June 13, 2012 sees Congressional Record publish “TEXT OF AMENDMENTS”

June 13, 2012 sees Congressional Record publish “TEXT OF AMENDMENTS”

ORGANIZATIONS IN THIS STORY

Volume 158, No. 89 covering the 2nd Session of the 112th Congress (2011 - 2012) 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 S4153-S4160 on June 13, 2012.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2404. Mr. VITTER (for himself and Mr. Lee) submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the bill, 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 2405. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

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

TITLE XIII--RECREATIONAL FISHING, HUNTING, AND RECREATIONAL SHOOTING

SEC. 13001. SHORT TITLE.

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

SEC. 13002. DEFINITIONS.

In this title:

(1) Federal public land.--

(A) In general.--Except as provided in subparagraph (B), the term ``Federal public land'' means any land or water that is--

(i) owned by the United States; and

(ii) managed by a Federal agency (including the Department of the Interior and the Forest Service) for purposes that include the conservation of natural resources.

(B) Exclusions.--The term ``Federal public land'' does not include--

(i) land or water held or managed in trust for the benefit of Indians or other Native Americans;

(ii) land managed by the Director of the National Park Service or the Director of the United States Fish and Wildlife Service;

(iii) fish hatcheries; or

(iv) conservation easements on private land.

(2) Hunting.--

(A) In general.--Except as provided in subparagraph (B), the term ``hunting'' means use of a firearm, bow, or other authorized means in the lawful--

(i) pursuit, shooting, capture, collection, trapping, or killing of wildlife; or

(ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife.

(B) Exclusion.--The term ``hunting'' does not include the use of skilled volunteers to cull excess animals (as defined by other Federal law).

(3) Recreational fishing.--The term ``recreational fishing'' means--

(A) an activity for sport or for pleasure that involves--

(i) the lawful catching, taking, or harvesting of fish; or

(ii) the lawful attempted catching, taking, or harvesting of fish; or

(B) any other activity for sport or pleasure that can reasonably be expected to result in the lawful catching, taking, or harvesting of fish.

(4) Recreational shooting.--The term ``recreational shooting'' means any form of sport, training, competition, or pastime, whether formal or informal, that involves the discharge of a rifle, handgun, or shotgun, or the use of a bow and arrow.

SEC. 13003. RECREATIONAL FISHING, HUNTING, AND RECREATIONAL

SHOOTING.

(a) In General.--Subject to valid existing rights, and in cooperation with the respective State and fish and wildlife agency, a Federal public land management official shall exercise the authority of the official under existing law

(including provisions regarding land use planning) to facilitate use of and access to Federal public land for recreational fishing, hunting, and recreational shooting except as limited by--

(1) any law that authorizes action or withholding action for reasons of national security, public safety, or resource conservation;

(2) any other Federal law that precludes recreational fishing, hunting, or recreational shooting on specific Federal public land or water or units of Federal public land; and

(3) discretionary limitations on recreational fishing, hunting, and recreational shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process.

(b) Management.--Consistent with subsection (a), the head of each Federal public land management agency shall exercise the land management discretion of the head--

(1) in a manner that supports and facilitates recreational fishing, hunting, and recreational shooting opportunities;

(2) to the extent authorized under applicable State law; and

(3) in accordance with applicable Federal law.

(c) Planning.--

(1) Effects of plans and activities.--

(A) Evaluation of effects on opportunities to engage in recreational fishing, hunting, or recreational shooting.--Federal public land planning documents (including land resources management plans, resource management plans, travel management plans, and energy development plans) shall include a specific evaluation of the effects of the plans on opportunities to engage in recreational fishing, hunting, or recreational shooting.

(B) Other activity not considered.--

(i) In general.--Federal public land management officials shall not be required to consider the existence or availability of recreational fishing, hunting, or recreational shooting opportunities on private or public land that is located adjacent to, or in the vicinity of, Federal public land for purposes of--

(I) planning for or determining which units of Federal public land are open for recreational fishing, hunting, or recreational shooting; or

(II) setting the levels of use for recreational fishing, hunting, or recreational shooting on Federal public land.

(ii) Enhanced opportunities.--Federal public land management officials may consider the opportunities described in clause (i) if the combination of those opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public.

(2) Use of volunteers.--If hunting is prohibited by law, all Federal public land planning document described in paragraph (1)(A) of an agency shall, after appropriate coordination with State fish and wildlife agencies, allow the participation of skilled volunteers in the culling and other management of wildlife populations on Federal public land unless the head of the agency demonstrates, based on the best scientific data available or applicable Federal law, why skilled volunteers should not be used to control overpopulation of wildlife on the land that is the subject of the planning document.

(d) Bureau of Land Management and Forest Service Land.--

(1) Land open.--

(A) In general.--Land under the jurisdiction of the Bureau of Land Management or the Forest Service (including a a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas, but excluding land on the outer Continental Shelf) shall be open to recreational fishing, hunting, and recreational shooting unless the managing Federal public land agency acts to close the land to such activity.

(B) Motorized access.--Nothing in this paragraph authorizes or requires motorized access or the use of motorized vehicles for recreational fishing, hunting, or recreational shooting purposes within land designated as a wilderness study area or administratively classified as wilderness eligible or suitable.

(2) Closure or restriction.--Land described in paragraph

(1) may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interests, national security, or compliance with other law, as determined appropriate by the Director of the Bureau of Land Management or the Chief of the Forest Service, as applicable.

(3) Shooting ranges.--

(A) In general.--Except as provided in subparagraph (C), the head of each Federal public land agency may use the authorities of the head, in a manner consistent with this title and other applicable law--

(i) to lease or permit use of land under the jurisdiction of the head for shooting ranges; and

(ii) to designate specific land under the jurisdiction of the head for recreational shooting activities.

(B) Limitation on liability.--Any designation under subparagraph (A)(ii) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any recreational shooting activity occurring at or on the designated land.

(C) Exception.--The head of each Federal public land agency shall not lease or permit use of Federal public land for shooting ranges or designate land for recreational shooting activities within including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas.

(e) Report.--Not later than October 1 of every other year, beginning with the second October 1 after the date of enactment of this Act, the head of each Federal public land agency who has authority to manage Federal public land on which recreational fishing, hunting, or recreational shooting occurs shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes--

(1) any Federal public land administered by the agency head that was closed to recreational fishing, hunting, or recreational shooting at any time during the preceding year; and

(2) the reason for the closure.

(f) Closures or Significant Restrictions of 1,280 or More Acres.--

(1) In general.--Other than closures established or prescribed by land planning actions referred to in subsection

(d)(2) or emergency closures described in paragraph (3), a permanent or temporary withdrawal, change of classification, or change of management status of Federal public land or water that effectively closes or significantly restricts 1,280 or more contiguous acres of Federal public land or water to access or use for recreational fishing or hunting or activities relating to fishing or hunting shall take effect only if, before the date of withdrawal or change, the head of the Federal public land agency that has jurisdiction over the Federal public land or water--

(A) publishes appropriate notice of the withdrawal or change, respectively;

(B) demonstrates that coordination has occurred with a State fish and wildlife agency; and

(C) submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively.

(2) Aggregate or cumulative effects.--If the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significant restrictions affects 1,280 or more acres of land or water, the withdrawals and changes shall be treated as a single withdrawal or change for purposes of paragraph (1).

(3) Emergency closures.--

(A) In general.--Nothing in this title prohibits a Federal public land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area of Federal public land to provide for public safety, resource conservation, national security, or other purposes authorized by law.

(B) Termination.--An emergency closure under subparagraph

(A) shall terminate after a reasonable period of time unless the temporary closure is converted to a permanent closure consistent with this title.

(g) No Priority.--Nothing in this title requires a Federal agency to give preference to recreational fishing, hunting, or recreational shooting over other uses of Federal public land or over land or water management priorities established by other Federal law.

(h) Consultation With Councils.--In carrying out this title, the heads of Federal public land agencies shall consult with the appropriate advisory councils established under Executive Order 12962 (16 U.S.C. 1801 note; relating to recreational fisheries) and Executive Order 13443 (16 U.S.C. 661 note; relating to facilitation of hunting heritage and wildlife conservation).

(i) Authority of States.--

(1) In general.--Nothing in this title interferes with, diminishes, or conflicts with the authority, jurisdiction, or responsibility of any State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water within the State, including on Federal public land.

(2) Federal licenses.--

(A) In general.--Except as provided in subparagraph (B), nothing in title section authorizes the head of a Federal public land agency head to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the State.

(B) Migratory bird stamps.--This paragraph shall not affect any migratory bird stamp requirement of the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a et seq.).

______

SA 2406. Mr. REID proposed an amendment to amendment SA 2391 proposed by Mr. Reid to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. _____. ELIMINATION OF CERTAIN WORKING LANDS CONSERVATION

PROGRAMS.

(a) 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.

(b) Environmental Quality Incentives Program.--Chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) is repealed.

______

SA 2407. Mr. REID proposed an amendment to amendment SA 2406 proposed by Mr. Reid to the amendment SA 2391 proposed by Mr. Reid to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. 12____. FUNDING.

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

______

SA 2408. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 12___. YOUNG AND BEGINNING FARMER AND RANCHER LOAN FUND

AND PROGRAM.

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

``SEC. 4.22. YOUNG AND BEGINNING FARMER AND RANCHER LOAN FUND

AND PROGRAM.

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

``(1) Eligible borrower.--The term `eligible borrower' means an agricultural producer who, as determined by the Secretary--

``(A) is not more than 35 years old;

``(B)(i) has experience of at least 3 years in operating a farm or ranch; but

``(ii) has not more than 10 years of total farming or ranching experience;

``(C) for the immediately preceding complete taxable year had an average adjusted gross farm income (as defined in section 1001D of the Farm Security Act of 1985 (7 U.S.C. 1308 3a) of not more than $250,000;

``(D) meets the creditworthiness standards of the Farm Service Agency; and

``(E) has received, or commits to obtain, a minimum quantity of training in agricultural production and financial management.

``(2) Fund.--The term `Fund' means the Young and Beginning Farmer and Ranchers Loan Fund established by subsection (b).

``(3) Funding institution.--The term `funding institution' means an entity that, during the immediately preceding taxable year--

``(A) was part of the Farm Credit System;

``(B) was subject to regulation by the Farm Credit Administration; and

``(C) had net income resulting from tax-exempt earnings on real estate lending.

``(4) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Administrator of the Farm Service Agency.

``(b) Young and Beginning Farmer and Ranchers Loan Fund.--

``(1) Establishment of fund.--

``(A) In general.--There is established in the Treasury of the United States a fund to be known as the `Young and Beginning Farmer and Ranchers Loan Fund', to be administered by the Secretary, to be available without fiscal year limitation and not subject to appropriation.

``(B) Use of funds.--Amounts in the Fund may be used by the Secretary for--

``(i) the costs of making loans to eligible borrowers for use as collateral toward the purchase of farm or ranch land in accordance with subsection (c);

``(ii) the provision of training in agricultural production and financial management to eligible borrowers; and

``(iii) the making of grants to States under subsection

(d).

``(C) Relationship to other authorities.--The authority and funding for loans described in subsection (c) shall be in addition to any other authority of the Secretary for providing such loans to eligible borrowers.

``(2) Transfers to fund.--

``(A) In general.--The Fund shall consist of--

``(i) such amounts as are transferred to the Fund by funding institutions under subparagraph (B);

``(ii) such amounts as are received from any payment made with respect to any loan made from the Fund; and

``(iii) appropriations equivalent to the taxes received in the Treasury under section 4968 of the Internal Revenue Code of 1986.

``(B) Transfers.--Not later than an annual date determined by the Secretary, each funding institution shall be required to--

``(i) transfer into the Fund an amount equal to 10 percent of the dollar value of the tax-exemption of the institution under the Internal Revenue Code of 1986 for the immediately preceding taxable year as determined by the Secretary of the Treasury, or

``(ii) provide such evidence as the Secretary determines necessary to show that such institution loaned at least such amount to eligible borrowers during such preceding taxable year at an interest rate specified in subsection (c)(4).

``(3) Prohibition.--Amounts in the Fund may not be made available for any purpose other than a purpose described in paragraph (1)(B).

``(c) Loan Program.--

``(1) In general.--The Secretary shall carry out a loan program under which eligible borrowers may apply for loans for use as collateral toward the purchase of farm or ranch land.

``(2) Use of loan.--An eligible borrower may use a loan under this subsection in conjunction with other loans made by--

``(A) the Farm Service Agency;

``(B) an institution that is part of the Farm Credit System; or

``(C) a bank or credit union that is subject to safety and soundness examination by an agency of Federal or State government, including the Farm Service Agency.

``(3) Amount.--

``(A) In general.--The total amount that an eligible borrower may borrow under this subsection is $300,000.

``(B) Individual loan maximum.--The total amount of any 1 loan under this subsection shall not exceed the lesser of--

``(i) the lesser of--

``(I) 10 percent of the appraised value of the land to be purchased; and

``(II) 10 percent of the purchase price of the land; and

``(ii) $250,000.

``(4) Interest rate.--A loan under this subsection shall have an interest rate equal to the lesser of--

``(A) 1.5 percent; and

``(B) the then current cost of funds to the Department of the Treasury for obligations with a 10-year maturity.

``(5) Repayment.--

``(A) In general.--The repayment of a loan under this subsection shall be amortized over a 30-year period, with a balloon payment due for the entire unpaid balance of the loan due on the earlier of--

``(i) the date that is 20 years after the date on which the loan is made; or

``(ii) the date on which the land is sold.

``(B) Default.--

``(i) In general.--If an eligible borrower fails to use the land subject to a loan under this subsection for an agricultural use for a minimum usage period as determined by the Secretary, the loan shall be considered in default and become due and payable.

``(ii) Sale of land.--Subject to subparagraph (C), if an eligible borrower sells or otherwise disposes of an interest in the land subject to a loan under this subsection without the prior permission of the Secretary, the loan shall be considered in default and become due and payable.

``(C) Death or disability.--

``(i) In general.--If an eligible borrower dies or becomes disabled, a loan under this subsection may be assumed by another eligible borrower, including an immediate family member of the original borrower who has been involved in the agricultural operation, as determined by the Secretary.

``(ii) No assumption of debt.--If no eligible borrower is able or willing to assume the loan, the loan shall be due and payable--

``(I) in the case of death of the original borrower, not later than 18 months after the date of death; and

``(II) in the case of disability of the original borrower, not later than 18 months after the determination of disability by an appropriate agency.

``(6) Collateralization.--Notwithstanding applicable State law, the total amount of indebtedness of an eligible borrower in relation to the purchase of land subject to a loan under this subsection shall be fully collateralized in an amount that does not exceed the appraised value of the land being purchased, so that all creditors involved in financing the purchase of the land are considered secured creditors.

``(d) Grants to States.--

``(1) Purpose.--The purpose of the grants made available under this subsection is to develop State-based local farm and food-product economies to revitalize rural and urban communities, promote healthy eating, create jobs, and support economic growth by making local farm and food products more available locally.

``(2) Program.--The Secretary shall use not less than one-fourth of the amounts available in the Fund each fiscal year to make grants to States to assist in the development of local farm economies, including the creation of new markets for local farm products, such as the sale of fresh produce by local agricultural producers to schools.

``(3) Eligibility.--To be eligible to receive a grant under this subsection, a State shall--

``(A) submit to the Secretary a plan that describes--

``(i) the manner in which the State intends to use the grant funds to support small and beginning agricultural producers who are starting or expanding operations to supply local and regional markets as part of a strategy to rebuild and reinvest in rural areas; and

``(ii) which agency of the State will carry out the plan; and

``(B) agree to submit to the Secretary reports at such intervals and containing such information as the Secretary determines to be necessary to ensure that the State is using the grant funds in accordance with the purpose of this subsection.

``(4) Oversight.--The Small Farms and Beginning Farmers and Ranchers Council shall oversee the program in consultation with the Advisory Committee on Beginning Farmers and Ranchers established under section 5(b) of the Agricultural Credit Improvement Act of 1992 (7 U.S.C. 1929 note; Public Law 102-554)

``(e) Reports.--

``(1) In general.--The Secretary shall submit regular programmatic reports on the status of the Fund and the program under this section to the Advisory Committee on Beginning Farmers and Ranchers established under section 5(b) of the Agricultural Credit Improvement Act of 1992 (7 U.S.C. 1929 note; Public Law 102-554). .

``(2) Reports to congress.--Not later than 60 days after the end of each fiscal year beginning with fiscal year 2013, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Agriculture of the House of Representatives a report on the operation of the Fund during the fiscal year.

``(3) Contents.--Each report submitted under paragraph (2) shall include, for the fiscal year covered by the report, the following:

``(A) A statement of the amounts deposited into the Fund.

``(B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures.

``(C) Recommendations, developed in consultation with the Advisory Committee described in paragraph (1), for additional authorities to fulfill the purpose of the Fund.

``(D) A statement of the balance remaining in the Fund at the end of the fiscal year.

``(f) Reports on Lending Data by Funding Institutions.--The Farm Credit Administration shall--

``(1) require each funding institution to annually aggregate and report all lending data by individual eligible borrower, and

``(2) annually report this lending activity to the Secretary and Congress.''.

(b) Excise Tax on Failure to Transfer Required Amount to Young and Beginning Farmer and Ranchers Loan Fund.--

(1) In general.--Chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter:

``Subchapter H--Failure to Transfer Required Amount to Young and

Beginning Farmer and Ranchers Loan Fund

``Sec. 4968. Failure to transfer required amount to Young and Beginning

Farmer and Ranchers Loan Fund.

``SEC. 4968. FAILURE TO TRANSFER REQUIRED AMOUNT TO YOUNG AND

BEGINNING FARMER AND RANCHERS LOAN FUND.

``(a) In General.--If a funding institution fails to transfer any portion of the amount required to be transferred to the Young and Beginning Farmer and Ranchers Loan Fund under section 4.22(b)(2)(B)(i) of Farm Credit Act of 1971 on the date such transfer is due, there is imposed on such date a tax equal to such portion.

``(b) Funding Institution.--For purposes of this section, the term `funding institution' has the meaning given such term by section 4.22(a)(3) of such Act.''.

(2) Conforming amendment.--The table of subchapters for chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

``subchapter h--failure to transfer required amount to young and beginning farmer and ranchers loan fund''.

(3) Effective date.--The amendments made by this subsection shall apply to failures occurring after the date of the enactment of this Act.

______

SA 2409. Mr. KOHL submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following: SEC. __. TAX SUBSIDIES FOR MEMBERS OF AGRICULTURAL

COOPERATIVES.

Section 36B(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following:

``(4) Eligibility for members of agricultural cooperatives.--

``(A) In general.--Members of agricultural cooperatives that were in existence on March 23, 2010, shall be considered to be enrolled in a qualified health plan if--

``(i) such members purchase their health insurance coverage--

``(I) through their agricultural cooperative rather than through an Exchange; or

``(II) from a health care cooperative organized to provide health care coverage for agricultural producers and agribusinesses; and

``(ii) the agricultural cooperative health plan meets all the minimum benefit requirements of a qualified health plan.

``(B) Definition.--For the purposes of this subsection, the term `members of agricultural cooperatives' means farmers and agri-business owners who meet membership criteria of the legally established agricultural cooperatives in which they are enrolled, in addition to their spouses and dependents, and their employees, their spouses and dependents.''.

______

SA 2410. Mr. THUNE submitted an amendment intended to be proposed to amendment SA 2186 submitted by Mr. Coburn (for himself and Mr. Durbin) and intended to be proposed to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

On page 2 of the amendment, strike line 21 and insert the following:

erage 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 approved insurance providers, 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 amount of premiums paid by participating producers;

``(IV) any potential liability for approved insurance providers;

``(V) any crops or growing regions that may be disproportionately impacted;

``(VI) program rating structures;

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

``(VIII) underwriting gains and losses.

``(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) 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 availability of crop insurance services to producers; and

``(III) increase the costs to the Federal government to administer the Federal crop insurance program established under this subtitle.''.

______

SA 2411. Mr. UDALL of New Mexico submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

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

``SEC. 3707. 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 2412. Mr. UDALL of New Mexico submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

On page 751, strike line 23 and insert the following:

``SEC. 3915. COMMUNITY LAND GRANT-MERCEDES.

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

``(1) Spanish and Mexican community 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 community land grant-mercedes due to manipulations and unfulfilled commitments;

``(3) the community 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 community land grant-mercedes.

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

``(1) Community land grant-mercedes.--The term `community land grant-mercedes' means a political subdivision of a State that is part of the United States and is located on land that was granted by the government of Spain or the government of Mexico to--

``(A) a community, town, colony, or pueblo; or

``(B) a person for the purpose of founding or establishing a community, town, colony, or pueblo.

``(2) Land grant council.--The term `land grant council' means an agency of a State government established by law--

``(A) to provide support to land grants-mercedes; and

``(B) to serve as a liaison between land grant-mercedes and other State agencies and the Federal government.

``(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 community land grant-mercedes and land grant councils for the purpose of carrying out economic and community development initiatives under--

``(A) the water and waste disposal systems for rural communities program under section 3501;

``(B) the Special Evaluation Assistance for Rural Communities and Households (SEARCH) program under section 3501(e)(6);

``(C) the community facility grant program under section 3502;

``(D) the program of rural business development grants under section 3601(a)(3)(A);

``(E) the program of rural business enterprise grants under section 3601(a)(3)(B);

``(F) the rural microentrepreneur assistance program under section 3601(f)(2); and

``(G) 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 community 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.

``SEC. 3916. REGULATIONS.

______

SA 2413. Mr. BLUMENTHAL (for himself, Mr. Lieberman, and Mr. Merkley) submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

On page 1003, strike lines 16 through 25 and insert the following:able; and'';

(ii) in subparagraph (B)--

(I) by inserting ``(except ferns)'' after

``floricultural'';

(II) by inserting ``(except ferns)'' after ``ornamental nursery''; and

(III) by striking ``(including ornamental fish)'' and inserting ``(regardless of production method and including ornamental fish, but excluding tropical fish)''; and

(iii) by adding at the end the following:

``(D) Aquaculture crops.--The Secretary shall not exclude an aquaculture crop from the definition of eligible crops under this paragraph solely because the aquaculture crop is not planted or seeded in a container, wire basket, net pen, or any other similar device that is designed for the protection and containment of seeded aquacultural species.'';

______

SA 2414. Mr. PRYOR (for himself, Mr. Boozman, Mr. Reed, Mr. Nelson of Florida, and Mrs. McCaskill) submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 122__. CRITERIA AND NOTICE FOR CLOSURE OR RELOCATION OF

LOCAL OFFICES OF DEPARTMENT OF AGRICULTURE.

(a) Criteria.--Prior to selecting State, county, or field offices of the Farm Service Agency, the Under Secretary for Rural Development, or the Natural Resources Conservation Service (referred to in this section as a ``covered office'') for closure, the Secretary shall consider--

(1) the cost saved from closing each covered office;

(2) the driving distance between each covered office and the closest covered office;

(3) the number of citizens served;

(4) after an evaluation of the workload of each covered office, the overall workload of the covered office;

(5) the average number of employees staffed in each covered office during the preceding 5-calendar year period;

(6) the number of covered offices within each county; and

(7) in the case of local offices of the Farm Service Agency--

(A) the total number of reported planted acres covered by each office; and

(B) the total number of reported livestock covered by each office.

(b) Public Disclosure.--Prior to the closure of a covered office, the Secretary shall publish in the Federal Register--

(1) a list of covered offices that are proposed to be closed; and

(2) a description of the formula used to select the covered offices for closure.

(c) Congressional Disclosure.--Not later than 3 days before public disclosure under subsection (b), the Secretary shall submit the information described in subsection (b) to--

(1) the Committee on Agriculture of the House of Representatives;

(2) the Committee on Appropriations of the House of Representatives;

(3) the Committee on Agriculture, Nutrition, and Forestry of the Senate;

(4) the Committee on Appropriations of the Senate;

(5) each Member of the Senate representing the State in which a covered office proposed to be closed is located; and

(6) the Member of the House of Representatives who represents the Congressional district in which a covered office proposed to be closed is located.

(d) Public Meeting and Notice.--The Secretary may not close a covered office unless--

(1) not later than 30 days after the Secretary proposes to close the covered office, the Secretary holds a public meeting regarding the proposed closure in the county in which the covered office is located; and

(2) after the public meeting described in paragraph (1) but not later than 90 days before the date on which the Secretary approves the closure of the covered office, the Secretary submits to each Committee and Member described in subsection

(c) notice of the proposed closure of the covered office.

(e) Presence After Closure.--The Secretary shall ensure that employees of the Department of Agriculture--

(1) maintain a presence in counties without a covered office by frequently and consistently sending to the affected counties employees of the same agency for consultation; and

(2) use any remaining office of the Department of Agriculture in an affected county as a location for maintaining a presence in the affected county.

______

SA 2415. Mr. PRYOR (for himself and Mr. Wicker) submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

In section 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 2416. Mr. PRYOR (for himself and Mr. Blunt) submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

On page 880, strike lines 5 through 15 and insert the following:

SEC. 9001. DEFINITIONS.

Section 9001 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101) is amended--

(1) by striking paragraph (4) and inserting the following:

``(4) Biobased product.--

``(A) In general.--The term `` `biobased product' '' means a product determined by the Secretary to be a commercial or industrial product (other than food or feed) that is--

``(i) composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials ; or

``(ii) an intermediate ingredient or feedstock.

``(B) Inclusion.--The term `biobased product', with respect to forestry materials, includes forest products that meet biobased content requirements, notwithstanding market maturity.'';

(2) by redesignating paragraphs (9), (10), (11), (12),

(13), and (14) as paragraphs (10), (11), (12), (13), (15), and (16), respectively;

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

``(9) Forest product.--

``(A) In general.--The term `forest product' means a product made from materials derived from the practice of forestry or the management of growing timber.

``(B) Inclusions.--The term `forest product' includes--

``(i) pulp, paper, paperboard, pellets, lumber, and other wood products; and

``(ii) any recycled products derived from forest materials.''; and

(4) by inserting after paragraph (13) (as so redesignated) the following:

``(14) Renewable chemical.--The term `renewable chemical' means a monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass.''.

______

SA 2417. Mr. UDALL of New Mexico (for himself and Mr. Bingaman) submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

On page 988, between lines 22 and 23, insert the following:

(A) in paragraph (1), by inserting ``and veteran farmers and ranchers'' after ``ranchers'';

On page 988, line 23, strike ``(A)'' and insert ``(B)''.

On page 988, line 26, strike ``(B)'' and insert ``(C)''.

On page 989, lines 9 and 10, strike ``$5,000,000 for each of fiscal years 2013 through 2017'' and insert

``$150,000,000, to remain available until expended''.

On page 989, line 19, strike ``and'' after the semicolon.

On page 990, line 3, strike the period and insert ``; and''.

On page 990, between lines 3 and 4, insert the following:

(5) in subsection (e)(5)(A), by inserting ``and veteran farmers and ranchers'' after ``ranchers'' each place it appears in clauses (i) and (ii).

On page 990, between lines 13 and 14, insert the following:

(c) Reports.--

(1) Initial report.--Not later than 180 days after the date of enactment of this Act, the head of the Office of Advocacy and Outreach of the Department of Agriculture shall submit to Congress a report describing the extent and means of compliance by the Office with the recommendations of the Office of the Inspector General of the Department of the Agriculture contained in the audit report entitled ``Controls over the Grant Management Process of the Office of Advocacy and Outreach - Section 2501 Program Grantee Selection for Fiscal Year 2012'', numbered 91011 0001 21, and dated May 18, 2012.

(2) Subsequent report.--Not later than 18 months after the date of enactment of this Act, the head of the Office of Advocacy and Outreach shall submit to Congress a follow-up report describing the extent and means of compliance by the Office with the control measures contained in the audit report described in paragraph (1) relating to the grant management process of the Office with respect to program grantee selection under section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279).

______

SA 2418. Mr. LIEBERMAN (for himself and Mr. Reed) submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

On page 196, strike lines 3 through 16 and insert the following:

``(g) Wildlife Habitat Incentive Practice.--

``(1) Definition of eligible land.--

``(A) In general.--Notwithstanding section 1240A, in this subsection, the term `eligible land' has such meaning as the applicable State conservationist, in consultation with the State technical committee, shall establish, in accordance with subparagraph (B).

``(B) Requirements.--

``(i) Restriction.--The definition of `eligible land' shall include only non-Federal land.

``(ii) Deadline.--An initial definition under subparagraph

(A) shall be established not more than 180 days after the date of enactment of this Act.

``(iii) Review.--Each definition of `eligible land' shall be reviewed by the applicable State technical committee not less frequently than once each year.

``(2) Payments.--The Secretary shall provide payments under the program for conservation practices that support the restoration, development, and improvement of wildlife habitat on eligible land, including--

``(A) upland wildlife habitat;

``(B) wetland wildlife habitat;

``(C) habitat for threatened and endangered species;

``(D) fish habitat;

``(E) habitat in riparian areas and waterways;

``(F) habitat on pivot corners and other irregular areas of a field; and

``(G) other types of wildlife habitat, as determined by the Secretary.''.

______

SA 2419. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. DEFINITION OF FOOD.

Section 3(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(k)) is amended by inserting before the period at the end the following: ``, except that a food, food product, meal, or other item described in this subsection shall be considered a food under this Act only if the Secretary determines that the food, food product, meal, or other item is necessary for essential nutrition''.

______

SA 2420. Mr. INOUYE submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 12207. VARIANCE FOR GEOGRAPHICALLY ISOLATED SHELL EGG

PRODUCERS.

Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following:

``SEC. 424. VARIANCE FOR GEOGRAPHICALLY ISOLATED SHELL EGG

PRODUCERS.

``(a) Shell Egg Variance.--A State without a shell breaking facility may request a variance from part 118 of title 21, Code of Federal Regulations (or any successor regulations) on behalf of egg producers located in such State. Such request shall describe the variance requested and present information demonstrating that the variance does not increase the likelihood that the shell eggs for which the variance is requested will be contaminated with Salmonella Enteritidis, and that the variance provides a similar level of public health protection as the requirements of the regulations under part 118 of title 21, Code of Federal Regulations (or any successor regulations).

``(b) Action on Variances.--

``(1) Timing.--The Secretary shall review a request for a variance within a reasonable timeframe.

``(2) Approval of variances.--The Secretary may approve a variance in whole or in part, as appropriate, and may specify the scope of applicability of a variance to other similarly situated persons.

``(3) Denial of variances.--The Secretary may deny a variance request if the Secretary determines that such variance is not reasonably likely to ensure the safety of shell eggs and is not reasonably likely to provide the same level of public health protection as the requirements of part 118 of title 21, Code of Federal Regulations (or any successor regulations). The Secretary shall notify the person requesting such variance of the reasons for the denial.

``(4) Modification or revocation of a variance.--The Secretary, after notice and an opportunity for a hearing, may modify or revoke a variance if the Secretary determines that such variance is not reasonably likely to ensure that the shell eggs will test negative for Salmonella Enteritidis and is not reasonably likely to provide the same level of public health protection as the requirements of part 118 of title 21, Code of Federal Regulations (or any successor regulations).''.

______

SA 2421. Mr. PAUL (for himself, Mr. Inhofe, and Mr. Graham) submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

Strike subtitle A of title IV and insert the following:

Subtitle A--Nutrition Assistance Block Grant Program

SEC. 4001. NUTRITION ASSISTANCE BLOCK GRANT PROGRAM.

(a) In General.--For each of fiscal years 2014 through 2021, the Secretary shall establish a nutrition assistance block grant program under which the Secretary shall make annual grants to each participating State that establishes a nutrition assistance program in the State and submits to the Secretary annual reports under subsection (d).

(b) Requirements.--As a requirement of receiving grants under this section, the Governor of each participating State shall certify that the State nutrition assistance program includes--

(1) work requirements;

(2) mandatory drug testing;

(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, 2012.

(c) Amount of Grant.--For each fiscal year, the Secretary shall make a grant to each participating State in an amount equal to the product of--

(1) the amount made available under section 4002 for the applicable fiscal year; and

(2) the proportion that--

(A) the number of legal residents in the State whose income does not exceed 100 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act

(42 U.S.C. 9902(2), including any revision required by such section)) applicable to a family of the size involved; bears to

(B) the number of such individuals in all participating States for the applicable fiscal year, based on data for the most recent fiscal year for which data is available.

(d) Annual Report Requirements.--

(1) In general.--Not later than January 1 of each year, each State that receives a grant under this section shall submit to the Secretary a report that shall include, for the year covered by the report--

(A) a description of the structure and design of the nutrition assistance program of the State, including the manner in which residents of the State qualify for the program;

(B) the cost the State incurs to administer the program;

(C) whether the State has established a rainy day fund for the nutrition assistance program of the State; and

(D) general statistics about participation in the nutrition assistance program.

(2) Audit.--Each year, the Comptroller General of the United States shall--

(A) conduct an audit on the effectiveness of the nutritional assistance block grant program and the manner in which each participating State is implementing the program; and

(B) not later than June 30, submit to the appropriate committees of Congress a report describing--

(i) the results of the audit; and

(ii) the manner in which the State will carry out the supplemental nutrition assistance program in the State, including eligibility and fraud prevention requirements.

(e) Use of Funds.--

(1) In general.--A State that receives a grant under this section may use the grant in any manner determined to be appropriate by the State to provide nutrition assistance to the legal residents of the State.

(2) Availability of funds.--Grant funds made available to a State under this section shall--

(A) remain available to the State for a period of 5 years; and

(B) after that period, shall--

(i) revert to the Federal Government to be deposited in the Treasury and used for Federal budget deficit reduction; or

(ii) if there is no Federal budget deficit, be used to reduce the Federal debt in such manner as the Secretary of the Treasury considers appropriate.

SEC. 4002. FUNDING.

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

(1) for fiscal year 2014, $44,400,000,000;

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

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

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

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

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

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

(8) for fiscal year 2021, $52,800,000,000.

(b) Discretionary Spending Limit Adjustment.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended--

(1) in paragraph (3), by striking the figure and inserting

``$1,110,400,000,000'';

(2) in paragraph (4), by striking the figure and inserting

``$1,131,500,000,000'';

(3) in paragraph (5), by striking the figure and inserting

``$1,153,600,000,000'';

(4) in paragraph (6), by striking the figure and inserting

``$1,178,800,000,000'';

(5) in paragraph (7), by striking the figure and inserting

``$1,205,000,000,000'';

(6) in paragraph (8), by striking the figure and inserting

``$1,232,200,000,000'';

(7) in paragraph (9), by striking the figure and inserting

``$1,259,500,000,000''; and

(8) in paragraph (10), by striking the figure and inserting

``$1,286,800,000,000''.

(c) Discretionary Cap Adjustment for New Program Spending.--Section 251A(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(2)) is amended--

(1) in subparagraph (B)(ii), by striking the figure and inserting ``$554,400,000,000'';

(2) in subparagraph (C)(ii), by striking the figure and inserting ``$565,500,000,000'';

(3) in subparagraph (D)(ii), by striking the figure and inserting ``$576,600,000,000'';

(4) in subparagraph (E)(ii), by striking the figure and inserting ``$588,800,000,000'';

(5) in subparagraph (F)(ii), by striking the figure and inserting ``$602,000,000,000'';

(6) in subparagraph (G)(ii), by striking the figure and inserting ``$616,200,000,000'';

(7) in subparagraph (H)(ii), by striking the figure and inserting ``$629,500,000,000''; and

(8) in subparagraph (I)(ii), by striking the figure and inserting ``$642,800,000,000''.

SEC. 4003. REPEALS.

(a) In General.--Effective September 30, 2013, 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, 2013, 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, 2013, 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

(C) by striking subparagraph (C).

(3) Entitlement authority.--Effective September 30, 2013, 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) by striking subparagraph (B).

(4) Other direct spending.--Effective September 30, 2013, section 1026(5) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 691e(5)) 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

(C) by striking subparagraph (C).

(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 subtitle.

SEC. 4004. 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, 2013, 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).

______

SA 2422. Mrs. FEINSTEIN (for herself, Mrs. Boxer, and Mr. Kyl) submitted an amendment intended to be proposed by her to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 2207 and insert the following:

SEC. 2207. CONSERVATION INNOVATION GRANTS AND PAYMENTS.

Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa 8) is amended--

(1) in subsection (b)(2), by striking ``2012'' and inserting ``2017''; and

(2) by adding at the end the following:

``(c) Reporting.--Not later than December 31, 2013, and every 2 years thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of projects funded under this section, including--

``(1) funding awarded;

``(2) project results; and

``(3) incorporation of project findings, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary.''.

____________________

SOURCE: Congressional Record Vol. 158, No. 89

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