May 21, 2013 sees Congressional Record publish “TEXT OF AMENDMENTS”

Volume 159, No. 72 covering the 1st Session of the 113th Congress (2013 - 2014) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S3665-S3697 on May 21, 2013.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 954. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 12213. DENALI COMMISSION REAUTHORIZATION.

The first section 310 of the Denali Commission Act of 1998

(42 U.S.C. 3121 note; Public Law 105-277) (relating to authorization of appropriations)--

(1) is redesignated as section 312; and

(2) is amended by striking subsection (a) and inserting the following:

``(a) In General.--There are authorized to be appropriated to the Commission such sums as are necessary to carry out this title, in accordance with the purposes of this title, for fiscal year 2014 and each fiscal year thereafter.''.

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SA 955. Mr. McCAIN (for himself and Mr. Flake) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1001, strike line 13 and insert the following:

``cal years 2014 through 2018.

``(6) Limitation on use of funds.--None of the amounts made available to carry out this section shall be used to construct, fund, install, or operate an ethanol blender pump or ethanol storage facility.''.

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SA 956. Mr. McCAIN (for himself, Mrs. Shaheen, Ms. Ayotte, Ms. Cantwell, Mr. Coburn, Mrs. Murray, Mr. Crapo, Mr. Warner, Mr. Risch, Mr. Kirk, Mr. Inhofe, and Mr. Lautenberg) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, insert the following:

SEC. 12___. REPEAL OF DUPLICATIVE CATFISH INSPECTION PROGRAM.

(a) In General.--Effective on the date of enactment of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.), section 11016 of such Act (Public Law 110-246; 122 Stat. 2130) and the amendments made by such section are repealed.

(b) Application.--The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) and the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) shall be applied and administered as if section 11016 (Public Law 110-246; 122 Stat. 2130) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.) and the amendments made by such section had not been enacted.

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SA 957. Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the end of part IV of subtitle D of title I, add the following:

SEC. 1482. INCLUSION OF CALIFORNIA AS SEPARATE MILK MARKETING

ORDER.

(a) Inclusion Authorized.--On the petition and approval of California dairy producers in the manner provided in section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, the Secretary shall designate the State of California as a separate Federal milk marketing order.

(b) Special Considerations.--If designated under subsection

(a), the order covering California shall have the right to reblend and distribute order receipts to recognize quota value.

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SA 958. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SEC. 122__. LISTING OF LESSER PRAIRIE CHICKENS.

Notwithstanding any other provision of law, the Secretary of the Interior, acting through the United States Fish and Wildlife Service, shall not make a decision on listing, or list, Lesser Prairie Chickens under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) earlier than March 31, 2015.

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SA 959. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 363, strike lines 7 through 12, and insert

``(a)(1), by striking `; and (C)' and inserting''.

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SA 960. Mr. INHOFE (for himself and Mr. Graham) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 351, between lines 12 and 13, insert the following:

PART I--REAUTHORIZATION OF THE SUPPLEMENTAL NUTRITION ASSISTANCE

PROGRAM

On page 390, between line 17 and 18, insert the following:

PART II--NUTRITION ASSISTANCE BLOCK GRANT PROGRAM

SEC. 4001A. NUTRITION ASSISTANCE BLOCK GRANT PROGRAM.

(a) In General.--For each of fiscal years 2015 through 2022, 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;

(3) verification of citizenship or proof of lawful permanent residency of the United States; and

(4) 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, 2013.

(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 4002A 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;

(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. 4002A. FUNDING.

(a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this part--

(1) for fiscal year 2015, $45,500,000,000;

(2) for fiscal year 2016, $46,600,000,000;

(3) for fiscal year 2017, $47,800,000,000;

(4) for fiscal year 2018, $49,000,000,000;

(5) for fiscal year 2019, $50,200,000,000;

(6) for fiscal year 2020, $51,500,000,000;

(7) for fiscal year 2021, $52,800,000,000; and

(8) for fiscal year 2022, $54,100,000,000.

(b) Adjustments to Discretionary Spending Limits.--

(1) In general.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended by striking paragraphs (5) through (10) and inserting the following:

``(5) with respect to fiscal year 2016, for the discretionary category, $1,131,500,000,000 in new budget authority;

``(6) with respect to fiscal year 2017, for the discretionary category, $1,178,800,000,000 in new budget authority;

``(7) with respect to fiscal year 2018, for the discretionary category, $1,205,000,000,000 in new budget authority;

``(8) with respect to fiscal year 2019, for the discretionary category, $1,232,200,000,000 in new budget authority;

``(9) with respect to fiscal year 2020, for the discretionary category, $1,259,500,000,000 in new budget authority; and

``(10) with respect to fiscal year 2021, for the discretionary category, $1,286,800,000,000 in new budget authority.''.

(2) Technical and conforming amendments.--Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985

(2 U.S.C. 901A) is amended--

(A) by striking the matter preceding paragraph (1) and inserting the following: ``Discretionary appropriations and direct spending accounts shall be reduced in accordance with this section as follows:'';

(B) by striking paragraphs (1) and (2);

(D) in paragraph (2), as redesignated, by striking

``paragraph (3)'' and inserting ``paragraph (1)'';

(E) in paragraph (3), as redesignated, by striking

``paragraph (4)'' each place it appears and inserting

``paragraph (2)'';

(F) in paragraph (4), as redesignated, by striking

``paragraph (4)'' each place it appears and inserting

``paragraph (2)'';

(G) in paragraph (5), as redesignated--

(i) by striking ``paragraph (5)'' each place it appears and inserting ``paragraph (3)''; and

(ii) by striking ``paragraph (6)'' each place it appears and inserting ``paragraph (4)'';

(H) in paragraph (6), as redesignated--

(i) by striking ``paragraph (4)'' and inserting ``paragraph

(2)''; and

(ii) by striking ``paragraphs (5) and (6)'' and inserting

``paragraphs (3) and (4)'';

(I) in paragraph (7), as redesignated--

(i) by striking ``paragraph (8)'' and inserting ``paragraph

(6)''; and

(ii) by striking ``paragraph (6)'' each place it appears and inserting ``paragraph (4)''; and

(J) in paragraph (9), as redesignated, by striking

``paragraph (4)'' and inserting ``paragraph (2)''.

SEC. 4003A. REPEALS.

(a) In General.--Effective September 30, 2014, the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is repealed.

(b) Repeal of Mandatory Funding.--

(1) In general.--Notwithstanding any other provision of law, effective September 30, 2014, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as in effect prior to that date) shall cease to be a program 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)) prior to the amendment made by paragraph (2)).

(2) Direct spending.--Effective September 30, 2014, section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)) is amended--

(A) in subparagraph (A), by adding ``and'' at the end;

(B) in subparagraph (B), by striking ``; and'' at the end and inserting a period; and

(3) Entitlement authority.--Effective September 30, 2014, section 3(9) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(9)) is amended--

(A) by striking ``means--'' and all that follows through

``the authority to make'' and inserting ``means the authority to make'';

(B) by striking ``; and'' and inserting a period; and

(c) 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 part.

SEC. 4004A. BASELINE.

Notwithstanding section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907), the baseline shall assume that, on and after September 30, 2014, no benefits shall be provided under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as in effect prior to that date).

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SA 961. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 12___. STATE OPTION OF NON-PARTICIPATION IN RENEWABLE

FUEL STANDARD.

Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended by adding at the end the following:

``(vi) Election of non-participation by state government.--

``(I) In general.--For purposes of subparagraph (A), the applicable volume of renewable fuel as determined under this subparagraph shall be adjusted in accordance with this clause.

``(II) Requirements.--On passage by a State legislature and signature by the Governor of the State of a law that elects to not participate in the applicable volume of renewable fuel in accordance with this clause, the Administrator shall allow a State to not participate in the applicable volume of renewable fuel determined under clause (i).

``(III) Reduction.--On the election of a State under subclause (II), the Administrator shall reduce the applicable volume of renewable fuel determined under clause (i) by the percentage that reflects the national gasoline consumption of the non-participating State that is attributable to that State.

``(IV) Credits to hold fuel sales harmless.--On the election of a State under subclause (II), the Administrator shall provide for the generation of credits for all gasoline

(regardless of whether the gasoline is blended) provided through a fuel terminal in the State to be calculated as though the gasoline were blended with the maximum allowable ethanol content of gasoline allowed in that State to apply toward the applicable volume of renewable fuel determined under clause (i).''.

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SA 962. Mr. WICKER submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

Beginning on page 169, strike line 17 and all that follows through page 170, line 16, and insert the following:

``(c) Direction, Control, and Support.--

``(1) In general.--The Director shall be free from the direction and control of any person other than the Secretary or the Deputy Secretary of Agriculture.

``(2) Administrative support.--The Division shall not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary.

``(3) Prohibition on delegation.--The Secretary may not delegate to any other officer or employee of the Department, other than the Deputy Secretary of Agriculture or the Director, the authority of the Secretary with respect to the Division.''.

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SA 963. Mr. SANDERS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 122____. CFTC INVESTIGATION ON ENERGY FUTURES AND SWAPS

MARKETS.

(a) In General.--Not later than 180 days after the date of enactment of this Act, the Commodity Futures Trading Commission, in coordination with the Oil and Gas Price Fraud Working Group, shall carry out an investigation and submit to Congress a report on whether any United States participant in the energy futures or swaps markets has engaged in price-fixing or has provided inaccurate information to a price reporting agency for the purpose of manipulating the published prices of gasoline, crude oil, heating oil, diesel fuel, or jet fuel.

(b) Coordination.--In carrying out the investigation under subsection (a), the Commodity Futures Trading Commission shall coordinate with appropriate Federal agencies and European Union agencies.

(1) include recommendations on how to make the pricing of gasoline, crude oil, heating oil, diesel fuel, and jet fuel more transparent, open, and free from manipulation, fraud, abuse, or excessive speculation; and

(2) be published on a publicly accessible Internet site of the Commodity Futures Trading Commission.

(d) Referral to Authorities.--If the Commodity Futures Trading Commission finds that illegal price-fixing has occurred, the Commodity Futures Trading Commission shall report those findings, along with any evidence, to the proper authorities.

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SA 964. Mr. SANDERS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 122___. COMMODITY FUTURES TRADING COMMISSION REGULATION

OF ENERGY MARKETS.

(a) Findings.--Congress finds that--

(1) in 1974, the Commodity Futures Trading Commission was established as an independent agency with a mandate--

(A) to enforce and administer the Commodity Exchange Act (7 U.S.C. 1 et seq.);

(B) to ensure market integrity;

(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.) 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) 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 2012 report from Goldman Sachs;

(5) on May 10, 2013--

(A) the supply of finished motor gasoline in the United States was higher than the supply was on May 15, 2009, when the national average price for a gallon of regular unleaded gasoline was less than $2.30; and

(B) demand for finished motor gasoline in the United States was lower than demand was on May 15, 2009;

(6) on May 17, 2013, the national average price of regular unleaded gasoline was $3.62 a gallon, an increase of more

$1.30 per gallon as compared to 2009, when finished motor gasoline supplies were lower and demand was higher;

(7) the International Energy Agency forecast on May 14, 2013, that the global supply of oil will surge by 8,400,000 barrels per day over the subsequent 5-year period, a pace that is significantly faster than demand, with nearly \2/3\ of that increase occurring in North America;

(8) 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;

(9) excessive oil and gasoline speculation is creating major market disturbances that prevent the market from accurately reflecting the forces of supply and demand; and

(10) 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 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

(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.

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SA 965. Mr. SANDERS (for himself and Mr. Begich) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 12213. 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.

(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.

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SA 966. Mr. FRANKEN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 993, line 20, strike ``$2,000,000'' and insert

``$4,000,000''.

On page 994, line 1, strike ``$3,000,000'' and insert

``$4,000,000''.

On page 996, strike lines 14 and 15 and insert the following:

``(ii) $69,000,000 for each of fiscal years 2015 through 2018.

On page 1001, line 7, strike ``$20,000,000'' and insert

``$70,000,000''.

On page 1001, line 12, strike ``$68,200,000'' and insert

``$70,000,000''.

On page 1002, line 6, strike ``$26,000,000'' and insert

``$30,000,000''.

On page 1019, line 9, strike ``$38,600,000'' and insert

``$75,000,000''.

On page 1019, strike line 17 and insert the following:under subsection (d)(2).

``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2014 through 2018.''.

On page 1022, between lines 4 and 5, insert the following:

(e) Mandatory Funding.--Section 9013 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113) is amended by adding at the end the following:

``(f) Mandatory Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $10,000,000 for each of fiscal years 2014 through 2018.''.

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SA 967. Mr. CORKER (for himself and Mr. Manchin) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1022, between lines 8 and 9, insert the following:

SEC. 90__. DOWNWARD ADJUSTMENT OF RENEWABLE FUEL VOLUME.

Section 211(o)(7)(D)(i) of the Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)) is amended in the second sentence--

(1) by striking ``may also'' and inserting ``shall''; and

(2) by striking ``or a lesser''.

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SA 968. Mr. GRASSLEY (for himself, Mr. Johnson of South Dakota, Mr. Brown, Mr. Enzi, and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 159, lines 23 and 24, strike ``Peanuts and Other''.

On page 160, beginning on line 3, strike ``for--'' and all that follows through ``1 or more other'' on line 5 and insert

``for 1 or more''.

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SA 969. Mr. GRASSLEY (for himself and Mr. Brown) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 12__. SPECIAL COUNSEL FOR COMPETITION MATTERS.

Subtitle I of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7005) is amended by adding at the end the following:

``SEC. 286. OFFICE OF COMPETITION AND FAIR PRACTICES.

``(a) In General.--There is established within the Department of Agriculture the Office of Competition and Fair Practices, headed by a Special Counsel for Competition Matters.

``(b) Duties.--The Special Counsel shall--

``(1) analyze mergers within the food and agricultural sectors, in consultation with the Chief Economist of the Department of Agriculture, the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice, and the Chairman of the Federal Trade Commission; and

``(2) investigate and prosecute violations of the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.).

``(c) Authorization for Additional Staff and Funding.--

``(1) Additional staff.--The Special Counsel shall hire sufficient employees (including antitrust and litigation attorneys, economists, and investigators) to appropriately carry out the responsibilities of the Office of Competition and Fair Practices under this Act.

``(2) Authorization.--There are authorized to be appropriated such sums as are necessary to carry out paragraph (1).''.

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SA 970. Mr. GRASSLEY (for himself, Mr. Donnelly, and Mrs. Fischer) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1125, after line 23, insert the following:

SEC. 12108. LIVESTOCK INFORMATION DISCLOSURE.

(a) Findings.--Congress finds that--

(1) United States livestock producers supply a vital link in the food supply of the United States, which is listed as a critical infrastructure by the Secretary of Homeland Security;

(2) domestic terrorist attacks have occurred at livestock operations across the United States, endangering the lives and property of people of the United States;

(3) livestock operations in the United States are largely family owned and operated with most families living at the same location as the livestock operation;

(4) State governments and agencies are the primary authority in almost all States for the protection of water quality under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(5) State agencies maintain records on livestock operations and have the authority to address water quality issues where needed; and

(6) there is no discernible environmental or scientifically research-related need to create a database or other system of records of livestock operations in the United States by the Administrator.

(b) Definitions.--In this section:

(1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency.

(2) Agency.--The term ``Agency'' means the Environmental Protection Agency.

(3) Livestock operation.--The term ``livestock operation'' includes any operation involved in the raising or finishing of livestock and poultry.

(1) Prohibition.--

(A) In general.--Except as provided in paragraph (2), the Administrator, any officer or employee of the Agency, or any contractor or cooperator of the Agency, shall not disclose the information of any owner, operator, or employee of a livestock operation provided to the Agency by a livestock producer or a State agency in accordance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or any other law, including--

(i) names;

(ii) telephone numbers;

(iii) email addresses;

(iv) physical addresses;

(v) Global Positioning System coordinates; or

(vi) other identifying information regarding the location of the owner, operator, or employee.

(2) Effect.--Nothing in paragraph (1) affects--

(A) the disclosure of information described in paragraph

(1) if--

(i) the information has been transformed into a statistical or aggregate form at the county level or higher without any information that identifies the agricultural operation or agricultural producer; or

(ii) the livestock producer consents to the disclosure; or

(B) the authority of any State agency to collect information on livestock operations.

(3) Condition of permit or other programs.--The approval of any permit, practice, or program administered by the Administrator shall not be conditioned on the consent of the livestock producer under paragraph (2)(A)(ii).

______

SA 971. Mr. TESTER submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SEC. 122______. ANNUAL REPORT ON AGRICULTURAL CONSOLIDATION.

(a) Definitions.--In this section:

(1) Market size.--The term ``market size'' includes the volume of the appropriate unit measurement of--

(A) slaughter volume (in head);

(B) purchasing volume (in bushels or hundredweight);

(D) sales (in millions of pounds or dollars).

(2) NAICS code.--The term ``NAICS code'' means the appropriate code of the North American Industrial Classification System, including any subset of the code.

(3) National market share.--The term ``national market share'', in terms of the appropriate agricultural sector or subsector, means total national sales and purchases of agricultural and food products.

(4) Parent company.--The term ``parent company'' includes all subsidiaries and joint ventures of the parent company.

(b) Annual Reports.--Not later than June 31, 2014, and each June 31 thereafter, 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 an annual report that includes statistics related to the 4 largest firms in each of the agricultural sectors and subsectors described in subsection (c).

(c) Contents.--Each report under subsection (b) shall include, with respect to the prior calendar year, the parent company name, national market size, and national market share of the 4 largest firms in the following sectors and subsectors:

(1) Beef slaughter and packing (NAICS code 311611 for plants that solely slaughter beef cattle).

(2) Hog slaughter and packing (NAICS code 311611 for plants that solely slaughter hogs).

(3) Pork processing (NAICS code 311612 for plants that solely process swine meat).

(4) Broiler slaughter and processing (NAICS code 311615 for plants that solely slaughter and process broiler chickens for meat).

(5) Turkey slaughter and processing (NAICS code 311615 for plants that solely slaughter and process turkeys).

(6) Fluid milk processing (NAICS code 311511).

(7) Fluid milk handling (NAICS code 484220 for milk hauling and NAICS code 424430 for milk, fluid (except canned), merchant wholesalers).

(8) Grain and oilseed handling (NAICS code 424510 for grain elevators merchant wholesalers grain and soybeans merchant wholesalers).

(9) Wet corn milling (NAICS code 311221).

(10) Soybean crushing (NAICS code 311222).

(11) Wheat flour milling (NAICS code 311211).

(12) Ethanol production (fuel ethanol, wet mill process NAICS code 32519301).

(13) Commodity seed manufacturing and trait ownership for corn, soybeans, wheat and cotton, including--

(A) seed manufacturing (NAICS code 115114 for seed processing, post-harvest for propagation); and

(B) seed trait licensing (biotechnology research and development laboratories or services in agriculture NAICS code 541711 and agriculture research and development laboratories or services (except biotechnology research and development) NAICS code 541712).

(14) Fertilizer manufacturers, including--

(A) phosphatic fertilizer manufacturing (NAICS code 325312); and

(B) nitrogenous fertilizer manufacturing (NAICS code 325311).

(15) Herbicide manufacturers (NAICS code 325320).

(16) Frozen fruit and vegetable manufacturers (NAICS code 311411).

(17) Canned fruit and vegetable manufacturers (NAICS code 311421).

(18) Grocery retailers (NAICS code 445110).

(19) Hog stations or hog merchant wholesalers (NAICS code 424520 for firms that solely buy and sell hogs).

(20) Cattle sale barns or merchant wholesalers (NAICS code 424520 for firms that solely buy and sell cattle).

______

SA 972. Mr. TESTER submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 934, strike lines 5 through 12, and insert the following:

(1) in subsection (a), by adding at the end the following:

``(3) Definitions.--In this section:

``(A) Conventional breeding.--The term `conventional breeding' means the development of new varieties of an organism through controlled mating and selection without the use of transgenic methods.

``(B) Public breed.--The term `public breed' means a breed that is the commercially available uniform end product of a publicly funded breeding program that--

``(i) has been sufficiently tested to demonstrate improved characteristics and stabile performance; and

``(ii) remains in the public domain for research purposes.

``(C) Public cultivar.--The term `public cultivar' means a cultivar that is the commercially available uniform end product of a publicly funded breeding program that--

``(i) has been sufficiently tested to demonstrate improved characteristics and stabile performance; and

``(ii) remains in the public domain for research purposes.'';

(2) in subsection (b)--

(A) in paragraph (2)--

(i) in subparagraph (A)(iii), by striking ``conventional breeding, including cultivar and breed development,'' and inserting ``public cultivar development through conventional breeding with no requirement or preference for the use of marker-assisted or genomic selection methods, including''; and

(ii) in subparagraph (B)(iv), by striking ``conventional breeding, including breed development,'' and inserting

``public breed development through conventional breeding with no requirement or preference for the use of marker-assisted or genomic selection methods, including'';

(B) in paragraph (4)(A), by inserting ``, including by conducting each fiscal year at least 1 separate request for applications for grants for research on public cultivar development through conventional breeding as described in paragraph (2)'' before the semicolon at the end; and

(i) in the matter preceding clause (i), by striking

``2012'' and inserting ``2018''; and

(ii) in clause (i), by striking ``integrated research'' and all that follows through ``; and'' and inserting ``integrated research, extension, and education activities; and''; and

(3) by adding at the end the following:

______

SA 973. Mr. TESTER submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 177, strike line 15 and insert the following:during each fiscal year.

``(3) Reservation.--Effective beginning in fiscal year 2015, the Secretary, to the maximum extent feasible, shall manage the conservation reserve to ensure that, on an annual basis, not less than 20.5 percent of land maintained in the program shall be--

``(A) described in subparagraphs (B) through (F) of subsection (b)(4); and

``(B) enrolled under--

``(i) the special conservation reserve enhancement program authority under section 1234(f)(4); or

``(ii) the pilot program for the enrollment of wetland and buffer acreage under section 1231B.''.

______

SA 974. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 421, between lines 3 and 4, insert the following:

SEC. 42___. SERVICE OF TRADITIONAL FOODS IN PUBLIC

FACILITIES.

(a) Definitions.--In this section:

(1) Food service program.--The term ``food service program'' includes--

(A) food service at a residential child care facility with a license from an appropriate State agency;

(B) a child nutrition program (as defined in section 25(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769f (b));

(D) a senior meal program.

(2) Indian; indian tribe.--The terms ``Indian'' and

``Indian tribe'' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(3) Traditional food.--

(A) In general.--The term ``traditional food'' means food that has traditionally been prepared and consumed by an Indian tribe.

(B) Inclusions.--The term ``traditional food'' includes--

(i) wild game meat;

(ii) fish;

(iii) seafood; and

(iv) plants.

(b) Program.--Notwithstanding any other provision of law, on the request of a Governor of a State, the Secretary shall allow the donation to and serving of traditional food through a food service program at a public facility or a nonprofit that primarily serves Indians if the operator of the food service program--

(1) ensures that the food is received whole, gutted, gilled, as quarters, or as a roast, without further processing;

(2) makes a reasonable determination that--

(A) the animal was not diseased;

(B) the food was butchered, dressed, transported, and stored to prevent contamination, undesirable microbial growth, or deterioration; and

(3) carries out any further preparation or processing of the food at a different time or in a different space from the preparation or processing of other food for the applicable program to prevent cross-contamination;

(4) cleans and sanitizes food-contact surfaces of equipment and utensils after processing the traditional food; and

(5) labels donated traditional food with the name of the food and stores the traditional food separately from other food for the applicable program, including through storage in a separate freezer or refrigerator or in a separate compartment or shelf in the freezer or refrigerator.

______

SA 975. Ms. HIRONO (for herself and Mr. Schatz) submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 902, line 13, strike ``subsections (j) and (k)'' and insert ``subsections (k) and (l)''.

On page 918, strike line 7 and insert the following:

``2014 through 2018.

``(j) Coffee Plant Health Initiative.--

``(1) Establishment.--The Secretary shall establish a coffee plant health initiative to address the critical needs of the coffee industry by--

``(A) developing and disseminating science-based tools and treatments to combat the coffee berry borer (Hypothenemus hampei); and

``(B) establishing an area-wide integrated pest management program in areas affected by or areas at risk of being affected by the coffee berry borer.

``(2) Eligible entities.--The Secretary may carry out the coffee plant health initiative through--

``(A) Federal agencies, including the Agricultural Research Service and the National Institute of Food and Agriculture;

``(B) National Laboratories;

``(C) institutions of higher education;

``(D) research institutions or organizations;

``(E) private organizations or corporations;

``(F) State agricultural experiment stations;

``(G) individuals; or

``(H) groups consisting of 2 or more entities or individuals described in subparagraphs (A) through (G).

``(3) Project grants and cooperative agreements.--In carrying out this subsection, the Secretary shall--

``(A) enter into cooperative agreements with eligible entities, as appropriate; and

``(B) award grants on a competitive basis.

``(4) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2014 through 2018.'';

On page 918, line 8, strike ``subsection (j)'' and insert

``subsection (k)''.

On page 918, line 11, strike ``subsection (k)'' and insert

``subsection (l)''.

______

SA 976. Mr. REED (for himself and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the end of title XII, add the following:

Subtitle D--Student Loan Affordability Act

SEC. 12301. SHORT TITLE.

This subtitle may be cited as the ``Student Loan Affordability Act''.

SEC. 12302. INTEREST RATE EXTENSION.

Section 455(b)(7)(D) of the Higher Education Act of 1965

(20 U.S.C. 1087e(b)(7)(D)) is amended--

(1) in the matter preceding clause (i), by striking ``and before July 1, 2013,'' and inserting ``and before July 1, 2015,''; and

(2) in clause (v), by striking ``and before July 1, 2013,'' and inserting ``and before July 1, 2015,''. SEC. 12303. MODIFICATIONS OF REQUIRED DISTRIBUTION RULES FOR

PENSION PLANS.

(a) In General.--Section 401(a)(9)(B) of the Internal Revenue Code of 1986 is amended to read as follows:

``(B) Required distributions where employee dies before entire interest is distributed.--

``(i) 5-year general rule.--A trust shall not constitute a qualified trust under this section unless the plan provides that, if an employee dies before the distribution of the employee's interest (whether or not such distribution has begun in accordance with subparagraph (A)), the entire interest of the employee will be distributed within 5 years after the death of such employee.

``(ii) Exception for eligible designated beneficiaries.--If--

``(I) any portion of the employee's interest is payable to

(or for the benefit of) an eligible designated beneficiary,

``(II) such portion will be distributed (in accordance with regulations) over the life of such eligible designated beneficiary (or over a period not extending beyond the life expectancy of such beneficiary), and

``(III) such distributions begin not later than 1 year after the date of the employee's death or such later date as the Secretary may by regulations prescribe,

then, for purposes of clause (i) and except as provided in clause (iv) or subparagraph (E)(iii), the portion referred to in subclause (I) shall be treated as distributed on the date on which such distributions begin.

``(iii) Special rule for surviving spouse of employee.--If the eligible designated beneficiary referred to in clause

(ii)(I) is the surviving spouse of the employee--

``(I) the date on which the distributions are required to begin under clause (ii)(III) shall not be earlier than the date on which the employee would have attained age 70\1/2\, and

``(II) if the surviving spouse dies before the distributions to such spouse begin, this subparagraph shall be applied as if the surviving spouse were the employee.

``(iv) Rules upon death of eligible designated beneficiary.--If an eligible designated beneficiary dies before the portion of an employee's interest described in clause (ii) is entirely distributed, clause (ii) shall not apply to any beneficiary of such eligible designated beneficiary and the remainder of such portion shall be distributed within 5 years after the death of such beneficiary.''.

(b) Definition of Eligible Designated Beneficiary.--Section 401(a)(9)(E) of the Internal Revenue Code of 1986 is amended to read as follows:

``(E) Definitions and rules relating to designated beneficiary.--For purposes of this paragraph--

``(i) Designated beneficiary.--The term `designated beneficiary' means any individual designated as a beneficiary by the employee.

``(ii) Eligible designated beneficiary.--The term `eligible designated beneficiary' means, with respect to any employee, any designated beneficiary who, as of the date of death of the employee, is--

``(I) the surviving spouse of the employee,

``(II) subject to clause (iii), a child of the employee who has not reached majority (within the meaning of subparagraph

(F)),

``(III) disabled (within the meaning of section 72(m)(7)),

``(IV) a chronically ill individual (within the meaning of section 7702B(c)(2), except that the requirements of subparagraph (A)(i) thereof shall only be treated as met if there is a certification that, as of such date, the period of inability described in such subparagraph with respect to the individual is an indefinite one that is reasonably expected to be lengthy in nature), or

``(V) an individual not described in any of the preceding subparagraphs who is not more than 10 years younger than the employee.

``(iii) Special rule for children.--Subject to subparagraph

(F), an individual described in clause (ii)(II) shall cease to be an eligible designated beneficiary as of the date the individual reaches majority and the requirement of subparagraph (B)(i) shall not be treated as met with respect to any remaining portion of an employee's interest payable to the individual unless such portion is distributed within 5 years after such date.''.

(c) Required Beginning Date.--Section 401(a)(9)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause:

``(v) Employees becoming 5-percent owners after age 70\1/2\.--If an employee becomes a 5-percent owner (as defined in section 416) with respect to a plan year ending in a calendar year after the calendar year in which the employee attains age 70\1/2\, then clause (i)(II) shall be applied by substituting the calendar year in which the employee became such an owner for the calendar year in which the employee retires.''.

(d) Effective Dates.--

(1) In general.--Except as provided in this subsection, the amendments made by this section shall apply to distributions with respect to employees who die after December 31, 2013.

(2) Required beginning date.--

(A) In general.--The amendment made by subsection (c) shall apply to employees becoming a 5-percent owner with respect to plan years ending in calendar years beginning before, on, or after the date of the enactment of this Act.

(B) Special rule.--If--

(i) an employee became a 5-percent owner with respect to a plan year ending in a calendar year which began before January 1, 2013, and

(ii) the employee has not retired before calendar year 2014,

such employee shall be treated as having become a 5-percent owner with respect to a plan year ending in 2013 for purposes of applying section 401(a)(9)(C)(v) of the Internal Revenue Code of 1986 (as added by the amendment made by subsection

(c)).

(3) Exception for certain beneficiaries.--If a designated beneficiary of an employee who dies before January 1, 2014, dies after December 31, 2013--

(A) the amendments made by this section shall apply to any beneficiary of such designated beneficiary, and

(B) the designated beneficiary shall be treated as an eligible designated beneficiary for purposes of applying section 401(a)(9)(B)(iv) of such Code (as in effect after the amendments made by this section).

(4) Exception for certain existing annuity contracts.--

(A) In general.--The amendments made by this section shall not apply to a qualified annuity which is a binding annuity contract in effect on the date of the enactment of this Act and at all times thereafter.

(B) Qualified annuity contract.--For purposes of this paragraph, the term ``qualified annuity'' means, with respect to an employee, an annuity--

(i) which is a commercial annuity (as defined in section 3405(e)(6) of such Code) or payable by a defined benefit plan,

(ii) under which the annuity payments are substantially equal periodic payments (not less frequently than annually) over the lives of such employee and a designated beneficiary

(or over a period not extending beyond the life expectancy of such employee or the life expectancy of such employee and a designated beneficiary) in accordance with the regulations described in section 401(a)(9)(A)(ii) of such Code (as in effect before such amendments) and which meets the other requirements of this section 401(a)(9) of such Code (as so in effect) with respect to such payments, and

(iii) with respect to which--

(I) annuity payments to the employee have begun before January 1, 2014, and the employee has made an irrevocable election before such date as to the method and amount of the annuity payments to the employee or any designated beneficiaries, or

(II) if subclause (I) does not apply, the employee has made an irrevocable election before the date of the enactment of this Act as to the method and amount of the annuity payments to the employee or any designated beneficiaries.

SEC. 12304. LIMITATION ON EARNINGS STRIPPING BY EXPATRIATED

ENTITIES.

(a) In General.--Subsection (j) of section 163 of the Internal Revenue Code of 1986 is amended--

(1) by redesignating paragraph (9) as paragraph (10), and

(2) by inserting after paragraph (8) the following new paragraph:

``(9) Special rules for expatriated entities.--

``(A) In general.--In the case of a corporation to which this subsection applies which is an expatriated entity, this subsection shall apply to such corporation with the following modifications:

``(i) Paragraph (2)(A) shall be applied without regard to clause (ii) thereof.

``(ii) Paragraph (1)(B) shall be applied--

``(I) without regard to the parenthetical, and

``(II) by substituting `in the 1st succeeding taxable year and in the 2nd through 10th succeeding taxable years to the extent not previously taken into account under this subparagraph' for `in the succeeding taxable year'.

``(iii) Paragraph (2)(B) shall be applied--

``(I) without regard to clauses (ii) and (iii), and

``(II) by substituting `25 percent of the adjusted taxable income of the corporation for such taxable year' for the matter of clause (i)(II) thereof.

``(B) Expatriated entity.--For purposes of this paragraph--

``(i) In general.--With respect to a corporation and a taxable year, the term `expatriated entity' has the meaning given such term by section 7874(a)(2), determined as if such section and the regulations under such section as in effect on the first day of such taxable year applied to all taxable years of the corporation beginning after July 10, 1989.

``(ii) Exception for surrogates treated as a domestic corporation.--The term `expatriated entity' does not include a surrogate foreign corporation which is treated as a domestic corporation by reason of section 7874(b).''.

(b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

SEC. 12305. MODIFICATIONS RELATED TO THE OIL SPILL LIABILITY

TRUST FUND.

(a) Definition of Crude Oil.--Paragraph (1) of section 4612(a) of the Internal Revenue Code of 1986 is amended to read as follows:

``(1) Crude oil.--The term `crude oil' includes crude oil condensates, natural gasoline, any bitumen or bituminous mixture, and any oil derived from a bitumen or bituminous mixture.''.

(b) Removing Restrictions Relating to Oil Wells and Extraction Methods.--Paragraph (2) of section 4612(a) of the Internal Revenue Code of 1986 is amended by striking ``from a well located''.

(c) Permanent Extension of Oil Spill Liability Trust Fund Financing Rate.--Section 4611(f) is amended by striking subsection (f).

(d) Clerical Amendment.--Subclause (I) of section 4612(e)(2)(B)(ii) of the Internal Revenue Code of 1986 is amended by striking ``tranferred'' and inserting

``transferred''.

(e) Effective Date.--The amendments made by subsections (a) and (b) shall apply to crude oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act.

SEC. 12306. RESERVING RESULTING SURPLUSES FOR DEFICIT

REDUCTION.

(a) Paygo Scorecard.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)).

(b) Senate Paygo Scorecard.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).

______

SA 977. Mr. COWAN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 914, between lines 13 and 14, insert the following:

``(i) Soil Amendment Study.--

``(1) In general.--The Secretary shall conduct a study to assess which types of, and which practices associated with the use of, fertilizers, biostimulants, and soil amendments best achieve the goals described in paragraph (2).

``(2) Goals.--The goals referred to in paragraph (1) are--

``(A) increasing organic matter content;

``(B) reducing atmospheric volatilization;

``(C) limiting or eliminating runoff or leaching into groundwater or other water sources; and

``(D) restoring beneficial bioactivity or healthy nutrients to the soil.

``(3) Report.--Not later than 1 year after the date of receipt of funds to carry out this subsection, the Secretary shall make publicly available and 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--

``(A) describes the results of the study; and

``(B) identifies the types of, and practices using, fertilizers, biostimulants, and soil amendments that best achieve the goals identified in paragraph (2).''.

______

SA 978. Mr. MERKLEY (for himself, Mr. Tester, Mr. Blumenthal, Mr. Begich, Mr. Heinrich, and Mrs. Boxer) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SEC. 12___. PLANT PROTECTION ACT.

Division A of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6) is amended by striking section 735 (127 Stat. 231).

______

SA 979. Mr. SANDERS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 12___. STUDY ON THE ECONOMIC IMPACTS OF EXTREME WEATHER

EVENTS AND CLIMATE CHANGE.

(a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall conduct a study of the economic impacts of extreme weather events and climate change on agriculture in the United States.

(b) Requirements.--The study under subsection (a) shall--

(1) consider the economic impacts of extreme weather events and climate change during, as the Secretary determines to be appropriate--

(A) the initial short-term period beginning on the date of enactment of this Act; and

(B) a subsequent long-term period;

(2) include an analysis of the impacts of extreme weather events and climate change on--

(A) dairy, grain, meat and poultry, specialty crops (such as fruits, vegetables, wine, and maple syrup), forestry and forest products, and other agricultural products; and

(B) rural economies, including tourism and the ski industry; and

(3) use a range of sources for purposes of analyzing the economic impacts, including observations from, and the experience of, agriculture producers.

______

SA 980. Mr. COWAN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 396, strike lines 8 through 12, and insert the following:

SEC. 4202. SENIOR FARMERS' MARKET NUTRITION PROGRAM.

(a) In General.--Section 4402(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007(a)) is amended--

(1) by striking ``$20,600,000'' and inserting

``$25,000,000''; and

(2) by striking ``2012'' and inserting ``2018''.

(b) Offset.--Out of any unobligated amounts that remain available to the Secretary under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), the Secretary shall use to carry out the program under section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) not more than $22,000,000 for fiscal years 2013 through 2018.

______

SA 981. Mr. ENZI submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1125, after line 23, add the following:

SEC. 121__. 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 982. Mr. ENZI (for himself, Mr. Johnson of South Dakota, and Mr. Tester) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1084, strikes line 20 through 22 and insert the following:

SEC. 11____. PACKERS AND POULTRY.

(a) Limitation on Use of Anti-competitive Forward Contracts.--

(1) In general.--Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), is amended--

(A) in subsection (g), by striking ``or (e)'' and inserting

``(e), or (f)'';

(B) by redesignating subsections (f) and (g) as subsection

(g) and (h), respectively;

``(f)(1) Except as provided in paragraph (2), 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.

``(2) Paragraph (1) shall not apply to--

``(A) 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--

``(B) own, feed, or control livestock; and

``(C) provide the livestock to the cooperative for slaughter;

``(D) 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

``(E) a packer that owns 1 livestock processing plant.''.

(2) Definitions.--Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)) is amended by adding at the end the following:

``(15) Firm base price.--The term `firm base price' means a transaction using a reference price from an external source.

``(16) Formula price.--

``(A) In general.--The term `formula price' means any price term that establishes a base from which a purchase price is calculated on the basis of a price that will not be determined or reported until a date after the day the forward price is established.

``(B) Exclusion.--The term `formula price' does not include--

``(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.''.

(b) Poultry Business Disruption Insurance Policy and Catastrophic Disease Program.--Section 522(c) of the Federal Crop Insurance Act (7

______

SA 983. Mr. ENZI submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 134, line 13, before the period insert ``using the weekly price reports of the Agricultural Marketing Service''.

______

SA 984. Mrs. FISCHER (for herself, Mr. Carper, and Mr. Johanns) submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1050, after line 23, add the following:

SEC. 10013. IMPORTATION OF SEED.

Section 17(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o(c)) is amended--

(1) by striking ``The Secretary'' and inserting the following:

``(1) In general.--The Secretary''; and

(2) by adding at the end the following:

``(2) Importation of seed.--For purposes of this subsection, seed, including treated seed, shall not be considered to be a pesticide or device.

``(3) Applicability.--Nothing in this subsection precludes or limits the authority of the Secretary of Agriculture with respect to the importation or movement of plants, plant products, or seeds under--

``(A) the Plant Protection Act (7 U.S.C. 7701 et seq.); and

``(B) the Federal Seed Act (7 U.S.C. 1551 et seq.).''.

______

SA 985. Mr. THUNE (for himself, Mr. Grassley, Mr. Roberts, and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

Beginning on page 38, strike line 3 and all that follows through page 41, line 14, and insert the following:

SEC. 1107. AVAILABILITY OF ADVERSE MARKET PAYMENTS.

(a) Payment Required.--For each of the 2014 through 2018 crop years for rice and peanuts, the Secretary shall make adverse market payments to producers on farms for which payment yields and base acres are established with respect to the rice and peanuts if the Secretary determines that the actual price for the rice or peanuts is less than the reference price for the rice or peanuts.

(b) Actual Price.--

(1) Peanuts.--Except as provided in paragraph (2), for purposes of subsection (a), the actual price for peanuts is equal to the higher of the following:

(A) The national average market price received by producers during the 12-month marketing year for the peanuts as determined by the Secretary.

(B) The national average loan rate for a marketing assistance loan for the peanuts in effect for the applicable period under subtitle B.

(2) Rice.--In the case of long grain rice and medium grain rice, for purposes of subsection (a), the actual price for each type or class of rice is equal to the higher of the following:

(A) The national average market price received by producers during the 12-month marketing year for the type or class of rice, as determined by the Secretary.

(B) The national average loan rate for a marketing assistance loan for the type or class of rice in effect for the applicable period under subtitle B.

(1) in the case of long and medium grain rice, $13.30 per hundredweight; and

(2) in the case of peanuts, $523.77 per ton.

(d) Payment Rate.--The payment rate used to make adverse market payments with respect to rice and peanuts for a crop year shall be equal to the amount that--

(1) the reference price under subsection (c) for the rice or peanuts; exceeds

(2) the actual price determined under subsection (b) for the rice or peanuts.

(e) Payment Amount.--If adverse market payments are required to be paid under this section for any of the 2014 through 2018 crop years of rice or peanuts, the amount of the adverse market payment to be paid to the producers on a farm for that crop year shall be equal to the product of the following:

(1) The payment rate specified in subsection (d).

(2) The payment acres of the rice or peanuts on the farm.

(3) The payment yield for the rice or peanuts for the farm.

(f) Time for Payments.--If the Secretary determines under subsection (a) that adverse market payments are required to be made under this section for the crop of rice or peanuts, beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the rice or peanuts, the Secretary shall make the adverse market payments for the crop.

______

SA 986. Mr. CASEY (for himself and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

Beginning on page 447, strike line 10 and all that follows through page 460, line 18, and insert the following:

``(2) Exceptions.--In this subsection, the term `direct operating loan' does not include--

``(A) a loan made to a youth under subsection (d); or

``(B) a microloan made to a beginning farmer or rancher or a veteran farmer or rancher (as defined in section 2501(e) of the Food Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)).

``(3) Waivers.--

``(A) Farm operations on tribal land.--The Secretary shall waive the limitation under paragraph (1)(C) for a direct loan made under this chapter to a farmer whose farm land is subject to the jurisdiction of an Indian tribe and whose loan is secured by 1 or more security instruments that are subject to the jurisdiction of an Indian tribe if the Secretary determines that commercial credit is not generally available for such farm operations.

``(B) Other farm operations.--On a case-by-case determination not subject to administrative appeal, the Secretary may grant a borrower a waiver, 1 time only for a period of 2 years, of the limitation under paragraph (1)(C) for a direct operating loan if the borrower demonstrates to the satisfaction of the Secretary that--

``(i) the borrower has a viable farm operation;

``(ii) the borrower applied for commercial credit from at least 2 commercial lenders;

``(iii) the borrower was unable to obtain a commercial loan

(including a loan guaranteed by the Secretary); and

``(iv) the borrower successfully has completed, or will complete within 1 year, borrower training under section 3419

(from which requirement the Secretary shall not grant a waiver under section 3419(f)).

``(d) Youth Loans.--

``(1) In general.--Notwithstanding subsection (b), except for citizenship and credit requirements, a loan may be made under this chapter to a youth who is a rural resident to enable the youth to operate an enterprise in connection with the participation in a youth organization, as determined by the Secretary.

``(2) Full personal liability.--A youth receiving a loan under this subsection who executes a promissory note for the loan shall incur full personal liability for the indebtedness evidenced by the note, in accordance with the terms of the note, free of any disability of minority.

``(3) Cosigner.--The Secretary may accept the personal liability of a cosigner of a promissory note for a loan under this subsection, in addition to the personal liability of the youth borrower.

``(4) Youth enterprises not farming.--The operation of an enterprise by a youth under this subsection shall not be considered the operation of a farm under this subtitle.

``(5) Relation to other loan programs.--Notwithstanding any other provision of law, if a borrower becomes delinquent with respect to a youth loan made under this subsection, the borrower shall not become ineligible, as a result of the delinquency, to receive loans and loan guarantees from the Federal government to pay for education expenses of the borrower.

``(e) Pilot Loan Program To Support Healthy Foods for the Hungry.--

``(1) Definition of gleaner.--In this subsection, the term

`gleaner' means an entity that--

``(A) collects edible, surplus food that would be thrown away and distributes the food to agencies or nonprofit organizations that feed the hungry; or

``(B) harvests for free distribution to the needy, or for donation to agencies or nonprofit organizations for ultimate distribution to the needy, an agricultural crop that has been donated by the owner of the crop.

``(2) Program.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish, within the operating loan program established under this chapter, a pilot program under which the Secretary makes loans available to eligible entities to assist the entities in providing food to the hungry.

``(3) Eligibility.--In addition to any other person eligible under the terms and conditions of the operating loan program established under this chapter, gleaners shall be eligible to receive loans under this subsection.

``(4) Loan amount.--

``(A) In general.--Each loan issued under the program shall be in an amount of not less than $500 and not more than

$5,000.

``(B) Redistribution.--If the eligible recipients in a State do not use the full allocation of loans that are available to eligible recipients in the State under this subsection, the Secretary may use any unused amounts to make loans available to eligible entities in other States in accordance with this subsection.

``(5) Loan processing.--

``(A) In general.--The Secretary shall process any loan application submitted under the program not later than 30 days after the date on which the application was submitted.

``(B) Expediting applications.--The Secretary shall take any measure the Secretary determines necessary to expedite any application submitted under the program.

``(6) Paperwork reduction.--The Secretary shall take measures to reduce any paperwork requirements for loans under the program.

``(7) Program integrity.--The Secretary shall take such actions as are necessary to ensure the integrity of the program established under this subsection.

``(8) Maximum amount.--Of funds that are made available to carry out this chapter, the Secretary shall use to carry out this subsection a total amount of not more than $500,000.

``(9) Report.--Not later than 180 days after the maximum amount of funds are used to carry out this subsection under paragraph (8), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the pilot program and the feasibility of expanding the program.

``SEC. 3202. PURPOSES OF LOANS.

``(a) Direct Loans.--A direct loan (including a microloan as defined by the Secretary) may be made under this chapter only--

``(1) to pay the costs incident to reorganizing a farm for more profitable operation;

``(2) to purchase livestock, poultry, or farm equipment;

``(3) to purchase feed, seed, fertilizer, insecticide, or farm supplies, or to meet other essential farm operating expenses, including cash rent;

``(4) to finance land or water development, use, or conservation;

``(5) to pay loan closing costs;

``(6) to assist a farmer in changing the equipment, facilities, or methods of operation of a farm to comply with a standard promulgated under section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) or a standard adopted by a State under a plan approved under section 18 of that Act (29 U.S.C. 667), if the Secretary determines that without assistance under this paragraph the farmer is likely to suffer substantial economic injury in complying with the standard;

``(7) to train a limited-resource borrower receiving a loan under section 3106 in maintaining records of farming operations;

``(8) to train a borrower under section 3419;

``(9) to refinance the indebtedness of a borrower, if the borrower--

``(A) has refinanced a loan under this chapter not more than 4 times previously; and

``(B)(i) is a direct loan borrower under this subtitle at the time of the refinancing and has suffered a qualifying loss because of a natural or major disaster or emergency; or

``(ii) is refinancing a debt obtained from a creditor other than the Secretary;

``(10) to provide other farm or home needs, including family subsistence; or

``(11) to assist a farmer in the production of a locally or regionally produced agricultural food product (as defined in section 3601(e)(11)(A)), including to qualified producers engaged in direct-to-consumer marketing, direct-to-institution marketing, or direct-to-store marketing, business, or activities that produce a value-added agricultural product (as defined in section 231(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(a))).

``(b) Guaranteed Loans.--A loan may be guaranteed under this chapter only--

``(1) to pay the costs incident to reorganizing a farm for more profitable operation;

``(2) to purchase livestock, poultry, or farm equipment;

``(3) to purchase feed, seed, fertilizer, insecticide, or farm supplies, or to meet other essential farm operating expenses, including cash rent;

``(4) to finance land or water development, use, or conservation;

``(5) to refinance indebtedness;

``(6) to pay loan closing costs;

``(7) to assist a farmer in changing the equipment, facilities, or methods of operation of a farm to comply with a standard promulgated under section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) or a standard adopted by a State under a plan approved under section 18 of that Act (29 U.S.C. 667), if the Secretary determines that without assistance under this paragraph the farmer is likely to suffer substantial economic injury due to compliance with the standard;

``(8) to train a borrower under section 3419; or

``(9) to provide other farm or home needs, including family subsistence.

``(c) Hazard Insurance Requirement.--The Secretary may not make a loan to a farmer under this chapter unless the farmer has, or agrees to obtain, hazard insurance on the property to be acquired with the loan.

``(d) Private Reserve.--

``(1) In general.--Notwithstanding any other provision of this title, the Secretary may reserve a portion of any loan made under this chapter to be placed in an unsupervised bank account that may be used at the discretion of the borrower for the basic family needs of the borrower and the immediate family of the borrower.

``(2) Limit on size of the reserve.--The size of the reserve shall not exceed the lesser of--

``(A) 10 percent of the loan;

``(B) $5,000; or

``(C) the amount needed to provide for the basic family needs of the borrower and the immediate family of the borrower for 3 calendar months.

``(e) Loans to Local and Regional Food Producers.--

``(1) Training.--The Secretary shall ensure that loan officers processing loans under subsection (a)(11) receive appropriate training to serve borrowers and potential borrowers engaged in local and regional food production.

``(2) Valuation.--

``(A) In general.--The Secretary shall develop ways to determine unit prices (or other appropriate forms of valuation) for crops and other agricultural products, the end use of which is intended to be in locally or regionally produced agricultural food products, to facilitate lending to local and regional food producers.

``(B) Price history.--The Secretary shall implement a mechanism for local and regional food producers to establish price history for the crops and other agricultural products produced by local and regional food producers.

``(3) Outreach.--The Secretary shall develop and implement an outreach strategy to engage and provide loan services to local and regional food producers.

``SEC. 3203. RESTRICTIONS ON LOANS.

``(a) Requirements.--

``(1) In general.--Except as provided in paragraph (3), the Secretary may not make or guarantee a loan under this chapter--

``(A) that would cause the total principal indebtedness outstanding at any 1 time for loans made under this chapter to any 1 borrower to exceed--

``(i)(I) in the case of a loan made by the Secretary,

$300,000; or

``(II) in the case of a loan guaranteed by the Secretary,

$700,000 (as modified under paragraph (2)); or

``(B) for the purchasing or leasing of land other than for cash rent, or for carrying on a land leasing or land purchasing program.

``(2) Modification.--The amount specified in paragraph

(1)(A)(ii) shall be--

``(A) increased, beginning with fiscal year 2000, by the inflation percentage applicable to the fiscal year in which the loan is guaranteed; and

``(B) reduced by the unpaid indebtedness of the borrower on loans under sections specified in section 3104 that are guaranteed by the Secretary.

``(3) Microloans.--

``(A) In general.--Subject to subparagraph (B), the Secretary may establish a program to make or guarantee microloans.

``(B) Limitation.--The Secretary shall not make or guarantee any microloan (as defined by the Secretary) under this chapter--

``(i) for an amount that is greater than $35,000; or

``(ii) that would cause the total principal indebtedness outstanding at any 1 time for microloans made under this chapter to any 1 borrower to exceed $70,000.

``(C) Applications.--To the maximum extent practicable, the Secretary shall limit the administrative burdens and streamline the application and approval process for microloans under this paragraph.

``(D) Cooperative lending projects.--

``(i) In general.--Subject to clause (ii), the Secretary may contract with community-based and nongovernmental organizations, States, or other intermediaries, as the Secretary determines appropriate--

``(I) to make or guarantee a microloan under this paragraph; and

``(II) to provide business, financial, marketing, and credit management services to borrowers.

``(ii) Requirements.--Before contracting with an entity described in clause (i), the Secretary shall--

``(I) review and approve--

``(aa) the loan loss reserve fund for microloans established by the entity; and

``(bb) the underwriting standards for microloans of the entity; and

``(II) establish such other requirements for contracting with the entity as the Secretary determines necessary.

``(iii) Revolving loan.--Under such conditions as the Secretary may require, an entity described in clause (i) that enters into a contract with the Secretary under this subparagraph may elect to convert the loan loss reserve fund for microloans established by the entity into a revolving loan fund to carry out the purposes of this subparagraph.

``(b) Inflation Percentage.--For purposes of this section, the inflation percentage applicable to a fiscal year is the percentage (if any) by which--

``(1) the average of the Prices Paid By Farmers Index (as compiled by the National Agricultural Statistics Service of the Department) for the 12-month period ending on August 31 of the immediately preceding fiscal year; exceeds

``(2) the average of that index (as so defined) for the 12-month period ending on August 31, 1996.

``SEC. 3204. TERMS OF LOANS.

``(a) Personal Liability.--A borrower of a loan made under this chapter shall secure the loan with the full personal liability of the borrower and such other security as the Secretary may prescribe.

``(b) Interest Rates.--

``(1) Maximum rate.--

``(A) In general.--Except as provided in paragraphs (2) and

(3), the interest rate on a loan made under this chapter

(other than a guaranteed loan) shall be determined by the Secretary at a rate not to exceed the sum obtained by adding--

``(i) the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of the loan; and

``(ii) an additional charge not to exceed 1 percent, as determined by the Secretary.

``(B) Adjustment.--The sum obtained under subparagraph (A) shall be adjusted to the nearest \1/8\ of 1 percent.

``(2) Guaranteed loan.--The interest rate on a guaranteed loan made under this chapter shall be such rate as may be agreed on by the borrower and the lender, but may not exceed any rate prescribed by the Secretary.

``(3) Low income loan.--The interest rate on a microloan to a beginning farmer or rancher or a veteran farmer or rancher

(as defined in section 2501(e) of the Food Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)) or a direct loan made under this chapter to a low-income, limited-resource borrower shall be determined by the Secretary at a rate that is not--

``(A) greater than the sum obtained by adding--

``(i) an amount that does not exceed \1/2\ of the current average market yield on outstanding marketable obligations of the United States with a maturity of 5 years; and

``(ii) an amount not to exceed 1 percent per year, as the Secretary determines is appropriate; or

``(B) less than 1.5 percent per year.

______

SA 987. Mr. MORAN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

After section 11024, insert the following:

SEC. 110__. ALFALFA CROP INSURANCE POLICY.

Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) (as amended by section 11024) is amended by adding at the end the following:

``(25) Alfalfa crop insurance policy.--

``(A) In general.--The Corporation shall offer to enter into 1 or more contracts with qualified entities to carry out research and development regarding a policy to insure alfalfa.

``(B) 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 988. Mr. MORAN (for himself and Mr. King) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the end of title XII, insert the following:

SEC. 12___. TRANSPORT AND DISPENSING OF CONTROLLED SUBSTANCES

IN THE USUAL COURSE OF VETERINARY PRACTICE.

Section 302(e) of the Controlled Substances Act (21 U.S.C. 822(e)) is amended--

(1) by striking ``(e)'' and inserting ``(e)(1)''; and

(2) by adding at the end the following:

``(2) Notwithstanding paragraph (1), a registrant who is a veterinarian shall not be required to have a separate registration in order to transport and dispense controlled substances in the usual course of veterinary practice at a site other than the registrant's registered principal place of business or professional practice, so long as the site of dispensing is located in a State where the veterinarian is licensed to practice veterinary medicine.''.

______

SA 989. Mr. THUNE (for himself, Mr. Roberts, and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

After section 4003, insert the following:

SEC. 4004. WORKFARE REQUIREMENT WAIVER.

Section 6(o)(4)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)(4)(A)) is amended--

(1) in clause (i), by striking ``or'' at end; and

(2) by striking clause (ii) and inserting the following:

``(ii) is designated as a labor surplus area by the Employment and Training Administration of the Department of Labor;

``(iii) is determined by the Unemployment Insurance Services of the Department of Labor as qualifying for extended unemployment benefits; or

``(iv) has a 24-month average unemployment rate that is 20 percent above the national average for the same 24-month period.''.

______

SA 990. Mr. THUNE (for himself, Mr. Roberts, and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

Strike section 4010 and insert the following:

SEC. 4010. QUALITY CONTROL.

(a) In General.--Section 16(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)) is amended--

(1) in paragraph (1)--

(A) in subparagraph (D)(i)(II), by inserting ``except as provided in subparagraph (H),'' before ``require''; and

(B) by adding at the end the following:

``(H) States in liability status for a third consecutive fiscal year.--

``(i) In general.--If a liability amount has been established for a State agency under subparagraph (C) for 3 or more consecutive fiscal years, the Secretary shall require the State to pay the entire liability amount for those fiscal years.

``(ii) Alternatives to full payment not available.--Subparagraph (D) shall not apply to a State agency described in clause (i).''; and

(2) by redesignating paragraph (9) as paragraph (10); and

(3) by inserting after paragraph (8) the following:

``(9) Penalty for negative error rate.--

``(A) Definitions.--In this paragraph:

``(i) Affected state agency.--The term `affected State agency' means a State agency that maintains, for 2 or more consecutive fiscal years, a negative error rate that is more than 50 percent higher than the national average negative error rate, as determined by the Secretary.

``(ii) Average negative error rate.--The term `average negative error rate' means the product obtained by multiplying--

``(I) the negative error rate of a State agency; and

``(II) the proportion of the total negative caseload of that State agency for the fiscal year, as calculated under the quality control sample at the time of the notifications issued under subparagraph (C), as determined by the Secretary.

``(iii) Negative error rate.--

``(I) In general.--The term `negative error rate' means, for a State agency, the proportion that--

``(aa) the total number of actions erroneously taken by the State agency to deny applications or suspend or terminate benefits of a household participating in the supplemental nutrition assistance program established under this Act, as determined by the Secretary, in that fiscal year; bears to

``(bb) the total number of actions taken by the State agency to deny applications or suspend or terminate benefits of households participating in the supplemental nutrition assistance program established under this Act in that fiscal year.

``(II) Exclusions.--The term `negative error rate' does not include--

``(aa) an error resulting from the application of regulations promulgated under this Act during the period--

``(AA) beginning on the date of enactment of this clause; and

``(BB) ending on the date that is 121 days after the date on which the regulation is implemented; and

``(bb) an error resulting from--

``(AA) the use by a State agency of correctly processed information concerning households or individuals received under a Federal program; or

``(BB) an action that is based on policy information that is approved or disseminated, in writing, by the Secretary or a designee of the Secretary.

``(B) Penalty amount.--For fiscal year 2012 and each subsequent fiscal year, the amount of the penalty for an affected State agency shall be equal to 5 percent of the amount otherwise payable under subsection (a).

``(C) Information reporting by states.--

``(i) In general.--For each fiscal year, each State agency shall expeditiously submit to the Secretary data concerning the operations of the State agency sufficient for the Secretary to establish the negative error rate and penalty amount of the State agency.

``(ii) Relevant information.--The Secretary may require a State agency to report any factors necessary to determine the negative error rate of the State agency.

``(iii) Information not reported.--If a State agency fails to report information required by the Secretary, the Secretary may use any information, as the Secretary considers appropriate, to establish the negative error rate of the State agency for the applicable year.

``(iv) National average error rate.--If a State agency fails to report information required by the Secretary, the Secretary may use the national average negative error rate to establish the negative error rate for the State agency.

``(D) Announcement of error rates.--

``(i) Case review.--Not later than May 31 of each fiscal year, the case review and all arbitration of State-Federal differences on negative error rates for the previous fiscal year shall be completed.

``(ii) Determination and announcement.--Not later than June 30 of each fiscal year, the Secretary shall, for the previous fiscal year--

``(I) determine--

``(aa) final negative error rates;

``(bb) the national average negative error rate; and

``(cc) penalty amounts;

``(II) notify affected State agencies of the penalty amounts;

``(III) provide a copy of the notification under subclause

(II) to the chief executive officer and the legislature of the affected State; and

``(IV) establish a claim against the State agency for the monetary penalty amount assessed against the State agency.

``(E) Review.--

``(i) In general.--For any fiscal year, if the Secretary imposes a penalty amount against a State agency under subparagraph (D)(ii), the following determinations of the Secretary shall be subject to administrative and judicial review:

``(I) The final negative error rate of the State agency.

``(II) A determination of the Secretary that the negative error rate of the State agency exceeds 50 percent of the national average negative error rate.

``(III) The monetary penalty amount assessed against the State agency.

``(ii) Determination not reviewable.--The national average negative error rate under this paragraph shall not be subject to administrative or judicial review.

``(F) Payment of penalty amount.--

``(i) In general.--On completion of administrative and judicial review under subparagraph (E), an affected State agency shall pay to the Secretary the penalty amount designated under subparagraph (D)(ii), subject to the findings of the administrative or judicial review, not later than September 30 of the fiscal year for which the claim has been issued to the State agency.

``(ii) Alternative method of collection.--

``(I) In general.--If a State agency fails to make a payment under clause (i) by September 30 of the fiscal year for which the claim has been issued to the State agency, the Secretary may reduce any amount due to the State agency under any other provision of this Act by the amount of the monetary penalty established under subparagraph (D)(ii).

``(II) Accrual of interest.--Interest on the amount owed shall not accrue until after September 30 of the applicable fiscal year.''.

______

SA 991. Mr. THUNE (for himself, Mr. Roberts, and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

In section 4016, strike ``Section 28(b)'' and inserting the following:

(1) In general.--Section 28(b)

In section 4016, add at the end the following:

(2) Funding.--Section 28 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a) is amended by striking subsection (d) and inserting the following:

``(d) Funding.--

``(1) In general.--Of funds made available each fiscal year under section 18(a)(1), the Secretary shall make available to each State agency to carry out the nutrition education and obesity prevention grant program under this section--

``(A) for fiscal year 2013, an amount equal to $5 per individual in the State enrolled in the supplemental nutrition assistance program; and

``(B) for fiscal year 2014 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect any increases for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, per individual in the State enrolled in the supplemental nutrition assistance program.

``(2) Timing of determination.--At the end of each fiscal year, the Secretary shall determine the total number of individuals in each State enrolled in the supplemental nutrition assistance program so as to determine appropriate funding levels for the coming fiscal year.''.

______

SA 992. Mr. FRANKEN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 351, between lines 12 and 13, insert the following:

SEC. 4001. ACCESS TO GROCERY DELIVERY FOR HOMEBOUND SENIORS

AND INDIVIDUALS WITH DISABILITIES ELIGIBLE FOR

SUPPLEMENTAL NUTRITION ASSISTANCE BENEFITS.

(a) In General.--Section 3(p) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is amended--

(1) in paragraph (3), by striking ``and'' at the end;

(2) in paragraph (4), by striking the period at the end and inserting ``; and''; and

(3) by inserting after paragraph (4) the following:

``(5) a public or private nonprofit food purchasing and delivery service that--

``(A) purchases food for, and delivers the food to, individuals who are--

``(i) unable to shop for food; and

``(ii)(I) not less than 60 years of age; or

``(II) individuals with disabilities;

``(B) clearly notifies the participating household at the time the household places a food order--

``(i) of any delivery fee associated with the food purchase and delivery provided to the household by the service; and

``(ii) that a delivery fee cannot be paid with benefits provided under the supplemental nutrition assistance program; and

``(C) sells food purchased for the household at the price paid by the service for the food without any additional cost markup.''.

(b) Issuance of Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations that--

(1) establish criteria to identify a food purchasing and delivery service described in section 3(p)(5) of the Food and Nutrition Act of 2008 (as added by subsection (a)(3)); and

(2) establish procedures to ensure that the service--

(A) does not charge more for a food item than the price paid by the service for the food item;

(B) offers food delivery service at no or low cost to households under that Act;

(C) ensures that benefits provided under the supplemental nutrition assistance program are used only to purchase food, as defined in section 3 of that Act (7 U.S.C. 2012);

(D) limits the purchase of food, and the delivery of the food, to households eligible to receive services described in section 3(p)(5) of that Act (as added by subsection (a)(3));

(E) has established adequate safeguards against fraudulent activities, including unauthorized use of electronic benefit cards issued under that Act; and

(F) such other requirements as the Secretary considers appropriate.

(c) Limitation.--Before the issuance of regulations under subsection (b), the Secretary may not approve more than 20 food purchasing and delivery services described in section 3(p)(5) of the Food and Nutrition Act of 2008 (as added by subsection (a)(3)) to participate as retail food stores under the supplemental nutrition assistance program.

(d) Effective Date.--This section and the amendments made by this section take effect on the date that is 30 days after the date of the enactment of this Act.

______

SA 993. Mr. ROCKEFELLER (for himself, Mr. Tester, and Mr. Johnson of South Dakota) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 12___. UNLAWFUL RETALIATION.

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

``SEC. 211. UNLAWFUL RETALIATION.

``(1) In general.--No packer, swine contractor, or live poultry dealer shall take retaliatory action in response to any lawful spoken or written expression, association, or action of a livestock producer, swine production contract grower, or poultry grower.

``(2) Types of lawful expression.--The lawful expression referred to in paragraph (1) shall include communication with officials of a Federal agency or Members of Congress.''.

(b) Definition of Retaliatory Action.--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) Retaliatory action.--The term `retaliatory action' means coercion, intimidation, or any other action carried out to achieve the disadvantage of any livestock producer, swine production contract grower, or poultry grower in the execution, termination, extension, or renewal of a contract involving livestock or poultry.''.

(1) in subsection (a), in the first sentence, by inserting

``, section 211,'' after ``section 207''; and

(2) in subsection (b), in the first sentence, by inserting

``, section 211,'' after ``section 207''.

______

SA 994. Mr. VITTER (for himself and Mr. Cornyn) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 122__. MINIMIZATION OF IMPACT OF ENDANGERED SPECIES

LISTINGS AND DESIGNATIONS ON AGRICULTURAL LAND.

Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following:

``(j) Minimization of Impact of Endangered Species Listings and Designations on Agricultural Land.--

``(1) In general.--Before any action is taken to list a species or designate critical habitat under this Act, the Secretary shall--

``(A) consult with the Secretary of Agriculture to identify all private agricultural land and land maintained by the Forest Service that could be adversely impacted by the listing or designation; and

``(B) prepare a report that describes the economic impacts of the listing or designation on land used for agricultural activities.

``(2) Economic analyses.--In conducting economic analyses on the impact of the listing of species, or designation of critical habitat, described in paragraph (1), the Secretary of Agriculture, in consultation with the Secretary of the Interior, shall--

``(A) conduct, and make available to the Secretary of the Interior and the public, separate economic analyses for--

``(i) private agricultural land; and

``(ii) land maintained by the Forest Service;

``(B) give landowners an opportunity for comment on the proposed listing or designation--

``(i) to obtain the input of the landowners; and

``(ii) to provide landowners the same opportunity to comment as other affected parties;

``(C) use sound and proven economic analysis tools in conducting the analyses, listing species, and designating habitat under this Act; and

``(D) make available on a public website--

``(i) a description of the total economic impact on agricultural land from all actual and potential listings and designations under this Act; and

``(ii) a map of all locations in the United States that are proposed for critical habitat designations.

``(3) Actual notice.--In listing species or designating habitat under this Act, the Secretary of the Interior shall, to the maximum extent practicable, provide actual notice to affected landowners and other parties.

``(4) Appeals.--Before a species is listed or habitat is designated under this Act, the Secretary of Agriculture shall make available to affected landowners and other parties a description of all options that are available to appeal or obtain compensation from the listing or designation

(including administrative and judicial options) against the Federal Government.

``(5) Trespassing on private property.--

``(A) In general.--If any person enters private land without the consent of the landowner to promote the purposes of this Act, any data obtained during or as a result of the trespass shall not be considered--

``(i) to be the best available science; or

``(ii) to meet the scientific quality standards issued under section 515 of the Treasury and General Government Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763A-153) (commonly referred to as the `Data Quality Act').

``(B) Aerial surveillance.--No science that is produced as a result of aerial surveillance of private land without the consent of the landowner shall be considered to meet the scientific quality standards described in subparagraph

(A)(ii).''.

______

SA 995. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. TAXPAYER NONDISCRIMINATION & PROTECTION ACT OF

2013.

(a) Short Title.--This section may be cited as the

``Taxpayer Nondiscrimination & Protection Act of 2013''.

(b) Misconduct Against Taxpayers by Internal Revenue Service Employees.--

(1) Criminal liability.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following:

``Sec. 250. Misconduct against taxpayers by Internal Revenue

Service employees

``Whoever being an employee of the Internal Revenue Service, knowingly engages, during the performance of that employee's official duties, in an act or omission described in section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998 shall be fined under this title or imprisoned not more than 5 years, or both.''.

(2) Clarification of acts and omission constituting misconduct.--

(A) Release of information and political views.--Section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended--

(i) in paragraph (9), by striking ``; and'' and inserting a semicolon;

(ii) in paragraph (10), by striking the period and inserting a semicolon;

(iii) by inserting at the end the following:

``(11) making decisions regarding enforcement actions or investigations, including decisions regarding their relative priority, based on factors related to political or social views, statements, or affiliations of a taxpayer; and

``(12) wilfully releasing confidential taxpayer information to members of the public.''.

(B) First amendment protections.--For purposes of section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998 and section 250 of title 18, United States Code

(as added by this section) the protections and guarantees afforded under the First Amendment of the Constitution of the United States to political speech and political expression shall not fail to be treated as rights under the Constitution of the United States referred to in section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998.

(3) Clerical amendment.--The table of sections for chapter 13 of title 18, United States Code, is amended by adding after the item relating to section 249 the following:

``250. Discriminatory misconduct against taxpayers by

Federal officers and employees.''.

______

SA 996. Mr. PRYOR (for himself and Mr. Wicker) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

In section 1203(b)--

(1) strike ``The Secretary'' and insert the following:

``(1) In general.--The Secretary''; and

(2) add at the end the following:

``(2) Permitted extensions.--The Secretary may extend the term of a marketing assistance loan (including the loan rate) for any loan commodity if--

``(A) at the time the marketing loan is due--

``(i) the loan commodity is stored in a county for which--

``(I) a natural disaster is declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); or

``(II) a major disaster or emergency is designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or

``(ii) the port used to ship the loan commodity is closed or restricted pursuant to a Coast Guard regulation;

``(B) the loan commodity is stored in the county described in subparagraph (A)(i);

``(C) the marketing loan is extended not more than 90 days;

``(D) the request for the extension is approved by the applicable State Director of the Farm Service Agency on an individual basis; and

``(E) the extension does not extend the term of the marketing assistance loan beyond July 31 of the applicable crop year.''.

______

SA 997. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1096, between lines 15 and 16, insert the following:

SEC. 110_. MARKET LOSS PILOT ENDORSEMENT PROGRAM.

Section 523 of the Federal Crop Insurance Act (7 U.S.C. 1523) is amended by adding at the end the following:

``(i) Market Loss Pilot Endorsement Program.--

``(1) In general.--To the extent practicable starting with the 2014 reinsurance year, notwithstanding subsection (a)(1) and the limitation on premium increases in section 508(i)(1), the Corporation shall establish and carry out a market loss pilot endorsement program for producers of specialty crops

(as defined in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108-465)).

``(2) Losses covered.--The endorsement authorized under this subsection shall cover losses of a defined commodity due to--

``(A) a quarantine imposed under Federal law, pursuant to the terms of which the commodity is destroyed, may not be marketed, or otherwise may not be used for its intended purpose (as determined by the Secretary); or

``(B) a decline in the market price in response to a naturally occurring or accidental outbreak of a pathogen (as determined by the Secretary).

``(3) Buy-up requirement.--An endorsement authorized under this subsection shall be purchased as part of a policy or plan of insurance at the additional coverage level.

``(4) Determination by board.--The Board shall approve a policy or plan of insurance proposed under paragraph (1) if, as determined by the Board, the policy or plan of insurance--

``(A) protects the interest of producers;

``(B) is actuarially sound; and

``(C) requires the payment of premiums and administrative fees by a producer obtaining the insurance.''.

______

SA 998. Mr. LEAHY submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; as follows:

Beginning on page 840, strike line 22 and all that follows through page 849, line 18, and insert the following:

``(3) Rural area.--The term `rural area' means any area described in section 3002 of the Consolidated Farm and Rural Development Act.

``(4) Ultra-high speed service.--The term `ultra-high speed service' means broadband service operating at a 1 gigabit per second downstream transmission capacity.'';

(3) in subsection (c)--

(A) in the subsection heading, by striking ``Loans and'' and inserting ``Grants, Loans, and'';

(B) in paragraph (1), by inserting ``make grants and'' after ``Secretary shall'';

``(2) Priority.--

``(A) In general.--In making grants, loans, or loan guarantees under paragraph (1), the Secretary shall--

``(i) establish not less than 2, and not more than 4, evaluation periods for each fiscal year to compare grant, loan, and loan guarantee applications and to prioritize grants, loans, and loan guarantees to all or part of rural communities that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection (e);

``(ii) give the highest priority to applicants that offer to provide broadband service to the greatest proportion of unserved rural households or rural households that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection (e), as--

``(I) certified by the affected community, city, county, or designee; or

``(II) demonstrated on--

``(aa) the broadband map of the affected State if the map contains address-level data; or

``(bb) the National Broadband Map if address-level data is unavailable; and

``(iii) provide equal consideration to all qualified applicants, including those that have not previously received grants, loans, or loan guarantees under paragraph (1).

``(B) Other.--After giving priority to the applicants described in subparagraph (A), the Secretary shall then give priority to projects that serve rural communities--

``(i) with a population of less than 20,000 permanent residents;

``(ii) experiencing outmigration;

``(iii) with a high percentage of low-income residents; and

``(iv) that are isolated from other significant population centers.''; and

(D) by adding at the end the following:

``(3) Grant amounts.--

``(A) Eligibility.--To be eligible for a grant under this section, the project that is the subject of the grant shall be carried out in a rural area.

``(B) Maximum.--Except as provided in subparagraph (D), the amount of any grant made under this section shall not exceed 50 percent of the development costs of the project for which the grant is provided.

``(C) Grant rate.--The Secretary shall establish the grant rate for each project in accordance with regulations issued by the Secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have--

``(i) remote locations;

``(ii) low community populations;

``(iii) low income levels;

``(iv) developed the applications of the communities with the participation of combinations of stakeholders, including--

``(I) State, local, and tribal governments;

``(II) nonprofit institutions;

``(III) institutions of higher education;

``(IV) private entities; and

``(V) philanthropic organizations; and

``(v) targeted funding to provide the minimum acceptable level of broadband service established under subsection (e) in all or part of an unserved community that is below that minimum acceptable level of broadband service.

``(D) Secretarial authority to adjust.--The Secretary may make grants of up to 75 percent of the development costs of the project for which the grant is provided to an eligible entity if the Secretary determines that the project serves a remote or low income area that does not have access to broadband service from any provider of broadband service

(including the applicant).'';

(4) in subsection (d)--

(A) in paragraph (1)(A)--

(i) in the matter preceding clause (i), by striking ``loan or'' and inserting ``grant, loan, or'';

(ii) by striking clause (i) and inserting the following:

``(i) demonstrate the ability--

``(I) to furnish, improve in order to meet the minimum acceptable level of broadband service established under subsection (e), or extend broadband service to all or part of an unserved rural area or an area below the minimum acceptable level of broadband service established under subsection (e); or

``(II) to carry out a project under paragraph

(4)(B)(ii);'';

(iii) in clause (ii), by striking ``a loan application'' and inserting ``an application''; and

(iv) in clause (iii)--

(I) by striking ``the loan application'' and inserting

``the application''; and

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

``assistance under this section is'';

(B) in paragraph (2)--

(i) in subparagraph (A)--

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

(aa) by striking ``the proceeds of a loan made or guaranteed'' and inserting ``assistance''; and

(bb) by striking ``for the loan or loan guarantee'' and inserting ``of the eligible entity'';

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

(III) in clause (ii), by striking ``3'' and inserting

``2'';

(ii) by striking subparagraph (B) and inserting the following:

``(B) Adjustments.--

``(i) Increase.--The Secretary may increase the household percentage requirement under subparagraph (A)(i) if--

``(I) more than 25 percent of the costs of the project are funded by grants made under this section; or

``(II) the proposed service territory includes 1 or more communities with a population in excess of 20,000.

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

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

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

(iii) in subparagraph (C)--

(I) in the subparagraph heading, by striking ``3'' and inserting ``2'';

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

(III) by striking clause (ii) and inserting the following:

``(ii) Exceptions.--Clause (i) shall not apply if--

``(I) the applicant is eligible for funding under another title of this Act; or

``(II) the project is being carried out under paragraph

(4)(B)(ii), unless an incumbent service provider is providing ultra-high speed service as of the date of an application for assistance submitted to the Secretary under this section.'';

(i) in subparagraph (A), by striking ``loan or'' and inserting ``grant, loan, or''; and

(ii) in subparagraph (B), by adding at the end the following:

``(iii) Information.--Information submitted under this subparagraph shall be--

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

``(II) demonstrated on--

``(aa) the broadband map of the affected State if the map contains address-level data; or

``(bb) the National Broadband Map if address-level data is unavailable.'';

(D) in paragraph (4)--

(i) by striking ``Subject to paragraph (1),'' and inserting the following:

``(A) In general.--Subject to paragraph (1) and subparagraph (B),'';

(ii) by striking ``loan or'' and inserting ``grant, loan, or''; and

(iii) by adding at the end the following:

``(B) Pilot programs.--The Secretary shall establish pilot programs under which the Secretary may, at the discretion of the Secretary, provide grants, loans, or loan guarantees under this section to eligible entities, including interested entities described in subparagraph (A)--

``(i) to address areas that are unserved or have service levels below the minimum acceptable level of broadband service established under subsection (e); or

``(ii) for the purposes of providing a proposed service territory with ultra-high speed service, subject to the conditions that--

``(I) not more than 5 projects, and not more than 1 project in any State, shall be carried out under this clause during the period beginning on the date of enactment of this Act and ending on September 30, 2018;

``(II) for each fiscal year, not more than 10 percent of the funds made available under subsection (l) shall be used to carry out this clause;

``(III) for each fiscal year, not more than 20 percent of the funds made available under subclause (II) shall be used for any 1 project; and

``(IV) paragraph (2)(A)(i) shall apply to the project, unless--

``(aa) the Secretary determines that no other project in the State is funded under this section; and

``(bb) no application for any other project that could be funded under this section, other than under this clause, is pending in the State.'';

______

SA 999. Mr. COBURN (for himself, Mr. Durbin, and Mr. McCain) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1101, between lines 5 and 6, insert the following:

SEC. 11___. LIMITATION ON PREMIUM SUBSIDY BASED ON AVERAGE

ADJUSTED GROSS INCOME.

Section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)) (as amended by section 11030(b)) is amended by adding at the end the following:

``(9) Limitation on premium subsidy based on average adjusted gross income.--

``(A) Definition of average adjusted gross income.--In this paragraph, the term `average adjusted gross income' has the meaning given the term in section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(a)).

``(B) Limitation.--Notwithstanding any other provision of this subtitle and beginning with the 2014 reinsurance year, in the case of any producer that is a person or legal entity that has an average adjusted gross income in excess of

$750,000 based on the most recent data available from the Farm Service Agency as of the beginning of the reinsurance year, the total amount of premium subsidy provided with respect to additional coverage under subsection (c), section 508B, or section 508C issued on behalf of the producer for a reinsurance year shall be 15 percentage points less than the premium subsidy provided in accordance with this subsection that would otherwise be available for the applicable policy, plan of insurance, and coverage level selected by the producer.

``(C) Application.--

``(i) Study.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Government Accountability Office, shall carry out a study to determine the effects of the limitation described in subparagraph (B) on--

``(I) the overall operations of the Federal crop insurance program;

``(II) the number of producers participating in the Federal crop insurance program;

``(III) the level of coverage purchased by participating producers;

``(IV) the amount of premiums paid by participating producers and the Federal Government;

``(V) any potential liability for participating producers, approved insurance providers, and the Federal Government;

``(VI) different crops or growing regions;

``(VII) program rating structures;

``(VIII) creation of schemes or devices to evade the impact of the limitation; and

``(IX) administrative and operating expenses paid to approved insurance providers and underwriting gains and loss for the Federal government and approved insurance providers.

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

``(I) significantly increase the premium amount paid by producers with an average adjusted gross income of less than

$750,000;

``(II) result in a decline in the crop insurance coverage available to producers; and

``(III) increase the total cost of the Federal crop insurance program.''.

______

SA 1000. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 380, between lines 15 and 16, insert the following:

SEC. 40__. DEMONSTRATION PROJECTS TO PROHIBIT PURCHASES OF

JUNK FOOD.

Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) (as amended by section 4001(b)) is amended by adding at the end the following:

``(m) Demonstration Project to Restrict Eligible Items.--

``(1) In general.--A State may carry out a demonstration project to plan, design, develop, and implement a program in the State to eliminate purchases of junk food and other unhealthful items by redefining items that qualify as `food' under section 3(k) if the Secretary approves a waiver request submitted by the State in accordance with paragraph (2).

``(2) Approval of waiver.--The Secretary shall approve any waiver to carry out a program under paragraph (1) if the Secretary determines that the waiver request submitted by the State includes--

``(A) a standard based on nutritional content for redefining items for eligibility under section 3(k) that--

``(i) is determined by the State to be clear, practical, and consistent in excluding certain items from eligibility as a food under section 3(k); and

``(ii) does not--

``(I) expand the number of items otherwise eligible under section 3(k); or

``(II) classify alcoholic beverages, tobacco, and hot foods or hot food products ready for immediate consumption as eligible under section 3(k);

``(B) a description of the cost of implementing the demonstration project in the State;

``(C) a description of the number of households participating in the program to be affected by the demonstration project;

``(D) a procedure for disseminating product eligibility information periodically to retailers;

``(E) a procedure to monitor and evaluate program operations, including impact on small businesses; and

``(F) a statement that the demonstration project does not intend to reduce the eligibility for, or amount of, benefits available under this Act.

``(3) Evaluation.--Not later than 5 years after the date on which a demonstration is initiated under this subsection, the State shall submit to the Secretary a report that describes the effect of the demonstration project on--

``(A) the costs and benefits under the supplemental nutrition assistance program in the State; and

``(B) the access of individuals receiving benefits under the supplemental nutrition assistance program in the State to nutritious food.

``(4) Treatment.--A demonstration project under this subsection shall be considered to be a permissible project to test innovative welfare reform strategies under subsection

(b)(1)(B)(ii)(III).''.

______

SA 1001. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 351, strike lines 11 and 12 and insert the following:

Subtitle A--Food Stamp Program

SEC. 4001. REPEAL OF RENAMING OF THE FOOD STAMP ACT OF 1977

AND THE FOOD STAMP PROGRAM.

(a) In General.--Effective June 18, 2008, sections 4001 and 4002 of the Food, Conservation, and Energy Act of 2008

(Public Law 110-246; 122 Stat. 1853) and the amendments made by those sections are repealed.

(b) Application.--The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) shall be applied and administered as if sections 4001 and 4002 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1853) and the amendments made by those sections had not been enacted.

In title IV--

(1) strike ``Food and Nutrition Act of 2008'' each place it appears and insert ``Food Stamp Act of 1977''; and

(2) strike ``supplemental nutrition assistance program'' each place it appears and insert ``food stamp program''.

______

SA 1002. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 380, between lines 19 and 20, insert the following:

SEC. 4014. PROMOTION AND ENROLLMENT.

Section 18 of the Food and Nutrition Act of 2008 (7 U.S.C. 2027) (as amended by section 4013) is amended by adding at the end the following:

``(g) Limitations on Use Relating to Promotion and Enrollment.--

``(1) In general.--Subject to paragraph (2), not more than 1 percent of the amounts made available to carry out this Act shall be used to promote increased participation and enrollment in the supplemental nutrition assistance program.

``(2) Prohibition on use for certain activities.--None of the amounts made available to carry out this Act shall be used for--

``(A) radio and television soap operas;

``(B) social events and parties, including bingo games; and

``(C) giveaways of toys, gift bags, pet toys, and animal food.''.

______

SA 1003. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SEC. 122__. PROHIBITION ON FEDERAL FINANCIAL ASSISTANCE BY

PERSONS HAVING SERIOUSLY DELINQUENT TAX DEBTS.

(a) Definition of Seriously Delinquent Tax Debt.--In this section:

(1) In general.--The term ``seriously delinquent tax debt'' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of that Code.

(2) Exclusions.--The term ``seriously delinquent tax debt'' does not include--

(A) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or 7122 of Internal Revenue Code of 1986; and

(B) a debt with respect to which a collection due process hearing under section 6330 of that Code, or relief under subsection (a), (b), or (f) of section 6015 of that Code, is requested or pending.

(b) Prohibition.--Notwithstanding any other provision of this Act or an amendment made by this Act and subject to subsection (c), an individual or entity who has a seriously delinquent tax debt shall be ineligible to receive financial assistance (including any payment, loan, grant, contract, or subsidy) under this Act or an amendment made by this Act during the pendency of such seriously delinquent tax debt.

(c) Limitation.--Subsection (b) shall not apply to any benefits or assistance provided under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).

(d) Regulations.--The Secretary of Agriculture, in conjunction with the Secretary of the Treasury, shall issue such regulations as the Secretary considers necessary to carry out this section.

______

SA 1004. Mr. COBURN (for himself and Mr. McCain) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 168, strike line 9 and insert the following:

(b) 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 1005. Mr. COBURN (for himself and Mr. McCain) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 421, between lines 3 and 4, insert the following:

SEC. 42__. EVALUATION AND CONSOLIDATION OF DUPLICATIVE

NUTRITION PROGRAMS.

(a) Evaluation.--

(1) In general.--Not later than June 1, 2014, the Secretary, the Assistant Secretary for Aging, and the Administrator of the Federal Emergency Management Agency, as appropriate, shall submit to Congress and post on the public Internet website of the Department a report on the outcomes of the following programs:

(A) The child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766).

(B) The community food projects competitive grant program established under section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034).

(C) The Emergency Food and Shelter Program under title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.).

(D) The grants to American Indian, Alaska Native, and Native Hawaiian organizations for nutrition and supportive services program carried out under title VI of the Older Americans Act of 1965 (42 U.S.C. 3057 et seq.).

(E) The food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)).

(F) The fresh fruit and vegetable program established under section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a).

(G) The seniors farmers' market nutrition program established under section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007).

(H) The summer food service program for children established under section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761).

(I) The emergency food assistance program established under the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.).

(J) The farmers' market nutrition program established under section 17(m) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)).

(2) Requirements.--

(A) Definitions.--In this paragraph:

(i) Administrative expenses.--

(I) In general.--Except as provided in subclause (II), the term ``administrative expenses'' has the meaning given the term by the Director of the Office of Management and Budget under section 504(b)(2) of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (31 U.S.C. 1105 note; Public Law 111-85).

(II) Inclusions.--The term ``administrative expenses'' include, with respect to an agency--

(aa) costs incurred by the agency and costs incurred by grantees, subgrantees, and other recipients of funds from a grant program or other program administered by the agency; and

(bb) expenses related to personnel salaries and benefits, property management, travel, program management, promotion, reviews and audits, case management, and communication about, promotion of, and outreach for programs and program activities administered by the agency.

(ii) Services.--

(I) In general.--Subject to subclause (II), the term

``services'' has the meaning provided by the Director of the Office of Management and Budget.

(II) Limitation.--The term ``services'' shall be limited to activities, assistance, and aid that provide a direct benefit to a recipient, such as the provision of medical care, assistance for housing or tuition, or financial support

(including grants and loans).

(B) Requirements.--In evaluating the outcomes of programs for the report under paragraph (1), the Secretary, the Assistant Secretary for Aging, and the Administrator of the Federal Emergency Management Agency shall, for each applicable program that is a subject of the report--

(i) determine the total administrative expenses of the program;

(ii) determine the expenditures for services for the program;

(iii) estimate the number of clients served by the program and beneficiaries who received assistance under the program

(if applicable); and

(iv) estimate--

(I) the number of full-time employees who administer the program; and

(II) the number of full-time equivalents (whose salary is paid in part or full by the Federal Government through a grant or contract, a subaward of a grant or contract, a cooperative agreement, or another form of financial award or assistance) who assist in administering the program.

(b) Eliminations and Consolidations.--

(1) Commodity supplemental food program.--

(A) Repeal.--Notwithstanding the amendments made by section 4012, section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is repealed.

(B) Use of savings.--Amounts saved as a result of the repeal made by subparagraph (A) shall be made available, without further appropriation, to the Secretary to carry out the food assistance activities of other programs of the Department of Agriculture that the Comptroller General of the United States identified as having positive outcomes related to the goals of the programs in the report entitled

``Domestic Food Assistance: Complex System Benefits Millions, but Additional Efforts Could Address Potential Inefficiency and Overlap among Smaller Programs (GAO-10-346)'' and dated April 2010.

(2) Seniors farmers' market nutrition program.--

(A) Repeal.--Notwithstanding the amendment made by section 4202, section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) is repealed.

(B) Incomplete and ongoing projects.--The Secretary shall continue to carry out any incomplete or ongoing projects previously carried out under the section repealed by subparagraph (A) through the farmers' market nutrition program established under section 17(m) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)).

(C) Use of savings.--Amounts saved as a result of the repeal made by subparagraph (A) shall be made available, without further appropriation, to the Secretary to carry out the food assistance activities of other programs of the Department of Agriculture that the Comptroller General of the United States identified as having positive outcomes related to the goals of the programs in the report entitled

``Domestic Food Assistance: Complex System Benefits Millions, but Additional Efforts Could Address Potential Inefficiency and Overlap among Smaller Programs (GAO-10-346)'' and dated April 2010.

(3) Elimination of duplicative functions.--

(A) In general.--The Secretary, in coordination with the Secretary of Health and Human Services, using the administrative authorities of the Secretaries, shall eliminate, consolidate, and streamline any overlapping or duplicative functions of the Secretaries in carrying out--

(i) section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b));

(ii) title VI of the Older Americans Act of 1965 (42 U.S.C. 3057 et seq.); and

(iii) section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a).

(B) Reports.--The Secretary and the Secretary of Health and Human Services shall submit to Congress a report describing any legislative changes required to carry out subparagraph

(A).

(4) Requirements.--In carrying out this section, the Secretary shall ensure that--

(A) in repealing and consolidating programs, the eligibility, benefits, and services to existing clients are not interrupted or reduced; and

(B) in consolidating programs and making recommendations for further consolidations and eliminations, priority is given to continuing programs with the best outcomes that serve the most clients with the least amount of administrative costs.

(5) Recommendations for legislative changes.--Not later than 150 days after the date of enactment of this Act, the Secretaries of Agriculture, Health and Human Services, and Homeland Security shall submit to Congress a report that identifies any legislative changes that 1 or more of the Secretaries determine to be necessary to further eliminate, consolidate, or streamline duplicative and overlapping functions identified in--

(A) the report of the Government Accountability Office entitled ``Opportunities to Reduce Government Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue

(GAO 11 318SP)'' and dated March 2011;

(B) the testimony of the Government Accountability Office before the Subcommittee on Primary Health Aging, Senate Committee on Health, Education Labor, and Pensions entitled

``Nutrition Assistance: Additional Efficiencies Could Improve Services to Older Adults (GAO-11-782T)'' and dated June 2011; and

(C) the report of the Government Accountability Office entitled ``Domestic Food Assistance: Complex System Benefits Millions, but Additional Efforts Could Address Potential Inefficiency and Overlap among Smaller Programs (GAO-10-346)'' and dated April 2010.

______

SA 1006. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1037, strike lines 8 through 17 and insert the following:administrative expenses.

``(3) Requirements.--Not less than 80 percent of the amount made available for a fiscal year to carry out this section shall be used--

``(A) to increase access, availability and affordability of specialty crops for children, youth, families and others at risk, including specialty crops for meals served in schools and food banks;

``(B) to ensure or promote food safety;

``(C) to protect specialty crops from plant pests and disease; and

``(D) to produce specialty crops.

``(4) Prohibitions.--None of the funds made available under this section may used--

``(A) to produce, purchase, promote, or market junk food or candy, including potato chips and chocolate;

``(B) to sponsor field days at, or attend, amusement parks or festivals;

``(C) to support pageants or tours by pageant winners; or

``(D) to promote, produce, or otherwise support crops that are ornamental in nature.''; and

(5) in subsection (l) (as redesignated by paragraph (3))--

(A) in paragraph (2), by striking ``and'' at the end;

(B) in paragraph (3), by striking the period at the end and inserting ``; and''; and

``(4) $55,000,000 for fiscal year 2014 and each fiscal year thereafter.''.

______

SA 1007. Mr. COBURN (for himself and Mr. McCain) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 332, strike lines 6 through 9, 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 2018'' 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) animal spa products;

``(B) reality television shows;

``(C) cat or dog food or other pet food;

``(D) wine tastings, beer festivals or beer award contests, beer tasting or beer school seminars, and tastings or seminars for alcohol of any kind (including whiskeys and distilled spirits); and

``(E) cheese award shows and contests.

``(4) Travel-related expenses.--The Secretary shall annually disclose to Congress, and post on a public website, a description of all travel-related expenses incurred to carry out this subsection, including--

``(A) the purpose of the expenses;

``(B) the total costs incurred for travel-related activities for each fiscal year;

``(C) the number of participants and the affiliations of the participants; and

``(D) the destination and itinerary of each trip made to carry out this subsection.''.

______

SA 1008. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

Strike section 6104 and insert the following:

SEC. 6104. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN

RURAL AREAS.

Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended--

(1) in subsection (a), by striking ``loans and'' and inserting ``grants, loans, and'';

(2) in subsection (b), by striking paragraph (3) and inserting the following:

``(3) Rural area.--The term `rural area' means any area described in section 3002 of the Consolidated Farm and Rural Development Act that does not have access to broadband service from any provider of broadband service.'';

(3) in subsection (c)--

(A) in the subsection heading, by striking ``Loans and'' and inserting ``Grants, Loans, and'';

(B) in paragraph (1), by inserting ``make grants and'' after ``Secretary shall'';

``(2) Priority.--

``(A) In general.--In making grants, loans, or loan guarantees under paragraph (1), the Secretary shall--

``(i) establish not less than 2, and not more than 4, evaluation periods for each fiscal year to compare grant, loan, and loan guarantee applications;

``(I) certified by the affected community, city, county, or designee; or

``(II) demonstrated on--

``(aa) the broadband map of the affected State if the map contains address-level data; or

``(bb) the National Broadband Map if address-level data is unavailable; and

``(iii) provide equal consideration to all qualified applicants, including those that have not previously received grants, loans, or loan guarantees under paragraph (1).

``(B) Other.--After giving priority to the applicants described in subparagraph (A), the Secretary shall then give priority to projects that serve rural communities--

``(i) with a population of less than 20,000 permanent residents;

``(ii) experiencing outmigration;

``(iii) with a high percentage of low-income residents; and

``(iv) that are isolated from other significant population centers.''; and

(D) by adding at the end the following:

``(3) Grant amounts.--

``(A) Eligibility.--To be eligible for a grant under this section, the project that is the subject of the grant shall be carried out in a rural area.

``(i) remote locations;

``(ii) low community populations;

``(iii) low income levels;

``(iv) developed the applications of the communities with the participation of combinations of stakeholders, including--

``(I) State, local, and tribal governments;

``(II) nonprofit institutions;

``(III) institutions of higher education;

``(IV) private entities; and

``(V) philanthropic organizations; and

``(v) targeted funding to provide broadband service in all or part of an unserved community that does not have residential broadband service.

(including the applicant).'';

(4) in subsection (d)--

(A) in paragraph (1)(A)--

(i) in the matter preceding clause (i), by striking ``loan or'' and inserting ``grant, loan, or'';

(ii) by striking clause (i) and inserting the following:

``(i) demonstrate the ability to furnish or extend broadband service to all or part of an unserved rural area that does not have residential broadband service;'';

(iii) in clause (ii), by striking ``a loan application'' and inserting ``an application''; and

(iv) in clause (iii)--

(I) by striking ``the loan application'' and inserting

``the application''; and

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

``assistance under this section is'';

(B) in paragraph (2)--

(i) in subparagraph (A)--

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

(aa) by striking ``the proceeds of a loan made or guaranteed'' and inserting ``assistance''; and

(bb) by striking ``for the loan or loan guarantee'' and inserting ``of the eligible entity''; and

(II) in clause (ii), by striking ``3'' and inserting ``2'';

(ii) by striking subparagraph (B) and inserting the following:

``(B) Adjustments.--

``(i) Increase.--The Secretary may increase the household percentage requirement under subparagraph (A)(i) if--

``(I) more than 25 percent of the costs of the project are funded by grants made under this section; or

``(II) the proposed service territory includes 1 or more communities with a population in excess of 20,000.

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

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

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

(iii) in subparagraph (C), in the subparagraph heading, by striking ``3'' and inserting ``2''; and

(i) in subparagraph (A), by striking ``loan or'' and inserting ``grant, loan, or''; and

(ii) in subparagraph (B), by adding at the end the following:

``(iii) Information.--Information submitted under this subparagraph shall be--

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

``(II) demonstrated on--

``(aa) the broadband map of the affected State if the map contains address-level data; or

``(bb) the National Broadband Map if address-level data is unavailable.'';

(D) in paragraph (4)--

(i) by striking ``Subject to paragraph (1),'' and inserting the following:

``(A) In general.--Subject to paragraph (1) and subparagraph (B),'';

(ii) by striking ``loan or'' and inserting ``grant, loan, or''; and

(iii) by adding at the end the following:

``(B) Pilot programs.--The Secretary may carry out pilot programs in conjunction with interested entities described in subparagraph (A) (which may be in partnership with other entities, as determined appropriate by the Secretary) to address areas that do not have residential broadband service'';

(E) in paragraph (5)--

(i) in the matter preceding subparagraph (A), by striking

``loan or'' and inserting ``grant, loan, or''; and

(ii) in subparagraph (C), by inserting ``, and proportion relative to the service territory,'' after ``estimated number'';

(F) in paragraph (6), by striking ``loan or'' and inserting

``grant, loan, or'';

(G) in paragraph (7), by striking ``a loan application'' and inserting ``an application''; and

(H) by adding at the end the following:

``(8) Transparency and reporting.--The Secretary--

``(A) shall require any entity receiving assistance under this section to submit quarterly, in a format specified by the Secretary, a report that describes--

``(i) the use by the entity of the assistance, including new equipment and capacity enhancements that support high-speed broadband access for educational institutions, health care providers, and public safety service providers

(including the estimated number of end users who are currently using or forecasted to use the new or upgraded infrastructure); and

``(ii) the progress towards fulfilling the objectives for which the assistance was granted, including--

``(I) the number and location of residences and businesses that will receive new broadband service, existing network service improvements, and facility upgrades resulting from the Federal assistance;

``(II) the speed of broadband service;

``(III) the price of broadband service;

``(IV) any changes in broadband service adoption rates, including new subscribers generated from demand-side projects; and

``(V) any other metrics the Secretary determines to be appropriate;

``(B) shall maintain a fully searchable database, accessible on the Internet at no cost to the public, that contains, at a minimum--

``(i) a list of each entity that has applied for assistance under this section;

``(ii) a description of each application, including the status of each application;

``(iii) for each entity receiving assistance under this section--

``(I) the name of the entity;

``(II) the type of assistance being received;

``(III) the purpose for which the entity is receiving the assistance; and

``(IV) each quarterly report submitted under subparagraph

(A); and

``(iv) such other information as is sufficient to allow the public to understand and monitor assistance provided under this section;

``(C) shall, in addition to other authority under applicable law, establish written procedures for all broadband programs administered by the Secretary that, to the maximum extent practicable--

``(i) recover funds from loan defaults;

``(ii)(I) deobligate awards to grantees that demonstrate an insufficient level of performance (including failure to meet build-out requirements, service quality issues, or other metrics determined by the Secretary) or wasteful or fraudulent spending; and

``(II) award those funds, on a competitive basis, to new or existing applicants consistent with this section; and

``(iii) consolidate and minimize overlap among the programs;

``(D) with respect to an application for assistance under this section, shall--

``(i) promptly post on the website of the Rural Utility Service--

``(I) an announcement that identifies--

``(aa) each applicant;

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

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

``(ii) provide not less than 15 days for broadband service providers to voluntarily submit information about the broadband services that the providers offer in the groups or tracts listed under clause (i)(II) so that the Secretary may assess whether the applications submitted meet the eligibility requirements under this section; and

``(iii) if no broadband service provider submits information under clause (ii), consider the number of providers in the group or tract to be established by reference to--

``(I) the most current National Broadband Map of the National Telecommunications and Information Administration; or

``(II) any other data regarding the availability of broadband service that the Secretary may collect or obtain through reasonable efforts; and

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

(5) in subsection (f), by striking ``make a loan or loan guarantee'' and inserting ``provide assistance'';

(6) in subsection (g), by striking paragraph (2) and inserting the following:

``(2) Terms.--In determining the term and conditions of a loan or loan guarantee, the Secretary may--

``(A) consider whether the recipient would be serving an area that is unserved; and

``(B) if the Secretary makes a determination in the affirmative under subparagraph (A), establish a limited initial deferral period or comparable terms necessary to achieve the financial feasibility and long-term sustainability of the project.'';

(7) in subsection (j)--

(A) in the matter preceding paragraph (1), by striking

``loan and loan guarantee'';

(B) in paragraph (1)--

(i) by inserting ``grants and'' after ``number of''; and

(ii) by inserting ``, including any loan terms or conditions for which the Secretary provided additional assistance to unserved areas'' before the semicolon at the end;

(i) in subparagraph (A), by striking ``loan''; and

(ii) in subparagraph (B), by striking ``loans and'' and inserting ``grants, loans, and'';

(D) in paragraph (3), by striking ``loan'';

(E) in paragraph (5), by striking ``and'' at the end;

(F) in paragraph (6), by striking the period at the end and inserting ``; and''; and

(G) by adding at the end the following:

``(7) the overall progress towards fulfilling the goal of improving the quality of rural life by expanding rural broadband access, as demonstrated by metrics, including--

``(A) the number of residences and businesses receiving new broadband services;

``(B) network improvements, including facility upgrades and equipment purchases;

``(C) average broadband speeds and prices on a local and statewide basis;

``(D) any changes in broadband adoption rates; and

``(E) any specific activities that increased high speed broadband access for educational institutions, health care providers. and public safety service providers.''; and

(8) by redesignating subsections (k) and (l) as subsections

(l) and (m), respectively;

(9) by inserting after subsection (j) the following:

``(k) Broadband Buildout Data.--

``(1) In general.--As a condition of receiving a grant, loan, or loan guarantee under this section, a recipient of assistance shall provide to the Secretary address-level broadband buildout data that indicates the location of new broadband service that is being provided or upgraded within the service territory supported by the grant, loan, or loan guarantee--

``(A) for purposes of inclusion in the semiannual updates to the National Broadband Map that is managed by the National Telecommunications and Information Administration (referred to in this subsection as the `Administration'); and

``(B) not later than 30 days after the earlier of--

``(i) the date of completion of any project milestone established by the Secretary; or

``(ii) the date of completion of the project.

``(2) Address-level data.--Effective beginning on the date the Administration receives data described in paragraph (1), the Administration shall use only address-level broadband buildout data for the National Broadband Map.

``(3) Corrections.--

``(A) In general.--The Secretary shall submit to the Administration any correction to the National Broadband Map that is based on the actual level of broadband coverage within the rural area, including any requests for a correction from an elected or economic development official.

``(B) Incorporation.--Not later than 30 days after the date on which the Administration receives a correction submitted under subparagraph (A), the Administration shall incorporate the correction into the National Broadband Map.

``(C) Use.--If the Secretary has submitted a correction to the Administration under subparagraph (A), but the National Broadband Map has not been updated to reflect the correct by the date on which the Secretary is making a grant or loan award decision under this section, the Secretary may use the correction submitted under that subparagraph for purposes of make the grant or loan award decision.'';

(10) subsection (l) (as redesignated by paragraph (8))--

(A) in paragraph (1)--

(i) by striking ``$25,000,000'' and inserting

``$50,000,000''; and

(ii) by striking ``2012'' and inserting ``2018''; and

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

(i) in clause (i), by striking ``and'' at the end;

(ii) in clause (ii), by striking the period at the end and inserting ``; and''; and

(iii) by adding at the end the following:

``(iii) set aside at least 1 percent to be used for--

``(I) conducting oversight under this section; and

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

(11) in subsection (m) (as redesignated by paragraph (8))--

(A) by striking ``loan or'' and inserting ``grant, loan, or''; and

(B) by striking ``2012'' and inserting ``2018''.

______

SA 1009. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 374, between lines 14 and 15, insert the following: SEC. 4008. PROHIBITION ON CERTAIN USES OF EBT CARDS.

Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) (as amended by sections 4007(a) and 4018(e)) is amended by adding at the end the following:

``(15) Restriction on use to obtain cash benefits.--An electronic benefit transfer card shall not be used to obtain cash benefits, including through an automated teller machine or through a cashback procedure at a cash register.''.

______

SA 1010. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITING REPLACEMENT OF ICD-9 WITH ICD-10 IN

IMPLEMENTING HIPAA CODE SET STANDARDS.

(a) In General.--The Secretary of Health and Human Services may not implement, administer, or enforce the regulations issued on January 16, 2009 (74 Federal Register 3328), the regulation issued on September 5, 2012 (77 Federal Register 54664), or any similar regulation, insofar as any such regulation provides for the replacement of ICD-9 with ICD-10 as a standard for code sets under section 1173(c) of the Social Security Act (42 U.S.C. 1320d-2(c)) and section 162.1002 of title 45, Code of Federal Regulations.

(b) GAO Report on ICD-9 Replacement.--

(1) Study.--The Comptroller General of the United States, in consultation with stakeholders in the medical community, shall conduct a study to identify steps that can be taken to mitigate the disruption on health care providers resulting from a replacement of ICD-9 as such a standard.

(2) Report.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to each House of Congress a report on such study. Such report shall include such recommendations respecting such replacement and such legislative and administrative steps as may be appropriate to mitigate the disruption resulting from such replacement as the Comptroller General determines appropriate.

______

SA 1011. Mr. GRASSLEY (for himself and Mr. Donnelly) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1125, after line 23, insert the following:

SEC. 12108. LIVESTOCK INFORMATION DISCLOSURE.

(a) Findings.--Congress finds that--

(1) United States livestock producers supply a vital link in the food supply of the United States, which is listed as a critical infrastructure by the Secretary of Homeland Security;

(2) domestic terrorist attacks have occurred at livestock operations across the United States, endangering the lives and property of people of the United States;

(3) livestock operations in the United States are largely family owned and operated with most families living at the same location as the livestock operation;

(4) State governments and agencies are the primary authority in almost all States for the protection of water quality under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(5) State agencies maintain records on livestock operations and have the authority to address water quality issues where needed; and

(6) there is no discernible environmental or scientifically research-related need to create a database or other system of records of livestock operations in the United States by the Administrator.

(b) Definitions.--In this section:

(1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency.

(2) Agency.--The term ``Agency'' means the Environmental Protection Agency.

(3) Livestock operation.--The term ``livestock operation'' includes any operation involved in the raising or finishing of livestock and poultry.

(1) Prohibition.--

(i) names;

(ii) telephone numbers;

(iii) email addresses;

(iv) physical addresses;

(v) Global Positioning System coordinates; or

(vi) other identifying information regarding the location of the owner, operator, or employee.

(2) Effect.--Nothing in paragraph (1) affects--

(A) the disclosure of information described in paragraph

(1) if--

(ii) the livestock producer consents to the disclosure;

(B) the authority of any State agency to collect information on livestock operations; or

______

SA 1012. Mr. FLAKE (for himself and Mrs. McCaskill) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1065, strike lines 1 through 25.

______

SA 1013. Mr. FLAKE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1101, between lines 5 and 6, insert the following:

SEC. 110__. PROHIBITION ON PREMIUM SUBSIDY FOR HARVEST PRICE

POLICIES.

Section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)) (as amended by section 11030(b)(2)) is amended by adding at the end the following:

``(9) Prohibition on premium subsidy for harvest price policies.--Notwithstanding any other provision of law and beginning with the 2014 reinsurance year, the Corporation may not pay any amount of premium subsidy in the case of a policy or plan of insurance that is based on the actual market price of an agricultural commodity at the time of harvest.''.

______

SA 1014. Mr. FLAKE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1111, after line 20, add the following:

SEC. 110__. CROP INSURANCE SUBSIDY REDUCTION.

(a) Reduction in Share of Crop Insurance Premium Paid by Federal Crop Insurance Corporation.--Section 508(e)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is amended--

(1) in subparagraph (B)(i), by striking ``67'' and inserting ``55'';

(2) in subparagraph (E)(i), by striking ``55'' and inserting ``24'';

(3) in subparagraph (F)(i), by striking ``48'' and inserting ``17'';

(4) in subparagraph (G)(i), by striking ``38'' and inserting ``13'';

(5) by redesignating subparagraphs (C) through (G) as subparagraphs (G) through (K), respectively; and

(6) by inserting after subparagraph (B) the following:

``(C) In the case of additional coverage equal to or greater than 55 percent, but less than 60 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of--

``(i) 46 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

``(ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.

``(D) In the case of additional coverage equal to or greater than 60 percent, but less than 65 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of--

``(i) 38 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

``(ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.

``(E) In the case of additional coverage equal to or greater than 65 percent, but less than 70 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of--

``(i) 42 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

``(ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.

``(F) In the case of additional coverage equal to or greater than 70 percent, but less than 75 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of--

``(i) 32 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and

``(ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.''.

(b) Budgetary Effects.--The budgetary effects of this section, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this section, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

______

SA 1015. Mr. FLAKE (for himself, Mr. Risch, Ms. Collins, Mr. Chambliss, and Mr. Isakson) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XII, insert the following:

SEC. 12213. PROHIBITION OF IDEOLOGY-BASED TARGETING.

(a) In General.--The Internal Revenue Service is prohibited, within the exercise of its regulatory authority under the Internal Revenue Code of 1986 to review applications for exemption from taxation under section 501(a) of such Code, from developing or using any methodology that applies disproportionate scrutiny to any applicant based on the ideology expressed in the name or purpose of the organization.

(b) Report to Congress.--

(1) In general.--Subparagraph (A) of section 7803(d)(2) of the Internal Revenue Code of 1986 is amended--

(A) by redesignating clauses (ii), (iii), and (iv) as clauses (iii), (iv), and (v), respectively, and

(B) by inserting after clause (i) the following new clause:

``(ii) the number of complaints during the period that allege disproportionate scrutiny in the process of applying for exempt status under section 501(a) based on the ideology of the applicants;''.

(2) Evaluation of complaints.--Paragraph (2) of section 7803(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

``(C) In the case of a complaint or allegation described in subparagraph (A)(ii), the report shall provide an evaluation of the source and the circumstances of such complaints, including a timeline of events, identification of any Internal Revenue Service employees involved in the case, and a determination of whether such scrutiny was related to the exercise of permitted political activities (as determined under subsection (c)(3) or (h), whichever is applicable, of section 501) by an applicant or exempt organization.''.

(3) Conforming amendment.--Subparagraph (B) of section 7803(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``Clauses (iii) and (iv)'' and inserting ``Clauses

(iv) and (v)''.

(4) Effective date.--The amendments made by this subsection shall apply to reports submitted after the date which is 6 months after the date of the enactment of this Act.

______

SA 1016. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

Strike section 9009 and insert the following:

SEC. 9009. BIOMASS CROP ASSISTANCE PROGRAM.

Section 9011 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111) is repealed.

______

SA 1017. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; 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. 2002. 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 1018. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 968, between lines 8 and 9, insert the following:

SEC. 8102. 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

(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

______

SA 1019. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 122____. TREATMENT OF INTRASTATE SPECIES.

(a) Definition of Intrastate Species.--In this section, 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 1020. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SECTION 12____. REINS ACT.

(a) Short Title.--This section may be cited as the

``Regulations From the Executive in Need of Scrutiny Act of 2013'' 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, the REINS 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.

``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 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 actions of the agency pursuant to sections 603, 604, 605, 607, and 609 of title 5, United States Code;

``(iii) the actions of the agency pursuant to sections 1532, 1533, 1534, and 1535 of title 2, United States Code; 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 compliance by the agency 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, sections 802 and 803 shall apply, in the succeeding session of Congress, to 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 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; 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.

``(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 after the succeeding session of Congress first convenes; 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)(1) For purposes of this section, the term `joint resolution' means only a joint resolution addressing a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii) that--

``(A) bears no preamble;

``(B) bears the following title: `Approving the rule submitted by ___ relating to ___.' (The blank spaces being appropriately filled in);

``(C) includes after its resolving clause only the following: `That Congress approves the rule submitted by ___ relating to ___.' (The blank spaces being appropriately filled in); and

``(D) is introduced pursuant to paragraph (2).

``(2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or the designee of the majority leader) shall introduce (by request, if appropriate) a joint resolution described in paragraph

(1)--

``(A) in the case of the House of Representatives, within 3 legislative days; and

``(B) in the case of the Senate, within 3 session days.

``(3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding.

``(b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued.

``(c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.

``(d)(1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.

``(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.

``(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection

(a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.

``(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.

``(e) In the House of Representatives, if the committee or committees to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee or committees shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for not fewer than 5 legislative days to call up the joint resolution for immediate consideration in the House without intervention of any point of order. When so called up, a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day.

``(f)(1) For purposes of this subsection, the term

`identical joint resolution' means a joint resolution of the first House that proposes to approve the same major rule as a joint resolution of the second House.

``(2) If the second House receives from the first House a joint resolution, the Chair shall determine whether the joint resolution is an identical joint resolution.

``(3) If the second House receives an identical joint resolution--

``(A) the identical joint resolution shall not be referred to a committee; and

``(B) the procedure in the second House shall be the same as if no joint resolution had been received from the first house, except that the vote on final passage shall be on the identical joint resolution.

``(4) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure.

``(g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day.

``(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 is deemed to be 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 superseding other rules only where explicitly so; and

``(2) with full recognition of the constitutional right of either House to change the rules (so far as they relate 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.

``(e) In the Senate the procedure specified in subsection

``(1) after the expiration of the 60 session days beginning with the applicable submission or publication date, or

``(2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes.

``(f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply:

``(1) The joint resolution of the other House shall not be referred to a committee.

``(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution--

``(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but

``(B) the vote on final passage shall be on the joint resolution of the other House.

``Sec. 804. Definitions

``For purposes of this chapter--

``(1) the term `Federal agency' means any agency as that term is defined in section 551(1);

``(2) the term `major rule' means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in--

``(A) an annual effect on the economy of $100,000,000 or more;

``(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or

``(C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets;

``(3) the term `nonmajor rule' means any rule that is not a major rule; and

``(4) the term `rule' has the meaning given such term in section 551, except that such term does not include--

``(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing;

``(B) any rule relating to agency management or personnel; or

``(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.

``Sec. 805. Judicial review

``(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review.

``(b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect.

``(c) The enactment of a joint resolution of approval under section 802 shall not--

``(1) be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule;

``(2) extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule; and

``(3) form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in 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.''.

(d) Budgetary Effects of Rules Subject to Section 802 of Title 5, United States Code.--Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended by adding at the end the following:

``(E) Any rules subject to the congressional approval procedure set forth in section 802 of chapter 8 of title 5, United States Code, affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with such section.''.

______

SA 1021. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XII, insert the following:

SEC. 12213. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER

TAXES.

(a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

``SEC. 2210. TERMINATION.

``(a) In General.--Except as provided in subsection (b), this chapter shall not apply to the estates of decedents dying on or after the date of the enactment of the Agriculture Reform, Food, and Jobs Act of 2013.

``(b) Certain Distributions From Qualified Domestic Trusts.--In applying section 2056A with respect to the surviving spouse of a decedent dying before the date of the enactment of the Agriculture Reform, Food, and Jobs Act of 2013--

``(1) section 2056A(b)(1)(A) shall not apply to distributions made after the 10-year period beginning on such date, and

``(2) section 2056A(b)(1)(B) shall not apply on or after such date.''.

(b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of chapter 13 of subtitle B of such Code is amended by adding at the end the following new section:

``SEC. 2664. TERMINATION.

``This chapter shall not apply to generation-skipping transfers on or after the date of the enactment of the Agriculture Reform, Food, and Jobs Act of 2013.''.

(1) The table of sections for subchapter C of chapter 11 is amended by adding at the end the following new item:

``Sec. 2210. Termination.''.

(2) The table of sections for subchapter G of chapter 13 is amended by adding at the end the following new item:

``Sec. 2664. Termination.''.

(d) Restoration of Pre-EGTRRA Provisions Not Applicable.--

(1) In general.--Section 301 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 shall not apply to estates of decedents dying, and transfers made, on or after the date of the enactment of this Act.

(2) Exception for stepped-up basis.--Paragraph (1) shall not apply to the provisions of law amended by subtitle E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to carryover basis at death; other changes taking effect with repeal).

(e) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and generation-skipping transfers, after the date of the enactment of this Act.

SEC. 12214. MODIFICATIONS OF GIFT TAX.

(a) Computation of Gift Tax.--Subsection (a) of section 2502 of the Internal Revenue Code of 1986 is amended to read as follows:

``(a) Computation of Tax.--

``(1) In general.--The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of--

``(A) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over

``(B) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for each of the preceding calendar periods.

``(2) Rate schedule.--

``If the amount with respect to which the The tentative

tentative tax to be computed is: tax is:

Not over $10,000.......................... 18% of such amount.

Over $10,000 but not over $20,000......... $1,800, plus 20% of the

excess over $10,000.

Over $20,000 but not over $40,000......... $3,800, plus 22% of the

excess over $20,000.

Over $40,000 but not over $60,000......... $8,200, plus 24% of the

excess over $40,000.

Over $60,000 but not over $80,000......... $13,000, plus 26% of the

excess over $60,000.

Over $80,000 but not over $100,000........ $18,200, plus 28% of the

excess over $80,000.

Over $100,000 but not over $150,000....... $23,800, plus 30% of the

excess over $100,000.

Over $150,000 but not over $250,000....... $38,800, plus 32% of the

excess of $150,000.

Over $250,000 but not over $500,000....... $70,800, plus 34% of the

excess over $250,000.

Over $500,000............................. $155,800, plus 35% of the

excess of $500,000.''.

(b) Treatment of Certain Transfers in Trust.--Section 2511

(relating to transfers in general) is amended by adding at the end the following new subsection:

``(c) Treatment of Certain Transfers in Trust.--Notwithstanding any other provision of this section and except as provided in regulations, a transfer in trust shall be treated as a taxable gift under section 2503, unless the trust is treated as wholly owned by the donor or the donor's spouse under subpart E of part I of subchapter J of chapter 1.''.

(c) Lifetime Gift Exemption.--Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 is amended to read as follows:

``(1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $5,000,000, reduced by''.

(d) Conforming Amendments.--

(1) Section 2505(a) of such Code is amended by striking the last sentence.

(2) The heading for section 2505 of such Code is amended by striking ``UNIFIED''.

(3) The item in the table of sections for subchapter A of chapter 12 of such Code relating to section 2505 is amended to read as follows:

``Sec. 2505. Credit against gift tax.''.

(e) Effective Date.--The amendments made by this section shall apply to gifts made on or after the date of the enactment of this Act.

(f) Transition Rule.--

(1) In general.--For purposes of applying sections 1015(d), 2502, and 2505 of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as 2 separate calendar years one of which ends on the day before the date of the enactment of this Act and the other of which begins on such date of enactment.

(2) Application of section 2504(b).--For purposes of applying section 2504(b) of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as one preceding calendar period.

______

SA 1022. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 968, between lines 8 and 9, insert the following:

SEC. 81__. FOREST LEGACY PROGRAM.

Section 7(l) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c(l)) is amended by adding at the end the following:

``(4) State authorization.--

``(A) Definition of qualified organization.--In this paragraph, a `qualified organization' means an organization--

``(i) defined in section 170(h)(3) of the Internal Revenue Code of 1986; and

``(ii) organized for 1 or more of the purposes described in section 170(h)(4)(A) of that Code.

``(B) Authorization.--The Secretary shall, at the request of a State acting through the State lead agency, authorize the State to allow qualified organizations to acquire, hold, and manage conservation easements, using funds provided through grants to the State under this subsection, for purposes of the Forest Legacy Program in the State.

``(C) Eligibility.--To be eligible to acquire and manage conservation easements under this paragraph, a qualified organization shall demonstrate to the Secretary the abilities necessary to acquire, monitor, and enforce interests in forest land consistent with the Forest Legacy Program and the assessment of need for the State.

``(D) Reversion.--

``(i) In general.--If the Secretary, or a State acting through the State lead agency, makes any of the determinations described in clause (ii) with respect to a conservation easement acquired by a qualified organization under subparagraph (B)--

``(I) all right, title, and interest of the qualified organization in and to the conservation easement shall terminate; and

``(II) all right, title, and interest in and to the conservation easement shall revert to the State or other qualified designee approved by the State.

``(ii) Determinations.--The determinations referred to in clause (i) are that--

``(I) the qualified organization is unable to carry out the responsibilities of the qualified organization under the Forest Legacy Program in the State with respect to the conservation easement;

``(II) the conservation easement has been modified or is being administered in a way that is inconsistent with the purposes of the Forest Legacy Program or the assessment of need for the State; or

``(III) the conservation easement has been conveyed to another person (other than a qualified organization approved by the State and the Secretary).''.

______

SA 1023. Mr. COWAN (for himself, Ms. Murkowski, Ms. Collins, Ms. Warren, Mr. Blumenthal, Mr. Whitehouse, Mr. Schumer, Mr. Begich, Mr. Lautenberg, Mrs. Shaheen, Mr. Reed, Mr. Murphy, Mr. Menendez, Mrs. Gillibrand, and Mr. King) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SEC. 12213. SENSE OF CONGRESS ON FISHERY DISASTER ASSISTANCE.

(a) Findings.--Congress makes the following findings:

(1) Commercial, recreational, and subsistence fishing represents the livelihood of many hard-working people in the United States and, in 2011, fisheries supported more than 1,200,000 jobs in the United States.

(2) Seafood represents an important source of high quality, nutritious food for the people of the United States, who consumed 15 pounds of fish and shellfish in 2011 on average per capita.

(3) Commercial, recreational, and subsistence fishing is an integral part of the economic foundation for the coastal communities of the United States.

(4) Despite adhering to strict catch limits, many fishermen and historic fishing communities currently face extreme hardship as a result of dramatic declines in stocks due to natural disasters and undetermined causes.

(5) In 2012, using authority under the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4101 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.), the Secretary of Commerce declared fishery disasters with respect to the following:

(A) Mississippi oyster and blue crab, in response to flooding that occurred in 2011, damage from the oil spill in the Gulf of Mexico in 2010, and Hurricane Katrina.

(B) Northeast Multispecies (Groundfish) Fishery, for Rhode Island, Maine, Massachusetts, New Hampshire, New York, and Connecticut.

(D) New Jersey and New York, in response to Hurricane Sandy.

(E) American Samoa, for bottomfish.

(6) Whenever a disaster has been declared by the Federal Government, Congress has traditionally provided funding to assist those affected.

(7) Since 1994, Federal fishery failures have been declared on 29 occasions and nearly $827,000,000 in Federal funding has been provided for fishery disaster relief.

(8) The Disaster Relief Appropriations Act, 2013 (division A of Public Law 113-2; 127 Stat. 4), did not include the funding for all fishery disasters declared in 2012 that was included in the Senate bill and those fisheries continue to face dire economic straits.

(b) Sense of Congress.--It is the sense of Congress that--

(1) it is important to support the commercial, recreational, and subsistence fishermen of the United States, who risk their lives to put food on the tables of the people of the United States and to support their communities;

(2) it is in the national interest to ensure that the important and storied United States fishing industry survives and thrives well into the future; and

(3) funds should be provided, as soon as possible, for the fishery disasters declared by the Secretary of Commerce in 2012 and any subsequent fishery disaster declarations.

______

SA 1024. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 986, between lines 4 and 5, insert the following:

SEC. 8304. CULTURAL HERITAGE AND COOPERATION.

Section 8102 of the Food, Conservation, and Energy Act of 2008 (25 U.S.C. 3052) is amended by striking paragraph (5) and inserting the following:

``(5) Indian tribe.--The term `Indian tribe' means--

``(A) any Indian or Alaska Native tribe, band, nation, pueblo, village, or other community the name of which is included on a list published by the Secretary of the Interior pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994; or

``(B) any Indian group that has been formally recognized as an Indian tribe by a State.''.

______

SA 1025. Mrs. BOXER (for herself, Ms. Murkowski, Mr. Blumenthal, Mr. Begich, Mr. Heinrich, and Mr. Tester) submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 122___. SENSE OF THE SENATE CONCERNING THE LABELING OF

GENETICALLY ENGINEERED FOODS.

(a) Findings.--The Senate finds that--

(1) 64 countries, including the United Kingdom, South Korea, Japan, Brazil, Australia, India, China, all countries of the European Union, and other key United States trading partners, have laws or regulations mandating the disclosure of genetically engineered food on food labels;

(2) 26 States have introduced legislation in 2013 that would require the labeling of genetically engineered foods;

(3) the Food and Drug Administration requires the labeling of more than 3,000 ingredients, additives, and processes;

(4) the Food and Drug Administration has the statutory authority to require the labeling of genetically engineered foods; and

(5) the process of genetic engineering results in material changes to foods at the molecular level that have never occurred in traditional varieties and are determinative of food purchases by consumers.

(b) Sense of the Senate.--It is the sense of the Senate that the United States should join the 64 other countries that have given consumers the right to know if the foods purchased to feed their families have been genetically engineered or contain genetically engineered ingredients.

______

SA 1026. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SEC. 122__. REPORT ON GMO LABELING.

Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs and in consultation with the Secretary of Agriculture, shall submit a report to Congress on the methods of labeling genetically engineered food (also referred to as ``GMO'') in nations that require such labeling and the probable impacts of having differing State labeling laws in the absence of a Federal labeling standard with respect to genetically engineered food.

______

SA 1027. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SEC. 12___. PROTECTION OF HONEY BEES AND OTHER POLLINATORS.

(a) In General.--The Secretary, in cooperation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall carry out such activities as the Secretary determines to be appropriate to protect and ensure the long-term viability of populations of honey bees, wild bees, and other beneficial insects of agricultural crops, horticultural plants, wild plants, and other plants, including--

(1) providing formal guidance relating to proposed agency actions that may threaten pollinator health or jeopardize the long-term viability of populations of pollinators;

(2) making use of the best available peer-reviewed science regarding environmental and chemical stressors on pollinator health; and

(3) regularly monitoring and reporting on the health and population status of managed and native pollinators including bees, birds, bats, and other species.

(b) Interagency Task Force on Bee Health and Commercial Beekeeping.--

(1) Establishment.--The Secretary shall establish an interagency task force--

(A) to coordinate Federal efforts carried out on or after the date of enactment of this Act to address the serious worldwide decline in bee health, especially honey bees and declining native bees; and

(B) to assess Federal efforts to mitigate pollinator losses and threats to the United States commercial beekeeping industry.

(2) Membership.--The task force established under this subsection shall be comprised of officials from--

(A) the Department of Agriculture;

(B) the Department of the Interior;

(D) the Food and Drug Administration; and

(E) the Department of Commerce.

(3) Consultation.--The members of the task force established under this subsection shall consult with beekeeper, conservation, scientist, and agricultural stakeholders.

(c) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the task force established under subsection (b) shall submit to Congress a report that summarizes--

(1) Federal activities carried out pursuant to section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) or any other provision of law

(including regulations) to address bee decline; and

(2) international efforts to address the decline of managed honeybees and native pollinators.

(d) Pollinator Research Lab Feasibility Study.--

(1) In general.--The Secretary, acting through the Administrator of the Agricultural Research Service, shall conduct feasibility studies regarding--

(A) establishing a new bee research laboratory; and

(B) modernizing existing honey bee research laboratories identified by the Agricultural Research Service in the capital investment strategy document dated 2012.

(2) Consultation.--In conducting the feasibility studies under paragraph (1), the Secretary shall consult with--

(A) beekeeper, native bee, agricultural, research institution, and bee conservation stakeholders regarding new research laboratory needs under paragraph (1)(A); and

(B) commercial beekeepers regarding modernizing existing honey bee laboratories under paragraph (1)(B).

______

SA 1028. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 862, strike lines 10 through 12 and insert the following:from the decennial census in the year 2020'';

(2) by striking ``25,000'' and inserting ``35,000''; and

(3) by inserting after ``families.'' the following: ``The Secretary may continue to classify such an area to be `rural' or a `rural area' if the Secretary determines that the area has a population in excess of 35,000, but not in excess of 50,000, is rural in character, and has a serious lack of mortgage credit for lower- and moderate-income families or lack of affordable housing, or a significant portion of the population of the area is employed in agriculture.''.

______

SA 1029. Mr. WHITEHOUSE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 12__. SENSE OF THE SENATE CONCERNING CLIMATE CHANGE.

(a) Findings.--The Senate finds that--

(1) evidence that human activity is contributing significantly to climate change is based on sound measurement practices and well-understood physics;

(2) measurements show that the acidity of the oceans has increased almost 30 percent since preindustrial times, at a rate that exceeds estimates of any rate in 50,000,000 years;

(3) almost 90 percent of scientists, almost 95 percent of active climate scientists, and more than 30 major scientific organizations think humans are significantly contributing to climate change;

(4) the harms of climate change to agriculture include more frequent and severe storms, more frequent flooding, worsening droughts, changes in the range of pests and invasive species, reduced agricultural productivity, damaging stress to livestock health, and reduced productivity of agricultural producers;

(5) the Government Accountability Office--

(A) has added the fiscal exposure of the Federal Government to climate change to the GAO High Risk list; and

(B) has included exposure through the Federal Crop Insurance Corporation as part of the risk;

(6) agriculture-related industry contributes almost 5 percent to the economy of the United States; and

(7) climate change presents a credible risk to--

(A) agriculture and forestry in the United States; and

(B) the infrastructure, health of the people, national security, and economy of the United States.

(b) Sense of the Senate.--It is the sense of the Senate that--

(1) the scientific evidence and consensus that supports the assertion that humans are contributing to climate change represents a credible risk to agriculture and related industries in the United States;

(2) the scientific evidence and consensus referred to in paragraph (1) is not product of a hoax or deception perpetrated on the people of the United States; and

(3) efforts to reduce carbon pollution and adapt to the effects of climate change are--

(A) economically prudent; and

(B) in the best security and fiscal interests of the United States.

______

SA 1030. Mr. WHITEHOUSE (for himself, Ms. Murkowski, Mr. Begich, Mr. Cowan, and Mr. Reed) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 462, between lines 2 and 3, insert the following:

``SEC. 32__. PILOT PROGRAM OPERATING LOANS TO COMMERCIAL

FISHERMEN AND SHELLFISH FARMERS.

``(a) In General.--In each of fiscal years 2014 through 2018, up to 1.5 percent of the funds made available to carry out this chapter for that fiscal year shall be used to carry out a pilot program to make and guarantee operating loans to individuals or entities primarily engaged in commercial fishing or shellfish farming--

``(1) to pay the costs incident to reorganizing a commercial fishing or shellfish farming business for more profitable operation;

``(2) to purchase commercial fishing or shellfish farming equipment to comply with regulatory requirements, meet management objectives identified by the managing agency, improve the quality of fishery resource harvests, or replace worn equipment;

``(3) to purchase fuel, bait, or to meet other essential commercial fishing or shellfish farming operating expenses;

``(4) to finance commercial fishery or shellfish farming permits;

``(5) to refinance indebtedness; or

``(6) to pay loan closing costs.

``(b) Eligibility.--A commercial fisherman, a shellfish farmer, or an individual holding a majority interest in an entity primarily engaged in commercial fishing or shellfish farming shall be eligible under this section only if the individual--

``(1) is a citizen of the United States;

``(2) has a record of experienced commercial fishing or shellfish farming that the Secretary determines is sufficient to ensure a reasonable prospect of success in the commercial fishing or shellfish farming operation proposed by the individual; and

``(3) is unable to obtain credit elsewhere.

``(c) Consistency With Fishery Management Objectives.--Any loan under this section shall support activities or purchases consistent with the management objectives of the 1 or more fisheries or shellfish farms in which the eligible person described in subsection (b) participates, which the Secretary may determine through consultation with--

``(1) the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere; or

``(2) the appropriate State, local, or tribal fishery or shellfish farming management authorities.

``(d) Evaluation.--Not later than April 1, 2016, the Secretary shall--

``(1) complete an evaluation of the pilot program; and

``(2) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing results of the evaluation.

______

SA 1031. Mrs. HAGAN submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1076, between lines 17 and 18, insert the following:

SEC. 110__. CROP INSURANCE FRAUD.

Section 516(b)(2) of the Federal Crop Insurance Act (7 U.S.C. 1516(b)(2)) is amended by adding at the end the following:

``(C) Reviews, compliance, and program integrity.--For each of the 2014 and subsequent reinsurance years, the Corporation may use the insurance fund established under subsection (c), but not to exceed $5,000,000 for each fiscal year, to pay the following:

``(i) Costs to reimburse expenses incurred for the review of policies, plans of insurance, and related materials and to assist the Corporation in maintaining program integrity.

``(ii) In addition to other available funds, costs incurred by the Risk Management Agency for compliance operations associated with activities authorized under this title.''.

______

SA 1032. Mr. KING (for himself and Mr. Tester) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the end of subtitle B of title XII, add the following:

SEC. 12___. STATE MEMORANDA OF UNDERSTANDING REGARDING

INTERSTATE SHIPMENT OF STATE-INSPECTED POULTRY

AND MEAT ITEMS.

(a) Meat Items.--Section 501 of the Federal Meat Inspection Act (21 U.S.C. 683) is amended--

(1) in subsection (a)--

(A) in paragraph (1), by inserting ``that is located in a State that has enacted a mandatory State meat product inspection law that imposes ante mortem and post mortem inspection, reinspection, and sanitation requirements that are at least equal to those under this Act'' before the period at the end; and

(B) by striking paragraph (5);

(2) by striking subsections (b) through (e) and inserting the following:

``(b) State Memoranda of Understanding Regarding Interstate Shipment of State-inspected Meat Items.--

``(1) In general.--Notwithstanding any other provision of law (including regulations), a State may enter into a memorandum of understanding with another State under which meat items from an eligible establishment in 1 State are sold in interstate commerce in the other State, in accordance with the requirements of paragraph (2).

``(2) Requirements.--To be eligible to enter into a memorandum of understanding under paragraph (1), a State, acting through the appropriate State agency, shall receive a certification from the Secretary that--

``(A) the ante mortem and post mortem inspection, reinspection, and sanitation requirements of the State are at least equal to those under this Act; and

``(B) the State employs designated personnel to inspect meat items to be shipped by eligible establishments in interstate commerce.'';

(3) by redesignating subsection (f) as subsection (c);

(4) by striking subsections (g), (h), and (j); and

(5) by redesignating subsection (i) as subsection (d).

(b) Poultry Items.--Section 31 of the Poultry Products Inspection Act (21 U.S.C. 472) is amended--

(1) in subsection (a), by striking paragraph (5);

(2) by striking subsections (b) through (g) and inserting the following:

``(b) State Memoranda of Understanding Regarding Interstate Shipment of State-inspected Poultry Items.--

``(1) In general.--Notwithstanding any other provision of law (including regulations), a State may enter into a memorandum of understanding with another State under which poultry items from an eligible establishment in 1 State are sold in interstate commerce in the other State, in accordance with the requirements of paragraph (2).

``(A) the ante mortem and post mortem inspection, reinspection, and sanitation requirements of the State are at least equal to those under this Act; and

``(B) the State employs designated personnel to inspect poultry items to be shipped by eligible establishments in interstate commerce.'';

(3) by redesignating subsection (h) as subsection (c); and

(4) by striking subsection (i).

______

SA 1033. Mr. KING submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SEC. 12____. SCIENTIFIC AND ECONOMIC ANALYSIS OF THE FDA FOOD

SAFETY MODERNIZATION ACT.

(a) In General.--The Secretary of Health and Human Services

(referred to in this section as the ``Secretary'') may not enforce any regulations promulgated under the FDA Food Safety Modernization Act (Public Law 111-353) until the Secretary publishes in the Federal Register the following:

(1) An analysis of the scientific information used in the final rule to implement the FDA Food Safety Modernization Act with a particular focus on--

(A) agricultural businesses of a variety of sizes;

(B) regional differences of agriculture production, processing, marketing, and value added production;

(D) the impact on local food systems and the availability of local food; and

(E) what, if any, negative impact on the agricultural businesses and local food systems would be created, or exacerbated, by implementation of the FDA Food Safety Modernization Act.

(2) An analysis of the economic impact of the proposed final rule to implement the FDA Food Safety Modernization Act with a particular focus on--

(A) agricultural businesses of a variety of sizes;

(B) small and mid-sized value added food processors; and

(3) A plan to systematically evaluate the regulations by surveying farmers and processors and developing an ongoing process to evaluate and address business concerns.

(b) Annual Report.--Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Agriculture of the House of Representatives a report on the impact of implementation of the regulations promulgated under the FDA Food Safety Modernization Act.

______

SA 1034. Mr. KING submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the end of subtitle B of title XII, add the following:

SEC. 12___. POULTRY PROCESSING AT CERTAIN FACILITIES.

(a) In General.--Section 7 of the Poultry Products Inspection Act (21 U.S.C. 456) is amended by adding at the end the following:

``(c) Processing at Certain Facilities.--

``(1) In general.--Notwithstanding any other provision of law (including section 381.10(b)(2) of title 9, Code of Federal Regulations (as in effect on the date of enactment of this subsection)), a person that owns or operates a facility described in paragraph (2) may enter into a lease or other agreement with any other person for the purpose of processing poultry of the other person at the facility--

``(A) subject to the condition that each person that is a party to the agreement has in place a hazard analysis and critical control points plan; and

``(B) regardless of whether the Secretary grants an exemption for the processing under section 15(c)(3) or any other provision of law (including regulations).

``(2) Description of facility.--A facility referred to in paragraph (1) is a facility that--

``(A) has been inspected in accordance with the requirements of this Act;

``(B) has a capacity of not more than 20,000 poultry; and

``(C) is not used by the owner or operator of the facility to the full capacity of the facility.''.

(b) Conforming Amendment.--Section 15(c)(3)(B) of the Poultry Products Inspection Act (21 U.S.C. 464(c)(3)(B)) is amended by inserting ``subject to section 7(c),'' before

``slaughters or processes''.

______

SA 1035. Mr. KING (for himself, Ms. Collins, and Mrs. Gillibrand) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the end of subtitle F of title II, add the following:

SEC. 25___. FARM BUSINESS CENTERS.

(a) Findings.--Congress finds that--

(1) Federal conservation programs, such as the Conservation Stewardship Program and the Environmental Quality Incentives Program--

(A) help farmers and landowners reduce soil erosion, enhance water supplies, improve water quality, and improve wildlife habitat; and

(B) represent the shared cost and responsibility of the Federal Government and farmers and landowners for conservation;

(2) much of the support provided by the programs described in paragraph (1) is in the form of technical support to help farmers and landowners achieve conservation goals;

(3)(A) section 14212(b)(1)(B) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 6932a(b)(1)(B)) provided for the closing of Farm Service Agency offices if the offices had 2 or fewer permanent full-time employees; but

(B) that provision failed to take into consideration that--

(i) some Farm Service Agency offices were colocated;

(ii) some Farm Service Agency programs were interdependent; and

(iii) that colocation and interdependence served as an advantage;

(4) reducing staff levels and closing Farm Service Agency and Natural Resources Conservation Service offices makes it more difficult for farmers and landowners to participate in Federal programs;

(5)(A) the State of Maine is increasing the number of new, small, and mid-sized farms in the State; and

(B) for many of those farms, access to technical assistance is critical for success; and

(6)(A) the policy of the Administrative and Financial Management office of the Department of Agriculture in effect on the date of enactment of this Act supports consolidation of offices of--

(i) the Farm Service Agency;

(ii) the Natural Resources Conservation Service offices; and

(iii) soil and water conservation districts; but

(B) that policy is undermined by other policies that do not evaluate the effect on the entire service system of a decision of such an agency to relocate staff or close an office, which often results in a cost shift to rural communities, farmers, and landowners.

(b) Guidelines.--As soon as practicable after the date of enactment of this Act, the Secretary shall publish guidelines--

(1) to encourage the colocation of offices of the Farm Service Agency, the Natural Resources Conservation Service, and soil and water conservation districts to establish ``1-stop'' farm business centers of the Department of Agriculture to increase efficiency, improve communication with agency and local government partners, and enhance service delivery to rural communities; and

(2) relating to the use of donated office space, on a full-time or part-time basis, from local governments and other appropriate entities.

______

SA 1036. Mr. SANDERS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 378, between lines 15 and 16, insert the following:

SEC. 40__. DATA COLLECTION.

Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the end the following:

``(v) Data Collection.--The Secretary shall compile data on incidences in which eligible households who are otherwise eligible to continue receiving benefits under the supplemental nutrition assistance program are determined to be ineligible and required to reapply for eligibility, whether through an administrative error or through the fault of the eligible household.''.

______

SA 1037. Mr. SANDERS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 414, between lines 5 and 6, insert the following:

SEC. 42__. PILOT PROGRAM FOR HIGH-POVERTY SCHOOLS.

Section 18(h) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(h)) is amended--

(1) in paragraph (1)(B), in the matter preceding clause

(i), by striking ``5 States'' and inserting ``10 States''; and

(2) in paragraph (2), by striking ``2015'' and inserting

``2020''.

______

SA 1038. Mr. SANDERS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 378, between lines 15 and 16, insert the following:

SEC. 4___. SENIOR APPLICANT INTERVIEW WAIVER OPTION.

Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the end the following:

``(v) Senior Applicant Interview Waiver Option.--

``(1) In general.--The Secretary shall give each participating State the option to carry out the supplemental nutrition assistance program in accordance with this Act but using a waiver of the eligibility interview for applicant households that consist of not more than 2 members, both of whom are over the age of 65.

``(2) Prohibition.--In the case of a participating State that elects to take the option described in paragraph (1), no applicant household described in that paragraph for which the eligibility interview is waived shall be denied benefits under the supplemental nutrition assistance program solely as a result of that waiver.

``(3) Verification.--If a participating State that elects to take the option described in paragraph (1) determines that any information on the application of an applicant household subject to a waiver is questionable, the applicable State agency may contact the applicant household directly or request additional verification of the questionable information.''.

______

SA 1039. Mr. CRAPO (for himself and Mr. Risch) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SEC. 12___. PROHIBITION AGAINST FINALIZING, IMPLEMENTING, OR

ENFORCING THE PROPOSED RULE ENTITLED

``STANDARDS FOR THE GROWING, HARVESTING,

PACKING, AND HOLDING OF PRODUCE FOR HUMAN

CONSUMPTION''.

No Federal funds may be used to finalize, implement or enforce the proposed rule entitled ``Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption'' published by the Department of Health and Human Services on January 16, 2013 (78 Fed. Reg. 3503), or any successor or substantially similar rule.

______

SA 1040. Mr. ENZI submitted an amendment intended to be proposed to amendment SA 925 submitted by Mrs. Shaheen (for herself, Mr. Kirk, Mr. Toomey, Mr. Durbin, Mrs. Feinstein, Mr. Alexander, Ms. Ayotte, Mr. Corker, Mr. Lautenberg, Mr. Portman, Mr. Coats, Mr. McCain, Mr. Coons, Mr. Coburn, Mr. Warner, Mr. Johnson of Wisconsin, Mr. Kaine, and Mr. Heller) and intended to be proposed to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 5 of the amendment, line 14, before the period at the end insert ``and eliminate the tariff-rate quotas for maple syrup and specialty syrups''.

______

SA 1041. Mr. ENZI submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

Strike section 12208.

______

SA 1042. Mr. KING (for himself and Mr. Tester) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SEC. 12____. EXEMPTIONS FROM REQUIREMENTS FOR HAZARD ANALYSIS

AND RISK-BASED PREVENTIVE CONTROLS AND PRODUCE

SAFETY.

(a) Qualified.--Section 418(l)(1)(C)(ii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(l)(1)(C)(ii)) is amended--

(1) in subclause (I), by striking ``value of the food manufactured'' each place such term appears and inserting

``value of the food subject to the requirements of this section that is manufactured''; and

(2) in subclause (II), by striking ``value of all food sold'' and inserting ``value of all food subject to the requirements of this section that is sold''.

(b) Produce Safety and Preventive Controls.--Section 419(f)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350h(f)(1)) is amended--

(1) in subparagraph (A), by striking ``food sold by'' each place such term appears and inserting ``food subject to the requirements of this section that is sold by''; and

(2) in subparagraph (B), by striking ``value of all food sold'' and inserting ``value of all food subject to the requirements of this section that is sold''.

______

SA 1043. Mr. PRYOR (for himself, Mr. Coons, and Mr. Chambliss) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

Beginning on page 1085, strike line 11 and all that follows through page 1086, line 17, and insert the following:

``(i) a study to determine the feasibility of insuring commercial poultry production against business disruptions caused by integrator bankruptcy or other significant market disruptions; and

``(ii) a study to determine the feasibility of insuring poultry producers for a catastrophic event.

``(C) Business disruption study.--The study described in subparagraph (B)(i) shall--

``(i) evaluate the market place for business disruption insurance that is available to poultry producers;

``(ii) assess the feasibility of a policy to allow producers to ensure against a portion of losses from loss under contract due to business disruptions from integrator bankruptcy or other significant market disruptions; and

``(iii) analyze the costs to the Federal Government of a Federal business disruption insurance program for poultry producers.

``(D) Reports.--Not later than 1 year after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of--

``(i) the study carried out under subparagraph (B)(i); and

``(ii) the study carried out under subparagraph (B)(ii).

``(E) Implementation.--The Board shall review the policy described in subparagraph (B) under subsection 508(h) and approve the policy if the Board finds that the policy--

``(i) will likely result in a viable and marketable policy consistent with this subsection;

``(ii) would provide crop insurance coverage in a significantly improved form;

``(iii) adequately protects the interests of producers; and

``(iv) meets other requirements of this subtitle determined appropriate by the Board.''.

______

SA 1044. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 731, between lines 6 and 7, insert the following:

``SEC. 3708. LAND GRANT-MERCEDES.

``(a) Findings.--Congress finds that--

``(1) Spanish and Mexican land grant-mercedes are part of a unique and important history in the southwest United States dating back to the 1600s and becoming incorporated into the United States through the Treaty of Peace, Friendship, Limits, and Settlement between the United States of America and the Mexican Republic, signed at Guadalupe Hidalgo February 2, 1848, and entered into force May 30, 1848 (9 Stat. 922) (commonly referred to as the `Treaty of Guadalupe Hidalgo');

``(2) the years following the signing of that treaty resulted in a significant loss of land originally belonging to the land grant-mercedes due to manipulations and unfulfilled commitments;

``(3) the land grant-mercedes that are recognized as political subdivisions are in need of increased economic opportunities; and

``(4) the rural development programs of the Department of Agriculture are an appropriate venue for addressing the needs of the land grant-mercedes.

``(b) Definitions.--In this section:

``(1) Land grant-mercedes.--The term `land grant-mercedes' means land that was granted by the government of Spain or the government of Mexico to a community, town, colony, pueblo, or person for the purpose of establishing a community, town, colony, or pueblo.

``(2) Land grant council.--The term `Land Grant Council' means an agency of the New Mexico State government established by law--

``(A) to provide support to land grants-mercedes in the State of New Mexico; and

``(B) to serve as a liaison between land grant-mercedes and other State agencies and the Federal government.

``(3) Qualified land grant-mercedes.--The term `qualified land grant-mercedes' means a land grant-mercedes recognized under a State law.

``(c) Program.--

``(1) In general.--In addition to any other funds made available for similar purposes, the Secretary shall use funds set aside under paragraph (3) to provide grants to qualified land grant-mercedes and the Land Grant Council for the purpose of carrying out economic development initiatives under--

``(A) the Special Evaluation Assistance for Rural Communities and Households (SEARCH) program under section 3501(e)(6);

``(B) the community facility grant program under section 3502;

``(C) the program of rural business development grants and rural business enterprise grants under section 3601(a);

``(D) the rural microentrepreneur assistance program under section 3601(f)(2); and

``(E) the rural community development initiative.

``(2) Federal share.--Notwithstanding any other requirement of the programs described in paragraph (1), the Secretary shall make available to qualified land grant-mercedes grants under those programs at a Federal share of up to 100 percent.

``(3) Set aside.--Notwithstanding any other provision of law, of amounts made available for a fiscal year for rural development programs of the Department of Agriculture, $10,000,000 shall be used to carry out this section.''.

______

SA 1045. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, afer line 15, add the following:

SEC. 12___. RECEIPT FOR SERVICE OR DENIAL OF SERVICE FROM

CERTAIN DEPARTMENT OF AGRICULTURE AGENCIES.

Section 2501A(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1(e)) is amended by striking ``and, at the time of the request, also requests a receipt''.

______

SA 1046. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 216, line 15, strike ``and'' at the end.

On page 217, strike line 21 and insert the following:habitat.''; and

(6) by adding at the end the following:

``(j) Funding for Community Irrigation Associations.--

``(1) Definition of eligible community irrigation association.--In this subsection, the term `eligible community irrigation association' means an irrigation association that--

``(A) is comprised of members who are eligible producers; and

``(B) is a local governmental entity that does not have the authority to impose taxes or levies.

``(2) Alternative funding arrangement.--The Secretary may enter into alternative funding arrangements with eligible community irrigation associations if the Secretary determines that--

``(A) the goals and objectives of the program will be met by the arrangements; and

``(B) statutory limitations regarding contracts with individual producers will not be exceeded by any member of the irrigation association.''.

______

SA 1047. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 731, between lines 6 and 7, insert the following:

``SEC. 3708. FRONTIER COMMUNITIES ECONOMIC DEVELOPMENT.

``(a) Definition of Frontier Community.--

``(1) In general.--The Secretary, in consultation with the Director of the Bureau of the Census and the Administrator of the Economic Research Service, shall promulgate regulations to define, for purposes of this section, the term `frontier community'.

``(2) Requirements.--The definition of `frontier community' shall be based on a weighted matrix that uses population density, distance in miles and travel time in minutes from the nearest significant service center or market, and such other factors as the Secretary determines to be appropriate.

``(3) Identification.--The Secretary shall work with State executives, officials of nonmetropolitan local governments, and officials of federally recognized Indian tribes, as appropriate, to identify communities that qualify as

`frontier communities' based on the weighted matrix.

``(4) Reconsideration process.--The Secretary shall establish a reconsideration process under which a community that has not been designated as a `frontier community' may petition for designation.

``(b) Reservation of Funds for Frontier Communities.--

``(1) In general.--The Secretary shall reserve an amount of not less than 3 percent of all funds made available for a fiscal year for programs of the rural development mission area that provide grants, loans, or loan guarantees to communities, for the costs of making grants, loans, or loan guarantees to frontier communities in accordance with those programs and this section.

``(2) Requirements.--

``(A) In general.--Except as provided in subparagraph (B) and notwithstanding any other provision of this title, in making a grant, loan, or loan guarantee to a frontier community using funds reserved under paragraph (1), the Secretary shall apply the terms and conditions of the applicable rural development program.

``(B) Exceptions.--The Secretary--

``(i) in the case of grants and regardless of cost-sharing requirements in the underlying program, may make available a grant of up to 100 percent Federal cost share to frontier communities;

``(ii) for purposes of scoring grant applications, may not consider whether a frontier community belongs to a regional partnership; and

``(iii) may not impose a minimum grant or loan amount requirement.

``(3) Insufficient applications.--If funds reserved under paragraph (1) remain available due to insufficient applications after the end of the 180-day period beginning on the date on which the funds are reserved, the Secretary shall use the funds for the purposes for which the funds were originally made available.

``(c) Capacity Building, Technical Assistance, and Project Planning.--

``(1) Definition of eligible entity.--In this subsection, the term `eligible entity' means--

``(A) an association of counties;

``(B) a council of State and local governments;

``(C) a cooperative;

``(D) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b));

``(E) a public agency;

``(F) a community-based organization, intermediary organization, network, or coalition of community-based organizations that does not engage in activities prohibited under section 501(c)(3) of the Internal Revenue Code of 1986; or

``(G) a similar entity, as determined by the Secretary.

``(2) Grants.--The Secretary shall make available to eligible entities grants to facilitate greater capacity for frontier communities to plan projects and acquire and manage loans and grants made available through rural development programs of the Department and other funding sources.

``(3) Priority.--In considering grant applications under this subsection, the Secretary shall give higher priority to an eligible entity that, as determined by the Secretary--

``(A) demonstrates an existing relationship with the frontier community intended to be served by the eligible entity; and

``(B) is a local organization or government entity.

``(4) Reservation of funds.--

``(A) In general.--The Secretary shall reserve an amount of not more than 5 percent of all funds made available for programs of the rural development mission area for a fiscal year to make grants in accordance with this subsection.

``(B) Insufficient applications.--If funds reserved under subparagraph (A) remain available due to insufficient applications after the end of the 180-day period beginning on the date on which the funds are reserved, the Secretary shall use the funds for the purposes for which the funds were originally made available.''.

______

SA 1048. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 216, line 15, strike ``and'' at the end.

On page 217, strike line 21 and insert the following:habitat.''; and

(6) by adding at the end the following:

``(j) Funding for Community Irrigation Associations.--The Secretary may enter into alternative funding arrangements with the Acequia and Community Ditch Associations recognized by the State of New Mexico under Chapter 72, Articles 2 and 3, New Mexico Statutes Annotated 1978, if the Secretary determines that--

``(1) the goals and objectives of the program will be met by the arrangements; and

``(2) statutory limitations regarding contracts with individual producers will not be exceeded by any member of the Acequia and Community Ditch Associations.''.

______

SA 1049. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 216, line 15, strike ``and'' at the end.

On page 217, strike line 21 and insert the following:habitat.''; and

(6) in subsection (h)--

(A) by striking paragraph (1) and inserting the following:

``(1) Availability of payments.--The Secretary may provide payments under this subsection to a producer for a water conservation or irrigation practice that promotes ground and surface water conservation on the agricultural operation of the producer through--

``(A) improvements to irrigation systems;

``(B) enhancement of irrigation efficiencies;

``(C) conversion of the agricultural operation to--

``(i) the production of less water-intensive agricultural commodities; or

``(ii) dryland farming;

``(D) improvement of the storage and conservation of water through measures such as water banking and groundwater recharge;

``(E) enhancement of fish and wildlife habitat associated with irrigation systems including pivot corners and areas with irregular boundaries;

``(F) enhancement of in-stream flows in associated rivers and streams; or

``(G) establishment of other measures, as determined by the Secretary, that improve groundwater and surface water conservation in agricultural operations.'';

(B) in paragraph (2)--

(i) in subparagraph (A), by striking ``or'' at the end and inserting ``and''; and

(ii) by striking subparagraph (B) and inserting the following:

``(B) any associated water savings remain in the original source of the water for the useful life of the practice.''; and

``(3) Duty of producers.--The Secretary may not provide payments to a producer for a water conservation or irrigation practice under this subsection unless the producer agrees not to use any associated water savings to bring new land, other than incidental land needed for efficient operations, under irrigated production, unless the producer is participating in a watershed-wide project that will effectively conserve water, as determined by the Secretary.''.

______

SA 1050. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 877, after line 18, insert the following:

SEC. 6208. GAO REPORT ON UNIVERSAL SERVICE REFORMS.

(a) Purpose.--The purpose of the report required under subsection (b) is to aid Congress in monitoring and measuring the effects of a series of reforms by the Federal Communications Commission (in this section referred to as the

``FCC'') intended to promote the availability and affordability of broadband service throughout the United States.

(b) Report.--The Comptroller General of the United States shall prepare a report providing detailed measurements, statistics, and metrics with respect to--

(1) the progress of implementation of the reforms adopted in the FCC's Report and Order and Further Notice of Proposed Rulemaking adopted on October 27, 2011 (FCC 11-161) (in this section referred to as the ``Order'');

(2) the effects, if any, of such reforms on retail end user rates during the applicable calendar year for--

(A) local voice telephony services (including any subscriber line charges and access recovery charges assessed by carriers upon purchasers of such services);

(B) interconnected VoIP services;

(D) mobile wireless voice services;

(E) bundles of voice telephony or VoIP services (such as local and long distance voice packages);

(F) fixed broadband Internet access services; and

(G) mobile broadband Internet access services;

(3) any disparities or trends detectable during the applicable calendar year with respect to the relative average

(such as per-consumer) retail rates charged for each of the services listed in paragraph (2) to consumers (including both residential and business users) located in rural areas and urban areas;

(4) any disparities or trends detectable during the applicable calendar year with respect to the relative average

(such as per-consumer) retail rates charged for each of the services listed in paragraph (2) as between incumbent local exchange carriers subject to price cap regulation and those subject to rate-of-return regulation;

(5) the effects, if any, of those reforms adopted in the Order on average fixed and mobile broadband Internet access speeds, respectively, available to residential and business consumers, respectively, during the applicable calendar year;

(6) any disparities or trends detectable during the applicable calendar year with respect to the relative average fixed and mobile broadband Internet access speeds, respectively, available to residential and business consumers, respectively, in rural areas and urban areas;

(7) the effects, if any, of those reforms adopted in the Order on the magnitude and pace of investments in broadband-capable networks in rural areas, including such investments financed by the Department of Agriculture's Rural Utilities Service under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.);

(8) any disparities or trends detectable during the applicable calendar year with respect to the relative magnitude and pace of investments in broadband-capable networks in rural areas and urban areas;

(9) any disparities or trends detectable during the applicable calendar year with respect to the magnitude and pace of investments in broadband-capable networks in areas served by carriers subject to rate-of-return regulation;

(10) the effects, if any, of those reforms adopted in the Order on adoption of broadband Internet access services by end users; and

(11) the effects, if any, of such reforms on State universal service funds or other State universal service initiatives, including carrier-of-last-resort requirements that may be enforced by any State.

(c) Timing.--On or before December 31, 2013, and annually thereafter for the following 5 calendar years, the Comptroller General shall submit the report required under subsection (b) to the following:

(1) The Committee on Commerce, Science, and Transportation of the Senate.

(2) The Committee on Agriculture, Nutrition, and Forestry of the Senate.

(3) The Committee on Energy and Commerce of the House of Representatives.

(4) The Committee on Agriculture of the House of Representatives.

(d) Data Inclusion.--The report required under subsection

(b) shall include all data that the Comptroller General deems relevant to and supportive of any conclusions drawn with respect to the effects of the FCC's reforms and any disparities or trends detected in the items subject to the report.

______

SA 1051. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

Strike section 10004 and insert the following:

SEC. 10004. STUDY ON LOCAL FOOD PRODUCTION AND PROGRAM

EVALUATION.

(a) In General.--The Secretary shall--

(1) collect data on the production and marketing of locally or regionally produced agricultural food products;

(2) collect data on direct and indirect regulatory compliance costs affecting the production and marketing of locally or regionally produced agricultural food products;

(3) facilitate interagency collaboration and data sharing on programs related to local and regional food systems;

(4) monitor the effectiveness of programs designed to expand or facilitate local food systems;

(5) monitor barriers to local and regional market access due to Federal regulation of small-scale production; and

(6) evaluate how local food systems--

(A) contribute to improving community food security; and

(B) assist populations with limited access to healthy food.

(b) Requirements.--In carrying out this section, the Secretary shall, at a minimum--

(1) collect and distribute comprehensive reporting of prices and volume of locally or regionally produced agricultural food products;

(2) conduct surveys and analysis and publish reports relating to the production, handling, distribution, retail sales, and trend studies (including consumer purchasing patterns) of or on locally or regionally produced agricultural food products;

(3) evaluate the effectiveness of existing programs in growing local and regional food systems, including--

(A) the impact of local food systems on job creation and economic development;

(B) the level of participation in the Farmers' Market and Local Food Promotion Program established under section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005), including the percentage of projects funded in comparison to applicants and the types of eligible entities receiving funds;

(C) the ability for participants to leverage private capital and a synopsis of the places from which non-Federal funds are derived; and

(D) any additional resources required to aid in the development or expansion of local and regional food systems;

(4) evaluate the impact that Federal regulation of small commercial producers of fruits and vegetables intended for local and regional consumption may have on--

(A) local job creation and economic development;

(B) access to local and regional fruit and vegetable markets, including for new and beginning small commercial producers; and

(i) supplier networks;

(ii) high volume distribution systems; and

(iii) retail sales outlets;

(5) expand the Agricultural Resource Management Survey to include questions on locally or regionally produced agricultural food products; and

(6) seek to establish or expand private-public partnerships to facilitate, to the maximum extent practicable, the collection of data on locally or regionally produced agricultural food products, including the development of a nationally coordinated and regionally balanced evaluation of the redevelopment of locally or regionally produced food systems.

(c) Report.--Not later than 1 year after the date of enactment of this Act and annually thereafter, 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 describing the progress that has been made in implementing this section and identifying any additional needs and barriers related to developing local and regional food systems.

______

SA 1052. Mr. BOOZMAN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 628, between lines 13 and 14, insert the following:

``SEC. 3502. RIGHTS-OF-WAY FOR RURAL WATER PROJECTS.

``The Secretary shall grant, issue, or renew rights-of-way without rental fees for any rural water project that is federally financed (including a project that receives Federal funds under this Act or from a State drinking water treatment revolving loan fund established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) , if the water project would otherwise be eligible to be granted, issued, or renewed rights-of-way under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)).

______

SA 1053. Mr. BOOZMAN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SEC. 12____. ATTORNEY FEE PAYMENT TRACKING.

(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall--

(1) develop a system to track and report attorney fee payment information in accordance with subsections (b) and

(c); and

(2) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the status of the implementation of the system.

(b) Requirements.--The system described in subsection

(a)(1) shall track for each case or administrative adjudication in which the Secretary or Department of Agriculture is a party--

(1) the case name;

(2) the party name;

(3) the amount of the claim;

(4) the date and amount of the award or payment of attorney fees; and

(5) the law (including regulations) under which the case was brought.

(c) Annual Reports.--Each year, the Secretary shall submit to the Committees described in subsection (a)(2) a report containing the information described in subsection (b).

______

SA 1054. Mr. BOOZMAN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE XIII--FARM, RANCH, AND FOREST LAND PRIVATE PROPERTY PROTECTION

ACT

SEC. 13001. SHORT TITLE.

This title may be cited as the ``Farm, Ranch, and Forest Land Private Property Protection Act''.

SEC. 13002. FINDINGS.

(a) Findings.--Congress finds the following:

(1) The founders realized the fundamental importance of property rights when they codified the Takings Clause of the Fifth Amendment to the Constitution, which requires that private property shall not be taken for public use, without just compensation.

(2) Rural lands are unique in that they are not traditionally considered high tax revenue-generating properties for State and local governments. In addition, farm, ranch, and forest land owners need to have long-term certainty regarding their property rights in order to make the investment decisions to commit land to these uses.

(3) Ownership rights in rural land are fundamental building blocks for our Nation's agriculture industry, which continues to be one of the most important economic sectors of our economy.

(4) In the wake of the Supreme Court's decision in Kelo v. City of New London, abuse of eminent domain is a threat to the property rights of all private property owners, including rural land owners.

(b) Sense of Congress.--It is the sense of Congress that the use of eminent domain for the purpose of economic development is a threat to agricultural and other property in rural America and that the Congress should protect the property rights of Americans, including those who reside in rural areas. Property rights are central to liberty in this country and to our economy. The use of eminent domain to take farmland and other rural property for economic development threatens liberty, rural economies, and the economy of the United States. The taking of farmland and rural property will have a direct impact on existing irrigation and reclamation projects. Furthermore, the use of eminent domain to take rural private property for private commercial uses will force increasing numbers of activities from private property onto this Nation's public lands, including its National forests, National parks and wildlife refuges. This increase can overburden the infrastructure of these lands, reducing the enjoyment of such lands for all citizens. Americans should not have to fear the government's taking their homes, farms, or businesses to give to other persons. Governments should not abuse the power of eminent domain to force rural property owners from their land in order to develop rural land into industrial and commercial property. Congress has a duty to protect the property rights of rural Americans in the face of eminent domain abuse.

SEC. 13003. PROHIBITION ON EMINENT DOMAIN ABUSE BY STATES TO

CONFISCATE FARM, RANCH, OR FOREST LAND.

(a) In General.--No State or political subdivision of a State shall exercise its power of eminent domain over farm, ranch, or forest land, or allow the exercise of such power by any person or entity to which such power has been delegated, over property to be used for economic development or over property that is used for economic development within 7 years after that exercise, if that State or political subdivision receives Federal economic development funds during any fiscal year in which the property is so used or intended to be used.

(b) Ineligibility for Federal Funds.--A violation of subsection (a) by a State or political subdivision shall render such State or political subdivision ineligible for any Federal economic development funds for a period of 2 fiscal years following a final judgment on the merits by a court of competent jurisdiction that such subsection has been violated, and any Federal agency charged with distributing those funds shall withhold them for such 2-year period, and any such funds distributed to such State or political subdivision shall be returned or reimbursed by such State or political subdivision to the appropriate Federal agency or authority of the Federal Government, or component thereof.

(c) Opportunity To Cure Violation.--A State or political subdivision shall not be ineligible for any Federal economic development funds under subsection (b) if such State or political subdivision returns all real property the taking of which was found by a court of competent jurisdiction to have constituted a violation of subsection (a) and replaces any other property destroyed and repairs any other property damaged as a result of such violation. In addition, the State must pay applicable penalties and interest to reattain eligibility.

SEC. 13004. PROHIBITION ON EMINENT DOMAIN ABUSE BY THE

FEDERAL GOVERNMENT TO CONFISCATE FARM, RANCH,

OR FOREST LAND.

The Federal Government or any authority of the Federal Government shall not exercise its power of eminent domain over farm, ranch, or forest land to be used for economic development.

SEC. 13005. PRIVATE RIGHT OF ACTION.

(a) Cause of Action.--Any (1) owner of private farm, ranch, or forest land whose property is subject to eminent domain who suffers injury as a result of a violation of any provision of this title with respect to that property, or (2) any tenant of property that is subject to eminent domain who suffers injury as a result of a violation of any provision of this title with respect to that property, may bring an action to enforce any provision of this title in the appropriate Federal or State court. A State shall not be immune under the 11th Amendment to the Constitution of the United States from any such action in a Federal or State court of competent jurisdiction. In such action, the defendant has the burden to show by clear and convincing evidence that the taking is not for economic development. Any such property owner or tenant may also seek an appropriate relief through a preliminary injunction or a temporary restraining order.

(b) Limitation on Bringing Action.--An action brought by a property owner or tenant under this title may be brought if the property is used for economic development following the conclusion of any condemnation proceedings condemning the property of such property owner or tenant, but shall not be brought later than seven years following the conclusion of any such proceedings.

(c) Attorneys' Fee and Other Costs.--In any action or proceeding under this title, the court shall allow a prevailing plaintiff a reasonable attorneys' fee as part of the costs, and include expert fees as part of the attorneys' fee.

SEC. 13006. REPORTING OF VIOLATIONS TO ATTORNEY GENERAL OR

THE SECRETARY OF AGRICULTURE.

(a) Submission of Report to Attorney General.--Any (1) owner of private farm, ranch, or forest land whose property is subject to eminent domain who suffers injury as a result of a violation of any provision of this title with respect to that property, or (2) any tenant of farm, ranch, or forest land that is subject to eminent domain who suffers injury as a result of a violation of any provision of this title with respect to that property, may report a violation by the Federal Government, any authority of the Federal Government, State, or political subdivision of a State to the Attorney General or the Secretary of Agriculture.

(b) Investigation by Attorney General.--Upon receiving a report of an alleged violation, the Secretary of Agriculture shall transmit the report to the Attorney General. Upon receiving a report of an alleged violation from either a property owner, tenant, or the Secretary of Agriculture, the Attorney General shall conduct an investigation, in cooperation with the Secretary of Agriculture, to determine whether a violation exists.

(c) Notification of Violation.--If the Attorney General concludes that a violation does exist, then the Attorney General shall notify the Federal Government, authority of the Federal Government, State, or political subdivision of a State that the Attorney General has determined that it is in violation of the title. The notification shall further provide that the Federal Government, State, or political subdivision of a State has 90 days from the date of the notification to demonstrate to the Attorney General either that (1) it is not in violation of the title or (2) that it has cured its violation by returning all real property the taking of which the Attorney General finds to have constituted a violation of the title and replacing any other property destroyed and repairing any other property damaged as a result of such violation.

(d) Attorney General's Bringing of Action to Enforce Title.--If, at the end of the 90-day period described in subsection (c), the Attorney General determines that the Federal Government, authority of the Federal Government, State, or political subdivision of a State is still violating the title or has not cured its violation as described in subsection (c), then the Attorney General will bring an action to enforce the title unless the property owner or tenant who reported the violation has already brought an action to enforce the title. In such a case, the Attorney General shall intervene if it determines that intervention is necessary in order to enforce the title. The Attorney General may file its lawsuit to enforce the title in the appropriate Federal or State court. A State shall not be immune under the 11th Amendment to the Constitution of the United States from any such action in a Federal or State court of competent jurisdiction. In such action, the defendant has the burden to show by clear and convincing evidence that the taking is not for economic development. The Attorney General may seek any appropriate relief through a preliminary injunction or a temporary restraining order.

(e) Limitation on Bringing Action.--An action brought by the Attorney General under this title may be brought if the property is used for economic development following the conclusion of any condemnation proceedings condemning the property of an owner or tenant who reports a violation of the title to the Attorney General, but shall not be brought later than seven years following the conclusion of any such proceedings.

(f) Attorneys' Fee and Other Costs.--In any action or proceeding under this title brought by the Attorney General, the court shall, if the Attorney General is a prevailing plaintiff, award the Attorney General a reasonable attorneys' fee as part of the costs, and include expert fees as part of the attorneys' fee.

SEC. 13007. NOTIFICATION BY ATTORNEY GENERAL.

(a) Notification to States and Political Subdivisions.--

(1) In general.--Not later than 30 days after the date of enactment of this Act, the Attorney General shall provide to the chief executive officer of each State the text of this title and a description of the rights of property owners and tenants under this title.

(2) List of federal laws.--Not later than 120 days after the date of enactment of this Act, the Attorney General shall compile a list of the Federal laws under which Federal economic development funds are distributed. The Attorney General shall compile annual revisions of such list as necessary. Such list and any successive revisions of such list shall be communicated by the Attorney General to the chief executive officer of each State and also made available on the Internet website maintained by the United States Department of Justice for use by the public and by the authorities in each State and political subdivisions of each State empowered to take private property and convert it to public use subject to just compensation for the taking.

(b) Notification to Property Owners and Tenants.--Not later than 30 days after the date of enactment of this Act, the Attorney General shall publish in the Federal Register and make available on the Internet website maintained by the United States Department of Justice a notice containing the text of this title and a description of the rights of property owners and tenants under this title.

SEC. 13008. NOTIFICATION BY SECRETARY OF AGRICULTURE.

Not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall publish in the Federal Register and make available on the Internet website maintained by the United States Department of Agriculture a notice containing the text of this title and a description of the rights of property owners and tenants under this title.

SEC. 13009. REPORTS.

(a) By Attorney General.--Not later than 1 year after the date of enactment of this Act, and every subsequent year thereafter, the Attorney General shall transmit a report identifying States or political subdivisions that have used eminent domain in violation of this title to the Chairman and Ranking Member of the Committee on the Judiciary of the House of Representatives, to the Chairman and Ranking Member of the Committee on the Judiciary of the Senate, to the Chairman and Ranking Member of the Committee on Agriculture, Nutrition, and Forestry of the Senate, and to the Chairman and Ranking Member of the Committee of Agriculture of the House. The report shall--

(1) be developed in cooperation with the Secretary of Agriculture;

(2) identify all private rights of action brought as a result of a State's or political subdivision's violation of this title;

(3) identify all violations reported by property owners and tenants under section 13005(c);

(4) identify the percentage of minority residents compared to the surrounding nonminority residents and the median incomes of those impacted by a violation of this title;

(5) identify all lawsuits brought by the Attorney General under section 13005(d);

(6) identify all States or political subdivisions that have lost Federal economic development funds as a result of a violation of this title, as well as describe the type and amount of Federal economic development funds lost in each State or political subdivision and the Agency that is responsible for withholding such funds; and

(7) discuss all instances in which a State or political subdivision has cured a violation as described in section 13002(c).

(b) Duty of States.--Each State and local authority that is subject to a private right of action under this title shall have the duty to report to the Attorney General such information with respect to such State and local authorities as the Attorney General needs to make the report required under subsection (a).

SEC. 13010. DEFINITIONS.

In this title the following definitions apply:

(1) Economic development.--

(A) In general.--The term ``economic development'' means taking private property, without the consent of the owner, and conveying or leasing such property from one private person or entity to another private person or entity for commercial enterprise carried on for profit, or to increase tax revenue, tax base, employment, or general economic health, except that such term shall not include--

(i) conveying private property--

(I) to public ownership, such as for a road, hospital, airport, or military base;

(II) to an entity, such as a common carrier, that makes the property available to the general public as of right, such as a railroad or public facility;

(III) for use as a road or other right of way or means, open to the public for transportation, whether free or by toll; and

(IV) for use as an aqueduct, flood control facility, pipeline, or similar use;

(ii) removing harmful uses of land provided such uses constitute an immediate threat to public health and safety;

(iii) leasing property to a private person or entity that occupies an incidental part of public property or a public facility, such as a retail establishment on the ground floor of a public building;

(iv) acquiring abandoned property;

(v) clearing defective chains of title;

(vi) taking private property for use by a public utility, including a utility providing electric, natural gas, telecommunications, water, and wastewater services, either directly to the public or indirectly through provision of such services at the wholesale level for resale to the public; and

(vii) redeveloping of a brownfield site as defined in the Small Business Liability Relief and Brownfields Revitalization Act (42 U.S.C. 9601(39)).

(B) Abandoned property.--In subparagraph (A)(iv), the term

``abandoned property'' means property--

(i) that has been substantially unoccupied or unused for any commercial, agricultural, residential, or conservation-oriented purpose for at least 1 year by a person with a legal or equitable right to occupy the property;

(ii) that has not been maintained; and

(iii) for which property taxes have not been paid for at least 2 years.

(2) Federal economic development funds.--The term ``Federal economic development funds'' means any Federal funds distributed to or through States or political subdivisions of States under Federal laws designed to improve or increase the size of the economies of States or political subdivisions of States.

(3) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.

SEC. 13011. SEVERABILITY AND EFFECTIVE DATE.

(a) Severability.--The provisions of this title are severable. If any provision of this title, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the title not so adjudicated.

(b) Effective Date.--This title shall take effect upon the first day of the first fiscal year that begins after the date of enactment of this Act, but shall not apply to any project for which condemnation proceedings have been initiated prior to the date of enactment.

SEC. 13012. SENSE OF CONGRESS.

It is the policy of the United States to encourage, support, and promote the private ownership of property and to ensure that the constitutional and other legal rights of private property owners are protected by the Federal Government.

SEC. 13013. BROAD CONSTRUCTION.

This title shall be construed in favor of a broad protection of private property rights, to the maximum extent permitted by the terms of this title and the Constitution.

SEC. 13014. LIMITATION ON STATUTORY CONSTRUCTION.

Nothing in this title may be construed to supersede, limit, or otherwise affect any provision of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

(42 U.S.C. 4601 et seq.). SEC. 13015. REPORT BY FEDERAL AGENCIES ON REGULATIONS AND

PROCEDURES RELATING TO EMINENT DOMAIN.

Not later than 180 days after the date of enactment of this Act, the head of each Executive department and agency shall review all rules, regulations, and procedures and report to the Attorney General on the activities of that department or agency to bring its rules, regulations and procedures into compliance with this title.

SEC. 13016. DISPROPORTIONATE IMPACT ON MINORITIES.

If the court determines that a violation of this title has occurred, and that the violation has a disproportionately high impact on the poor or minorities, the Attorney General shall use reasonable efforts to locate and inform former owners and tenants of the violation and any remedies they may have.

______

SA 1055. Mr. UDALL of New Mexico (for himself and Mr. Heinrich) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1113, line 8, strike ``$10,000,000'' and insert

``$17,000,000''.

______

SA 1056. Mr. VITTER submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the end of subtitle A of title IV, insert the following:

SEC. 4019. ELIGIBILITY DISQUALIFICATIONS FOR CERTAIN

CONVICTED FELONS.

Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) (as amended by section 4004) is amended by adding at the end the following:

``(s) Disqualification for Certain Convicted Felons.--

``(1) In general.--An individual shall not be eligible for benefits under this Act if the individual is convicted of--

``(A) aggravated sexual abuse under section 2241 of title 18, United States Code;

``(B) murder under section 1111 of title 18, United States Code;

``(C) an offense under chapter 110 of title 18, United States Code;

``(D) a Federal or State offense involving sexual assault, as defined in 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); or

``(E) an offense under State law determined by the Attorney General to be substantially similar to an offense described in subparagraph (A), (B), or (C).

``(2) Effects on assistance and benefits for others.--The amount of benefits otherwise required to be provided to an eligible household under this Act shall be determined by considering the individual to whom paragraph (1) applies not to be a member of such household, except that the income and resources of the individual shall be considered to be income and resources of the household.

``(3) Enforcement.--Each State shall require each individual applying for benefits under this Act, during the application process, to state, in writing, whether the individual, or any member of the household of the individual, has been convicted of a crime described in paragraph (1).''.

______

SA 1057. Mrs. FEINSTEIN (for herself, Ms. Collins, Mr. Blumenthal, Ms. Cantwell, Mr. Merkley, Mrs. Boxer, and Mr. Cardin) submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

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

SEC. 122_. HEN HOUSING AND TREATMENT STANDARDS.

(a) Definitions.--Section 4 of the Egg Products Inspection Act (21 U.S.C. 1033) is amended--

(1) by redesignating subsection (a) as subsection (c);

(2) by redesignating subsections (b), (c), (d), (e), (f), and (g) as subsections (f), (g), (h), (i), (j), and (k), respectively;

(3) by redesignating subsections (h) and (i) as subsections

(n) and (o), respectively;

(4) by redesignating subsections (j), (k), and (l) as subsections (r), (s), and (t), respectively;

(5) 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;

(6) 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.

``(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 1 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.'';

(7) by inserting after subsection (c), as redesignated by paragraph (1), 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.'';

(8) by inserting after subsection (k), as redesignated by paragraph (2), 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.'';

(9) by inserting after subsection (o), as redesignated by paragraph (3), 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.'';

(10) by inserting after subsection (t), as redesignated by paragraph (4), 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

(11) 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.''.

(b) 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 (21 U.S.C. 1036) the following new sections:

``SEC. 7A. HOUSING AND TREATMENT OF EGG-LAYING HENS.

``(a) Environmental Enrichments.--

``(1) Existing caging devices.--Beginning 15 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, all existing caging devices shall provide egg-laying hens housed therein adequate environmental enrichments.

``(2) New caging devices.--Beginning 9 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, all new caging devices shall provide egg-laying hens housed therein adequate environmental enrichments.

``(3) Caging devices in california.--

``(A) New caging devices.--All caging devices in California installed after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 shall provide egg-laying hens housed therein adequate environmental enrichments beginning 3 months after that date of enactment.

``(B) Existing caging devices.--All caging devices in California installed before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 shall provide egg-laying hens housed therein adequate environmental enrichments beginning January 1, 2024.

``(b) Floor Space.--

``(1) Existing caging devices.--All existing cages devices shall provide egg-laying hens housed therein--

``(A) beginning 4 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 and until the date that is 15 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, 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 Agriculture Reform, Food, and Jobs Act of 2013, 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.--All new caging devices shall provide egg-laying hens housed therein--

``(A) beginning 3 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 and until the date that is 6 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, 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 6 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 and until the date that is 9 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, 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 9 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 and until the date that is 12 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, 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 Agriculture Reform, Food, and Jobs Act of 2013 and until the date that is 15 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, 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 Agriculture Reform, Food, and Jobs Act of 2013, 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.--

``(A) Existing caging devices.--All caging devices in California installed before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 shall provide egg-laying hens housed therein--

``(i) beginning January 1, 2015, and through December 31, 2023, 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, 2024, a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen.

``(B) New caging devices.--All caging devices in California installed after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 shall provide egg-laying hens housed therein--

``(i) beginning 3 months after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, and through December 31, 2023, 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, 2024, 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.--

``(1) In general.--Beginning 2 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, 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.

``(2) Temporary excess ammonia levels allowed.--Notwithstanding paragraph (1), an egg handler may provide egg-laying hens under the ownership or control of such handler with air quality containing more than 25 parts per million of ammonia for temporary periods as necessary because of extraordinary weather circumstances or other unusual circumstances.

``(d) Forced Molting.--Beginning 2 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, no egg handler may subject any egg-laying hen under his ownership or control to feed-withdrawal or water-withdrawal molting.

``(e) Euthanasia.--Beginning 2 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, an egg handler shall provide, when necessary, all egg-laying hens under his ownership or control with euthanasia that is humane and uses a method deemed `Acceptable' by the American Veterinary Medical Association.

``(f) Prohibition on New Unenrichable Cages.--No person shall build, construct, implement, or place into operation any new caging device for the production of eggs to be sold in commerce unless the device--

``(1) provides the egg-laying hens to be contained therein a minimum of 76 square inches of individual floor space per brown hen or 67 square inches of individual floor space per white hen; and

``(2) is capable of being adapted to accommodate adequate environmental enrichments.

``(g) Exemptions.--

``(1) Recently-installed existing caging devices.--The requirements under 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 on December 31, 2029, 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 under 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.--This section shall not apply to an egg handler who buys, sells, handles, or processes eggs or egg products solely from 1 flock of not more than 3,000 egg-laying hens.

``(4) Educational and research institutions.--The provisions of this section related to housing, treatment, or housing-related labeling shall not apply to egg production at an accredited educational or research institution, or to the purchase, sale, handling, or processing of eggs or egg products in connection with such production.

``(5) Individual enclosures.--The environmental enrichment requirements under subsection (a) shall not apply to any caging device that contains only 1 egg-laying hen.

``(6) Other livestock or poultry production.--This section shall apply only to commercial egg production. This section shall not apply to the production of pork, beef, turkey, dairy, broiler chicken, veal, or other livestock or poultry.

``SEC. 7B. PHASE-IN CONVERSION REQUIREMENTS.

``(a) National Conversion Requirements.--

``(1) First conversion phase.--Beginning 6 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, 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.

``(2) Second conversion phase.--Beginning 12 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, 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.

``(3) Final conversion phase.--Beginning 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.

``(b) California Conversion Requirements.--

``(1) First conversion phase.--Beginning 2 years and 6 months after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, at least 25 percent of the egg-laying hens in commercial egg production in California shall be provided adequate environmental enrichments and a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen.

``(2) Second conversion phase.--Beginning 5 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, at least 50 percent of the egg-laying hens in commercial egg production in California shall be provided adequate environmental enrichments and a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen.

``(3) Third conversion phase.--Beginning 7 years and 6 months after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, at least 75 percent of the egg-laying hens in commercial egg production in California shall be provided adequate environmental enrichments and a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen.

``(4) Final conversion phase.--Beginning 10 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, all egg-laying hens in commercial egg production in California 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 hens.

``(c) Compliance.--

``(1) In general.--At the end of 6 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, the Secretary shall determine, after having reviewed and analyzed the results of an independent, national survey of caging devices, whether--

``(A) the requirements of subsection (a)(1) have been met; and

``(B) the requirements of subsection (b)(2) have been met.

``(2) Requirements met.--If the Secretary finds that the requirements of subsection

(a)(1) 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.

``(3) Requirements not met.--If the Secretary finds that the requirements of subsection (b)(2) have not been met, then beginning 1 year from the date of the Secretary's finding, the floor space and enrichments requirements (irrespective of the date such requirements come into force) contained in subsection (a)(3)(A) and subsection (b)(3)(B)(ii) of section 7A shall apply to all caging devices in California.

``(4) Report.--At the end of 12 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, 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 (a) and (b).

``(5) Relationship to other law.--Notwithstanding section 12, the remedies provided in this subsection shall be the exclusive remedies for violations of this section.''.

(1) in subsection (d), in the first sentence, by inserting

``(other than requirements with respect to housing, treatment, and housing-related labeling)'' after ``as he deems appropriate to assure compliance with such requirements''; and

(2) in subsection (e)--

(A) 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 clause (ii), by inserting ``adequate housing-related labeling and'' after

``contain'';

(B) 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'';

(C) 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

(D) 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 1 flock of not more than 3,000 egg-laying hens.''.

(d) Labeling.--Section 7(a) of the Egg Products Inspection Act of 1970 (21 U.S.C. 1036(a)) is amended by inserting

``adequate housing-related labeling,'' after ``plant where the products were processed,''.

(e) Limitation on Exemptions by Secretary.--Section 15(a) of the Egg Products Inspection Act of 1970 (21 U.S.C. 1044(a)) is amended in the matter preceding paragraph (1) by inserting ``(not including subsection (c) of section 8)'' after ``exempt from specific provisions''.

(f) Imports.--Section 17(a)(2) of the Egg Products Inspection Act of 1970 (21 U.S.C. 1046(a)(2)) is amended 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''.

(g) Enforcement of Hen Housing and Treatment Standards.--Section 8 of the Egg Products Inspection Act (21 U.S.C. 1037) is amended--

(1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively;

(2) 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 1 year after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, 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 provided floor space and enrichments equivalent to that required under subsections (a)(3) and (b)(3) of section 7A of this Act regardless of where the eggs are produced.''; and

(3) in subsection (e) (as redesignated by paragraph (1)) , in the matter preceding paragraph (1), by inserting ``7A,'' after ``section''.

(h) 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 Act 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 Act may not be imposed by any State or local jurisdiction. Otherwise the provisions of this Act shall not invalidate any law or other provisions of any State or other jurisdiction in the absence of a conflict with this Act.''; and

(3) by inserting after subsection (e) (as redesignated by subsection (a)) 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 15 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, 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.''.

(i) Effective Date.--This section shall take effect on the date of enactment of this Act.

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SA 1058. Mr. WHITEHOUSE (for himself and Mr. Udall of New Mexico) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 256, strike line 15 and insert the following:

(I) Climate change benefit projects, including--

(i) enhancing soil quality;

(ii) reducing greenhouse gas emissions; and

(iii) increasing resilience to rising temperatures, extreme weather events, and related climate changes.

(J) Other related activities that the Sec-

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SOURCE: Congressional Record Vol. 159, No. 72