S.Amdt. 3790

TEXT OF AMENDMENTS

SA 3784. Mr. HARKIN submitted an amendment intended to be proposed to
amendment SA 3756 submitted by Mr. Roberts and intended to be proposed
to the amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

Beginning on page 1 of the amendment, strike line 6 and all
that follows through page 3, line 25, and insert the
following:
``(o) Crop Insurance Ineligibility Relating to Crop
Production on Grassland.--
``(1) Definition of grassland.--
``(A) In general.--In this subsection, the term `grassland'
means rangeland and native grassland that is not listed as
cropland on a map maintained by the Secretary at 1 or more
local service centers.
``(B) Exception.--The term `grassland' does not include
land described in subparagraph (A) if the producer verifies
to the satisfaction of the Secretary that the land was in
crop production prior to July 1, 2007.
``(2) Ineligibility.--Grassland on which an agricultural
commodity is planted for which a policy or plan of insurance
is available under this title shall be permanently ineligible
for benefits under this title.''.
(b) Noninsured Crop Disaster Assistance.--Section 196(a) of
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333(a)) is amended by adding at the end the
following:
``(4) Program ineligibility relating to crop production on
grassland.--
``(A) Definition of grassland.--
``(i) In general.--In this paragraph, the term `grassland'
means rangeland and native grassland that is not listed as
cropland on a map maintained by the Secretary at 1 or more
local service centers.
``(ii) Exception.--The term `grassland' does not include
land described in clause (i) if the producer verifies to the
satisfaction of the Secretary that the land was in crop
production prior to July 1, 2007.
``(B) Ineligibility.--Native sod acreage on which an
agricultural commodity is planted for which a policy or plan
of Federal crop insurance is available shall be permanently
ineligible for benefits under this section.''.
(c) Increased Funding for Grassland Reserve Program.--In
addition to amounts made available under this Act and
amendments made by this Act, the Secretary shall use such
additional amounts as are made available as a result of the
amendments made by this section to carry out the grassland
reserve program established under subchapter C of chapter 2
of subtitle D of title

[[Page S14647]]

XII of the Food Security Act of 1985 (16 U.S.C. 3838n et
seq.).
______

SA 3785. Mr. REED (for himself and Mr. Whitehouse) submitted an
amendment intended to be proposed to amendment SA 3639 submitted by Mr.
Harkin (for himself and Ms. Murkowski) and intended to be proposed to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

On page 20 of the amendment, after line 9, insert the
following:
(c) Effect of Section.--Nothing in this section or an
amendment made by this section limits the authority of any
State to enforce a requirement that is more stringent than
the requirements of this section and the amendment made by
this section, if the State requirement is in existence on the
date of enactment of this Act.
______

SA 3786. Mrs. LINCOLN submitted an amendment intended to be proposed
to amendment SA 3695 submitted by Mr. Dorgan (for himself and Mr.
Grassley) and intended to be proposed to the bill H.R. 2419, to provide
for the continuation of agricultural programs through fiscal year 2012,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 4 of the amendment, strike lines 8 through 18, and
insert the following:
shall not exceed $20,000 (as adjusted under subsection
(c)(2)) in the case of corn).'';
(3) by striking subsection (c) and inserting the following:
``(c) Limitation on Counter-Cyclical Payments.--
``(1) In general.--The total amount of counter-cyclical
payments that an individual or entity may receive, directly
or indirectly, during any crop year under part I or III of
subtitle A or C of the Food and Energy Security Act of 2007
for 1 or more covered commodities and peanuts, or average
crop revenue payments determined under section 1401(b)(3) of
that Act, shall not exceed $30,000 (as adjusted under
paragraph (2) in the case of corn).
``(2) Special rule for corn.--
``(A) In general.--For each crop year, the Secretary shall
calculate a per bushel ethanol benefit for corn resulting
from Federal incentives for ethanol.
``(B) Reduction in payments.--
``(i) Reduction of direct payment.--The maximum amount of
direct payments that an individual legal entity is entitled
to receive for a crop year for corn under subsection (b), or
average crop revenue payments determined under section
1401(b)(2) of the Food and Energy Security Act of 2007, shall
be reduced by an amount equal to the product obtained by
multiplying--

``(I) the amount of the ethanol benefit calculated under
subparagraph (A); by
``(II) the actual quantity of corn produced by the
individual or entity during the preceding crop year.

``(ii) Reduction of counter-cyclical payments.--If the
amount calculated under subclauses (I) and (II) of clause (i)
for an individual or entity exceeds the amount of direct
payments the individual or entity would otherwise be entitled
to receive under subsection (b) for corn, the maximum amount
of counter-cyclical payments for corn that the individual or
entity is entitled to receive under paragraph (1), or average
crop revenue payments determined under section 1401(b)(3) of
the Food and Energy Security Act of 2007, shall be reduced by
the excess amount.'';
______

SA 3787. Mrs. LINCOLN submitted an amendment intended to be proposed
to amendment SA 3667 submitted by Mr. Harkin (for himself, Mr. Enzi,
Mr. Johnson, Mr. Barrasso, Mr. Dorgan, Mr. Grassley, Mr. Feingold, and
Mr. Tester) and intended to be proposed to the amendment SA 3500
proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr.
Grassley) to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

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

SEC. 10207. COMPETITIVE INJURY STUDY.

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. 208. COMPETITIVE INJURY STUDY.

``Not later than January 1, 2009, the Secretary, in
consultation with the Attorney General of the United States,
shall conduct, and submit to Congress a report describing the
results of, a review of--
``(1) the means by which the competitive injury standard
has affected parties to civil actions filed pursuant to this
Act;
``(2) whether the standard of review applicable to
anticompetitive cases regarding the agricultural industry is
consistent with the standard of review applicable to
anticompetitive cases regarding other industries;
``(3) the potential impact on agricultural markets of
eliminating the competitive injury requirement from laws
(including regulations) applicable to agricultural markets;
and
``(4) the impact on agricultural and nonagricultural
industries, trade, and prices paid by consumers of
eliminating the competitive injury standard.''.
______

SA 3788. Mrs. LINCOLN submitted an amendment intended to be proposed
to amendment SA 3764 submitted by Ms. Klobuchar (for herself, Mr.
Durbin, and Mr. Brown) and intended to be proposed to the amendment SA
3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus,
and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

Beginning on page 1 of the amendment, strike line 9 and all
that follows through page 4, line 5, and insert the
following:
``(1) Commodity and conservation programs.--Notwithstanding
any other provision of law, an individual or entity shall not
be eligible to receive any benefit described in paragraph (2)
during a crop year if the average adjusted gross income of
the individual or entity, or the average adjusted gross
income of the individual and spouse of the individual,
exceeds--
``(A) $250,000, if less than 66.66 percent of the average
adjusted gross income of the individual or entity, or the
average adjusted gross income of the individual and spouse of
the individual, is derived from farming, ranching, or
forestry operations, as determined by the Secretary; or
``(B) $750,000.
``(2) Covered benefits.--Paragraph (1) applies with respect
to the following:
``(A) A direct payment or counter-cyclical payment under
part I or III of subtitle A of title I of the Food and Energy
Security Act of 2007.
``(B) A marketing loan gain or loan deficiency payment
under part II or III of subtitle A of title I of the Food and
Energy Security Act of 2007.
``(C) An average crop revenue payment under subtitle B of
title I of the Food and Energy Security Act of 2007.
``(D) Title XII of this Act.
``(E) Title II of the Farm Security and Rural Investment
Act of 2002 (Public Law 107-171; 116 Stat. 223).
``(F) Title II of the Food and Energy Security Act of 2007.
______

SA 3789. Mrs. LINCOLN submitted an amendment intended to be proposed
to amendment SA 3765 submitted by Ms. Klobuchar (for herself, Mr.
Durbin, and Mr. Brown) and intended to be proposed to the amendment SA
3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus,
and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

Beginning on page 2 of the amendment, strike line 1 and all
that follows through page 4, line 5, and insert the
following:

``(1) Commodity and conservation programs.--Notwithstanding
any other provision of law, an individual or entity shall not
be eligible to receive any benefit described in paragraph (2)
during a crop year if the average adjusted gross income of
the individual or entity, or the average adjusted gross
income of the individual and spouse of the individual,
exceeds--
``(A) $250,000, if less than 66.66 percent of the average
adjusted gross income of the individual or entity, or the
average adjusted gross income of the individual and spouse of
the individual, is derived from farming, ranching, or
forestry operations, as determined by the Secretary; or
``(B) $750,000.
``(2) Covered benefits.--Paragraph (1) applies with respect
to the following:
``(A) A direct payment or counter-cyclical payment under
part I or III of subtitle A of title I of the Food and Energy
Security Act of 2007.
``(B) A marketing loan gain or loan deficiency payment
under part II or III of subtitle A of title I of the Food and
Energy Security Act of 2007.
``(C) An average crop revenue payment under subtitle B of
title I of the Food and Energy Security Act of 2007.
``(D) Title XII of this Act.
``(E) Title II of the Farm Security and Rural Investment
Act of 2002 (Public Law 107-171; 116 Stat. 223).
``(F) Title II of the Food and Energy Security Act of 2007.
______

SA 3790. Mrs. FEINSTEIN submitted an amendment intended to be
proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agriculture programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 563, between lines 15 and 16, insert the following:

[[Page S14648]]

SEC. 3205. QUALITY REQUIREMENTS FOR CLEMENTINES.

Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C.
608e-1(a)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, is amended in the matter
preceding the first proviso in the first sentence by
inserting ``clementines,'' after ``nectarines,''.
______

SA 3791. Mrs. FEINSTEIN (for herself, Mr. Martinez, Mr. Casey, Ms.
Stabenow, Mrs. Boxer, Mr. Nelson of Florida, Mr. Bingaman, Mr. Cardin,
and Mr. Inouye) submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of part II of subtitle A of title XI, insert the
following:

SEC. 1103_. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL
INSPECTION FUNCTIONS TO DEPARTMENT OF
AGRICULTURE.

(a) Repeal of Transfer of Functions.--Sections 310 and 421
of the Homeland Security Act of 2002 (6 U.S.C. 190, 231) are
repealed.
(b) Conforming Amendment to Function of Secretary of
Homeland Security.--Section 402 of the Homeland Security Act
of 2002 (6 U.S.C. 202) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(c) Transfer Agreement.--
(1) In general.--Not later than the effective date
described in subsection (g), the Secretary and the Secretary
of Homeland Security shall enter into an agreement to
effectuate the return of functions required by the amendments
made by this section.
(2) Use of certain employees.--The agreement may include
authority for the Secretary to use employees of the
Department of Homeland Security to carry out authorities
delegated to the Animal and Plant Health Inspection Service
regarding the protection of domestic livestock and plants.
(d) Restoration of Department of Agriculture Employees.--
Not later than the effective date described in subsection
(g), all full-time equivalent positions of the Department of
Agriculture transferred to the Department of Homeland
Security under section 310 or 421(g) of the Homeland Security
Act of 2002 (6 U.S.C. 190, 231(g)) (as in effect on the day
before the effective date described in subsection (g)) shall
be restored to the Department of Agriculture.
(e) Authority of APHIS.--
(1) Establishment of program.--The Secretary shall
establish within the Animal and Plant Health Inspection
Service a program, to be known as the ``International
Agricultural Inspection Program'', under which the
Administrator of the Animal and Plant Health Inspection
Service (referred to in this subsection as the
``Administrator'') shall carry out import and entry
agricultural inspections.
(2) Information gathering and inspections.--In carrying out
the program under paragraph (1), the Administrator shall have
full access to--
(A) each secure area of any terminal for screening
passengers or cargo under the control of the Department of
Homeland Security on the day before the date of enactment of
this Act for purposes of carrying out inspections and
gathering information; and
(B) each database (including any database relating to cargo
manifests or employee and business records) under the control
of the Department of Homeland Security on the day before the
date of enactment of this Act for purposes of gathering
information.
(3) Inspection alerts.--The Administrator may issue
inspection alerts, including by indicating cargo to be held
for immediate inspection.
(4) Inspection user fees.--The Administrator may, as
applicable--
(A) continue to collect any agricultural quarantine
inspection user fee; and
(B) administer any reserve account for the fees.
(5) Career track program.--
(A) In general.--The Administrator shall establish a
program, to be known as the ``import and entry agriculture
inspector career track program'', to support the development
of long-term career professionals with expertise in import
and entry agriculture inspection.
(B) Strategic plan and training.--In carrying out the
program under this paragraph, the Administrator, in
coordination with the Secretary, shall--
(i) develop a strategic plan to incorporate import and
entry agricultural inspectors into the infrastructure
protecting food, fiber, forests, bioenergy, and the
environment of the United States from animal and plant pests,
diseases, and noxious weeds; and
(ii) as part of the plan under clause (i), provide training
for import and entry agricultural inspectors participating in
the program not less frequently than once each year to
improve inspection skills
(f) Duties of Secretary.--
(1) In general.--The Secretary shall--
(A) develop standard operating procedures for inspection,
monitoring, and auditing relating to import and entry
agricultural inspections, in accordance with recommendations
from the Comptroller General of the United States and reports
of interagency advisory groups, as applicable; and
(B) ensure that the Animal and Plant Health Inspection
Service has a national electronic system with real-time
tracking capability for monitoring, tracking, and reporting
inspection activities of the Service.
(2) Federal and state cooperation.--
(A) Communication system.--The Secretary shall develop and
maintain an integrated, real-time communication system with
respect to import and entry agricultural inspections to alert
State departments of agriculture of significant inspection
findings of the Animal and Plant Health Inspection Service.
(B) Advisory committee.--
(i) Establishment.--The Secretary shall establish a
committee, to be known as the ``International Trade
Inspection Advisory Committee'' (referred to in this
subparagraph as the ``committee''), to advise the Secretary
on policies and other issues relating to import and entry
agricultural inspection.
(ii) Model.--In establishing the committee, the Secretary
shall use as a model the Agricultural Trade Advisory
Committee.
(iii) Membership.--The committee shall be composed of
members representing--

(I) State departments of agriculture;
(II) directors of ports and airports in the United States;
(III) the transportation industry;
(IV) the public; and
(V) such other entities as the Secretary determines to be
appropriate.

(3) Report.--Not less frequently than once each year, the
Secretary shall submit to Congress a report containing an
assessment of--
(A) the resource needs for import and entry agricultural
inspection, including the number of inspectors required;
(B) the adequacy of--
(i) inspection and monitoring procedures and facilities in
the United States; and
(ii) the strategic plan developed under subsection
(e)(5)(B)(i); and
(C) new and potential technologies and practices, including
recommendations regarding the technologies and practices, to
improve import and entry agricultural inspection.
(4) Funding.--The Secretary shall pay the costs of each
import and entry agricultural inspector employed by the
Animal and Plant Health Inspection Service from amounts made
available to the Department of Agriculture for the applicable
fiscal year.
(g) Effective Date.--The amendments made by this section
take effect on the date that is 180 days after the date of
enactment of this Act.
______

SA 3792. Mr. MARTINEZ (for himself, Mr. Nelson of Florida, Mr.
Menendez, and Mr. Ensign) submitted an amendment intended to be
proposed by him to the bill H.R. 2419, to provide for the continuation
of agricultural programs through fiscal year 2012, and for other
purposes; which was ordered to lie on the table; as follows:

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

SEC. 3__. SENSE OF THE SENATE.

The Senate--
(1) finds that--
(A) since 1982, the Department of State has consistently
added Cuba to the list of State sponsors of terrorism;
(B) the Cuban regime continues to repress political dissent
in Cuba;
(C) the Cuban regime continues to arbitrarily imprison and
violate the civil rights of the citizens of Cuba; and
(D) the Cuban regime continues the practice of ``tourism
apartheid'' by restricting the access of the citizens of Cuba
to hospitals, restaurants, and food stores that are reserved
only for foreigners;
(2) condemns the anti-democratic and repressive actions by
the Cuban Regime;
(3) supports the people of Cuba in the quest to achieve a
truly democratic form of government; and
(4) calls on the international community to condemn the
antidemocratic actions of the repressive Cuban regime.
______

SA 3793. Mr. MARTINEZ (for himself, Mr. Nelson of Florida, Mr.
Menendez, and Mr. Ensign) submitted an amendment intended to be
proposed by him to the bill H.R. 2419, to provide for the continuation
of agricultural programs through fiscal year 2012, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of the amendment, add the following:

SEC. 3___. APPLICABILITY.

Nothing in the preceding sections relating to Cuba
(including any amendment to the Trade Sanctions Reform and
Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.))
applies to, or may be used for purposes of any transaction
with, any foreign country that is identified by the Secretary
of State as a ``State Sponsor of Terror''.
______

SA 3794. Mr. BOND submitted an amendment intended to be proposed to
amendment SA 3591 submitted by Mr.

[[Page S14649]]

Bond and intended to be proposed to the bill H.R. 2419, to provide for
the continuation of agricultural programs through fiscal year 2012, and
for other purposes; which was ordered to lie on the table; as follows:

At the end of title XI, add the following:

Subtitle C--Agricultural Regulatory Flexibility

SEC. 11081. DEFINITIONS.

In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551(1) of title 5, United States Code.
(2) Agricultural entity.--The term ``agricultural entity''
means any person or entity that has income derived from--
(A) farming, ranching, or forestry operations;
(B) the production of crops, livestock, or unfinished raw
forestry products;
(C) the sale, including the sale of easements and
development rights, of farm, ranch, forestry, water, or
hunting rights;
(D) the sale of equipment to conduct farm, ranch, or
forestry operations;
(E) the rental or lease of land used for farming, ranching,
or forestry operations, including water or hunting rights;
(F) the provision of production inputs and services to
farmers, ranchers, and foresters;
(G) the processing (including packing), storing (including
shedding), and transporting of farm, ranch, and forestry
commodities;
(H) the sale of land that has been used for agriculture; or
(I) payments or other income attributable to benefits
received under any program authorized under title I or II.
(3) Collection of information.--
(A) In general.--The term ``collection of information''
means the obtaining, causing to be obtained, soliciting, or
requiring the disclosure to third parties or the public of
facts or opinions by or for an agency, regardless of form or
format, calling for--
(i) answers to identical questions posed to, or identical
reporting or recordkeeping requirements imposed on, 10 or
more persons, other than agencies, instrumentalities, or
employees of the United States; or
(ii) answers to questions posed to agencies,
instrumentalities, or employees of the United States that are
to be used for general statistical purposes.
(B) Exclusion.--The term ``collection of information'' does
not include collection of information described in section
3518(c)(1) of title 44, United States Code.
(4) Recordkeeping requirement.--The term ``recordkeeping
requirement'' means a requirement imposed by an agency on
persons to maintain specified records.
(5) Rule.--
(A) In general.--The term ``rule'' means any rule for which
the agency publishes a general notice of proposed rulemaking
pursuant to section 553(b) of title 5, United States Code, or
any other law, including any rule of general applicability
governing Federal grants to State and local governments for
which the agency provides an opportunity for notice and
public comment.
(B) Exclusion.--The term ``rule'' does not include a rule
of particular applicability relating to--
(i) rates, wages, corporate or financial structures or
reorganizations thereof, prices, facilities, appliances,
services, or allowances therefor; or
(ii) valuations, costs or accounting, or practices relating
to such rates, wages, structures, prices, appliances,
services, or allowances.

SEC. 11082. AGRICULTURAL REGULATORY FLEXIBILITY AGENDA.

(a) In General.--During the months of October and April of
each year, each agency shall publish in the Federal Register
an agricultural regulatory flexibility agenda that contains--
(1) a brief description of the subject area of any rule
that the agency expects to propose or promulgate that is
likely to have a significant economic impact on a substantial
number of agricultural entities;
(2) a summary of the nature of any such rule under
consideration for each subject area listed in the agenda
pursuant to paragraph (1), the objectives and legal basis for
the issuance of the rule, and an approximate schedule for
completing action on any rule for which the agency has issued
a general notice of proposed rulemaking; and
(3) the name and telephone number of an agency official
knowledgeable concerning the items listed in paragraph (1).
(b) Chief Counsels.--Each agricultural regulatory
flexibility agenda shall be transmitted to the Chief Counsel
for Advocacy of the Department of Agriculture for comment, if
any.
(c) Notice.--Each agency shall--
(1) attempt to provide notice of each agricultural
regulatory flexibility agenda to agricultural entities (or
representatives thereof) through direct notification or
publication of the agenda in publications likely to be
obtained by the agricultural entities; and
(2) invite comments on each subject area on the agenda.
(d) Effect of Section.--Nothing in this section--
(1) precludes an agency from considering or acting on any
matter not included in an agricultural regulatory flexibility
agenda; or
(2) requires an agency to consider or act on any matter
listed in the agenda.

SEC. 11083. INITIAL AGRICULTURAL REGULATORY FLEXIBILITY
ANALYSIS.

(a) Analysis.--
(1) Requirement.--In any case in which an agency is
required by section 553 of title 5, United States Code, or
any other law, to publish general notice of proposed
rulemaking for any proposed rule, or publishes a notice of
proposed rulemaking for an interpretative rule involving the
internal revenue laws of the United States, the agency shall
prepare and make available for public comment an initial
agricultural regulatory flexibility analysis. Such analysis
shall describe the impact of the proposed rule on
agricultural entities.
(2) Publication.--The initial agricultural regulatory
flexibility analysis or a summary shall be published in the
Federal Register at the time of the publication of general
notice of proposed rulemaking for the rule.
(3) Chief counsels.--The agency shall transmit a copy of
the initial agricultural regulatory flexibility analysis to
the Chief Counsel for Advocacy of the Department of
Agriculture.
(4) Applicability.--In the case of an interpretative rule
involving the internal revenue laws of the United States, the
requirements of this section apply to interpretative rules
published in the Federal Register for codification in the
Code of Federal Regulations only to the extent that the
interpretative rule imposes on agricultural entities a
collection of information requirement.
(b) Contents.--Each initial agricultural regulatory
flexibility analysis required under this section shall
contain--
(1) a description of the reasons why action by the agency
is being considered;
(2) a succinct statement of the objectives of, and legal
basis for, the proposed rule;
(3) a description of and, if feasible, an estimate of the
number of agricultural entities to which the proposed rule
will apply;
(4) a description of the projected reporting,
recordkeeping, and other compliance requirements of the
proposed rule, including an estimate of the classes of
agricultural entities that will be subject to the requirement
and the type of professional skills necessary for preparation
of the report or record; and
(5) an identification, to the maximum extent practicable,
of all relevant Federal rules that may duplicate, overlap, or
conflict with the proposed rule.
(c) Alternatives.--
(1) In general.--Each initial agricultural regulatory
flexibility analysis shall also contain a description of any
significant alternatives to the proposed rule that--
(A) accomplish the stated objectives of applicable laws
(including regulations); and
(B) minimize any significant economic impact of the
proposed rule on agricultural entities.
(2) Description.--In accordance with the stated objectives
of applicable laws (including regulations), the analysis
shall include a description of significant alternatives, such
as--
(A) the establishment of differing compliance or reporting
requirements or timetables that take into account the
resources available to agricultural entities;
(B) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for the
agricultural entities;
(C) the use of performance rather than design standards;
and
(D) an exemption from coverage of the rule, or any part
thereof, for such agricultural entities.

SEC. 11084. FINAL AGRICULTURAL REGULATORY FLEXIBILITY
ANALYSIS.

(a) Final Analysis.--
(1) In general.--In any case in which an agency promulgates
a final rule under section 553 of title 5, United States
Code, after being required by that section or any other law
to publish a general notice of proposed rulemaking, or
promulgates a final interpretative rule involving the
internal revenue laws of the United States as described in
section 11083(a), the agency shall prepare a final
agricultural regulatory flexibility analysis.
(2) Contents.--Each final agricultural regulatory
flexibility analysis shall contain--
(A) a succinct statement of the need for, and objectives
of, the rule;
(B) a summary of the significant issues raised by the
public comments in response to the initial agricultural
regulatory flexibility analysis, a summary of the assessment
of the agency of those issues, and a statement of any changes
made in the proposed rule as a result of the comments;
(C) a description of and an estimate of the number of
agricultural entities to which the rule will apply or an
explanation of why no such estimate is available;
(D) a description of the projected reporting,
recordkeeping, and other compliance requirements of the rule,
including an estimate of the classes of agricultural entities
that will be subject to the requirement and the type of
professional skills necessary for preparation of the report
or record; and
(E) a description of measures the agency has carried out to
minimize the significant economic impact on agricultural
entities consistent with the stated objectives of applicable
statutes, including a statement of--
(i) the factual, policy, and legal reasons for selecting
the alternative adopted in the final rule; and
(ii) why each of the other significant alternatives to the
rule considered by the agency that affect the impact on
agricultural entities was rejected.
(b) Publication.--The agency shall--

[[Page S14650]]

(1) make copies of the final agricultural regulatory
flexibility analysis available to members of the public; and
(2) publish in the Federal Register the analysis or a
summary thereof.

SEC. 11085. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY ANALYSIS.

(a) In General.--Any Federal agency may perform the
analyses required by sections 11082, 11083, and 11084 in
conjunction with, or as a part of, any other agenda or
analysis required by any other law if the other analysis
satisfies the requirements of those sections.
(b) Certification by Agency Head.--
(1) In general.--Sections 11083 and 11084 shall not apply
to any proposed or final rule if the head of the agency
certifies that the rule will not, if promulgated, have a
significant economic impact on a substantial number of
agricultural entities.
(2) Publication.--If the head of the agency makes a
certification under paragraph (1), the agency head shall
publish the certification (together with a statement
providing the factual basis for the certification) in the
Federal Register--
(A) at the time of publication of general notice of
proposed rulemaking for the rule; or
(B) at the time of publication of the final rule.
(3) Chief counsel.--The agency shall provide each
certification and statement described in paragraph (2) to the
Chief Counsel for Advocacy of the Department of Agriculture.
(c) Closely Related Rules.--To avoid duplicative action, an
agency may consider a series of closely related rules as 1
rule for the purposes of sections 11082, 11083, 11084 and
11090.

SEC. 11086. EFFECT ON OTHER LAW.

The requirements of sections 11083 and 11084 do not alter
in any manner standards otherwise applicable by law to agency
action.

SEC. 11087. PREPARATION OF ANALYSES.

In complying with sections 11083 and 11084, an agency may
provide--
(1) a quantifiable or numerical description of the effects
of a proposed rule or alternatives to the proposed rule; or
(2) more general descriptive statements, if quantification
is not practicable or reliable.

SEC. 11088. PROCEDURE FOR WAIVER OR DELAY OF COMPLETION.

(a) Emergency Situations.--An agency head may waive or
delay the completion of some or all of the requirements of
section 11083 by publishing in the Federal Register, not
later than the date of publication of the final rule, a
written finding, with reasons therefor, that the final rule
is being promulgated in response to an emergency that makes
compliance or timely compliance with the requirements
impracticable.
(b) Limitation.--
(1) In general.--Except as provided in section 11085(b), an
agency head may not waive the requirements of section 11084.
(2) Delays.--An agency head may delay the completion of the
requirements of section 11084 for a period of not more than
180 days after the date of publication in the Federal
Register of a final rule by publishing in the Federal
Register, not later than that date of publication, a written
finding, with reasons therefor, that the final rule is being
promulgated in response to an emergency that makes timely
compliance with section 11084 impracticable.
(3) Failure to prepare analysis.--If the agency has not
prepared a final agricultural regulatory analysis pursuant to
section 11084 by not later than 180 days after the date of
publication of the final rule, the rule--
(A) shall lapse and have no effect; and
(B) shall not be repromulgated until a final regulatory
flexibility analysis has been completed by the agency.

SEC. 11089. PROCEDURES FOR GATHERING COMMENTS.

(a) Definition of Covered Agency.--In this section, the
term ``covered agency'' means the Environmental Protection
Agency and the Department of the Interior and its agencies.
(b) Participation.--In any case in which a rule is
promulgated that will have a significant economic impact on a
substantial number of agricultural entities, the head of the
agency promulgating the rule or the official of the agency
with statutory responsibility for the promulgation of the
rule shall assure that agricultural entities have been given
an opportunity to participate in the rulemaking for the rule
through the rational use of techniques, such as--
(1) the inclusion in an advanced notice of proposed
rulemaking, if issued, of a statement that the proposed rule
may have a significant economic effect on a substantial
number of agricultural entities;
(2) the publication of general notice of proposed
rulemaking in publications likely to be obtained by
agricultural entities;
(3) the direct notification of interested agricultural
entities;
(4) the conduct of open conferences or public hearings
concerning the rule for agricultural entities including
soliciting and receiving comments over computer networks; and
(5) the adoption or modification of agency procedural rules
to reduce the cost or complexity of participation in the
rulemaking by agricultural entities.
(c) Initial Requirements.--Before the date of publication
of an initial agricultural regulatory flexibility analysis
required under this subtitle--
(1) a covered agency shall--
(A) notify the Chief Counsel for Advocacy of the Department
of Agriculture; and
(B) provide the Chief Counsel with information on the
potential impacts of the proposed rule on agricultural
entities that might be affected;
(2) not later than 15 days after the date of receipt of the
materials described in paragraph (1), the Chief Counsel shall
identify individuals representative of affected agricultural
entities for the purpose of obtaining advice and
recommendations from those individuals about the potential
impacts of the proposed rule;
(3) the agency shall convene a review panel for the rule
consisting entirely of--
(A) full-time Federal employees of the office within the
agency responsible for carrying out the proposed rule;
(B) the Office of Information and Regulatory Affairs within
the Office of Management and Budget; and
(C) the Chief Counsel;
(4) the panel shall--
(A) review any material the agency has prepared in
connection with this subtitle, including any draft proposed
rule; and
(B) collect advice and recommendations of each individual
agricultural entity representative identified by the agency,
after consultation with the Chief Counsel, on issues relating
to paragraphs (3) and (4) of subsection (b), and subsection
(c), of section 11083;
(5) not later than 60 days after the date a covered agency
convenes a review panel pursuant to paragraph (3), the review
panel shall report on the comments of the agricultural entity
representatives and its findings as to issues relating to
paragraphs (3) and (4) of subsection (b), and subsection (c),
of section 11083, subject to the requirement that the report
shall be made public as part of the rulemaking record; and
(6) as appropriate, the agency shall modify the proposed
rule, the initial agricultural flexibility analysis or the
decision on whether an initial flexibility analysis is
required.
(d) Applicability.--An agency may, at the discretion of the
agency head, apply subsection (c) to rules that the agency
intends to certify under section 11085(b), but the agency
believes may have a greater than de minimis impact on a
substantial number of agricultural entities.
(e) Waivers.--
(1) In general.--The Chief Counsel for Advocacy, in
consultation with the individuals identified under subsection
(c)(2), and with the Administrator of the Office of
Information and Regulatory Affairs within the Office of
Management and Budget, may waive the requirements of
paragraphs (3) through (5) of subsection (c) by including in
the rulemaking record a written finding, with reasons
therefor, that those requirements would not advance the
effective participation of agricultural entities in the
rulemaking process.
(2) Factors for consideration.--For purposes of paragraph
(1), the factors to be considered in making a finding
described in that paragraph are the following:
(A) In developing a proposed rule, the extent to which the
covered agency consulted with individuals representative of
affected agricultural entities with respect to the potential
impacts of the rule and took those concerns into
consideration.
(B) Special circumstances requiring prompt issuance of the
rule.
(C) Whether the requirements of subsection (c) would
provide the individuals identified in subsection (c)(2) with
a competitive advantage relative to other agricultural
entities.

SEC. 11090. PERIODIC REVIEW OF RULES.

(a) Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, each agency shall publish in the
Federal Register a plan for the periodic review of the rules
issued by the agency that have or will have a significant
economic impact on a substantial number of agricultural
entities.
(2) Amendments.--The plan may be amended by the agency at
any time by publishing the revision in the Federal Register.
(3) Reviews.--The purpose of a review under the plan shall
be to determine whether the rules should be continued without
change, or should be amended or rescinded, consistent with
the stated objectives of applicable laws (including
regulations), to minimize any significant economic impact of
the rules on a substantial number of agricultural entities.
(4) Requirements.--The plan shall provide for--
(A) the review of all such agency rules in existence on the
date of enactment of this Act by not later than 10 years
after that date; and
(B) the review of any rules adopted after that date of
enactment by not later than 10 years after the publication of
those rules as final rules.
(5) Extensions.--If the head of the agency determines that
completion of the review of existing rules is not feasible by
the established date, the agency head--
(A) shall provide a certification of the determination in a
statement published in the Federal Register; and
(B) may extend the completion date by 1 year at a time for
a total of not more than 5 years.
(b) Factors for Consideration.--In reviewing rules to
minimize any significant economic impact of the rule on a
substantial number of agricultural entities in a manner

[[Page S14651]]

consistent with the stated objectives of applicable laws and
regulations, the agency shall take into consideration--
(1) the continued need for the rule;
(2) the nature of complaints or comments received
concerning the rule from the public;
(3) the complexity of the rule;
(4) the extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules, and, to the extent
feasible, with State and local governmental rules; and
(5) the length of time since the rule has been evaluated,
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule.
(c) Lists.--
(1) In general.--For each calendar year, each agency shall
publish in the Federal Register a list of the rules that have
a significant economic impact on a substantial number of
agricultural entities that are to be reviewed pursuant to
this section during the following calendar year.
(2) Inclusions.--The list shall include--
(A) a brief description of each rule; and
(B) the need for and legal basis of the rule.
(3) Public comment.--The list shall invite public comment
on each rule included on the list.

SEC. 11091. JUDICIAL REVIEW.

(a) Review.--
(1) In general.--For any rule subject to this subtitle, a
agricultural entity that is adversely affected or aggrieved
by final agency action is entitled to judicial review of
agency compliance with the requirements of sections 11081,
11084, 11085(b), 11088(b), and 11090 in accordance with
chapter 7 of title 5, United States Code.
(2) Certain sections.--Agency compliance with sections
11087 and 11089(a) shall be judicially reviewable in
connection with judicial review of section 11084.
(3) Jurisdiction.--
(A) In general.--Each court having jurisdiction to review a
rule for compliance with section 553, or under any other
provision of law, shall have jurisdiction to review any
claims of noncompliance with sections 11081, 11084, 11085(b),
11088(b), and 11090 in accordance with chapter 7 of title 5,
United States Code.
(B) Certain sections.--Agency compliance with sections
11087 and 11089(a) shall be judicially reviewable in
connection with judicial review of section 11084.
(4) Time period.--
(A) In general.--An agricultural entity may seek review
under this subsection during the 1-year period beginning on
the date of final agency action, except that if a provision
of law requires that an action challenging a final agency
action be commenced before the expiration of 1 year, the
lesser period shall apply to an action for judicial review
under this section.
(B) Delays.--In any case in which an agency delays the
issuance of a final agricultural flexibility analysis
pursuant to section 11088(b), an action for judicial review
under this section shall be filed not later than--
(i) 1 year after the date on which the analysis is made
available to the public, or
(ii) if a provision of law requires that an action
challenging a final agency regulation be commenced before the
expiration of the 1-year period, the number of days specified
in the provision of law that is after the date the analysis
is made available to the public.
(5) Relief.--In granting any relief in an action under this
section, the court shall order the agency to take corrective
action consistent with this subtitle and chapter 7 of title 5
United States Code, including--
(A) remanding the rule to the agency; and
(B) deferring the enforcement of the rule against
agricultural entities unless the court finds that continued
enforcement of the rule is in the public interest.
(6) Effect of subsection.--Nothing in this subsection
limits the authority of any court--
(A) to stay the effective date of any rule or provision
thereof under any other provision of law; or
(B) to grant any other relief in addition to the
requirements of this section.
(b) Analyses.--In an action for the judicial review of a
rule, the agricultural flexibility analysis for the rule,
including an analysis prepared or corrected pursuant to
subsection (a)(4), shall constitute part of the entire record
of agency action in connection with the review.
(c) Requirement.--Compliance or noncompliance by an agency
with the provisions of this subtitle shall be subject to
judicial review only in accordance with this section.
(d) Effect of Section.--Nothing in this section bars
judicial review of any other impact statement or similar
analysis required by any other law if judicial review of the
statement or analysis is otherwise permitted by law.

SEC. 11092. REPORTS AND INTERVENTION RIGHTS.

(a) Monitoring.--The Chief Counsel for Advocacy of the
Department of Agriculture shall--
(1) monitor agency compliance with this subtitle; and
(2) submit reports at least annually on that compliance
to--
(A) the President;
(B) the Committee on Agriculture of the House of
Representatives; and
(C) the Committee on Agriculture, Nutrition, and Forestry
of the Senate.
(b) Amicus Curiae.--
(1) In general.--The Chief Counsel for Advocacy of the
Department of Agriculture may appear as amicus curiae in any
action brought in a court of the United States to review a
rule.
(2) In any action described in paragraph (1), the Chief
Counsel may present the views of the Chief Counsel with
respect to--
(A) compliance with this subtitle;
(B) the adequacy of the rulemaking record with respect to
agricultural entities; and
(C) the effect of the rule on agricultural entities.
(3) Action by courts.--A court of the United States shall
grant the application of the Chief Counsel for Advocacy of
the Department of Agriculture to appear in any such action
for the purposes described in this subsection.

SEC. 11093. ESTABLISHMENT OF OFFICE OF ADVOCACY WITHIN THE
DEPARTMENT OF AGRICULTURE; CHIEF COUNSEL FOR
AGRICULTURAL ADVOCACY.

(a) Establishment.--There is established within the
Department of Agriculture an Office of Advocacy.
(b) Management.--The management of the Office shall be
vested in a Chief Counsel for Advocacy, who shall be
appointed from civilian life by the President, by and with
the advice and consent of the Senate.

SEC. 11094. PRIMARY FUNCTIONS OF OFFICE OF ADVOCACY.

The primary functions of the Office of Advocacy shall be--
(1) to measure the direct costs and other effects of
government regulation on agricultural entities; and make
legislative and nonlegislative proposals for eliminating
excessive or unnecessary regulations of agricultural
entities;
(2) to study the ability of financial markets and
institutions to meet agricultural entity credit needs and
determine the impact of government demands for credit on
agricultural entities;
(3)(A) to recommend specific measures for creating an
environment in which all agricultural entities will have the
opportunity to compete effectively and expand to full
potential; and
(B) to ascertain the common reasons, if any, for
agricultural entity successes and failures;
(4)(A) to evaluate the efforts of each Federal department
and agency, and of private industry, to assist agricultural
entities owned and controlled by veterans, and agricultural
entities concerns owned and controlled by serviced-disabled
veterans;
(B) to provide statistical information on the use of those
programs by those agricultural entities; and
(C) to make appropriate recommendations to the Secretary
and Congress to promote the establishment and growth of those
agricultural entities.

SEC. 11095. ADDITIONAL DUTIES OF OFFICE OF ADVOCACY.

The Office of Advocacy shall also perform the following
duties on a continuing basis:
(1) Serve as a focal point for the receipt of complaints,
criticisms, and suggestions concerning the policies and
activities of the President and any other Federal agency that
affects agricultural entities.
(2) Counsel agricultural entities on methods to resolve
questions and problems concerning the relationship of the
agricultural entity to the Federal Government.
(3) Develop proposals for changes in the policies and
activities of any agency of the Federal Government that will
better fulfill the purposes of agricultural entities and
communicate the proposals to the appropriate Federal
agencies.
(4) Represent the views and interests of agricultural
entities before other Federal agencies the policies and
activities of which may affect agricultural entities.
(5) Enlist the cooperation and assistance of public and
private agencies, businesses, and other organizations in
disseminating information about--
(A) the programs and services provided by the Federal
Government that are of benefit to agricultural entities; and
(B) the means by which agricultural entities can
participate in or make use of those programs and services.
______

SA 3795. Mr. NELSON of Florida (for himself, Mr. Ensign, Mr.
Martinez, and Mr. Menendez) submitted an amendment intended to be
proposed to amendment SA 3660 submitted by Mr. Baucus (for himself and
Mr. Crapo) and intended to be proposed to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of the amendment, add the following:

SEC. 3___. EFFECTIVE DATE.

(a) In General.--The preceding sections relating to Cuba
(including any amendment to the Trade Sanctions Reform and
Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.))
shall not take effect until the date on which the President
submits to Congress a certification described in subsection
(b).
(b) Conditions for Certification.--A certification referred
to in subsection (a) is a certification submitted by the
President that--
(1) Cuba has--
(A) ended discrimination in the Cuban tourist industry,
known as ``tourism apartheid''; and

[[Page S14652]]

(B) provided to the citizens of Cuba access to tourist
hotels, beaches, and other tourist locations;
(2) Cuba is providing equal employment opportunities for
Afro-Cubans in the Cuban tourist industry, including in
hotels;
(3) Cuban employers are making direct payments to Cuban
hotel workers; and
(4) any foodstuffs imported to Cuba from the United States
are made available for purchase in stores accessible to all
Cubans.
______

SA 3796. Mr. NELSON of Florida (for himself, Mr. Ensign, Mr.
Martinez, and Mr. Menendez) submitted an amendment intended to be
proposed to amendment SA 3668 submitted by Mr. Baucus and intended to
be proposed to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of the amendment, add the following:

SEC. 3___. EFFECTIVE DATE.

(a) In General.--The preceding sections relating to Cuba
(including any amendment to the Trade Sanctions Reform and
Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.))
shall not take effect until the date on which the President
submits to Congress a certification described in subsection
(b).
(b) Conditions for Certification.--A certification referred
to in subsection (a) is a certification submitted by the
President that--
(1) Cuba has--
(A) ended discrimination in the Cuban tourist industry,
known as ``tourism apartheid''; and
(B) provided to the citizens of Cuba access to tourist
hotels, beaches, and other tourist locations;
(2) Cuba is providing equal employment opportunities for
Afro-Cubans in the Cuban tourist industry, including in
hotels;
(3) Cuban employers are making direct payments to Cuban
hotel workers; and
(4) any foodstuffs imported to Cuba from the United States
are made available for purchase in stores accessible to all
Cubans.
______

SA 3797. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 3722 submitted by Mr. Durbin (for himself and Mrs. Dole)
and intended to be proposed to the amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

Beginning on page 1 of the amendment, strike line 6 and all
that follows through the end of the amendment and insert the
following:
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the President shall use to carry out this
section $100,000,000 for each of fiscal years 2009 through
2012.''; and
(B) in paragraph (2), by striking ``such sums'' and all
that follows through ``2007'' and inserting ``$300,000,000
for each of fiscal years 2008 through 2012''.

SEC. 3109. OFFSET.

Section 901(b)(4)(A) of the Trade Act of 1974 (as added by
section 12101(a)) is amended by striking clause (ii) and
inserting the following:
``(ii) 35 percent of the amount of any direct payments made
to the producer under section 1103 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7913) or section 1103
of the Food and Energy Security Act of 2007 or of any fixed
direct payments made at the election of the producer in lieu
of that section or a subsequent section;''.
______

SA 3798. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 3653 submitted by Mr. Coburn and intended to be proposed
to the amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

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

SEC. 19__. ELIGIBILITY FOR DEPARTMENT PROGRAMS.

Section 508(b)(7) of the Federal Crop Insurance Act (7
U.S.C. 1508(b)(7)) is amended by striking subparagraph (A)
and inserting the following:
``(A) In general.--
``(i) Requirement to purchase crop insurance.--Effective
for the spring-planted 2008 and subsequent crops (and fall-
planted 2008 crops at the option of the Secretary) of each
agricultural commodity or commercial crop (other than dairy
or livestock), to be eligible for any benefit described in
clause (ii), a person shall--

``(I) in the case of an agricultural commodity for which
insurance is available under this title, obtain at least the
catastrophic level of insurance for each crop of economic
significance in which the person has an interest; or
``(II) in the case of an eligible crop for which payments
are available under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333), provides
a level of coverage that is comparable to the coverage
described in subclause (I), as determined by the Secretary.

``(ii) Covered benefits.--Benefits referred to in clause
(i) are--

``(I) any type of price support, payment, loan, or other
benefit, as determined by the Secretary, under--

``(aa) title I of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7901 et seq.);
``(bb) title I of the Food and Energy Security Act of 2007;
``(cc) the Commodity Credit Corporation Charter Act (15
U.S.C. 714 et seq.);
``(dd) any law providing agricultural disaster assistance;
or
``(ee) any other similar Act administered by the Secretary,
as determined by the Secretary; or

``(II) any benefit described in section 371(b) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
2008f(b)).

``(iii) Waiver.--To be eligible for any benefit described
in clause (ii), a person that elects not to obtain coverage
described in subclause (I) or (II) of clause (i) for an
agricultural commodity or commercial crop shall submit to the
Secretary a written waiver to waive any eligibility for
emergency crop loss assistance for that agricultural
commodity or commercial crop.''.
______

SA 3799. Mr. BOND submitted an amendment intended to be proposed to
amendment SA 3612 submitted by Mr. Bond and intended to be proposed to
the amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 973, strike lines 21 through 24 and inset the
following:
(a) Funding.--
(1) Mandatory funding.--
(A) In general.--Section 401(b) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7621(b)) is amended by striking paragraph (1) and
inserting the following:
``(1) In general.--Not later than 30 days after the date of
enactment of the Food and Energy Security Act of 2007, on
October 1, 2008, and each October 1 thereafter through
October 1, 2011, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Account the amount that the Secretary
estimates will be made available for the applicable fiscal
year as a result of the enactment of section 7201(a)(1)(B) of
that Act.''.
(B) Offset.--Notwithstanding title I or any amendment made
by title I, a person or legal entity shall not be eligible
for, and the Secretary shall not make to any person or legal
entity, any individual payment under subtitles A through E of
title I or an amendment made by those titles in an amount
that is less than $50.
(2) Discretionary funding.--Section 401(b) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7621(b)) is amended by striking paragraph (3)
and inserting the following:
______

SA 3800. Mr. REID (for Mr. Dodd (for himself and Mr. Shelby))
proposed an amendment to the bill H.R. 2761, to extend the Terrorism
Insurance Program of the Department of the Treasury, and for other
purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Terrorism
Risk Insurance Program Reauthorization Act of 2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of act of terrorism.
Sec. 3. Reauthorization of the Program.
Sec. 4. Annual liability cap.
Sec. 5. Enhanced reports to Congress.

SEC. 2. DEFINITION OF ACT OF TERRORISM.

Section 102(1)(A)(iv) of the Terrorism Risk Insurance Act
of 2002 (15 U.S.C. 6701 note) is amended by striking ``acting
on behalf of any foreign person or foreign interest''.

SEC. 3. REAUTHORIZATION OF THE PROGRAM.

(a) Termination Date.--Section 108(a) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by
striking ``2007'' and inserting ``2014''.
(b) Additional Program Years.--Section 102(11) of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is
amended by adding at the end the following:
``(G) Additional program years.--Except when used as
provided in subparagraphs (B) through (F), the term `Program
Year' means, as the context requires, any of Program Year 1,
Program Year 2, Program Year 3, Program Year 4, Program Year
5, or any of calendar years 2008 through 2014.''.
(c) Conforming Amendments.--The Terrorism Risk Insurance
Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) in section 102(7)(F)--

[[Page S14653]]

(A) by inserting ``and each Program Year thereafter''
before ``, the value''; and
(B) by striking ``preceding Program Year 5'' and inserting
``preceding that Program Year'';
(2) in section 103(e)(1)(A), by inserting ``and each
Program Year thereafter'' after ``Year 5'';
(3) in section 103(e)(1)(B)(ii), by inserting before the
period at the end ``and any Program Year thereafter'';
(4) in section 103(e)(2)(A), by striking ``of Program Years
2 through 5'' and inserting ``Program Year thereafter'';
(5) in section 103(e)(3), by striking ``of Program Years 2
through 5,'' and inserting ``other Program Year''; and
(6) in section 103(e)(6)(E), by inserting ``and any Program
Year thereafter'' after ``Year 5''.

SEC. 4. ANNUAL LIABILITY CAP.

(a) In General.--Section 103(e)(2) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) in subparagraph (A)--
(A) by striking ``(until such time as the Congress may act
otherwise with respect to such losses)''; and
(B) in clause (ii), by striking ``that amount'' and
inserting ``the amount of such losses''; and
(2) in subparagraph (B), by inserting before the period at
the end ``, except that, notwithstanding paragraph (1) or any
other provision of Federal or State law, no insurer may be
required to make any payment for insured losses in excess of
its deductible under section 102(7) combined with its share
of insured losses under paragraph (1)(A) of this
subsection''.
(b) Notice to Congress.--Section 103(e)(3) of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) by adding at the end the following: ``The Secretary
shall provide an initial notice to Congress not later than 15
days after the date of an act of terrorism, stating whether
the Secretary estimates that aggregate insured losses will
exceed $100,000,000,000.''; and
(2) by striking ``and the Congress shall'' and all that
follows through the end of the paragraph and inserting a
period.
(c) Regulations for Pro Rata Payments; Report to
Congress.--Section 103(e)(2)(B) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) by striking ``For purposes'' and inserting the
following:
``(i) In general.--For purposes''; and
(2) by adding at the end the following:
``(ii) Regulations.--Not later than 240 days after the date
of enactment of the Terrorism Risk Insurance Program
Reauthorization Act of 2007, the Secretary shall issue final
regulations for determining the pro rata share of insured
losses under the Program when insured losses exceed
$100,000,000,000, in accordance with clause (i).
``(iii) Report to congress.--Not later than 120 days after
the date of enactment of the Terrorism Risk Insurance Program
Reauthorization Act of 2007, the Secretary shall provide a
report to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives describing the process to be
used by the Secretary for determining the allocation of pro
rata payments for insured losses under the Program when such
losses exceed $100,000,000,000.''.
(d) Disclosure.--Section 103(b) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) in the case of any policy that is issued after the
date of enactment of the Terrorism Risk Insurance Program
Reauthorization Act of 2007, the insurer provides clear and
conspicuous disclosure to the policyholder of the existence
of the $100,000,000,000 cap under subsection (e)(2), at the
time of offer, purchase, and renewal of the policy;''.
(e) Surcharges.--Section 103(e) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) in paragraph (7)--
(A) in subparagraph (C), by inserting ``133 percent of''
before ``any mandatory recoupment''; and
(B) by adding at the end the following:
``(E) Timing of mandatory recoupment.--
``(i) In general.--If the Secretary is required to collect
terrorism loss risk-spreading premiums under subparagraph
(C)--

``(I) for any act of terrorism that occurs on or before
December 31, 2010, the Secretary shall collect all required
premiums by September 30, 2012;
``(II) for any act of terrorism that occurs between January
1 and December 31, 2011, the Secretary shall collect 35
percent of any required premiums by September 30, 2012, and
the remainder by September 30, 2017; and
``(III) for any act of terrorism that occurs on or after
January 1, 2012, the Secretary shall collect all required
premiums by September 30, 2017.

``(ii) Regulations required.--Not later than 180 days after
the date of enactment of this subparagraph, the Secretary
shall issue regulations describing the procedures to be used
for collecting the required premiums in the time periods
referred to in clause (i).
``(F) Notice of estimated losses.--Not later than 90 days
after the date of an act of terrorism, the Secretary shall
publish an estimate of aggregate insured losses, which shall
be used as the basis for determining whether mandatory
recoupment will be required under this paragraph. Such
estimate shall be updated as appropriate, and at least
annually.''; and
(2) in paragraph (8)--
(A) in subparagraph (C)--
(i) by striking ``(including any additional amount included
in such premium'' and inserting ``collected''; and
(ii) by striking ``(D))'' and inserting ``(D)''; and
(B) in subparagraph (D)(ii), by inserting before the period
at the end ``, in accordance with the timing requirements of
paragraph (7)(E)''.

SEC. 5. ENHANCED REPORTS TO CONGRESS.

(a) Study and Report on Insurance for Nuclear, Biological,
Chemical, and Radiological Terrorist Events.--Section 108 of
the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701
note) is amended by adding at the end the following:
``(f) Insurance for Nuclear, Biological, Chemical, and
Radiological Terrorist Events.--
``(1) Study.--The Comptroller General of the United States
shall examine--
``(A) the availability and affordability of insurance
coverage for losses caused by terrorist attacks involving
nuclear, biological, chemical, or radiological materials;
``(B) the outlook for such coverage in the future; and
``(C) the capacity of private insurers and State workers
compensation funds to manage risk associated with nuclear,
biological, chemical, and radiological terrorist events.
``(2) Report.--Not later than 1 year after the date of
enactment of the Terrorism Risk Insurance Program
Reauthorization Act of 2007, the Comptroller General shall
submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report containing a
detailed statement of the findings under paragraph (1), and
recommendations for any legislative, regulatory,
administrative, or other actions at the Federal, State, or
local levels that the Comptroller General considers
appropriate to expand the availability and affordability of
insurance for nuclear, biological, chemical, or radiological
terrorist events.''.
(b) Study and Report on Availability and Affordability of
Terrorism Insurance in Specific Markets.--Section 108 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is
amended by adding at the end the following:
``(g) Availability and Affordability of Terrorism Insurance
in Specific Markets.--
``(1) Study.--The Comptroller General of the United States
shall conduct a study to determine whether there are specific
markets in the United States where there are unique capacity
constraints on the amount of terrorism risk insurance
available.
``(2) Elements of study.--The study required by paragraph
(1) shall contain--
``(A) an analysis of both insurance and reinsurance
capacity in specific markets, including pricing and coverage
limits in existing policies;
``(B) an assessment of the factors contributing to any
capacity constraints that are identified; and
``(C) recommendations for addressing those capacity
constraints.
``(3) Report.--Not later than 180 days after the date of
enactment of the Terrorism Risk Insurance Program
Reauthorization Act of 2007, the Comptroller General shall
submit a report on the study required by paragraph (1) to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives.''.
(c) Ongoing Reports.--Section 108(e) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``ongoing'' before ``analysis''; and
(B) by striking ``, including'' and all that follows
through the end of the paragraph, and inserting a period; and
(2) in paragraph (2)--
(A) by inserting ``and thereafter in 2010 and 2013,'' after
``2006,''; and
(B) by striking ``subsection (a)'' and inserting
``paragraph (1)''.
______

SA 3801. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 274, to amend chapter 23 of title 5, United States
Code, to clarify the disclosures of information protected from
prohibited personnel practices, require a statement in nondisclosure
policies, forms, and agreements that such policies, forms, and
agreements conform with certain disclosure protections, provide certain
authority for the Special Counsel, and for other purposes; which was
ordered to lie on the table; as follows:

After subsection (n), insert the following:
(o) Reporting Requirements.--
(1) Government accountability office.--
(A) In general.--Not later than 40 months after the date of
enactment of this Act, the Government Accountability Office
shall submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives on the implementation of this Act.

[[Page S14654]]

(B) Contents.--The report under this paragraph shall
include--
(i) an analysis of any changes in the number of cases filed
with the United States Merit Systems Protection Board
alleging violations of section 2302(b)(8) or (9) of title 5,
United States Code, since the effective date of the Act;
(ii) the outcome of the cases described under clause (i),
including whether or not the United States Merit Systems
Protection Board, the Federal Circuit Court of Appeals, or
any other court determined the allegations to be frivolous or
malicious; and
(iii) any other matter as determined by the Government
Accountability Office.
(2) Merit systems protection board.--
(A) In general.--Each report submitted annually by the
Merit Systems Protection Board under section 1116 of title
31, United States Code, shall, with respect to the period
covered by such report, include as an addendum the following:
(i) Information relating to the outcome of cases decided
during the applicable year of the report in which violations
of section 2302(b)(8) or (9) of title 5, United States Code,
were alleged.
(ii) The number of such cases filed in the regional and
field offices, the number of petitions for review filed in
such cases, and the outcomes of such cases.
(B) First report.--The first report described under
subparagraph (A) submitted after the date of enactment of
this Act shall include an addendum required under that
subparagraph that covers the period beginning on January 1,
2008 through the end of the fiscal year 2008.

____________________