To amend the National Labor Relations Act to permit employers to pay higher wages to their employees.

TEXT OF AMENDMENTS

SA 2156. Mrs. GILLIBRAND (for herself, Mr. Lautenberg, Mr. Schumer,
Mr. Reed, Mr. Wyden, Mrs. Boxer, and Mr. Menendez) submitted an
amendment intended to be proposed by her to the bill S. 3240, to
reauthorize agricultural programs through 2017, and for other purposes;
which was ordered to lie on the table; as follows:

Beginning on page 312, strike line 9 and all that follows
through the end of page 313.
On page 361, strike lines 1 through 8 and insert the
following:

SEC. 4207. PURCHASE OF COMMODITIES BY COMMODITY CREDIT
CORPORATION.

When the Secretary considers the purchasing of commodities
by the Commodity Credit Corporation or under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c), in addition to
other appropriate considerations, the Secretary may consider
the needs of the States and the demands placed on emergency
feeding organizations.

SEC. 4208. FRESH FRUIT AND VEGETABLE PROGRAM.

Section 19(i) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769a(i)) is amended--
(1) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Mandatory funding.--In addition to any other amounts
made available to carry out this section, on October 1, 2012,
and on each October 1 thereafter through October 1, 2021, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary to
carry out this section $50,000,000, to remain available until
expended.''.
On page 953, between lines 8 and 9, insert the following:

SEC. 11011. ANNUAL LIMITATION ON DELIVERY EXPENSES AND
REDUCED RATE OF RETURN.

(a) Annual Limitation on Delivery Expenses.--Section
508(k)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(4)) is amended by adding at the end the following:
``(G) Annual limitation on delivery expenses.--Beginning
with the 2014 reinsurance year, the amount paid by the
Corporation to reimburse approved insurance providers and
agents for the administrative and operating costs of the
approved insurance providers and agents shall not exceed
$825,000,000 per year.''.
(b) Reduced Rate of Return.--Section 508(k)(8) of the
Federal Crop Insurance Act (7 U.S.C. 1508(k)(8)) (as amended
by section 11010) is amended by adding at the end the
following:
``(G) Reduced rate of return.--Beginning with the 2014
reinsurance year, the Standard Reinsurance Agreement shall be
adjusted to ensure a projected rate of return for the
approved insurance producers not to exceed 12 percent, as
determined by the Corporation.''.
______

SA 2157. Mr. SCHUMER 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. SUPPORT FOR STATE AND TRIBAL GOVERNMENT EFFORTS
TO PROMOTE DOMESTIC MAPLE SYRUP INDUSTRY.

(a) Grants Authorized; Authorized Activities.--The
Secretary of Agriculture may make grants to States and tribal
governments to support their efforts to promote the domestic
maple syrup industry through the following activities:
(1) Promotion of research and education related to maple
syrup production.
(2) Promotion of natural resource sustainability in the
maple syrup industry.
(3) Market promotion for maple syrup and maple-sap
products.
(4) Encouragement of owners and operators of privately held
land containing species of tree in the genus Acer--
(A) to initiate or expand maple-sugaring activities on the
land; or
(B) to voluntarily make the land available, including by
lease or other means, for access by the public for maple-
sugaring activities.
(b) Applications.--In submitting an application for a grant
under this section, a State or tribal government shall
include--
(1) a description of the activities to be supported using
the grant funds;
(2) a description of the benefits that the State or tribal
government intends to achieve as a result of engaging in such
activities; and
(3) an estimate of the increase in maple-sugaring
activities or maple syrup production that the State or tribal
government anticipates will occur as a result of engaging in
such activities.
(c) Relationship to Other Laws.--Nothing in this section
preempts a State or tribal government law, including any
State or tribal government liability law.
(d) Definition of Maple Sugaring.--In this section, the
term ``maple-sugaring'' means the collection of sap from any
species of tree in the genus Acer for the purpose of boiling
to produce food.
(e) Regulations.--The Secretary of Agriculture shall
promulgate such regulations as are necessary to carry out
this section.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2012 through 2015.
______

SA 2158. Mr. SCHUMER submitted an amendment intended to be proposed
by him to the bill S. 3240, to reauthorize agricultural programs
through 2017, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of title III, add the following:

Subtitle D--Milk Import Tariff Equity

SEC. 3301. SHORT TITLE.

This subtitle may be cited as the ``Milk Import Tariff
Equity Act''.

SEC. 3302. IMPOSITION OF TARIFF-RATE QUOTAS ON CERTAIN CASEIN
AND MILK CONCENTRATES.

(a) Casein and Casein Products.--
(1) In general.--The Additional U.S. Notes to chapter 35 of
the Harmonized Tariff Schedule of the United States are
amended--
(A) by striking ``Additional U.S. Note'' and inserting
``Additional U.S. Notes'';
(B) in Note 1, by striking ``subheading 3501.10.10'' and
inserting ``subheadings 3501.10.05, 3501.10.15, and
3501.10.20''; and
(C) by adding at the end the following new Note:
``2. The aggregate quantity of casein, caseinates, milk
protein concentrate, and other casein derivatives entered
under subheadings 3501.10.15, 3501.10.65, and 3501.90.65 in
any calendar year shall not exceed 55,477,000 kilograms.
Articles the product of Mexico shall not be permitted or
included under this quantitative limitation and no such
article shall be classifiable therein.''.
(2) Rates for certain caseins, caseinates, and other
derivatives and glues.--Chapter 35 of the Harmonized Tariff
Schedule of the United States is amended by striking
subheadings 3501.10 through 3501.90.60 and inserting the
following new subheadings, with the article descriptions for
subheadings 3501.10 and 3501.90 having the same degree of
indentation as the article description for subheading
3502.20.00:

[[Page S3788]]

``          3501.10       Casein:                                      ..........................
Milk protein concentrate:                   ..........................
3501.10.05         Described in general note 15    0.37 cent  Free (A, BH, CA, CL, CO,    12 cents/
of the tariff schedule and         s/kg    E, IL, J, JO, KR, MA, MX,        kg
entered pursuant to its                    OM, P, PE, SG)
provisions...................             0.2 cents/kg (AU)
3501.10.15         Described in additional U.S.    0.37 cent  Free (A, BH, CA, CL, CO,    12 cents/
note 2 to this chapter and         s/kg    E, IL, J, JO, KR, MA, OM,        kg
entered according to its                   P, PE, SG)
provisions...................             0.2 cents/kg (AU)
3501.10.20         Other.........................  $2.16/kg   Free (MX)                   $2.81/kg
Other:                                      ..........................
3501.10.55         Suitable only for industrial        Free   ..........................      Free
uses other than the
manufacture of food for
humans or other animals or as
ingredients in such food.....
Other:                                     ..........................
3501.10.60          Described in general note 15   0.37 cent  Free (A, BH, CA, CL, CO,    12 cents/
of the tariff schedule and        s/kg    E, IL, J, JO, KR, MA, MX,        kg
entered pursuant to its                   OM, P, PE, SG)
provisions..................             0.2 cents/kg (AU)
3501.10.65          Described in additional U.S.   0.37 cent  Free (A, BH, CA, CL, CO,    12 cents/
note 2 to this chapter and        s/kg    E, IL, J, JO, KR, MA, OM,        kg
entered according to its                  P, PE, SG)
provisions..................             0.2 cents/kg (AU)
3501.10.70          Other........................  $2.16/kg   Free (MX)                   $2.81/kg
3501.90       Other:                                       ..........................
3501.90.05        Casein glues...................        6%   Free (A, AU, BH, CA, CL,         30%
CO, E, IL, J, JO, MA, MX,
OM, P, PE, SG)
4.8% (KR)
Other:                                      ..........................
3501.90.30         Suitable only for industrial          6%   Free (A, AU, BH, CA, CL,         30%
uses other than the                        CO, E, IL, J, JO, MA, MX,
manufacture of food for                    OM, P, PE, SG)
humans or other animals or as             4.8% (KR)
ingredients in such food.....
Other:                                     ..........................
3501.90.55          Described in general note 15   0.37 cent  Free (A, BH, CA, CL, CO,    12.1 cent
of the tariff schedule and        s/kg    E, IL, J, JO, KR, MA, MX,      s/kg
entered pursuant to its                   OM, P, PE, SG)
provisions..................             0.2 cents/kg (AU)
3501.90.65          Described in additional U.S.   0.37 cent  Free (A, BH, CA, CL, CO,    12.1 cent
note 2 to this chapter and        s/kg    E, IL, J, JO, KR, MA, OM,      s/kg
entered according to its                  P, PE, SG)
provisions..................             0.2 cents/kg (AU)
3501.90.70          Other........................  $2.16/kg   Free (MX)                   $2.81/kg   ''
.

[[Page S3789]]

(b) Milk Protein Concentrates.--
(1) In general.--The Additional U.S. Notes to chapter 4 of
the Harmonized Tariff Schedule of the United States are
amended--
(A) in Note 13, by striking ``subheading 0404.90.10'' and
inserting ``subheadings 0404.90.05, 0404.90.15, and
0404.90.20''; and
(B) by adding at the end the following new Note:
``27. The aggregate quantity of milk protein concentrates
entered under subheading 0404.90.15 in any calendar year
shall not exceed 18,488,000 kilograms. Articles the product
of Mexico shall not be permitted or included under this
quantitative limitation and no such article shall be
classifiable therein.''.
(2) Rates for certain milk protein concentrates.--Chapter 4
of the Harmonized Tariff Schedule of the United States is
amended by striking subheadings 0404.90 through 0404.90.10
and inserting the following new subheadings, with the article
description for subheading 0404.90 having the same degree of
indentation as the article description for subheading 0404.10
and with the article descriptions for subheadings 0404.90.05,
0404.90.15, and 0404.90.20 having the same degree of
indentation as the article description for subheading
0405.20.40:

``          0404.90       Other:                                       ..........................
Milk protein concentrates:                  ..........................
0404.90.05         Described in general note 15    0.37 cent  Free (A, BH, CA, CL, CO,    12 cents/
of the tariff schedule and         s/kg    E, IL, J, JO, KR, MA, MX,        kg
entered pursuant to its                    OM, P, PE, SG)
provisions...................              0.2 cents/kg (AU)
0404.90.15         Described in additional U.S.    0.37 cent  Free (A, BH, CA, CL, CO,    12 cents/
note 27 to this chapter and        s/kg    E, IL, J, JO, KR, MA, OM,        kg
entered pursuant to its                    P, PE, SG)
provisions...................             0.2 cents/kg (AU)
0404.90.20         Other.........................  $1.56/kg   Free (MX)                   $2.02/kg   ''
.

(c) Effective Date.--
(1) In general.--The amendments made by this section apply
to goods entered, or withdrawn from warehouse for
consumption, on or after the first day of the first month
after the date that is 90 days after the date of the
enactment of this Act.
(2) Transitional provisions.--
(A) Chapter 35.--Notwithstanding the amendments made by
subsection (a)(1) of this section, in the case of any
calendar year that includes the effective date described in
paragraph (1), the aggregate amount of casein, caseinates,
milk protein concentrate, and other casein derivatives
entered under subheadings 3501.10.15, 3501.10.65, and
3501.90.65 shall not exceed an amount equal to 151,992
kilograms multiplied by the number of calendar days remaining
in such year beginning with such effective date.
(B) Chapter 4.--Notwithstanding the amendments made by
subsection (b)(1) of this section, in the case of any
calendar year that includes the effective date described in
paragraph (1), the aggregate amount of milk protein
concentrates entered under subheading 0404.90.15 shall not
exceed an amount equal to 50,652 kilograms multiplied by the
number of calendar days remaining in such year beginning with
such effective date.

SEC. 3303. COMPENSATION AUTHORITY.

(a) In General.--If the provisions of section 3302 require,
the President--
(1) may enter into a trade agreement with any foreign
country or instrumentality for the purpose of granting new
concessions as compensation in order to maintain the general
level of reciprocal and mutually advantageous concessions;
and
(2) may proclaim such modification or continuance of any
general rate of duty, or such continuance of duty-free or
excise treatment, or any quantitative limitation, as the
President determines to be required or appropriate to carry
out any such agreement.
(b) Limitations.--
(1) In general.--No proclamation shall be made pursuant to
subsection (a) decreasing any general rate of duty to a rate
that is less than 70 percent of the existing general rate of
duty.
(2) Special rule for certain duty reductions.--If the
general rate of duty in effect is an intermediate stage under
an agreement in effect before August 6, 2002, under section
1102(a) of the Omnibus Trade and Competitiveness Act of 1988
(19 U.S.C. 2902) or under an agreement entered into under
section 2103 (a) or (b) of the Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3803), the proclamation made
pursuant to subsection (a) may provide for the reduction of
each general rate of duty at each such stage by not more than
30 percent of such general rate of duty, and may provide for
a final general rate of duty that is not less than 70 percent
of the general rate of duty proclaimed as the final stage
under such agreement.
(3) Rounding.--If the President determines that such action
will simplify the computation of the amount of duty computed
with respect to an article, the President may exceed the
limitations provided in paragraphs (1) and (2) by not more
than the lesser of--
(A) the difference between such limitation and the next
lower whole number, or
(B) one-half of 1 percent ad valorem.
______

SA 2159. Mrs. SHAHEEN (for herself, Mr. Luger, Mr. Kirk, Mr. Durbin,
Mr. Toomey, and Mr. Coats) 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 subtitle C of title I and insert the following:

Subtitle C--Sugar

SEC. 1301. SUGAR PROGRAM.

(a) Sugarcane.--Section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is
amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) 18 cents per pound for raw cane sugar for each of the
2013 through 2017 crop years.''.
(b) Sugar Beets.--Section 156(b)(2) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(b)(2)) is amended by striking ``2012'' and inserting
``2017''.
(c) Effective Period.--Section 156(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(i)) is amended by striking ``2012'' and inserting
``2017''.

SEC. 1302. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.

(a) In General.--Section 359b of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359bb) is amended--
(1) in subsection (a)(1)--
(A) in the matter before subparagraph (A), by striking
``2012'' and inserting ``2017''; and
(B) in subparagraph (B), by inserting ``at reasonable
prices'' after ``stocks'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``but'' after the
semicolon at the end and inserting ``and''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) appropriate to maintain adequate domestic supplies at
reasonable prices, taking into account all sources of
domestic supply, including imports.''; and
(3) in subsection (c)(2)(C), by striking ``if the
disposition of the sugar is administered by the Secretary
under section 9010 of the Farm Security and Rural Investment
Act of 2002''.
(b) Establishment of Flexible Marketing Allotments.--
Section 359c of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359cc) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``but'' after the
semicolon at the end and inserting ``and''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) appropriate to maintain adequate supplies at
reasonable prices, taking into account all sources of
domestic supply, including imports.''; and
(B) in paragraph (2)(B), by inserting ``at reasonable
prices'' after ``market''; and
(2) in subsection (g)--
(A) by striking ``Allotments.--'' and all that follows
through ``Subject to subparagraph (B), the'' and inserting
``Allotments.--The''; and
(B) by striking subparagraph (B).

[[Page S3790]]

(c) Suspension or Modification of Provisions.--Section 359j
of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359jj)
is amended by adding at the end the following:
``(c) Suspension or Modification of Provisions.--
Notwithstanding any other provision of this part, the
Secretary may suspend or modify, in whole or in part, the
application of any provision of this part if the Secretary
determines that the action is appropriate, taking into
account--
``(1) the interests of consumers, workers in the food
industry, businesses (including small businesses), and
agricultural producers; and
``(2) the relative competitiveness of domestically produced
and imported foods containing sugar.''.
(d) Administration of Tariff Rate Quotas.--Section 359k of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) is
amended to read as follows:

``SEC. 359K. ADMINISTRATION OF TARIFF RATE QUOTAS.

``(a) Establishment.--Notwithstanding any other provision
of law, at the beginning of the quota year, the Secretary
shall establish the tariff-rate quotas for raw cane sugar and
refined sugar at no less than the minimum level necessary to
comply with obligations under international trade agreements
that have been approved by Congress.
``(b) Adjustment.--
``(1) In general.--Subject to subsection (a), the Secretary
shall adjust the tariff-rate quotas for raw cane sugar and
refined sugar to provide adequate supplies of sugar at
reasonable prices in the domestic market.
``(2) Ending stocks.--Subject to paragraphs (1) and (3),
the Secretary shall establish and adjust tariff-rate quotas
in such a manner that the ratio of sugar stocks to total
sugar use at the end of the quota year will be approximately
15.5 percent.
``(3) Maintenance of reasonable prices and avoidance of
forfeitures.--
``(A) In general.--The Secretary may establish a different
target for the ratio of ending stocks to total use if, in the
judgment of the Secretary, the different target is necessary
to prevent--
``(i) unreasonably high prices; or
``(ii) forfeitures of sugar pledged as collateral for a
loan under section 156 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7272).
``(B) Announcement.--The Secretary shall publicly announce
any establishment of a target under this paragraph.
``(4) Considerations.--In establishing tariff-rate quotas
under subsection (a) and making adjustments under this
subsection, the Secretary shall consider the impact of the
quotas on consumers, workers, businesses (including small
businesses), and agricultural producers.
``(c) Temporary Transfer of Quotas.--
``(1) In general.--To promote full use of the tariff-rate
quotas for raw cane sugar and refined sugar, notwithstanding
any other provision of law, the Secretary shall promulgate
regulations that provide that any country that has been
allocated a share of the quotas may temporarily transfer all
or part of the share to any other country that has also been
allocated a share of the quotas.
``(2) Transfers voluntary.--Any transfer under this
subsection shall be valid only on voluntary agreement between
the transferor and the transferee, consistent with procedures
established by the Secretary.
``(3) Transfers temporary.--
``(A) In general.--Any transfer under this subsection shall
be valid only for the duration of the quota year during which
the transfer is made.
``(B) Following quota year.--No transfer under this
subsection shall affect the share of the quota allocated to
the transferor or transferee for the following quota year.''.
(e) Effective Period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ``2012'' and inserting ``2017''.
On page 897, strike lines 8 through 15, and insert the
following:

SEC. 9009. REPEAL OF FEEDSTOCK FLEXIBILITY PROGRAM FOR
BIOENERGY PRODUCERS.

(a) In General.--Section 9010 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed.
(b) Conforming Amendments.--
(1) Section 359a(3)(B) of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359aa(3)(B)) is amended--
(A) in clause (i), by inserting ``and'' after the semicolon
at the end;
(B) in clause (ii), by striking ``; and'' at the end and
inserting a period; and
(C) by striking clause (iii).
(2) Section 359b(c)(2)(C) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1359bb(c)(2)(C)) is amended by striking
``, except for'' and all that follows through `` of 2002''.
______

SA 2160. Mrs. SHAHEEN (for herself, Mr. Kirk, and Mr. Lautenberg)
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 subtitle C of title I and insert the following:

Subtitle C--Sugar

SEC. 1301. SHORT TITLE.

This subtitle may be cited as the ``Stop Unfair Giveaways
and Restrictions Act of 2012'' or ``SUGAR Act of 2012''.

SEC. 1302. SUGAR PROGRAM.

(a) In General.--Section 156 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272) is
amended--
(1) in subsection (d), by striking paragraph (1) and
inserting the following:
``(1) Loans.--The Secretary shall carry out this section
through the use of recourse loans.'';
(2) by redesignating subsection (i) as subsection (j);
(3) by inserting after subsection (h) the following:
``(i) Phased Reduction of Loan Rate.--For each of the 2012,
2013, and 2014 crops of sugar beets and sugarcane, the
Secretary shall lower the loan rate for each succeeding crop
in a manner that progressively and uniformly lowers the loan
rate for sugar beets and sugarcane to $0 for the 2015
crop.''; and
(4) in subsection (j) (as redesignated), by striking
``2012'' and inserting ``2014''.
(b) Prospective Repeal.--Effective beginning with the 2015
crop of sugar beets and sugarcane, section 156 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272) is repealed.

SEC. 1303. ELIMINATION OF SUGAR PRICE SUPPORT AND PRODUCTION
ADJUSTMENT PROGRAMS.

(a) In General.--Notwithstanding any other provision of
law--
(1) a processor of any of the 2015 or subsequent crops of
sugarcane or sugar beets shall not be eligible for a loan
under any provision of law with respect to the crop; and
(2) the Secretary may not make price support available,
whether in the form of a loan, payment, purchase, or other
operation, for any of the 2015 and subsequent crops of sugar
beets and sugarcane by using the funds of the Commodity
Credit Corporation or other funds available to the Secretary.
(b) Termination of Marketing Quotas and Allotments.--
(1) In general.--Part VII of subtitle B of title III of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.)
is repealed.
(2) Conforming amendment.--Section 344(f)(2) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is
amended by striking ``sugar cane for sugar, sugar beets for
sugar,''.
(c) General Powers.--
(1) Section 32 activities.--Section 32 of the Act of August
24, 1935 (7 U.S.C. 612c), is amended in the second sentence
of the first paragraph--
(A) in paragraph (1), by inserting ``(other than sugar
beets and sugarcane)'' after ``commodities''; and
(B) in paragraph (3), by inserting ``(other than sugar
beets and sugarcane)'' after ``commodity''.
(2) Powers of commodity credit corporation.--Section 5(a)
of the Commodity Credit Corporation Charter Act (15 U.S.C.
714c(a)) is amended by inserting ``, sugar beets, and
sugarcane'' after ``tobacco''.
(3) Price support for nonbasic agricultural commodities.--
Section 201(a) of the Agricultural Act of 1949 (7 U.S.C.
1446(a)) is amended by striking ``milk, sugar beets, and
sugarcane'' and inserting ``, and milk''.
(4) Commodity credit corporation storage payments.--Section
167 of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7287) is repealed.
(5) Suspension and repeal of permanent price support
authority.--Section 171(a)(1) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is
amended--
(A) by striking subparagraph (E); and
(B) by redesignating subparagraphs (F) through (I) as
subparagraphs (E) through (H), respectively.
(6) Storage facility loans.--Section 1402(c) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7971) is
repealed.
(7) Feedstock flexibility program for bioenergy
producers.--Effective beginning with the 2013 crop of sugar
beets and sugarcane, section 9010 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed.
(d) Transition Provisions.--This section and the amendments
made by this section shall not affect the liability of any
person under any provision of law as in effect before the
application of this section and the amendments made by this
section.

SEC. 1304. TARIFF-RATE QUOTAS.

(a) Establishment.--Except as provided in subsection (c)
and notwithstanding any other provision of law, not later
than October 1, 2012, the Secretary shall develop and
implement a program to increase the tariff-rate quotas for
raw cane sugar and refined sugars for a quota year in a
manner that ensures--
(1) a robust and competitive sugar processing industry in
the United States; and
(2) an adequate supply of sugar at reasonable prices in the
United States.
(b) Factors.--In determining the tariff-rate quotas
necessary to satisfy the requirements of subsection (a), the
Secretary shall consider the following:
(1) The quantity and quality of sugar that will be subject
to human consumption in the United States during the quota
year.
(2) The quantity and quality of sugar that will be
available from domestic processing of sugarcane, sugar beets,
and in-process beet sugar.
(3) The quantity of sugar that would provide for reasonable
carryover stocks.

[[Page S3791]]

(4) The quantity of sugar that will be available from
carryover stocks for human consumption in the United States
during the quota year.
(5) Consistency with the obligations of the United States
under international agreements.
(c) Exemption.--Subsection (a) shall not include specialty
sugar.
(d) Definitions.--In this section, the terms ``quota year''
and ``human consumption'' have the meaning such terms had
under section 359k of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1359kk) (as in effect on the day before the date of
the enactment of this Act).

SEC. 1305. APPLICATION.

Except as otherwise provided in this subtitle, this
subtitle and the amendments made by this subtitle shall apply
beginning with the 2012 crop of sugar beets and sugarcane.
______

SA 2161. Mrs. GILLIBRAND submitted an amendment intended to be
proposed by her to the bill S. 3240, to reauthorize agricultural
programs through 2017, and for other purposes; which was ordered to lie
on the table; as follows:

On page 331, between lines 2 and 3, insert the following:

SEC. 4009. PLAN FOR INTERVIEWING HOUSEHOLDS.

Section 11(e)(3) of the Food and Nutrition Act of 2008 (7
U.S.C. 2020(e)(3)) is amended by striking ``by way of'' and
inserting ``using a plan for interviewing households at the
time of application and recertification of eligibility, in a
manner approved by the Secretary and that is adequate to
ensure the integrity of the program and accuracy of payments,
but not requiring that every applicant household be
interviewed at application or that every participating
household be interviewed at every recertification, and
using''.
______

SA 2162. Mr. McCAIN (for himself, Mr. Inhofe, Mr. Sessions, Mr.
Chambliss, Mr. Wicker, Mr. Brown of Massachusetts, Mr. Portman, Ms.
Ayotte, Ms. Collins, Mr. Graham, Mr. Cornyn, and Mr. Vitter) submitted
an amendment intended to be proposed by him to the bill S. 3240, to
reauthorize agricultural programs through 2017, and for other purposes;
which was ordered to lie on the table; as follows:

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

SEC. 12207. REPORT ON EFFECTS OF BUDGET SEQUESTRATION ON THE
DEPARTMENT OF DEFENSE.

(a) Findings.--Congress makes the following findings:
(1) The inability of the Joint Select Committee on Deficit
Reduction to find $1,200,000,000,000 in savings will trigger
automatic funding reductions known as ``sequestration'' to
the Department of Defense of $492,000,000,000 between 2013
and 2021 under section 251A of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a).
(2) These reductions are in addition to reductions of
$487,000,000,000 already being implemented by the Department
of Defense, and would decrease the readiness and capabilities
of the Armed Forces while increasing risks to the effective
implementation of the National Security Strategy of the
United States.
(3) The leaders of the Department of Defense have
consistently testified that threats to the national security
of the United States have increased, not decreased. Secretary
of Defense Leon Panetta said that these reductions would
``inflict severe damage to our national defense for
generations'', comments that have been echoed by the
Secretaries of the Army, Navy, and Air Force.
(4) While reductions in funds available for the Department
of Defense will automatically commence January 2, 2013,
uncertainty regarding the reductions has already exacerbated
Department of Defense efforts to plan future defense budgets.
(5) Sequestration will have a detrimental effect on the
industrial base that supports the Department of Defense.
(b) Report.--
(1) In general.--Not later than August 15, 2012, the
Secretary of Defense shall submit to the appropriate
committees of Congress a detailed report on the impact on the
Department of Defense of the sequestration of funds
authorized and appropriated for fiscal year 2013 for the
Department of Defense, if automatically triggered on January
2, 2013, under section 251A of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the potential impact of sequestration
on the readiness of the Armed Forces, including impacts to
steaming hours, flying hours, and full spectrum training
miles, and an estimate of the increase or decrease in
readiness (as defined in the C status C 1 through C 5).
(B) An assessment of the potential impact of sequestration
on the ability of the Department of Defense to carry out the
National Military Strategy of the United States, and any
changes to the most recent Risk Assessment of the Chairman of
the Joint Chiefs of Staff under section 153(b) of title 10,
United States Code arising from sequestration.
(C) A detailed estimate of the reduction in force of
civilian personnel as a result of sequestration, including
the estimated timing of such reduction in force actions and
timing of reduction in force notifications thereof.
(D) A list of the programs, projects, and activities across
the Department of Defense, the military departments, and the
elements and components of the Department of Defense that
would be reduced or terminated as a result of sequestration.
(E) An estimate of the number and value of all contracts
that will be terminated, restructured, or revised in scope as
a result of sequestration, including an estimate of potential
termination costs and of increased contract costs due to
renegotiation and reinstatement of contracts.
(F) An assessment of the impact on ongoing military
operations, and the safety of United States military
personnel, of sequestration of funds in accounts for overseas
contingency operations.
(3) Assumptions.--The report required by paragraph (1)
shall assume the following:
(A) Except as provided in subparagraph (B), the funds
subject to sequester are the funds in all 050 accounts,
including all unobligated balances.
(B) Funds in accounts for military personnel are exempt
from the sequester.
(4) Presentation of certain information.--In listing
programs, projects, and activities under paragraph (2)(D),
the report required by paragraph (1) shall set forth for each
the following:
(A) The most specific level of budget item identified in
applicable appropriations Acts.
(B) Related classified annexes and explanatory statements.
(C) Department of Defense budget justification documents
DOD P 1 and R 1 as subsequently modified by congressional
action, and as submitted by the Department of Defense
together with the budget materials for the budget of the
President for fiscal year 2013 (as submitted to Congress
pursuant to section 1105(a) of title 31, United States Code).
(D) Department of Defense document O 1 for operation and
maintenance accounts for fiscal year 2013, for which purpose
the term ``program, project, or activity'' means the budget
activity account and sub account for the program, project, or
activity as submitted in such document O 1.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services, Appropriations, and
the Budget of the Senate; and
(2) the Committees on Armed Services, Appropriations, and
the Budget of the House of Representatives.
______

SA 2163. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 3240, to reauthorize agricultural programs through
2017, and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 122___. PROHIBITION ON USE OF FEDERAL FUNDS RELATING TO
ETHANOL BLENDER PUMPS AND ETHANOL STORAGE
FACILITIES.

Effective beginning on the date of enactment of this Act,
no funds made available by Federal law shall be expended to
construct, fund, install, or operate an ethanol blender pump
or an ethanol storage facility (unless the funds are expended
to construct, fund, install, or operate an ethanol blender
pump or an ethanol storage facility for use by motor vehicle
fleets operated by a Federal agency), including--
(1) funds in any trust fund to which funds are made
available by Federal law; and
(2) any funds made available under the Rural Energy for
America Program established under section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107).
______

SA 2164. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 3240, to reauthorize agricultural programs through
2017, and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 12207. CRIMINAL PENALTIES UNDER THE FEDERAL FOOD, DRUG,
AND COSMETIC ACT RELATING TO MISBRANDED OR
ADULTERATED FOOD.

Section 303(a) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 333(a)) is amended--
(1) in paragraph (1), by striking ``Any'' and inserting
``Except as provided in paragraph (2) or (3), any'';
(2) in paragraph (2), by striking ``Notwithstanding the
provisions of paragraph (1) of this section, if'' and
inserting ``If''; and
(3) by adding at the end the following:
``(3) Any person who violates subsection (a), (b), (c), or
(k) of section 301 with respect to any food--
``(A) knowingly and intentionally to defraud or mislead;
and
``(B) with conscious or reckless disregard of a risk of
death or serious bodily injury,
shall be fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.''.
______

SA 2165. Mr. BARRASSO (for himself, Mr. Boozman, Mr. Inhofe, Mr.

[[Page S3792]]

Sessions, Mr. Heller, Mr. Vitter, and Mr. Crapo) 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. IDENTIFICATION OF WATERS PROTECTED BY THE CLEAN
WATER ACT.

(a) In General.--Neither the Secretary of the Army nor the
Administrator of the Environmental Protection Agency shall--
(1) finalize the proposed guidance described in the notice
of availability and request for comments entitled ``EPA and
Army Corps of Engineers Guidance Regarding Identification of
Waters Protected by the Clean Water Act'' (EPA HQ OW 2011
0409) (76 Fed. Reg. 24479 (May 2, 2011)); or
(2) use the guidance described in paragraph (1), or any
substantially similar guidance, as the basis for any decision
regarding the scope of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) or any rulemaking.
(b) Rules.--The use of the guidance described in subsection
(a)(1), or any substantially similar guidance, as the basis
for any rule shall be grounds for vacation of the rule.
______

SA 2166. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 3240, to reauthorize agricultural programs through
2017, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. PAYMENT OF HIGHER WAGES.

Section 9(a) of the National Labor Relations Act (29 U.S.C.
159(a)) is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Notwithstanding a labor organization's exclusive
representation of employees in a unit, or the terms and
conditions of any collective bargaining contract or agreement
then in effect, nothing in either--
``(A) section 8(a)(1) or section 8(a)(5), or
``(B) a collective bargaining contract or agreement renewed
or entered into after the date of enactment of the RAISE Act,

shall prohibit an employer from paying an employee in the
unit greater wages, pay, or other compensation for, or by
reason of, his or her services as an employee of such
employer, than provided for in such contract or agreement.''.
______

SA 2167. Mr. GRASSLEY 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 140, strike line 1 and insert the following:
(b) Limitation on Marketing Loan Gains and Loan Deficiency
Payments for Peanuts and Other Covered Commodities.--Section
1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is
amended by striking subsection (d) and inserting the
following:
``(d) Limitation on Marketing Loan Gains and Loan
Deficiency Payments for Peanuts and Other Covered
Commodities.--The total amount of marketing loan gains and
loan deficiency payments received, directly or indirectly, by
a person or legal entity (except a joint venture or general
partnership) for any crop year under subtitle B of the
Agriculture Reform, Food, and Jobs Act of 2012 (or a
successor provision) for--
``(1) peanuts may not exceed $75,000; and
``(2) 1 or more other covered commodities may not exceed
$75,000.''.
(c) Conforming Amendments.--
On page 143, line 9, strike ``(c)'' and insert ``(d)''.
______

SA 2168. Mr. GRASSLEY 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 139, lines 17 and 18, strike ``Peanuts and Other''.
On page 139, lines 22 through 24, strike ``for--'' and all
that follows through ``1 or more other'' and insert ``for 1
or more''.
______

SA 2169. Mr. GRASSLEY 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 424, between lines 3 and 4, insert the following:
``(d) Limitation on Period Borrowers Are Eligible for
Guaranteed Loans.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall not guarantee a loan under this chapter for a borrower
for any year after the 15th year that a guarantee is provided
with respect to, the borrower under this chapter.
``(2) Waivers.--
``(A) In general.--The Secretary may, on a case-by-case
basis not subject to administrative appeal, grant a borrower
a waiver from the limitation period under paragraph (1) if
the borrower demonstrates to the satisfaction of the
Secretary that--
``(i) the borrower has a viable farm or ranch operation;
and
``(ii) the borrower is unable to obtain a commercial loan
without a loan guarantee.
``(B) Waiver period.--A waiver issued under subparagraph
(A) shall not be for a period of more than 3 years.
______

SA 2170. Mr. GRASSLEY (for himself and Mr. Conrad) submitted an
amendment intended to be proposed by him to the bill S. 3240, to
reauthorize agricultural programs through 2017, and for other purposes;
which was ordered to lie on the table; as follows:

On page 998, between lines 7 and 8, insert the following:

SEC. 12106. PROHIBITION ON PACKERS OWNING, FEEDING, OR
CONTROLLING LIVESTOCK.

(a) In General.--Section 202 of the Packers and Stockyards
Act, 1921 (7 U.S.C. 192), is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Own or feed livestock directly, through a subsidiary,
or through an arrangement that gives the packer operational,
managerial, or supervisory control over the livestock, or
over the farming operation that produces the livestock, to
such an extent that the producer is no longer materially
participating in the management of the operation with respect
to the production of the livestock, except that this
subsection shall not apply to--
``(1) an arrangement entered into within 14 days (excluding
any Saturday or Sunday) before slaughter of the livestock by
a packer, a person acting through the packer, or a person
that directly or indirectly controls, or is controlled by or
under common control with, the packer;
``(2) a cooperative or entity owned by a cooperative, if a
majority of the ownership interest in the cooperative is held
by active cooperative members that--
``(A) own, feed, or control livestock; and
``(B) provide the livestock to the cooperative for
slaughter;
``(3) a packer that is not required to report to the
Secretary on each reporting day (as defined in section 212 of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a))
information on the price and quantity of livestock purchased
by the packer; or
``(4) a packer that owns 1 livestock processing plant;
or''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by subsection (a) take effect on the date of enactment
of this Act.
(2) Transition rules.--In the case of a packer that on the
date of enactment of this Act owns, feeds, or controls
livestock intended for slaughter in violation of section
202(f) of the Packers and Stockyards Act, 1921 (as amended by
subsection (a)), the amendments made by subsection (a) apply
to the packer--
(A) in the case of a packer of swine, beginning on the date
that is 18 months after the date of enactment of this Act;
and
(B) in the case of a packer of any other type of livestock,
beginning as soon as practicable, but not later than 180
days, after the date of enactment of this Act, as determined
by the Secretary.
______

SA 2171. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 3240, to reauthorize agricultural programs
through 2017, and for other purposes; which was ordered to lie on the
table; as follows:

On page 313, after line 25, insert the following:

SEC. 4003. SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS.

Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C.
2014) is amended by adding at the end the following:
``(o) Systematic Alien Verification for Entitlements.--
``(1) Definition of satisfactory immigration status.--In
this subsection, the term `satisfactory immigration status'
means an immigration status under which an individual is
eligible for benefits under the supplemental nutrition
assistance program, if the individual otherwise meets the
requirements of this Act.
``(2) Declaration.--
``(A) In general.--As a condition of eligibility for the
supplemental nutrition assistance program, the Secretary
shall require each head of a household seeking to participate
in the program to submit to the applicable State agency a
written declaration in accordance with subparagraph (B),
which the head of household shall sign under penalty of
perjury.
``(B) Contents.--The head of household shall certify in the
written declaration under subparagraph (A) that each member
of the household is--
``(i) national of the United States (as that term is
defined in section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)); or
``(ii) in a satisfactory immigration status.
``(3) Documentation.--
``(A) Nationals of the united states.--Subject to
subparagraph (B), for each member of a household for which a
certification is made under clause (i) of paragraph (2)(B),
the head of household shall submit to the

[[Page S3793]]

State agency administering the supplemental nutrition
assistance program documentation demonstrating that each such
member is a national of the United States that is--
``(i) a document showing birth in the United States;
``(ii) a United States consular report of birth;
``(iii) a United States passport;
``(iv) a Certificate of Naturalization; or
``(v) a Certificate of Citizenship.
``(B) Satisfactory immigration status.--Subject to
subparagraph (B), for each member of a household for which a
certification is made under clause (ii) of paragraph (2)(B),
the head of household shall submit to the State agency
administering the supplemental nutrition assistance program--
``(i) alien registration documentation or other proof of
immigration registration issued by the Secretary of Homeland
Security that contains--

``(I) the alien admission number of the individual; and
``(II) the alien file number of the individual; or

``(ii) any other document that the State agency determines
constitutes reasonable evidence of a satisfactory immigration
status.
``(C) Adult household members.--An individual who is a
member of a household who is 18 years of age or older for
which a certification is made under clause (i) or (ii) of
paragraph (2)(B) shall submit to the State agency the
documentation described in subparagraph (A) or (B) on such
individual's own behalf.
``(4) Systematic alien verification for entitlements
program.--For documentation described in paragraph (3)(B),
the State agency to which the documentation is submitted
shall use the alien admission number or alien file number of
the individual to verify the immigration status of the
individual using the Systematic Alien Verification for
Entitlements Program of the United States Citizenship and
Immigration Services.''.
______

SA 2172. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 3240, to reauthorize agricultural programs
through 2017, and for other purposes; which was ordered to lie on the
table; as follows:

On page 335, between lines 8 and 9, insert the following:

SEC. 4011. REPEAL OF STATE BONUS PAYMENTS.

Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C.
2025) is amended by striking subsection (d).
______

SA 2173. Mr. SESSIONS (for himself and Ms. Ayotte) submitted an
amendment intended to be proposed by him to the bill S. 3240, to
reauthorize agricultural programs through 2017, and for other purposes;
which was ordered to lie on the table; as follows:

Strike section 4002 and insert the following:

SEC. 4002. STANDARD UTILITY ALLOWANCE.

(a) Standard Utility Allowance.--Section 5 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014) is amended--
(1) in subsection (e)(6)(C), by striking clause (iv); and
(2) in subsection (k), by striking paragraph (4) and
inserting the following:
``(4) Third party energy assistance payments.--For purposes
of subsection (d)(1), a payment made under a State law (other
than a law referred to in paragraph (2)(G)) to provide energy
assistance to a household shall be considered money payable
directly to the household.''.
(b) Conforming Amendments.--Section 2605(f)(2) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C.
8624(f)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``and for purposes of determining any excess shelter expense
deduction under section 5(e) of the Food and Nutrition Act of
2008 (7 U.S.C. 2014(e))''; and
(2) in subparagraph (A), by inserting before the semicolon
the following: ``, except that such payments or allowances
shall not be considered to be expended for purposes of
determining any excess shelter expense deduction under
section 5(e)(6) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(e)(6))''.
______

SA 2174. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 3240, to reauthorize agricultural programs
through 2017, and for other purposes; which was ordered to lie on the
table; as follows:

On page 312, between lines 8 and 9, insert the following:

SEC. 4002. LIMITATION ON CATEGORICAL ELIGIBILITY.

Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C.
2014) is amended--
(1) in the second sentence of subsection (a), by striking
``households in which each member receives benefits'' and
inserting ``households in which each member receives cash
assistance''; and
(2) in subsection (j), by striking ``or who receives
benefits under a State program'' and inserting ``or who
receives cash assistance under a State program''.
______

SA 2175. Mr. BARRASSO submitted an amendment intended to be proposed
by him to the bill S. 3240, to reauthorize agricultural programs
through 2017, and for other purposes; which was ordered to lie on the
table; as follows:

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

SEC. 122__. GRAZING PERMITS AND LEASES.

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

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

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

SA 2176. Mr. BARRASSO submitted an amendment intended to be proposed

[[Page S3794]]

by him to the bill S. 3240, to reauthorize agricultural programs
through 2017, and for other purposes; which was ordered to lie on the
table; as follows:

On page 880, between lines 3 and 4, insert the following:

SEC. 83___. COOPERATIVE AGREEEMENTS FOR FOREST, RANGELAND,
AND WATERSHED RESTORATION AND PROTECTION
SERVICES.

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

SA 2177. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 3240, to reauthorize agricultural programs through
2017, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. NAVIGABLE WATERS.

(a) Short Title.--This section may be cited as the
``Defense of Environment and Property Act of 2012''.
(b) Navigable Waters.--
(1) In general.--Section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362) is amended by striking paragraph
(7) and inserting the following:
``(7) Navigable waters.--
``(A) In general.--The term `navigable waters' means the
waters of the United States, including the territorial seas,
that are--
``(i) navigable-in-fact; or
``(ii) permanent, standing, or continuously flowing bodies
of water that form geographical features commonly known as
streams, oceans, rivers, and lakes that are connected to
waters that are navigable-in-fact.
``(B) Exclusions.--The term `navigable waters' does not
include--
``(i) waters that--

``(I) do not physically abut waters described in
subparagraph (A); and
``(II) lack a continuous surface water connection to
navigable waters;

``(ii) man-made or natural structures or channels--

``(I) through which water flows intermittently or
ephemerally; or
``(II) that periodically provide drainage for rainfall; or

``(iii) wetlands without a continuous surface connection to
bodies of water that are waters of the United States.
``(C) EPA and corps activities.--An activity carried out by
the Administrator or the Corps of Engineers shall not,
without explicit State authorization, impinge upon the
traditional and primary power of States over land and water
use.
``(D) Aggregation; wetlands.--
``(i) Aggregation.--Aggregation of wetlands or waters not
described in clauses (i) through (iii) of subparagraph (B)
shall not be used to determine or assert Federal
jurisdiction.
``(ii) Wetlands.--Wetlands described in subparagraph
(B)(iii) shall not be considered to be under Federal
jurisdiction.
``(E) Appeals.--A jurisdictional determination by the
Administrator that would affect the ability of a State to
plan the development and use (including restoration,
preservation, and enhancement) of land and water resources
may be appealed by the State during the 30-day period
beginning on the date of the determination.
``(F) Treatment of ground water.--Ground water shall--
``(i) be considered to be State water; and
``(ii) not be considered in determining or asserting
Federal jurisdiction over isolated or other waters, including
intermittent or ephemeral water bodies.
``(G) Prohibition on use of nexus test.--Notwithstanding
any other provision of law, the Administrator may not use a
significant nexus test (as used by EPA in the proposed
document listed in section 3(a)(1)) to determine Federal
jurisdiction over navigable waters and waters of the United
States (as those terms are defined and used, respectively, in
section 502 of the Federal Water Pollution Control Act (33
U.S.C. 1362)).''.
(2) Applicability.--Nothing in this subsection or the
amendments made by this subsection affects or alters any
exemption under--
(A) section 402(l) of the Federal Water Pollution Control
Act (33 U.S.C. 1342(l)); or
(B) section 404(f) of the Federal Water Pollution Control
Act (33 U.S.C. 1344(f)).
(c) Applicability of Agency Regulations and Guidance.--
(1) In general.--The following regulations and guidance
shall have no force or effect:
(A) The final rule of the Corps of Engineers entitled
``Final Rule for Regulatory Programs of the Corps of
Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)).
(B) The proposed rule of the Environmental Protection
Agency entitled ``Advance Notice of Proposed Rulemaking on
the Clean Water Act Regulatory Definition of `Waters of the
United States' '' (68 Fed. Reg. 1991 (January 15, 2003)).
(C) The guidance document entitled ``Clean Water Act
Jurisdiction Following the U.S. Supreme Court's Decision in
`Rapanos v. United States' & `Carabell v. United States' ''
(December 2, 2008) (relating to the definition of waters
under the jurisdiction of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.)).
(D) Any subsequent regulation of or guidance issued by any
Federal agency that defines or interprets the term
``navigable waters''.
(2) Prohibition.--The Secretary of the Army, acting through
the Chief of Engineers, and the Administrator of the
Environmental Protection Agency shall not promulgate any
rules or issue any guidance that expands or interprets the
definition of navigable waters unless expressly authorized by
Congress.
(d) State Regulation of Water.--Nothing in this section
affects, amends, or supersedes--
(1) the right of a State to regulate waters in the State;
or
(2) the duty of a landowner to adhere to any State nuisance
laws (including regulations) relating to waters in the State.
(e) Consent for Entry by Federal Representatives.--Section
308 of the Federal Water Pollution Control Act (33 U.S.C.
1318) is amended by striking subsection (a) and inserting the
following:
``(a) In General.--
``(1) Entry by federal agency.--A representative of a
Federal agency shall only enter private property to collect
information about navigable waters if the owner of that
property--
``(A) has consented to the entry in writing;
``(B) is notified regarding the date of the entry; and
``(C) is given access to any data collected from the entry.
``(2) Access.--If a landowner consents to entry under
paragraph (1), the landowner shall have the right to be
present at the time any data collection on the property of
the landowner is carried out.''.
(f) Compensation for Regulatory Taking.--
(1) In general.--If a Federal regulation relating to the
definition of navigable waters or waters of the United States
diminishes the fair market value or economic viability of a
property, as determined by an independent appraiser, the
Federal agency issuing the regulation shall pay the affected
property owner an amount equal to twice the value of the
loss.
(2) Administration.--Any payment provided under paragraph
(1) shall be made from the amounts made available to the
relevant agency head for general operations of the agency.
(3) Applicability.--A Federal regulation described in
paragraph (1) shall have no force or effect until the date on
which each landowner with a claim under this subsection
relating to that regulation has been compensated in
accordance with this subsection.

[[Page S3795]]

______

SA 2178. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 3240, to reauthorize agricultural programs through
2017, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. FREEDOM FROM OVERCRIMINALIZATION AND UNJUST
SEIZURES.

(a) Prohibited Acts.--Section 3(a) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3372(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``or in violation of
any foreign law''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``, or any foreign law,'';
(ii) in clause (ii), by striking ``or any foreign law'';
and
(iii) in clause (iii), by striking ``, or under any foreign
law,''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``foreign law or'';
and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``, or any foreign law,'';
(ii) in clause (ii), by striking ``or any foreign law'';
and
(iii) in clause (iii), by striking ``, or under any foreign
law,''.
(b) Penalties.--Section 4 of the Lacey Act Amendments of
1981 (16 U.S.C. 3373) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) Assessment.--
``(A) In general.--Any person who engages in conduct
prohibited by any provision of this Act (other than
subsections (b), (d), and (f) of section 3) and in the
exercise of due care should know that the fish, wildlife, or
plants were taken, possessed, transported, or sold in
violation of, or in a manner unlawful under, any underlying
law, treaty, or regulation, and any person who knowingly
violates subsection (d) or (f) of section 3, may be assessed
a civil penalty by the Secretary for each violation in
accordance with subparagraph (B) or (C), as applicable.
``(B) Market value of less than $350.--If a violation under
subparagraph (A) involves fish or wildlife or plants with a
market value of less than $350 and involves only the
transportation, acquisition, or receipt of fish, wildlife, or
plants taken or possessed in violation of any law, treaty, or
regulation of the United States, tribal law, or any law or
regulation of a State, the penalty assessed under
subparagraph (A) for the violation shall not exceed the
lesser of--
``(i) the maximum amount of the penalty provided for
violation of the law or regulation; or
``(ii) $10,000.
``(C) Other violations.--For any violation under
subparagraph (A) that is not described in subparagraph (B),
the penalty assessed under that subparagraph shall not exceed
$200,000.''; and
(2) by striking subsections (d) and (e).
(c) Forfeiture.--Section 5 of the Lacey Act Amendments of
1981 (16 U.S.C. 3374) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--All fish, wildlife, or plants imported,
exported, transported, sold, received, acquired, or purchased
in violation of section 3 (other than subsection (b) of that
section), or any regulation issued under that section, shall
be subject to forfeiture to the United States notwithstanding
any culpability requirements for civil penalty assessment
under section 4.'';
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(3) in subsection (b) (as redesignated), by striking
``convicted of an offense, or assessed a civil penalty,'' and
inserting ``assessed a civil penalty''.
(d) Enforcement.--
(1) In general.--Section 6 of the Lacey Act Amendments of
1981 (16 U.S.C. 3375) is amended--
(A) by striking subsection (b);
(B) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(C) in subsection (b) (as redesignated), by striking the
third sentence; and
(D) in the first sentence of subsection (c) (as
redesignated)--
(i) by striking ``an arrest, a criminal conviction, civil
penalty assessment, or forfeiture of property'' and inserting
``a civil penalty assessment or forfeiture of property''; and
(ii) by striking ``or criminal''.
(2) Conforming amendments.--
(A) Section 3(c)(3) of the Fish and Wildlife Improvement
Act of 1978 (16 U.S.C. 742l(c)(3)) is amended by striking
``section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C.
3375(d))'' and inserting ``section 6(c) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375(c))''.
(B) Section 503(b) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1423b(b)) is amended--
(i) by striking the subsection designation and heading and
all that follows through ``The Secretary may utilize'' in
paragraph (1) and inserting the following:
``(b) Utilization of Other Government Resources and
Authorities.--The Secretary may utilize''; and
(ii) by striking paragraph (2).
(C) Section 11(d) of the Endangered Species Act of 1973 (16
U.S.C. 1540(d)) is amended in the fourth sentence by striking
``section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C.
3375(d))'' and inserting ``section 6(c) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375(c))''.
(D) Section 7(f) of the Rhinoceros and Tiger Conservation
Act (16 U.S.C. 5305a(f)) is amended by striking ``section
6(d) of the Lacey Act Amendments of 1981 (16 U.S.C.
3375(d))'' and inserting ``section 6(c) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375(c))''.
(E) Section 524(c)(4)(A) of title 28, United States Code,
is amended by striking ``section 6(d) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting
``section 6(c) of the Lacey Act Amendments of 1981 (16 U.S.C.
3375(c))''.
(F) Section 1402(b)(1)(A)(ii) of the Victims of Crime Act
of 1984 (42 U.S.C. 10601(b)(1)(A)(ii)) is amended by striking
``section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C.
3375(d))'' and inserting ``section 6(c) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375(c))''.
(e) Exceptions.--Section 8 of the Lacey Act Amendments of
1981 (16 U.S.C. 3377) is amended by striking subsection (b)
and inserting the following:
``(b) Activities Regulated by Tuna Convention Acts.--
Paragraphs (1), (2)(A), and (3)(A) of subsection 3(a) shall
not apply to any activity regulated by the Tuna Conventions
Act of 1950 (16 U.S.C. 951 et seq.) or the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971 et seq.).''.
______

SA 2179. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 3240, to reauthorize agricultural programs through
2017, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ___. CARRYING OF FIREARMS BY DEPARTMENT EMPLOYEES.

(a) Authority of the Office of the Inspector General.--
Section 1337 of the Agriculture and Food Act of 1981 (7
U.S.C. 2270) is amended--
(1) in paragraph (1), by inserting ``and'' after the
semicolon;
(2) in paragraph (2), by striking ``; and''; and
(3) by striking paragraph (3).
(b) Firearm Authority of Employees Engaged in Animal
Quarantine Enforcement.--
(1) In general.--Section 1 of Public Law 97 312 (7 U.S.C.
2274) is repealed.
(2) Effect on regulations.--Any regulation promulgated by
the Secretary of Agriculture under section 1 of Public Law 97
312 (7 U.S.C. 2274) shall have no force or effect.
(3) Conforming amendment.--Section 2 of Public Law 97 312
(96 Stat. 1461) is redesignated as section 1.
(c) Enforcement Provisions.--Section 204(b)(1) of the Sikes
Act (16 U.S.C. 670j(b)) is amended--
(1) by striking clause (i); and
(2) by redesignating clauses (ii) through (v) as clauses
(i) through (iv), respectively, and by indenting
appropriately.
______

SA 2180. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 3240, to reauthorize agricultural programs through
2017, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. INTERSTATE TRAFFIC OF UNPASTEURIZED MILK AND MILK
PRODUCTS.

(a) Sale Allowed.--Notwithstanding the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.), section 361 of the
Public Health Service Act (42 U.S.C. 264), and any
regulations or other guidance issued under such Act or
section, a Federal department, agency, or court may not take
any action (such as administrative, civil, criminal, or other
actions) that would prohibit, interfere with, regulate, or
otherwise restrict the interstate traffic of milk, or a milk
product, that is unpasteurized and packaged for direct human
consumption, if such restriction is based on the
determination that, solely because such milk or milk product
is unpasteurized, such milk or milk product is adulterated,
misbranded, or otherwise in violation of Federal law.
(b) Definitions.--In this section, the following
definitions apply:
(1) The terms ``interstate traffic'', ``milk'', and ``milk
product'' have the meanings given those terms in section
1240.3 of title 21, Code of Federal Regulations (as in effect
on the date of enactment of this Act).
(2) The term ``packaged for direct human consumption''
means milk and milk products that are packaged for the final
consumer and intended for human consumption. Such term does
not include milk and milk products that are packaged for
additional processing, including pasteurization, before being
consumed by humans.
(3) The term ``pasteurized'' means the process of heating
milk and milk products to the applicable temperature
specified in the tables contained in section 1240.61 of title
21, Code of Federal Regulations (or successor regulations),
and held continuously at or above that temperature for at
least the corresponding specified time in such tables.
______

SA 2181. Mr. PAUL submitted an amendment intended to be proposed by

[[Page S3796]]

him to the bill S. 3240, to reauthorize agricultural programs through
2017, and for other purposes; which was ordered to lie on the table; as
follows:

Strike section 1605 and insert the following:

SEC. 1605. AVERAGE ADJUSTED GROSS INCOME LIMITATION.

Section 1001D of the Food Security Act of 1985 (7 U.S.C.
1308 3a) is amended by striking subsection (b) and inserting
the following:
``(b) Limitations.--Notwithstanding any other provision of
law, a person or legal entity shall not be eligible to
receive any payment or other benefit under the Agriculture
Reform, Food, and Jobs Act of 2012, or any amendment made by
that Act, during a crop, fiscal, or program year, as
appropriate, if the average adjusted gross income of the
person or legal entity exceeds $250,000.''.
______

SA 2182. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 3240, to reauthorize agricultural programs through
2017, and for other purposes; which was ordered to lie on the table; as
follows:

Beginning on page 312, strike line 2 and all that follows
through page 342, line 10, and insert the following:

Subtitle A--Supplemental Nutrition Assistance Block Grant Program

SEC. 4001. PURPOSE.

The purpose of this subtitle is to empower States with
programmatic flexibility and financial predictability in
designing and operating State programs--
(1) to raise the levels of nutrition among low-income
households;
(2) to provide supplemental nutrition assistance benefits
to households with income and resources that are insufficient
to meet the costs of providing adequate nutrition; and
(3) to provide States the flexibility to provide new and
innovative means to accomplish paragraphs (1) and (2) based
on the population and particular needs of each State.

SEC. 4002. STATE PLANS.

(a) In General.--To receive a grant under section 4003, a
State shall submit to the Secretary a written plan that
describes the manner in which the State intends to conduct a
supplemental nutrition assistance program that--
(1) is designed to serve all political subdivisions in the
State;
(2) provides supplemental nutrition assistance benefits to
low-income households for the sole purpose of purchasing
food, as defined by the applicable State agency in the plan;
and
(3) limits participation in the supplemental nutrition
assistance program to those households the incomes and other
financial resources of which, held singly or in joint
ownership, are determined by the State to be a substantial
limiting factor in permitting the members of the household to
obtain a more nutritious diet.
(b) Requirements.--Each plan shall include--
(1) specific objective criteria for--
(A) the determination of eligibility for nutritional
assistance for low-income households, which may be based on
standards relating to income, assets, family composition,
beneficiary population, age, work, current participation in
other Federal government means-tested programs, and work,
student enrollment, or training requirements; and
(B) fair and equitable treatment of recipients and
provision of supplemental nutrition assistance benefits to
all low-income households in the State; and
(2) a description of--
(A) benefits provided based on the aggregate grant amount;
and
(B) the manner in which supplemental nutrition assistance
benefits will be provided under the State plan, including the
use of State administration organizations, private
contractors, or consultants.
(c) Certification of the Administration of the Program.--
(1) In general.--The Governor of each State that receives a
grant under section 4003 shall issue a certification to the
Secretary in accordance with this subsection.
(2) Administration.--The certification shall specify which
1 or more State agencies will administer and supervise the
State plan under this section.
(3) Provision of benefits only to low-income individuals
and households.--
(A) In general.--The certification shall certify that the
State will--
(i) only provide supplemental nutrition assistance to low-
income individuals and households in the State; and
(ii) take such action as is necessary to prohibit any
household or member of a household that does not meet the
criteria described in subparagraph (B) from receiving
supplemental nutrition assistance benefits.
(B) Criteria.--A household shall meet the criteria
described in this subparagraph if the household is--
(i) a household in which each member receives benefits
under the supplemental security income program established
under title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.);
(ii) a low-income household that does not exceed 100
percentage 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)) for a
family of the size involved as the State shall establish; or
(iii) a household in which each member receives benefits
under a State or Federal general assistance program that
complies with income criteria standards comparable to or more
restrictive than the standards established under clause (ii).
(4) Provision of benefits only to citizens and lawful
permanent residents of the united states.--The certification
shall certify that the State will--
(A) only provide supplemental nutrition assistance to
citizens and lawful permanent residents of the United States;
and
(B) take such action as is necessary to prohibit
supplemental nutrition assistance benefits from being
provided to any individual or household a member of which is
not a citizen or lawful permanent resident of the United
States.
(5) Certification of standards and procedures to ensure
against program fraud, waste and abuse.--The certification
shall certify that the State--
(A) has established and will continue to enforce standards
and procedures to ensure against program fraud, waste, and
abuse, including standards and procedures concerning
nepotism, conflicts of interest among individuals responsible
for the administration and supervision of the State program,
kickbacks, and the use of political patronage; and
(B) will prohibit from further receipt of benefits under
the program any recipient who attempts to receive benefits
fraudulently.
(6) Limitation on secretarial authority.--The Secretary--
(A) may only review a State plan submitted under this
section for the purpose of confirming that a State has
submitted the required documentation; and
(B) shall not have the authority to approve or deny a State
plan submitted under this section or to otherwise inhibit or
control the expenditure of grants paid to a State under
section 4003, unless a State plan does not comply with the
requirements of this section.

SEC. 4003. GRANTS TO STATES.

(a) In General.--Beginning 120 days after the date of
enactment of this Act, and annually thereafter, each State
that has submitted a plan that meets the requirements of
section 4002 shall receive from the Secretary a grant in an
amount determined under subsection (b).
(b) Amounts of Grants.--
(1) In general.--Subject to paragraph (3), a grant received
under subsection (a) shall be in an amount equal to the
product of--
(A) the amount made available under section 4005 for the
applicable fiscal year; and
(B) the proportion that--
(i) the number of individuals residing in the State whose
income does not exceed 100 percent of the poverty line
described in section 4002(c)(3)(B)(ii) applicable to a family
of the size involved; bears to
(ii) the number of such individuals in all States that have
submitted a plan under section 4002 for the applicable fiscal
year, based on data for the most recent fiscal year for which
data is available.
(2) Pro rata adjustments.--The Secretary shall make pro
rata adjustments in the amounts determined for States under
paragraph (1) for each fiscal year as necessary to ensure
that--
(A) the total amount appropriated for the applicable fiscal
year under section 4005 is allotted among all States that
submit a plan under section 4002; and
(B) the total amount of all supplemental nutrition
assistance grants for States determined for the fiscal year
does not exceed the total amount appropriated for the fiscal
year.
(3) Administrative provisions.--
(A) Quarterly payments.--The Secretary shall make each
supplemental nutrition assistance grant payable to a State
for a fiscal year under this section in quarterly
installments.
(B) Computation and certification of payment to states.--
(i) Computation.--The Secretary shall estimate the amount
to be paid to each State for each quarter under this section
based on a report filed by the State that shall include--

(I) an estimate by the State of the total amount to be
expended by the State during the applicable quarter under the
State program funded under this subtitle; and
(II) such other information as the Secretary may require.

(ii) Certification.--The Secretary shall certify to the
Secretary of the Treasury the amount estimated under clause
(i) with respect to each State, adjusted to the extent of any
overpayment or underpayment--

(I) that the Secretary determines was made under this
subtitle to the State for any prior quarter; and
(II) with respect to which adjustment has not been made
under this paragraph.

SEC. 4004. USE OF GRANTS.

(a) In General.--Subject to subsection (b), a State that
receives a grant under section 4003 may use the grant in any
manner that is reasonably demonstrated to accomplish the
purposes of this subtitle.
(b) Limitation on Use of Grant for Administrative
Purposes.--A State may not use more than 3 percent of the
amount of a grant received for a fiscal year under section
4003 for administrative purposes.

[[Page S3797]]

SEC. 4005. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this
subtitle $45,000,000,000 for fiscal year 2013 and each fiscal
year thereafter.

SEC. 4006. REPEAL.

(a) In General.--Effective 120 days after the date of
enactment of this Act, the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) is repealed.
(b) Relationship to Other Law.--Any reference in this Act,
an amendment made by this Act, or any other Act to the
supplemental nutrition assistance program shall be considered
to be a reference to the supplemental nutrition assistance
block grant program under this subtitle.
______

SA 2183. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 3240, to reauthorize agricultural programs through
2017, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. LIMITATION ON FOREIGN ASSISTANCE TO PAKISTAN.

No amounts may be obligated or expended to provide any
direct United States assistance to the Government of Pakistan
unless the President certifies to Congress that--
(1) Dr. Shakil Afridi has been released from prison in
Pakistan;
(2) any criminal charges brought against Dr. Afridi,
including treason, have been dropped; and
(3) if necessary to ensure his freedom, Dr. Afridi has been
allowed to leave Pakistan.
______

SA 2184. Mr. WYDEN (for himself and Mr. Burr) submitted an amendment
intended to be proposed by him to the bill S. 3240, to reauthorize
agricultural programs through 2017, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title III, add the following:

Subtitle D--Other Matters

SEC. 3301. ACCESS OF MEMBERS OF CONGRESS AND THEIR STAFF TO
DOCUMENTS RELATING TO TRADE NEGOTIATIONS.

(a) Purposes.--The purposes of this section are--
(1) to ensure the adequate consultation of the United
States Trade Representative with Members of Congress;
(2) to provide Members of Congress with appropriate
opportunities--
(A) to advise the Trade Representative with respect to the
formulation of trade policy; and
(B) to propose specific negotiating objectives for trade
negotiations; and
(3) to provide Members of Congress with the information
necessary to assess compliance with and enforcement of
commitments made by countries that are parties to trade
agreements with the United States.
(b) Access to Certain Documents.--Notwithstanding section
2107 of the Bipartisan Trade Promotion Authority Act of 2002
(19 U.S.C. 3807) or any other provision of law, the United
States Trade Representative shall provide access to
documents, including classified materials, relating to
negotiations for a trade agreement to which the United States
may be a party and policies advanced by the Trade
Representative in such negotiations to--
(1) any Member of Congress that requests such documents;
and
(2) staff of such a Member with proper security clearances.
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SA 2185. 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:

Beginning on page 312, strike line 2 and all that follows
through page 342, line 10, and insert the following:

Subtitle A--Supplemental Nutrition Assistance Block Grant Program

SEC. 4001. SUPPLEMENTAL NUTRITION ASSISTANCE BLOCK GRANT
PROGRAM.

(a) In General.--The Secretary shall establish a
supplemental nutrition assistance block grant program under
which the Secretary shall make grants to each State that
submits to the Secretary a plan describing the manner in
which the State will carry out the supplemental nutrition
assistance program in the State, including eligibility and
fraud prevention requirements.
(b) Amount of Grant.--For each fiscal year, the Secretary
shall make a grant to each State that has submitted a plan
under subsection (a) in an amount equal to the product of--
(1) the amount made available under subsection (c) for the
applicable fiscal year; and
(2) the proportion that--
(A) the number of low-income individuals (as determined by
the Secretary) in the State; bears to
(B) the number of low-income individuals in all States that
have submitted a plan for the applicable fiscal year.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section an amount equal
to the amount made available to carry out the supplemental
nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as in effect
on the day before the date of enactment of this Act) for
fiscal year 2010.

SEC. 4002. REPEAL.

(a) In General.--The Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) is repealed.
(b) Relationship to Other Law.--Any reference in this Act,
an amendment made by this Act, or any other Act to the
supplemental nutrition assistance program shall be considered
to be a reference to the supplemental nutrition assistance
block grant program under this subtitle.
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SA 2186. Mr. COBURN (for himself and Mr. Durbin) submitted an
amendment intended to be proposed by him to the bill S. 3240, to
reauthorize agricultural programs through 2017, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. LIMITATION ON PREMIUM SUBSIDY BASED ON AVERAGE
ADJUSTED GROSS INCOME.

Section 508(e) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)) (as amended by section 11023(b)) is amended by
adding at the end the following:
``(9) Limitation on premium subsidy based on average
adjusted gross income.--
``(A) Definition of average adjusted gross income.--In this
paragraph, the term `average adjusted gross income' has the
meaning given the term in section 1001D(a) of the Food
Security Act of 1985 (7 U.S.C. 1308 3a(a)).
``(B) Limitation.--Notwithstanding any other provision of
this subtitle and beginning with the 2014 reinsurance year,
in the case of any producer that is a person or legal entity
that has an average adjusted gross income in excess of
$750,000 based on the most recent data available from the
Farm Service Agency as of the beginning of the reinsurance
year, the total amount of premium subsidy provided with
respect to additional coverage under subsection (c), section
508B, or section 508C issued on behalf of the producer for a
reinsurance year shall be 15 percentage points less than the
premium subsidy provided in accordance with this subsection
that would otherwise be available for the applicable policy,
plan of insurance, and coverage level selected by the
producer.''.
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SA 2187. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill S. 3240, to reauthorize agricultural programs through
2017, and for other purposes; which was ordered to lie on the table; as
follows:

On page 398, line 1, insert ``(including a commercial
fisherman)'' after ``farmer''.
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SA 2188. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill S. 3240, to reauthorize agricultural programs through
2017, and for other purposes; which was ordered to lie on the table; as
follows:

On page 1003, line 24, insert ``and commercially harvested
fish'' after ``ornamental fish''.
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SA 2189. Mr. JOHNSON of Wisconsin submitted an amendment intended to
be proposed by him to the bill S. 3240, to reauthorize agricultural
programs through 2017, and for other purposes; which was ordered to lie
on the table; as follows:

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

SEC. 4208. FRUIT AND VEGETABLE PROGRAM.

Section 19 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769a) is amended--
(1) in the section heading, by striking ``FRESH'';
(2) in subsection (a), by striking ``fresh''; and
(3) by striking subsection (b) and inserting the following:
``(b) Program.--A school participating in the program--
``(1) shall make free fruits and vegetables available to
students throughout the school day (or at such other times as
are considered appropriate by the Secretary) in 1 or more
areas designated by the school;
``(2) may make the free fruits and vegetables available in
any form (such as fresh, frozen, dried, or canned) that meets
any nutrition requirement prescribed by the Secretary and
consistent with the most recent Dietary Guidelines for
Americans published under section 301 of the National
Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341); and
``(3) shall purchase, to the maximum extent practicable,
domestic commodities or products in compliance with section
12(n) (including any implementing regulations).''.

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