S.Amdt. 3404Senate112th Congress (2011-2013)

S.Amdt. 3404

What it does: Inserts new text at the end of title I
Submitted December 19, 2012

What it changes

1 change to H.R. 1 · shown in the bill's text

Inserts text
  1. Inserts new text at the end of title I

    Inserts

    In H.R. 1 · Placed on Calendar Senate

    For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under section 10211, 10305, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $3,060,098,000.

    Inserted: GENERAL PROVISIONS--THIS CHAPTER

    Inserted: Sec. 101. (a) Section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) is amended--

    Inserted: (1) in subsection (c)(1), by striking "The Secretary shall use such sums as are necessary from the Trust Fund" and inserting "Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary for fiscal year 2012";

    Inserted: (2) in subsection (d)(2), by striking "The Secretary shall use such sums as are necessary from the Trust Fund" and inserting "Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary for fiscal year 2012";

    Inserted: (3) in subsection (e)(1)--

    Inserted: (A) by striking "The Secretary" and inserting "Of the funds of the Commodity Credit Corporation, the Secretary"; and

    Inserted: (B) by striking "per year from the Trust Fund" and inserting "for fiscal year 2012";

    Inserted: (4) in subsection (f)(2)(A), by striking "the Secretary shall use such sums as are necessary from the Trust Fund" and inserting "of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary for fiscal year 2012"; and

    Inserted: (5) in subsection (i), by striking "September 30, 2011" and inserting "September 30, 2012 (except in the case of subsection (b), which shall be September 30, 2011)".

    Inserted: (b) This section is designated by Congress as being for an emergency requirement pursuant to--

    Inserted: (1) section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and

    Inserted: (2) section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

    Show 55 more inserted paragraphs

    Inserted: Sec. 102. (a) Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended--

    Inserted: (1) in subsection (a)--

    Inserted: (A) by striking paragraph (1) and inserting the following:

    Inserted: "(1) In general.--

    Inserted: "(A) Coverages.--In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to--

    Inserted: "(i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)); or

    Inserted: "(ii) additional coverage available under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) that does not exceed 65 percent.

    Inserted: "(B) Administration.--The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the 'Agency')."; and

    Inserted: (B) in paragraph (2)--

    Inserted: (i) in subparagraph (A)--

    Inserted: (I) in clause (i), by striking "and" after the semicolon at the end;

    Inserted: (II) by redesignating clause (ii) as clause (iii); and

    Inserted: (III) by inserting after clause (i) the following:

    Inserted: "(ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not available; and"; and

    Inserted: (ii) in subparagraph (B)--

    Inserted: (I) by inserting "(except ferns)" after "floricultural";

    Inserted: (II) by inserting "(except ferns)" after "ornamental nursery"; and

    Inserted: (III) by striking "(including ornamental fish)" and inserting "(including ornamental fish, but excluding tropical fish)";

    Inserted: (2) in subsection (d), by striking "The Secretary" and inserting "Subject to subsection (l), the Secretary";

    Inserted: (3) in subsection (k)(1)--

    Inserted: (A) in subparagraph (A), by striking "$250" and inserting "$260"; and

    Inserted: (B) in subparagraph (B)--

    Inserted: (i) by striking "$750" and inserting "$780"; and

    Inserted: (ii) by striking "$1,875" and inserting "$1,950"; and

    Inserted: (4) by adding at the end the following:

    Inserted: "(l) Payment Equivalent to Additional Coverage.--

    Inserted: "(1) In general.--The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65 percent, computed by multiplying--

    Inserted: "(A) the quantity that is less than 50 to 65 percent of the established yield for the crop, as determined by the Secretary, specified in increments of 5 percent;

    Inserted: "(B) 100 percent of the average market price for the crop, as determined by the Secretary; and

    Inserted: "(C) a payment rate for the type of crop, as determined by the Secretary, that reflects--

    Inserted: "(i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable--

    Inserted: "(I) harvested;

    Inserted: "(II) planted but not harvested; or

    Inserted: "(III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; or

    Inserted: "(ii) in the case of a crop that is produced without a significant and variable harvesting expense, such rate as shall be determined by the Secretary.

    Inserted: "(2) Premium.--To be eligible to receive a payment under this subsection, a producer shall pay--

    Inserted: "(A) the service fee required by subsection (k); and

    Inserted: "(B) a premium for the applicable crop year that is equal to--

    Inserted: "(i) the product obtained by multiplying--

    Inserted: "(I) the number of acres devoted to the eligible crop;

    Inserted: "(II) the yield, as determined by the Secretary under subsection (e);

    Inserted: "(III) the coverage level elected by the producer;

    Inserted: "(IV) the average market price, as determined by the Secretary; and

    Inserted: "(ii) 5.25-percent premium fee.

    Inserted: "(3) Limited resource, beginning, and socially disadvantaged farmers.--The additional coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged producers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined for a producer under paragraph (2).

    Inserted: "(4) Additional availability.--

    Inserted: "(A) In general.--As soon as practicable, the Secretary shall make assistance available to producers of an otherwise eligible crop described in subsection (a)(2) that suffered losses--

    Inserted: "(i) to a 2012 annual fruit crop grown on a bush or tree; and

    Inserted: "(ii) in a county covered by a declaration by the Secretary of a natural disaster for production losses due to a freeze or frost.

    Inserted: "(B) Assistance.--The Secretary shall make assistance available under subparagraph (A) in an amount equivalent to assistance available under paragraph (1), less any fees not previously paid under paragraph (2).

    Inserted: (b)(1) Effective October 1, 2017, subsection (a) and the amendments made by subsection (a) (other than the amendments made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) are repealed.

    Inserted: (2) Effective October 1, 2017, section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) shall be applied and administered as if subsection (a) and the amendments made by subsection (a) (other than the amendments made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) had not been enacted.

    Inserted: (c) This section is designated by Congress as being for an emergency requirement pursuant to--

    Inserted: (1) section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and

    Inserted: (2) section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

    Original wording

    At the end of title I, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 3404. Mr. MERKLEY (for himself, Ms. Stabenow, Mrs. McCaskill, Mr. Baucus, Mr. Wyden, Mr. Franken, Mr. Johnson of South Dakota, and Mr. Udall of New Mexico) submitted an amendment intended to be proposed by him to the bill H.R. 1, making appropriations for the Department of Defense and the other departments and agencies of the Government for the fiscal year ending September 30, 2011, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title I, add the following:

GENERAL PROVISIONS--THIS CHAPTER

Sec. 101. (a) Section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) is amended--

(1) in subsection (c)(1), by striking “The Secretary shall use such sums as are necessary from the Trust Fund” and inserting “Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary for fiscal year 2012”;

(2) in subsection (d)(2), by striking “The Secretary shall use such sums as are necessary from the Trust Fund” and inserting “Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary for fiscal year 2012”;

(3) in subsection (e)(1)--

(A) by striking “The Secretary” and inserting “Of the funds of the Commodity Credit Corporation, the Secretary”; and

(B) by striking “per year from the Trust Fund” and inserting “for fiscal year 2012”;

(4) in subsection (f)(2)(A), by striking “the Secretary shall use such sums as are necessary from the Trust Fund” and inserting “of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary for fiscal year 2012”; and

(5) in subsection (i), by striking “September 30, 2011” and inserting “September 30, 2012 (except in the case of subsection (b), which shall be September 30, 2011)”.

(b) This section is designated by Congress as being for an emergency requirement pursuant to--

(1) section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and

(2) section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

Sec. 102. (a) Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended--

(1) in subsection (a)--

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

“(1) In general.--

“(A) Coverages.--In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to--

“(i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)); or

“(ii) additional coverage available under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) that does not exceed 65 percent.

“(B) Administration.--The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the ‘Agency').”; and

(B) in paragraph (2)--

(i) in subparagraph (A)--

(I) in clause (i), by striking “and” after the semicolon at the end;

(II) by redesignating clause (ii) as clause (iii); and

(III) by inserting after clause (i) the following:

“(ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not available; and”; and

(ii) in subparagraph (B)--

(I) by inserting “(except ferns)” after “floricultural”;

(II) by inserting “(except ferns)” after “ornamental nursery”; and

(III) by striking “(including ornamental fish)” and inserting “(including ornamental fish, but excluding tropical fish)”;

(2) in subsection (d), by striking “The Secretary” and inserting “Subject to subsection (l), the Secretary”;

(3) in subsection (k)(1)--

(A) in subparagraph (A), by striking “$250” and inserting “$260”; and

(B) in subparagraph (B)--

(i) by striking “$750” and inserting “$780”; and

(ii) by striking “$1,875” and inserting “$1,950”; and

(4) by adding at the end the following:

“(l) Payment Equivalent to Additional Coverage.--

“(1) In general.--The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65 percent, computed by multiplying--

“(A) the quantity that is less than 50 to 65 percent of the established yield for the crop, as determined by the Secretary, specified in increments of 5 percent;

“(B) 100 percent of the average market price for the crop, as determined by the Secretary; and

“(C) a payment rate for the type of crop, as determined by the Secretary, that reflects--

“(i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable--

“(I) harvested;

“(II) planted but not harvested; or

“(III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; or

“(ii) in the case of a crop that is produced without a significant and variable harvesting expense, such rate as shall be determined by the Secretary.

“(2) Premium.--To be eligible to receive a payment under this subsection, a producer shall pay--

“(A) the service fee required by subsection (k); and

“(B) a premium for the applicable crop year that is equal to--

“(i) the product obtained by multiplying--

“(I) the number of acres devoted to the eligible crop;

“(II) the yield, as determined by the Secretary under subsection (e);

“(III) the coverage level elected by the producer;

“(IV) the average market price, as determined by the Secretary; and

“(ii) 5.25-percent premium fee.

“(3) Limited resource, beginning, and socially disadvantaged farmers.--The additional coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged producers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined for a producer under paragraph (2).

“(4) Additional availability.--

“(A) In general.--As soon as practicable, the Secretary shall make assistance available to producers of an otherwise eligible crop described in subsection (a)(2) that suffered losses--

“(i) to a 2012 annual fruit crop grown on a bush or tree; and

“(ii) in a county covered by a declaration by the Secretary of a natural disaster for production losses due to a freeze or frost.

“(B) Assistance.--The Secretary shall make assistance available under subparagraph (A) in an amount equivalent to assistance available under paragraph (1), less any fees not previously paid under paragraph (2).

(b)(1) Effective October 1, 2017, subsection (a) and the amendments made by subsection (a) (other than the amendments made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) are repealed.

(2) Effective October 1, 2017, section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) shall be applied and administered as if subsection (a) and the amendments made by subsection (a) (other than the amendments made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) had not been enacted.

(c) This section is designated by Congress as being for an emergency requirement pursuant to--

(1) section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and

(2) section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

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Senate amendment submitted

December 19, 2012

Amendments

3 amendments

Offered to this amendment