Volume 159, No. 73 covering the 1st Session of the 113th Congress (2013 - 2014) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S3768-S3788 on May 22, 2013.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 1059. Mr. VITTER submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 380, between lines 19 and 20, insert the following:
SEC. 40__. BAN ON RECRUITMENT ACTIVITIES EFFORTS BASED ON
ADDING INDIVIDUALS TO THE SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM.
Section 18 of the Food and Nutrition Act of 2008 (7 U.S.C. 2027) is amended by adding at the end the following:
``(g) Ban on Recruitment Based on Adding Individuals to the Supplemental Nutrition Assistance Program.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall issue regulations that forbid entities
(including contractors of the entities) that receive funds under this Act to compensate any person for conducting outreach activities relating to participation in, or for recruiting individuals to apply to receive benefits under, the supplemental nutrition assistance program if the amount of the compensation would be based on the number of individuals who apply to receive the benefits.
``(h) Repayment of Benefits Given to Ineligible Individuals.--
``(1) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall issue regulations that require, except as provided in paragraph
(2), that any entity receiving funds under this Act that has been determined in accordance with criteria established by the regulations to have purposefully recruited individuals ineligible for benefits under the supplemental nutrition assistance program or to have failed to verify the eligibility of individuals recruited to apply to receive benefits under the supplemental nutrition assistance program, to deposit in the general fund of the Treasury an amount equal to 200 percent of the amount of benefits provided by the State agency or benefit issuer to the individual later found to be ineligible to receive benefits under the program.
``(2) Exception for fraud.--The amount of benefits provided to ineligible individuals described in paragraph (1) shall not include any benefits received as a result of fraud by the individual.''.
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SA 1060. Mr. BARRASSO (for himself and Mr. Toomey) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1150, after line 15, add the following:
SEC. 12___. REPEAL OF RENEWABLE FUEL STANDARD.
(a) In General.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by striking subsection (o).
(b) Additional Repeal.--Section 204 of the Energy Independence and Security Act of 2007 (42 U.S.C. 7545 note; Public Law 110-140) is repealed.
(c) Regulations.--Beginning on the date of enactment of this Act, the regulations under subparts K and M of part 80 of title 40, Code of Federal Regulations (as in effect on that date of enactment), shall have no force or effect.
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SA 1061. Mr. COBURN (for himself, Mr. Durbin, and Mr. McCain) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1101, between lines 5 and 6, insert the following:
SEC. 11___. LIMITATION ON PREMIUM SUBSIDY BASED ON AVERAGE
ADJUSTED GROSS INCOME.
Section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)) (as amended by section 11030(b)) is amended by adding at the end the following:
``(9) Limitation on premium subsidy based on average adjusted gross income.--
``(A) Definition of average adjusted gross income.--In this paragraph, the term `average adjusted gross income' has the meaning given the term in section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(a)).
``(B) Limitation.--Notwithstanding any other provision of this subtitle and beginning with the 2014 reinsurance year, in the case of any producer that is a person or legal entity that has an average adjusted gross income in excess of
$750,000 based on the most recent data available from the Farm Service Agency as of the beginning of the reinsurance year, the total amount of premium subsidy provided with respect to additional coverage under subsection (c), section 508B, or section 508C issued on behalf of the producer for a reinsurance year shall be 15 percentage points less than the premium subsidy provided in accordance with this subsection that would otherwise be available for the applicable policy, plan of insurance, and coverage level selected by the producer.''.
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SA 1062. Mr. MERKLEY (for himself and Mr. Wyden) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1150, after line 15, add the following:
SEC. 122__. AMOUNTS OWED TO ELIGIBLE COUNTIES.
Not later than 7 days after the date of enactment of this Act, the Secretary of the Treasury shall pay to each eligible county (as defined in section 3 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7102)) an amount equal to the amount elected by the eligible county under section 102(b) of that Act (16 U.S.C. 7112(b)) for fiscal year 2013.
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SA 1063. Mrs. MURRAY submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 380, between lines 15 and 16, insert the following:
SEC. 40__. PILOT PROGRAM TO TEST INNOVATIVE APPROACHES TO
SUPPORTING WORK AND ENHANCING SKILLS.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) (as amended by section 4001(b)) is amended by adding at the end the following:
``(m) Pilot Program to Test Innovative Approaches to Supporting Work and Enhancing Skills.--
``(1) In general.--The Secretary, in consultation with the Secretary of Labor, shall carry out, under such terms and conditions as the Secretary considers to be appropriate, pilot projects to identify best practices for employment and training programs under this Act to increase the number of work registrants who--
``(A) obtain unsubsidized employment;
``(B) increase earned income;
``(C) obtain or make progress toward a credential, certificate, or degree; and
``(D) reduce reliance on public assistance, including the supplemental nutrition assistance program.
``(2) Selection criteria.--The Secretary shall select a pilot project to carry out under this subsection based on such criteria as the Secretary may establish, including--
``(A) enhancing existing employment and training programs in a State;
``(B) agreeing to participate in the evaluation described in paragraph (3), including making available data on participant employment activities and postparticipation employment, earnings, and receipt of public benefits;
``(C) collaborating with State and local workforce boards and other job training programs in a State or local area;
``(D) the extent to which the components of the project can be easily replicated by other States or political subdivisions; and
``(E) such additional criteria as are necessary to ensure that all selected pilot projects--
``(i) target a variety of populations of work registrants, including childless adults, parents, and individuals with low skills or limited work experience;
``(ii) are selected from a range of existing employment and training programs, including programs that provide--
``(I) skills development and support services for work registrants with limited employment history;
``(II) postemployment support services necessary for maintaining employment; and
``(III) education leading to a recognized postsecondary credential, registered apprenticeship, or secondary school diploma or equivalent that has value in the labor market of the region;
``(iii) are located in a range of geographical areas, including rural and urban areas and Indian reservations; and
``(iv) have a plan for sustaining the program after the pilot phase has concluded.
``(3) Evaluation.--The Secretary shall provide for an independent evaluation of pilot projects selected under this subsection to measure the impact of the projects on the ability of each pilot project target population to find and retain employment that leads to increased household income, compared to what would have occurred in the absence of the pilot project.
``(4) Report to congress.--Not later than September 30, 2017, the Secretary shall submit to the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate a report that includes a description of--
``(A) the results of each pilot project carried out under this subsection, including an evaluation of the impact of the project on the employment, income, and public benefit receipt of the targeted population of work registrants;
``(B) the Federal, State, and other costs of each pilot project;
``(C) the planned dissemination among State agencies of the findings of the report; and
``(D) the measures and funding necessary to incorporate components of pilot projects that demonstrate increased employment and earnings into State employment and training programs.
``(5) Funding.--Of the amounts made available under section 18(a)(1), the Secretary shall use to carry out this subsection $16,000,000 for each of fiscal years 2014 through 2016, to remain available until expended.
``(6) Use of funds.--
``(A) In general.--Funds made available under this subsection shall be used only for--
``(i) pilot projects that comply with the requirements of this Act;
``(ii) the cost and administration of the pilot projects;
``(iii) the costs incurred in providing information for the evaluation under paragraph (3); and
``(iv) the costs of the evaluation under paragraph (3).
``(B) Limitation.--Funds made available under this subsection may not be used to supplant non-Federal funds used for existing employment and training activities.''.
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SA 1064. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. REPEAL OF ESTATE AND GIFT TAXES.
(a) In General.--Subtitle B of the Internal Revenue Code of 1986 is hereby repealed.
(b) Effective Date.--The repeal made by paragraph (1) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after December 31, 2013.
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SA 1065. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
Subtitle D--Defense of Environment and Property
SEC. 12301. NAVIGABLE WATERS.
(a) 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 (including by regulation)--
``(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) Judicial review.--If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review.
``(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.''.
(b) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under--
(1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or
(2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)).
SEC. 12302. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE.
(a) In General.--The following regulations and guidance shall have no force or effect:
(1) 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)).
(2) 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)).
(3) 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.)).
(4) Any subsequent regulation of or guidance issued by any Federal agency that defines or interprets the term
``navigable waters''.
(b) 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.
SEC. 12303. STATE REGULATION OF WATER.
Nothing in this subtitle 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.
SEC. 12304. 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.''.
SEC. 12305. COMPENSATION FOR REGULATORY TAKING.
(a) 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.
(b) Administration.--Any payment provided under subsection
(a) shall be made from the amounts made available to the relevant agency head for general operations of the agency.
(c) Applicability.--A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section.
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SA 1066. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
Strike section 1602 and insert the following:
SEC. 1602. PERMANENT SUSPENSION OF PRICE SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--The following provisions of the Agricultural Adjustment Act of 1938 shall not be applicable to covered commodities (as defined in section 1001 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702)), peanuts, and sugar and shall not be applicable to milk:
(1) Parts II through V of subtitle B of title III (7 U.S.C. 1326 et seq.).
(2) In the case of upland cotton, section 377 (7 U.S.C. 1377).
(3) Subtitle D of title III (7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C. 1401 et seq.).
(b) Agricultural Act of 1949.--The following provisions of the Agricultural Act of 1949 shall not be applicable to covered commodities (as defined in section 1001 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702)), peanuts, and sugar and shall not be applicable to milk:
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447 et seq.).
(10) Title IV (7 U.S.C. 1421 et seq.), other than sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(11) Title V (7 U.S.C. 1461 et seq.).
(12) Title VI (7 U.S.C. 1471 et seq.).
(c) Suspension of Certain Quota Provisions.--The joint resolution entitled ``A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended'', approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable to crops of wheat.
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SA 1067. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1150, after line 15, add the following:
SEC. 12213. PROTECTION OF PRODUCER INFORMATION.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the Department of Agriculture.
(2) Producer.--The term ``producer'' means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced.
(b) Prohibition of Public Disclosure of Protected Information.--Except as provided in subsection (c), no officer or employee of the Department of Agriculture, contractor or cooperator of the Department, or officer or employee of another Federal agency shall disclose--
(1) to the Federal Government any information submitted by a producer or owner of agricultural land under this Act; or
(2) any other information provided by a producer or owner of agricultural land concerning the agricultural operation, farming or conservation practices, or the land to participate in any program administered by the Department or any other Federal agency.
(c) Exceptions.--The information described in subsection
(a) may be disclosed if--
(1) the information is required to be made publicly available under any other provision of Federal law;
(2) the producer or owner of agricultural land who provided the information has lawfully publicly disclosed the information;
(3) the producer or owner of agricultural land who provided the information consents to the disclosure; or
(4)(A) the information is disclosed to the Attorney General; and
(B) the disclosure is necessary to ensure compliance with and enforcement of Federal law.
(d) Notice of Disclosure.--Not later than 24 hours after information is disclosed pursuant to an exception provided in subsection (b), the officer or employee of the Department of Agriculture, contractor or cooperator of the Department, or officer or employee of another Federal agency shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee of Agriculture in the House of Representatives a report on the disclosed information.
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SA 1068. Mr. JOHANNS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1111, after line 20, add the following:
SEC. __. REPORT ON FARM RISK MANAGEMENT PROGRAMS.
(a) In General.--Not later than December 1, 2014, and each December 1 thereafter until December 1, 2017, the Secretary, acting through the Chief Economist, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that analyzes--
(1) the impact of the agriculture risk coverage program under section 1108;
(2) the interaction of that program with--
(A) the adverse market payment program under section 1107;
(B) the marketing loan program under subtitle B of title I;
(C) the supplemental coverage option under section 508(c)(3)(B) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)(3)(B)) (as added by section 11001); and
(D) other Federal crop insurance programs;
(3) any distortion caused by the programs described in paragraphs (1) and (2), and any other farm programs as determined by the Chief Economist, on planting and production decisions; and
(4) any overlap or substitution caused by the programs described in paragraphs (1) and (2)(A) with Federal crop insurance.
(b) Summary.--Not later than June 1, 2018, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a summary report that analyzes the issues described in subsection (a) over the period of crop years 2014 through 2017.
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SA 1069. Mr. JOHANNS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 174, between lines 6 and 7, insert the following:
SEC. 1615. PROHIBITION ON USE OF FUNDS TO DELAY COMPLIANCE
WITH WTO DECISIONS.
The Secretary shall not use any funds (including funds of the Commodity Credit Corporation) to make payments or influence a foreign government or organization (including the Brazilian Cotton Institute) for the purpose of delaying compliance with a decision of the World Trade Organization.
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SA 1070. Mr. JOHANNS (for himself, Mr. Thune, and Mr. Roberts) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 355, between lines 7 and 8, insert the following:
SEC. 40__. CATEGORICAL ELIGIBILITY LIMITATIONS.
Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended--
(1) by striking the section designation and heading and all that follows through ``(a) Participation.--'' and inserting the following:
``SEC. 5. ELIGIBLE HOUSEHOLDS.
``(a) Requirements.--
``(1) In general.--Participation'';
(2) in subsection (a)--
(A) by striking the second sentence and inserting the following:
``(2) Recipients of other federal benefits.--Except as provided in section 3(n)(4) and subsections (b), (d)(2), (g), and (r) of section 6, a household shall be eligible to participate in the supplemental nutrition assistance program if each member of the household receives--
``(A) cash assistance in the form of ongoing basic needs benefit payments for financially needy families under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
``(B) cash assistance under the supplemental security income program established under title XVI of that Act (42 U.S.C. 1381 et seq.); or
``(C) aid to the aged, blind, or disabled under title I, X, XIV, or XVI of that Act (42 U.S.C. 301 et seq.).'';
(B) in the third sentence, by striking ``Except for sections 6, 16(e)(1), and section 3(n)(4), households'' and inserting the following:
``(3) General assistance.--Except as provided in sections 3(n)(4), 6, and 16(d), a household''; and
(C) in the fourth sentence, by striking ``Assistance'' and inserting the following:
``(4) Applications.--Assistance''; and
(3) in subsection (j)--
(A) by inserting ``cash assistance in the form of'' before
``supplemental security income benefits''; and
(B) by striking ``or who receives benefits'' and inserting
``or who receives cash assistance''.
On page 358, line 11, strike ``(a) In General.--''.
On page 359, strike lines 11 through 15.
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SA 1071. Mr. FLAKE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
Beginning on page 1051, strike line 5 and all that follows through page 1055, line 13.
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SA 1072. Mr. FLAKE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 174, between lines 6 and 7, insert the following:
SEC. 16__. STUDY ON OFFSETS FOR PAYMENTS TO BRAZILIAN COTTON
INSTITUTE.
Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that identifies and recommends $147,300,000 in annual savings for each of 2013 through 2018 from payments, loans, assistance, and plans provided to producers of upland cotton and extra long staple cotton under this title and section 508B of the Federal Crop Insurance Act to offset annual payments of
$147,300,000 for each of 2013 through 2018 to be made to the Brazilian Cotton Institute.
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SA 1073. Mr. FLAKE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
Beginning on page 1066, strike line 23 and all that follows through page 1071, line 16.
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SA 1074. Mr. VITTER (for himself, Mr. Inhofe, and Mr. Wicker) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1150, after line 15, add the following:
SECTION 122__. PROHIBITION OF GASOLINE BLENDS WITH GREATER
THAN 10-VOLUME-PERCENT ETHANOL.
(a) In General.--Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not, including by granting a waiver under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)), authorize or otherwise allow the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol.
(b) Prohibition of Waivers.--
(1) In general.--Any waiver granted under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of this Act that allows the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol for use in motor vehicles shall have no force or effect.
(2) Certain waivers.--The waivers described in subsection
(a) include the following:
(A) The waiver entitled, ``Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'', 75 Fed. Reg. 68094 (November 4, 2010).
(B) The waiver entitled, ``Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'', 76 Fed. Reg. 4662 (January 26, 2011).
(c) Misfueling Rule.--The portions of the rule entitled,
``Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs'', 76 Fed. Reg. 44406 (July 25, 2011) (including amendments to those portions of the rule) to mitigate misfueling shall have no force and effect 60 days after the date of enactment of this Act.
(d) Conforming Volumetric Requirements.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended--
(1) in paragraph (3)(C)--
(A) in clause (i), by striking ``and'';
(B) in clause (ii), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(iii) to limit the applicable percentage of renewable fuel required under this subsection to an amount that would ensure that no refiner, blender, or importer be required directly or indirectly to produce, blend, import, or otherwise enter into commerce any gasoline that contains, on an average annual basis, greater than 10-volume percent ethanol.''; and
(2) by adding at the end the following:
``(13) Limitations.--No entity required to comply with a provision of this section shall be required either by the applicable volumes under paragraph (2)(B) or by the operation of any other authority in this section (including regulations promulgated under this section) to introduce into commerce gasoline that contains, on an average annual basis, greater than 10 volume percent ethanol.''.
(e) Certification Fuels.--Section 211 of the Clean Air Act
(42 U.S.C. 7545) is amended by adding at the end the following:
``(w) Certification Fuels.--The Administrator shall ensure that the fuel used for certification of vehicles and engines for compliance with emissions standards promulgated under this title corresponds in all respects to the fuel used by 75 percent or more of the vehicles and engines in use at the time the specifications for the certification fuel are promulgated for vehicles and engines that use the certification fuel.''.
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SA 1075. Mr. JOHNSON of Wisconsin submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 421, between lines 3 and 4, insert the following:
SEC. 42__. 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'';
(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).''; and
(4) in subsection (e), by striking ``fresh''.
______
SA 1076. Mrs. McCASKILL (for herself, Mr. Coburn, and Mr. Johnson of Wisconsin) submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 12213. PROHIBITION ON PERFORMANCE AWARDS IN THE SENIOR
EXECUTIVE SERVICE.
(a) Definitions.--In this section--
(1) the terms ``agency'' and ``career appointee'' have the meanings given such terms in section 5381 of title 5, United States Code; and
(2) the term ``sequestration period'' means a period--
(A) beginning on the later of--
(i) the date on which a sequestration order is issued under section 251 or 251A of the Balanced Budget and Emergency Deficit Control Act (2 U.S.C. 901 and 901a); and
(ii) the first day of the fiscal year to which the sequestration order applies; and
(B) ending on the last day of the fiscal year to which the sequestration order applies.
(b) Prohibition.--Notwithstanding any other provision of law, an agency may not pay a performance award under section 5384 of title 5, United States Code, to a career appointee--
(1) during a sequestration period; or
(2) that relates to any period of service performed during a fiscal year during which a sequestration order under section 251 or 251A of the Balanced Budget and Emergency Deficit Control Act (2 U.S.C. 901 and 901a) is in effect.
______
SA 1077. Mr. HEINRICH (for himself, Mr. Heller, Mr. Bennet, Mr. Udall of New Mexico, and Mr. Udall of Colorado) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1150, after line 15, add the following:
SEC. 12____. FEDERAL LAND TRANSACTION FACILITATION ACT.
The Federal Land Transaction Facilitation Act is amended--
(1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on the date of enactment of this Act was'' and inserting ``is'';
(2) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``(as in effect on the date of enactment of this Act)''; and
(B) by striking subsection (d);
(3) in section 206 (43 U.S.C. 2305), by striking subsection
(f); and
(4) in section 207(b) (43 U.S.C. 2306(b))--
(A) in paragraph (1)--
(i) by striking ``96-568'' and inserting ``96-586''; and
(ii) by striking ``; or'' and inserting a semicolon;
(B) in paragraph (2)--
(i) by inserting ``Public Law 105-263;'' before ``112 Stat.''; and
(ii) by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
``(4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
``(5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-11);
``(6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111-11);
``(7) section 2601 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
``(8) section 2606 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
______
SA 1078. Mr. UDALL of Colorado (for himself and Mr. Bennet) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. ___. WILDFIRE MITIGATION ASSISTANCE.
(a) In General.--Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Post Disaster Mitigation Assistance.--The President may provide hazard mitigation assistance in accordance with section 404 in any area in which assistance was provided under this section, whether or not a major disaster had been declared.''.
(b) Conforming Amendments.--The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
(1) in section 404(a) (42 U.S.C. 5170c(a))--
(A) by inserting before the first period ``, or any area in which assistance was provided under section 420''; and
(B) in the third sentence, by inserting ``or event under section 420'' after ``major disaster'' each place that term appears; and
(2) in section 322 (e)(1) (42 U.S.C. 5165(e)(1)), by inserting ``or event under section 420'' after ``major disaster'' each place that term appears.
______
SA 1079. Mr. COONS (for himself and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 339, line 13, strike ``$40,000,000'' and insert
``$60,000,000''.
______
SA 1080. Mr. TESTER submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 902, strike lines 12 and 13 and insert the following:
(5) by redesignating subsections (h) and (j) as subsections
(k) and (l), respectively;
On page 918, strike lines 7 through 11 and insert the following:2014 through 2018.
``(j) Conventional Breeding Initiative.--
``(1) Definitions.--
``(A) Conventional breeding.--The term `conventional breeding' means the development of new varieties of an organism through controlled mating and selection without the use of transgenic methods.
``(B) Public breed.--The term `public breed' means a breed that is the commercially available uniform end product of a publicly funded breeding program that--
``(i) has been sufficiently tested to demonstrate improved characteristics and stabile performance; and
``(ii) remains in the public domain for research purposes.
``(C) Public cultivar.--The term `public cultivar' means a cultivar that is the commercially available uniform end product of a publicly funded breeding program that--
``(i) has been sufficiently tested to demonstrate improved characteristics and stabile performance; and
``(ii) remains in the public domain for research purposes.
``(2) Establishment.--Beginning on the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, the Secretary shall carry out an initiative to address research needs in conventional breeding for public cultivar and public breed development, as described in paragraph (3).
``(3) Purposes.--The purposes of the initiative established by paragraph (2) are--
``(A) to fund public cultivar and public breed development through conventional breeding, with no requirement or preference for the use of marker-assisted or genomic selection methods; and
``(B) to conduct research on--
``(i) selection theory;
``(ii) applied quantitative genetics;
``(iii) conventional breeding for improved food quality;
``(iv) conventional breeding for improved local adaptation to biotic stress and abiotic stress; and
``(v) participatory conventional breeding.
``(4) Eligible entities.--The Secretary may carry out the initiative established by paragraph (2) through grants to--
``(A) institutions of higher education;
``(B) research institutions or organizations;
``(C) private organizations or corporations;
``(D) State agricultural experiment stations;
``(E) individuals; or
``(F) groups consisting of 2 or more entities or individuals described in subparagraphs (A) through (E).
``(5) Research project grants.--In carrying out this subsection, the Secretary shall--
``(A) seek and accept proposals for grants;
``(B) award grants on a competitive basis;
``(C) determine the relevance and merit of proposals through a system of peer review, in consultation with experts in conventional breeding;
``(D) award grants on the basis of merit, quality, and relevance; and
``(E) award grants for a term that is practicable for conventional cultivar development.
``(6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2014 through 2018.'';
(7) in subsection (k) (as redesignated by paragraph (5)), by striking ``2012'' each place it appears and inserting
``2018''; and
(8) in subsection (l) (as redesignated by para-
______
SA 1081. Mr. VITTER submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 998, strike lines 11 through 20 and insert the following:
(A) in subsection (b)--
(i) in paragraph (2)--
(I) in subparagraph (C), by striking ``and'' at the end;
(II) by redesignating subparagraph (D) as subparagraph (E); and
(III) by inserting after subparagraph (C) the following:
``(D) a council (as defined in section 1528 of the Agriculture and Food Act of 1981 (16 U.S.C. 3451)); and''; and
(ii) by striking paragraph (4) and inserting the following:
``(4) Use of grant funds.--
``(A) In general.--A recipient of a grant under paragraph
(1) shall use the grant funds to assist agricultural producers and rural small businesses by--
``(i) conducting and promoting energy audits; and
``(ii) providing recommendations and information on how--
``(I) to improve the energy efficiency of the operations of the agricultural producers and rural small businesses; and
``(II) to use renewable energy technologies and resources in the operations.
``(B) Certification.--Before a recipient of a grant under paragraph (1) uses the grant funds to build a wind turbine, the Secretary shall certify that the wind turbine will not injure--
``(i) any species listed as an endangered species or threatened species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(ii) any migratory bird covered by the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); or
``(iii) any bald or golden eagle covered by the Act entitled `An Act for the protection of the bald eagle', approved June 8, 1940 (16 U.S.C. 668 et seq.).''; and
______
SA 1082. Mr. FLAKE (for himself, Mr. McCain, Mr. Udall of Colorado, Mr. Crapo, Mr. Risch, and Mr. Baucus) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 975, between lines 12 and 13, insert the following:
``(7) Fire liability provisions.--Not later than 90 days after the date of enactment of this section, the Chief and the Director shall issue for use in all contracts and agreements under subsection (b) fire liability provisions that are in substantially the same form as the fire liability provisions contained in--
``(A) integrated resource timber contracts, as described in the Forest Service contract numbered 2400-13, part H, section H.4; and
``(B) timber sale contracts conducted pursuant to section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a).
______
SA 1083. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. PROHIBITION ON MANDATORY OR COMPULSORY CHECK OFF
PROGRAMS.
Notwithstanding any other provision of law, no program to promote and provide research and information for a particular agricultural commodity without reference to 1 or more specific producers or brands (commonly known as a ``check-off program'') shall be mandatory or compulsory.
______
SA 1084. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. 12___. REPEAL OF RENEWABLE FUEL STANDARD.
(a) In General.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by striking subsection (o).
(b) Additional Repeal.--Section 204 of the Energy Independence and Security Act of 2007 (42 U.S.C. 7545 note; Public Law 110-140) is repealed.
(c) Regulations.--Beginning on the date of enactment of this Act, the regulations under subparts K and M of part 80 of title 40, Code of Federal Regulations (as in effect on that date of enactment), shall have no force or effect.
______
SA 1085. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. 12___. ADMINISTRATION.
Notwithstanding any other provision of law, the carrying out of this Act and the amendments made by this Act shall not be done in a manner that targets any individuals or groups on the basis of ideology or political affiliation.
______
SA 1086. Mr. SANDERS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 378, between lines 15 and 16, insert the following:
SEC. 4___. INTERVIEW AUTHORITY.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the end the following:
``(v) Interview Authority.--
``(1) In general.--The Secretary shall give each participating State the option to carry out the supplemental nutrition assistance program by allowing nonprofit organizations and area agencies on aging to conduct the eligibility interview for applicant households, in accordance with the interview process of the State.
``(2) Criteria.--Any nonprofit organization or area agency on aging allowed to conduct an interview under paragraph (1) shall be selected at the discretion of the head of the State agency responsible for administering the supplemental nutrition assistance program in the State.''.
______
SA 1087. Mr. BROWN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 846, line 22, insert ``unless the Secretary determines at least 25 percent of the households in a proposed service area that is capable of receiving broadband service are not purchasing the minimum acceptable level of broadband service'' after ``under subsection (e)''.
______
SA 1088. Mr. BROWN (for himself, Mr. Tester, Mr. Schatz, Mr. Reed, Mr. Wyden, Mr. Heinrich, Mrs. Gillibrand, and Mr. Cowan) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
Beginning on page 380, strike line 24 and all that follows through page 381, line 13, and insert the following:
(A) in paragraph (1)(B)--
(i) in clause (i)--
(I) by striking subclause (I) and inserting the following:
``(I) to create or implement a coordinated community plan to meet the food security needs of low-income individuals;'';
(II) in subclause (II), by inserting ``and effectiveness'' after ``self-reliance'';
(III) in subclause (III), by inserting ``food access,'' after ``food,''; and
(ii) in clause (ii), by striking subclause (I) and inserting the following:
``(I) infrastructure improvement and development;''; and
On page 381, between lines 20 and 21, insert the following:
(2) in subsection (b)(2)(B), by striking ``$5,000,000'' and inserting ``$10,000,000'';
On page 381, line 21, strike ``(2)'' and insert ``(3)''.
On page 381, strike lines 22 through 24 and insert the following:
(A) in the matter preceding paragraph (1), by inserting
``or a nonprofit entity working in partnership with a State, local, or tribal government agency or community health organization'' after ``nonprofit entity'';
On page 382, strike lines 7 through 10 and insert the following:
``(C) efforts to reduce food insecurity in the community, including increasing access to food services or improving coordination of services and programs;'';
Beginning on page 382, strike line 19 and all that follows through page 383, line 12, and insert the following:
(4) in subsection (d), by striking paragraphs (3) and (4) and inserting the following:
``(3) develop innovative linkages between the for-profit, nonprofit, and public sectors;
``(4) encourage long-term planning activities and multisystem interagency approaches with multistakeholder collaborations (such as food policy councils, food planning associations, and hunger-free community coalitions) that build the long-term capacity of communities to address the food, food security, and agricultural problems of the communities;
``(5) develop new resources and strategies to help reduce food insecurity in the community and prevent food insecurity in the future; or
``(6) achieve goal 2 or 3 of the hunger-free communities goals.'';
On page 383, strike lines 13 through 16 and insert the following:
(5) in subsection (f)(2), by striking ``3 years'' and inserting ``5 years'';
(6) by striking subsection (h) and inserting the following:
On page 384, line 2, strike the period at the end and insert ``; and''.
On page 384, between lines 2 and 3, insert the following:
(7) in subsection (i)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``and recommend to the targeted entities'' and inserting
``create a nationally accessible web-based clearinghouse of regulations, zoning provisions, and best practices by government and the private and nonprofit sectors that have been shown to improve community food security, and provide to targeted entities training, technical assistance, and''; and
(ii) by striking subparagraphs (C) and (D) and inserting the following:
``(C) health disparities;
``(D) food insecurity;''; and
(B) in paragraph (4), by striking ``$200,000'' and inserting ``$500,000''.
On page 396, strike lines 8 through 12 and insert the following:
SEC. 4202. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
Section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) is amended by striking subsection (a) and inserting the following:
``(a) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use to carry out and expand the seniors farmers' market nutrition program--
``(1) $2,500,000 for fiscal year 2014; and
``(2) $5,000,000 for each of fiscal years 2015 through 2018.''.
On page 420, strike lines 13 through 16 and insert the following:
``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section--
``(A) $1,000,000 for fiscal year 2014;
``(B) $2,000,000 for fiscal year 2015;
``(C) $3,000,000 for fiscal year 2016;
``(D) $4,000,000 for fiscal year 2017; and
``(E) $5,000,000 for fiscal year 2018.
Beginning on page 636, strike line 21 and all that follows through page 639, line 2, and insert the following:
``(A) Family farm.--The term `family' farm has the meaning given the term in section 761.2 of title 7, Code of Federal Regulations (as in effect on December 30, 2007).
``(B) Mid-tier value chain.--The term `mid-tier value chain' means a local and regional supply network (including a network that operates through food distribution centers that coordinate agricultural production and the aggregation, storage, processing, distribution, and marketing of locally or regionally produced agricultural products) that links independent producers with businesses and cooperatives that market value-added agricultural products in a manner that--
``(i) targets and strengthens the profitability and competitiveness of small- and medium-sized farms that are structured as family farms; and
``(ii) obtains agreement from an eligible agricultural producer group, farmer cooperative, or majority-controlled producer-based business venture that is engaged in the value chain on a marketing strategy.
``(C) Value-added agricultural product.--The term `value-added agricultural product' means any agricultural commodity or product--
``(i) that--
``(I) has undergone a change in physical state;
``(II) was produced in a manner that enhances the value of the agricultural commodity or product, as demonstrated through a business plan that shows the enhanced value, as determined by the Secretary;
``(III) is physically segregated in a manner that results in the enhancement of the value of the agricultural commodity or product;
``(IV) is a source of farm-based renewable energy, including E-85 fuel; or
``(V) is aggregated and marketed as a locally produced agricultural food product or as part of a mid-tier value chain; and
``(ii) for which, as a result of the change in physical state or the manner in which the agricultural commodity or product was produced, marketed, or segregated--
``(I) the customer base for the agricultural commodity or product is expanded; and
``(II) a greater portion of the revenue derived from the marketing, processing, or physical segregation of the agricultural commodity or product is available to the producer of the commodity or product.
On page 639, line 5, insert ``on a competitive basis'' after grants.
On page 640, strike lines 12 through 21 and insert the following:
``(i) Priority.--In awarding grants under this subsection, the Secretary shall--
``(I) in the case of a grant under subparagraph (A)(i), give priority to--
``(aa) operators of small- and medium-sized farms and ranches that are structured as family farms; or
``(bb) beginning farmers and ranchers or socially disadvantaged farmers or ranchers; and
``(II) in the case of a grant under subparagraph (A)(ii), give priority to projects (including farmer cooperative projects) that best contribute to--
``(aa) increasing opportunities for operators of small- and medium-sized farms and ranches that are structured as family farms; or
``(bb) creating opportunities for beginning farmers and ranchers or socially disadvantaged farmers and ranchers.
On page 642, line 21, strike ``June 30 of'' and insert
``the date on which the Secretary completes the review process for applications submitted under this section for''.
On page 643, line 4, strike ``$12,500,000'' and insert
``$20,000,000''.
On page 663, strike lines 8 through 23 and insert the following:
``(ii) Priority.--In making or guaranteeing a loan under this paragraph, the Secretary shall give priority to projects that would--
``(I) result in increased access to locally or regionally grown food in underserved communities;
``(II) create new market opportunities for agricultural producers; or
``(III) support strategic economic and community development regional economic development plans on a multijurisdictional basis.
``(iii) Guarantee loan fee and percentage.--In making or guaranteeing a loan under clause (i) the Secretary may waive, incorporate into the loan, or reduce the guarantee loan fee that would otherwise be imposed under this paragraph.
On page 1025, line 8, strike ``$20,000,000'' and insert
``$30,000,000''.
______
SA 1089. Mr. BROWN (for himself and Mr. Cowan) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 167, line 18, strike ``$750,000'' and insert
``$500,000''.
On page 384, line 22, strike ``$22,000,000'' and insert
``$28,000,000''.
On page 384, line 24, strike ``$18,000,000'' and insert
``$44,000,000''.
On page 385, line 2, strike ``$10,000,000; and'' and insert
``$24,000,000;''.
On page 385, line 4, strike ``$4,000,00.''; and'' and insert ``$18,000,000; and''.
On page 385, between lines 4 and 5, insert the following:
``(v) for fiscal year 2018 and each fiscal year thereafter,
$10,000,000.''; and
______
SA 1090. Mr. BROWN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 921, line 3, strike ``shall'' and insert ``may''.
On page 921, line 24, strike ``$10,000,000'' and insert
``$20,000,000''.
______
SA 1091. Mr. McCAIN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
Strike section 1602 and insert the following:
SEC. 1602. REPEAL OF PERMANENT PRICE SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--The following provisions of the Agricultural Adjustment Act of 1938 are repealed:
(1) Parts II through V of subtitle B of title III (7 U.S.C. 1326 et seq.).
(2) Section 377 (7 U.S.C. 1377).
(3) Subtitle D of title III (7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C. 1401 et seq.).
(b) Agricultural Act of 1949.--The following provisions of the Agricultural Act of 1949 are repealed:
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447 et seq.).
(10) Title IV (7 U.S.C. 1421 et seq.), other than sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(11) Title V (7 U.S.C. 1461 et seq.).
(12) Title VI (7 U.S.C. 1471 et seq.).
(c) Certain Quota Provisions.--The joint resolution entitled ``A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended'', approved May 26, 1941 (7 U.S.C. 1330 and 1340), is repealed.
(d) Prohibition.--Notwithstanding any other provision of law, including the Commodity Credit Corporation Charter Act
(15 U.S.C. 714 et seq.), beginning on October 1, 2018, the Secretary shall have no authority to support the price of commodities through payments or purchases.
(e) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act.
______
SA 1092. Mr. THUNE (for himself, Mr. Roberts, and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
Strike sections 1104 through 1110 and insert the following:
SEC. 1104. DEFINITIONS.
In this subtitle, subtitle B, and subtitle F:
(1) Actual crop revenue.--The term ``actual crop revenue'', with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 1105(c)(3).
(2) Agriculture risk coverage guarantee.--The term
``agriculture risk coverage guarantee'', with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 1105(c)(4).
(3) Agriculture risk coverage payment.--The term
``agriculture risk coverage payment'' means a payment under section 1105(c).
(4) Average individual yield.--The term ``average individual yield'' means the yield reported by a producer for purposes of subtitle A of the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), to the maximum extent practicable.
(5) County coverage.--For the purposes of agriculture risk coverage under section 1105, the term ``county coverage'' means coverage determined using the total quantity of all acreage in a county of the covered commodity that is planted or prevented from being planted for harvest by a producer with the yield determined by the average county yield described in subsection (c) of that section.
(6) Covered commodity.--
(A) In general.--The term ``covered commodity'' means wheat, corn, grain sorghum, barley, oats, long grain rice, medium grain rice, pulse crops, soybeans, other oilseeds, and peanuts.
(B) Popcorn.--The Secretary--
(i) shall study the feasibility of including popcorn as a covered commodity by 2014; and
(ii) if the Secretary determines it to be feasible, shall designate popcorn as a covered commodity.
(7) Eligible acres.--
(A) In general.--Except as provided in subparagraphs (B) through (D), the term ``eligible acres'' means all acres planted or prevented from being planted to all covered commodities on a farm in any crop year.
(B) Maximum.--Except as provided in subparagraph (C), the total quantity of eligible acres on a farm determined under subparagraph (A) shall not exceed the average total acres planted or prevented from being planted to covered commodities and upland cotton on the farm for the 2009 through 2012 crop years, as determined by the Secretary.
(C) Adjustment.--The Secretary shall provide for an adjustment, as appropriate, in the eligible acres for covered commodities for a farm if any of the following circumstances occurs:
(i) If a conservation reserve contract for a farm in a county entered into under section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) expires or is voluntarily terminated or cropland is released from coverage under a conservation reserve contract, the Secretary shall provide for an adjustment, as appropriate, in the eligible acres for the farm to a total quantity that is the higher of--
(I) the total base acreage for the farm, less any upland cotton base acreage, that was suspended during the conservation reserve contract; or
(II) the product obtained by multiplying--
(aa) the average proportion that--
(AA) the total number of acres planted to covered commodities and upland cotton in the county for crop years 2009 through 2012; bears to
(BB) the total number of all acres of covered commodities, grassland, and upland cotton acres in the county for the same crop years; by
(bb) the total acres for which coverage has expired, voluntarily terminated, or been released under the conservation reserve contract.
(ii) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(1)(D) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8711(a)(1)(D)).
(iii) The producer has any acreage not cropped during the 2009 through 2012 crop years, but placed into an established rotation practice for the purposes of enriching land or conserving moisture for subsequent crop years, including summer fallow, as determined by the Secretary.
(D) Exclusion.--The term ``eligible acres'' does not include any crop subsequently planted during the same crop year on the same land for which the first crop is eligible for payments under this subtitle, unless the crop was planted in an area approved for double cropping, as determined by the Secretary.
(8) Extra long staple cotton.--The term ``extra long staple cotton'' means cotton that--
(A) is produced from pure strain varieties of the Barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and
(B) is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes.
(9) Individual coverage.--For purposes of agriculture risk coverage under section 1105, the term ``individual coverage'' means coverage determined using the total quantity of all acreage in a county of the covered commodity that is planted or prevented from being planted for harvest by a producer with the yield determined by the average individual yield of the producer described in subsection (c) of that section.
(10) Medium grain rice.--The term ``medium grain rice'' includes short grain rice.
(11) Other oilseed.--The term ``other oilseed'' means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary.
(12) Payment yield.--The term ``payment yield'' means the yield established for adverse market payments under section 1102 or 1302 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7912, 7952) as in effect on the date of enactment of this Act for a farm for a covered commodity.
(13) Producer.--
(A) In general.--The term ``producer'' means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced.
(B) Hybrid seed.--In determining whether a grower of hybrid seed is a producer, the Secretary shall--
(i) not take into consideration the existence of a hybrid seed contract; and
(ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this title.
(14) Pulse crop.--The term ``pulse crop'' means dry peas, lentils, small chickpeas, and large chickpeas.
(15) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(16) Reference price.--The term ``reference price'' means the price per bushel, pound, or hundredweight (or other appropriate unit) of a covered commodity used to determine the actual crop revenue under section 1105(c)(3).
(17) Transitional yield.--The term ``transitional yield'' has the meaning given the term in section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)).
(18) United states.--The term ``United States'', when used in a geographical sense, means all of the States.
SEC. 1105. AGRICULTURE RISK COVERAGE.
(a) Payments Required.--If the Secretary determines that payments are required under subsection (c), the Secretary shall make payments for each covered commodity available to producers in accordance with this section.
(b) Coverage Election.--
(1) In general.--For the period of crop years 2014 through 2018, the producers shall make a 1-time, irrevocable election to receive--
(A) individual coverage under this section, as determined by the Secretary; or
(B) in the case of a county with sufficient data (as determined by the Secretary), county coverage under this section.
(2) Effect of election.--The election made under paragraph
(1) shall be binding on the producers making the election, regardless of covered commodities planted, and applicable to all acres under the operational control of the producers, in a manner that--
(A) acres brought under the operational control of the producers after the election are included; and
(B) acres no longer under the operational control of the producers after the election are no longer subject to the election of the producers but become subject to the election of the subsequent producers.
(3) Duties of the secretary.--The Secretary shall ensure that producers are precluded from taking any action, including reconstitution, transfer, or other similar action, that would have the effect of altering or reversing the election made under paragraph (1).
(c) Agriculture Risk Coverage.--
(1) Payments.--The Secretary shall make agriculture risk coverage payments available under this subsection for each of the 2014 through 2018 crop years if the Secretary determines that--
(A) the actual crop revenue for the crop year for the covered commodity; is less than
(B) the agriculture risk coverage guarantee for the crop year for the covered commodity.
(2) Time for payments.--If the Secretary determines under this subsection that agriculture risk coverage payments are required to be made for the covered commodity, beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity, the Secretary shall make the agriculture risk coverage payments.
(3) Actual crop revenue.--The amount of the actual crop revenue for a crop year of a covered commodity shall be equal to the product obtained by multiplying--
(A)(i) in the case of individual coverage, the actual average individual yield for the covered commodity, as determined by the Secretary; or
(ii) in the case of county coverage, the actual average yield for the county for the covered commodity, as determined by the Secretary; and
(B) the higher of--
(i) the national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary; or
(ii) if applicable, the reference price for the covered commodity under paragraph (4).
(4) Reference price.--The reference price for a covered commodity shall be determined as follows:
(A) In general.--Subject to subparagraph (B), the reference price for a covered commodity shall be the product obtained by multiplying--
(i) 55 percent; by
(ii) the average national marketing year average price for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices.
(B) Alternative price for rice and peanuts.--In the case of long and medium grain rice and peanuts, the reference price shall be--
(i) in the case of long and medium grain rice, $13.00 per hundredweight; and
(ii) in the case of peanuts, $530.00 per ton.
(5) Agriculture risk coverage guarantee.--
(A) In general.--The agriculture risk coverage guarantee for a crop year for a covered commodity shall equal 88 percent of the benchmark revenue.
(B) Benchmark revenue.--
(i) In general.--The benchmark revenue shall be the product obtained by multiplying--
(I)(aa) in the case of individual coverage, subject to clause (ii), the average individual yield, as determined by the Secretary, for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; or
(bb) in the case of county coverage, the average county yield, as determined by the Secretary, for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; and
(II) the average national marketing year average price for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices.
(ii) Use of transitional yields.--If the yield determined under clause (i)(I)(aa)--
(I) for the 2013 crop year or any prior crop year, is less than 60 percent of the applicable transitional yield, the Secretary shall use 60 percent of the applicable transitional yield for that crop year; and
(II) for the 2014 crop year and any subsequent crop year, is less than 65 percent of the applicable transitional yield, the Secretary shall use 65 percent of the applicable transitional yield for that crop year.
(6) Payment rate.--The payment rate for each covered commodity shall be equal to the lesser of--
(A) the amount that--
(i) the agriculture risk coverage guarantee for the covered commodity; exceeds
(ii) the actual crop revenue for the crop year of the covered commodity; or
(B) 10 percent of the benchmark revenue for the crop year of the covered commodity.
(7) Payment amount.--If agriculture risk coverage payments under this subsection are required to be paid for any of the 2014 through 2018 crop years of a covered commodity, the amount of the agriculture risk coverage payment for the crop year shall be equal to the product obtained by multiplying--
(A) the payment rate under paragraph (5); and
(B)(i) in the case of individual coverage the sum of--
(I) 65 percent of the planted eligible acres of the covered commodity; and
(II) 45 percent of the eligible acres that were prevented from being planted to the covered commodity; or
(ii) in the case of county coverage--
(I) 80 percent of the planted eligible acres of the covered commodity; and
(II) 45 percent of the eligible acres that were prevented from being planted to the covered commodity.
(8) Duties of the secretary.--In carrying out the program under this subsection, the Secretary shall--
(A) to the maximum extent practicable, use all available information and analysis to check for anomalies in the determination of payments under the program;
(B) to the maximum extent practicable, calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities;
(C) differentiate by type or class the national average price of--
(i) sunflower seeds;
(ii) barley, using malting barley values; and
(iii) wheat; and
(D) assign a yield for each acre planted or prevented from being planted for the crop year for the covered commodity on the basis of the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary, if the Secretary cannot establish the yield as determined under paragraph (3)(A)(ii) or (5)(B)(i) or if the yield determined under paragraph (3)(A)(ii) or (5) is an unrepresentative average yield for the covered commodity as determined by the Secretary.
SEC. 1106. PRODUCER AGREEMENT REQUIRED AS CONDITION OF
PROVISION OF PAYMENTS.
(a) Compliance With Certain Requirements.--
(1) Requirements.--Before the producers on a farm may receive agriculture risk coverage payments, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments--
(A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.);
(B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.);
(C) to use the land on the farm for an agricultural or conserving use in a quantity equal to the attributable eligible acres of the farm, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary; and
(D) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (C).
(2) Compliance.--The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1).
(3) Modification.--At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary.
(b) Transfer or Change of Interest in Farm.--
(1) Termination.--
(A) In general.--Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm for which agriculture risk coverage payments are made shall result in the termination of the payments, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a).
(B) Effective date.--The termination shall take effect on the date determined by the Secretary.
(2) Exception.--If a producer entitled to an agriculture risk coverage payment dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment, in accordance with rules issued by the Secretary.
(c) Reports.--
(1) Acreage reports.--As a condition on the receipt of any benefits under this subtitle or subtitle B, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm.
(2) Production reports.--As a condition on the receipt of any benefits under section 1105, the Secretary shall require producers on a farm to submit to the Secretary annual production reports with respect to all covered commodities produced on the farm.
(3) Penalties.--No penalty with respect to benefits under this subtitle or subtitle B shall be assessed against the producers on a farm for an inaccurate acreage or production report unless the producers on the farm knowingly and willfully falsified the acreage or production report.
(4) Data reporting.--To the maximum extent practicable, the Secretary shall use data reported by the producer pursuant to requirements under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) to meet the obligations described in paragraphs
(1) and (2), without additional submissions to the Department.
(d) Tenants and Sharecroppers.--In carrying out this subtitle, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers.
(e) Sharing of Payments.--The Secretary shall provide for the sharing of agriculture risk coverage payments among the producers on a farm on a fair and equitable basis.
SEC. 1107. PERIOD OF EFFECTIVENESS.
Sections 1104 through 1106 shall be effective beginning with the 2014 crop year of each covered commodity through the 2018 crop year.
______
SA 1093. Mr. LEAHY (for himself, Mr. Cowan, and Ms. Collins) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 216, line 15, strike ``and'' at the end.
On page 217, strike line 21 and insert the following:habitat.''; and
(6) in subsection (i)--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
______
SA 1094. Mr. BROWN (for himself and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
In section 1001D(b)(1)(A) of the Food Security Act of 1985
(7 U.S.C. 1308-3a) (as amended by section 1605(a)), strike
``$750,000'' and insert ``$500,000''.
______
SA 1095. Mr. CARDIN (for himself, Mr. Boozman, Ms. Mikulski, and Mr. Coons) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
Beginning on page 131 strike ``Secretary'' on line 22 and all that follows through page 132, line 9, and insert the following: ``Secretary--
(i) assumes the production and market risks associated with the agricultural production of crops or livestock; or
(ii) experiences revenue losses under a production contract due to a disaster.
(B) Description.--An individual or entity referred to in subparagraph (A) is--
(i) a citizen of the United States;
(ii) a resident alien;
(iii) a partnership of citizens of the United States;
(iv) a corporation, limited liability corporation, or other farm organizational structure organized under State law; or
(v) a contract grower.
On page 133, line 21, insert ``that are prohibited from replacing livestock due to Federal or State quarantine orders or'' after ``on farms''.
______
SA 1096. Mr. INHOFE (for himself, Mr. Pryor, and Mrs. Fischer) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1150, after line 15, add the following:
SEC. 122__. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE RULE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency.
(2) Farm.--The term ``farm'' has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
(3) Gallon.--The term ``gallon'' means a United States liquid gallon.
(4) Oil.--The term ``oil'' has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
(5) Oil discharge.--The term ``oil discharge'' has the meaning given the term ``discharge'' in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
(6) Reportable oil discharge history.--The term
``reportable oil discharge history'' has the meaning used to describe the legal requirement to report a discharge of oil under applicable law.
(7) Spill prevention, control, and countermeasure rule.--The term ``Spill Prevention, Control, and Countermeasure rule'' means the regulation, including amendments, promulgated by the Administrator under part 112 of title 40, Code of Federal Regulations (or successor regulations).
(b) Certification.--In implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, the Administrator shall--
(1) require certification of compliance with the rule by--
(A) a professional engineer for a farm with--
(i) an individual tank with an aboveground storage capacity greater than 10,000 gallons;
(ii) an aggregate aboveground storage capacity greater than 20,000 gallons; or
(iii) a reportable oil discharge history; or
(B) the owner or operator of the farm (via self-certification) for a farm with--
(i) an aggregate aboveground storage capacity not more than 20,000 gallons and not less than the lesser of--
(I) 6,001 gallons; or
(II) the adjustment described in subsection (d)(2); and
(ii) no reportable oil discharge history of oil; and
(2) not require a certification of a statement of compliance with the rule--
(A) subject to subsection (d), with an aggregate aboveground storage capacity of not less than 2,500 gallons and not more than 6,000 gallons; and
(B) no reportable oil discharge history; and
(3) not require a certification of a statement of compliance with the rule for an aggregate aboveground storage capacity of not more than 2,500 gallons.
(c) Calculation of Aggregate Aboveground Storage Capacity.--For purposes of subsection (b), the aggregate aboveground storage capacity of a farm excludes--
(1) all containers on separate parcels that have a capacity that is 1,000 gallons or less; and
(2) all containers holding animal feed ingredients approved for use in livestock feed by the Commissioner of Food and Drugs.
(d) Study.--
(1) In general.--Not later than 12 months of the date of enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture, shall conduct a study to determine the appropriate exemption under subsection
(b)(2)(A) and (b)(1)(B) to not more than 6,000 gallons and not less than 2,500 gallons, based on a significant rise of discharge to water.
(2) Adjustment.--Not later than 18 months after the date on which the study described in paragraph (1) is complete, the Administrator, in consultation with the Secretary of Agriculture, shall promulgate a rule to adjust the exemption levels described in subsection (b)(2)(A) and (b)(1)(B) in accordance with the study.
______
SA 1097. Mr. GRASSLEY (for himself, Mr. Donnelly, and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1125, after line 23, insert the following:
SEC. 12108. LIVESTOCK INFORMATION DISCLOSURE.
(a) Findings.--Congress finds that--
(1) United States livestock producers supply a vital link in the food supply of the United States, which is listed as a critical infrastructure by the Secretary of Homeland Security;
(2) domestic terrorist attacks have occurred at livestock operations across the United States, endangering the lives and property of people of the United States;
(3) livestock operations in the United States are largely family owned and operated with most families living at the same location as the livestock operation;
(4) State governments and agencies are the primary authority in almost all States for the protection of water quality under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(5) State agencies maintain records on livestock operations and have the authority to address water quality issues where needed; and
(6) there is no discernible environmental or scientifically research-related need to create a database or other system of records of livestock operations in the United States by the Administrator.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency.
(2) Agency.--The term ``Agency'' means the Environmental Protection Agency.
(3) Livestock operation.--The term ``livestock operation'' includes any operation involved in the raising or finishing of livestock and poultry.
(c) Procurement and Disclosure of Information.--
(1) Prohibition.--
(A) In general.--Except as provided in paragraph (2), the Administrator, any officer or employee of the Agency, or any contractor or cooperator of the Agency, shall not disclose the information described in subparagraph (B) of any owner, operator, or employee of a livestock operation provided to the Agency by a livestock producer or a State agency in accordance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(B) Information described.--The information referred to in subparagraph (A) is--
(i) names;
(ii) telephone numbers;
(iii) email addresses;
(iv) physical addresses;
(v) Global Positioning System coordinates; or
(vi) other identifying information regarding the location of the owner, operator, or employee.
(2) Effect.--Nothing in paragraph (1) affects--
(A) the disclosure of information described in paragraph
(1) if--
(i) the information has been transformed into a statistical or aggregate form at the county level or higher without any information that identifies the agricultural operation or agricultural producer; or
(ii) the livestock producer consents to the disclosure;
(B) the authority of any State agency to collect information on livestock operations; or
(C) the authority of the Agency to disclose the information on livestock operations to State or other Federal governmental agencies.
(3) Condition of permit or other programs.--The approval of any permit, practice, or program administered by the Administrator shall not be conditioned on the consent of the livestock producer under paragraph (2)(A)(ii).
______
SA 1098. Mr. BOOZMAN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1150, after line 15, add the following:
Subtitle D--Congressional Review of Agency Rulemaking in Cases of
Negative Effect on Access to Affordable Food
SEC. 12301. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING IN
CASES OF NEGATIVE EFFECT ON ACCESS TO
AFFORDABLE FOOD.
Effective beginning on the date of enactment of this Act, if the Secretary determines that a rule promulgated by any Federal agency could have a negative effect on access by any individual to affordable food the procedures described in this subtitle shall take effect and supercede the provisions of chapter 8 of title 5, United States Code.
SEC. 12302. CONGRESSIONAL REVIEW.
(a)(1)(A) Before a rule may take effect, the Federal agency promulgating such rule shall submit to each House of the Congress and to the Comptroller General a report containing--
(i) a copy of the rule;
(ii) a concise general statement relating to the rule;
(iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 12305(2);
(iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and
(v) the proposed effective date of the rule.
(B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress--
(i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs;
(ii) the agency's actions pursuant to sections 603, 604, 605, 607, and 609 of title 5, United States Code;
(iii) the agency's actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and
(iv) any other relevant information or requirements under any other Act and any relevant Executive orders.
(C) Upon receipt of a report submitted under subparagraph
(A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued.
(2)(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date as provided in section 12303(b)(2). The report of the Comptroller General shall include an assessment of the agency's compliance with procedural steps required by paragraph (1)(B).
(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General's report under subparagraph (A).
(3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 12303 or as provided for in the rule following enactment of a joint resolution of approval described in section 12303, whichever is later.
(4) A nonmajor rule shall take effect as provided by section 12304 after submission to Congress under paragraph
(1).
(5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection
(b)(2), then a joint resolution of approval relating to the same rule may not be considered under this subtitle in the same Congress by either the House of Representatives or the Senate.
(b)(1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 12303.
(2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in subsection (a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect.
(c)(1) Notwithstanding any other provision of this section
(except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress.
(2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is--
(A) necessary because of an imminent threat to health or safety or other emergency;
(B) necessary for the enforcement of criminal laws;
(C) necessary for national security; or
(D) issued pursuant to any statute implementing an international trade agreement.
(3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 12303.
(d)(1) In addition to the opportunity for review otherwise provided under this subtitle, in the case of any rule for which a report was submitted in accordance with subsection
(a)(1)(A) during the period beginning on the date occurring--
(A) in the case of the Senate, 60 session days, or
(B) in the case of the House of Representatives, 60 legislative days,before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 12303 and 12304 shall apply to such rule in the succeeding session of Congress.
(2)(A) In applying sections 12303 and 12304 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though--
(i) such rule were published in the Federal Register on--
(I) in the case of the Senate, the 15th session day, or
(II) in the case of the House of Representatives, the 15th legislative day,after the succeeding session of Congress first convenes; and
(ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date.
(B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect.
(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).
SEC. 12303. CONGRESSIONAL APPROVAL PROCEDURE FOR MAJOR RULES.
(a)(1) For purposes of this section, the term ``joint resolution'' means only a joint resolution addressing a report classifying a rule as major pursuant to section 12302(a)(1)(A)(iii) that--
(A) bears no preamble;
(B) bears the following title (with blanks filled as appropriate): ``Approving the rule submitted by ___ relating to ___.'';
(C) includes after its resolving clause only the following
(with blanks filled as appropriate): ``That Congress approves the rule submitted by ___ relating to ___.''; and
(D) is introduced pursuant to paragraph (2).
(2) After a House of Congress receives a report classifying a rule as major pursuant to section 12302(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)--
(A) in the case of the House of Representatives, within three legislative days; and
(B) in the case of the Senate, within three session days.
(3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding.
(b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued.
(c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.
(d)(1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.
(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.
(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.
(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.
(e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day.
(f)(1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then--
(A) the joint resolution of the other House shall not be referred to a committee; and
(B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House.
(2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure.
(g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 12302(b)(2), then such vote shall be taken on that day.
(h) This section and section 12304 are enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and
(2) with full recognition of the Constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.
SEC. 12304. CONGRESSIONAL DISAPPROVAL PROCEDURE FOR NONMAJOR
RULES.
(a) For purposes of this section, the term ``joint resolution'' means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 12302(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: ``That Congress disapproves the nonmajor rule submitted by the ___ relating to ___, and such rule shall have no force or effect.'' (The blank spaces being appropriately filled in).
(b)(1) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.
(2) For purposes of this section, the term submission or publication date means the later of the date on which--
(A) the Congress receives the report submitted under section 12302(a)(1); or
(B) the nonmajor rule is published in the Federal Register, if so published.
(c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar.
(d)(1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.
(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.
(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.
(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.
(e) In the Senate the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule--
(1) after the expiration of the 60 session days beginning with the applicable submission or publication date, or
(2) if the report under section 12302(a)(1)(A) was submitted during the period referred to in section 12302(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes.
(f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply:
(1) The joint resolution of the other House shall not be referred to a committee.
(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution--
(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but
(B) the vote on final passage shall be on the joint resolution of the other House.
SEC. 12305. DEFINITIONS.
In this subtitle:
(1) The term ``Federal agency'' means any agency as that term is defined in section 551(1) of title 5, United States Code.
(2) The term ``major rule'' means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in--
(A) an annual effect on the economy of $100,000,000 or more;
(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or
(C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.
(3) The term ``nonmajor rule'' means any rule that is not a major rule.
(4) The term ``rule'' has the meaning given such term in section 551 of title 5, United States Code, except that such term does not include--
(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing;
(B) any rule relating to agency management or personnel; or
(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.
SEC. 12306. JUDICIAL REVIEW.
(a) No determination, finding, action, or omission under this subtitle shall be subject to judicial review.
(b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this subtitle for a rule to take effect.
(c) The enactment of a joint resolution of approval under section 12303 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect.
SEC. 12307. EXEMPTION FOR MONETARY POLICY.
Nothing in this subtitle shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.
SEC. 12308. APPLICABILITY.
This subtitle shall only apply to a rule that the Secretary determines to have a negative effect on access by any individual to affordable food.
SEC. 12309. EFFECTIVE DATE OF CERTAIN RULES.
Notwithstanding section 12302--
(1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or
(2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the rule determines.
______
SA 1099. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 421, between lines 3 and 4, insert the following:
SEC. 42___. SERVICE OF TRADITIONAL FOODS IN PUBLIC
FACILITIES.
(a) Definitions.--In this section:
(1) Food service program.--The term ``food service program'' includes--
(A) food service at a residential child care facility with a license from an appropriate State agency;
(B) a child nutrition program (as defined in section 25(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769f (b));
(C) food service at a hospital, clinic, or long-term care facility; and
(D) a senior meal program.
(2) Indian; indian tribe.--The terms ``Indian'' and
``Indian tribe'' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Traditional food.--
(A) In general.--The term ``traditional food'' means food that has traditionally been prepared and consumed by an Indian tribe.
(B) Inclusions.--The term ``traditional food'' includes--
(i) wild game meat;
(ii) fish;
(iii) seafood; and
(iv) plants.
(4) Tribal organization.--The term ``tribal organization'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(b) Program.--Notwithstanding any other provision of law, the Secretary shall allow the donation to and serving of traditional food through a food service program at a public or nonprofit facility, including a facility operated by an Indian tribe or tribal organization, that primarily serves Indians if the operator of the food service program--
(1) ensures that the food is received whole, gutted, gilled, as quarters, or as a roast, without further processing;
(2) makes a reasonable determination that--
(A) the animal was not diseased;
(B) the food was butchered, dressed, transported, and stored to prevent contamination, undesirable microbial growth, or deterioration; and
(C) the food will not cause a significant health hazard or potential for human illness;
(3) carries out any further preparation or processing of the food at a different time or in a different space from the preparation or processing of other food for the applicable program to prevent cross-contamination;
(4) cleans and sanitizes food-contact surfaces of equipment and utensils after processing the traditional food; and
(5) labels donated traditional food with the name of the food and stores the traditional food separately from other food for the applicable program, including through storage in a separate freezer or refrigerator or in a separate compartment or shelf in the freezer or refrigerator.
______
SA 1100. Mrs. HAGAN (for herself, Mr. Crapo, Mr. Carper, Ms. Landrieu, Mr. Pryor, Mr. Donnelly, Mr. Vitter, Ms. Heitkamp, Mr. Coons, Mr. Risch, Mrs. McCaskill, Mrs. Fischer, and Mr. Johanns) submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 122__. USE OF AUTHORIZED PESTICIDES; DISCHARGES OF
PESTICIDES; REPORT.
(a) Use of Authorized Pesticides.--Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:
``(5) Use of authorized pesticides.--Except as provided in subsection (s) of section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342), the Administrator or a State shall not require a permit under that Act for a discharge from a point source into navigable waters of--
``(A) a pesticide authorized for sale, distribution, or use under this Act; or
``(B) the residue of such a pesticide, resulting from the application of the pesticide.''.
(b) Discharges of Pesticides.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:
``(s) Discharges of Pesticides.--
``(1) No permit requirement.--Except as provided in paragraph (2), a permit shall not be required by the Administrator or a State under this Act for a discharge from a point source into navigable waters of--
``(A) a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.); or
``(B) the residue of such a pesticide, resulting from the application of the pesticide.
``(2) Exceptions.--Paragraph (1) shall not apply to the following discharges of a pesticide or pesticide residue:
``(A) A discharge resulting from the application of a pesticide in violation of a provision of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) relating to protecting water quality if--
``(i) the discharge would not have occurred without the violation; or
``(ii) the quantity of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation.
``(B) Stormwater discharges subject to regulation under subsection (p).
``(C) The following discharges subject to regulation under this section:
``(i) Manufacturing or industrial effluent.
``(ii) Treatment works effluent.
``(iii) Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention.''.
(c) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Agriculture, shall submit to the Committee on Environment and Public Works and the Committee on Agriculture of the Senate and the Committee on Transportation and Infrastructure and the Committee on Agriculture of the House of Representatives a report that includes--
(1) the status of intra-agency coordination between the Office of Water and the Office of Pesticide Programs of the Environmental Protection Agency regarding streamlining information collection, standards of review, and data use relating to water quality impacts from the registration and use of pesticides;
(2) an analysis of the effectiveness of current regulatory actions relating to pesticide registration and use aimed at protecting water quality; and
(3) any recommendations on how the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) can be modified to better protect water quality and human health.
______
SA 1101. Mr. THUNE submitted an amendment intended to be proposed to amendment SA 998 submitted by Mr. Leahy to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 12, strike lines 6 and 7, and insert the following:
``shall be used for any 1 project;
``(IV) no portion of the proposed service territory is already served by ultra-high speed service;
``(V) the entity receiving the grant, loan, or loan guarantee--
``(aa) does not already provide ultra-high speed service in any State in which the entity operates; and
``(bb) has not received any funding under the broadband technologies opportunity program established under section 6001 of division B of the American Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305) or the programs funded under the heading `distance learning, telemedicine, and broadband program' under the heading `Department of Agriculture' under title I of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 119); and
``(VI) paragraph (2)(A)(i) shall
______
SA 1102. Mr. JOHANNS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
Beginning on page 39, strike line 13 and all that follows through page 40, line 4, and insert the following:
(c) Reference Price.--The reference price for a covered commodity shall be the product obtained by multiplying--
(1) 55 percent; by
(2) the average national marketing year average price for the most recent 5 crop years, excluding each of the crop years with the high est and lowest prices.
______
SA 1103. Mr. JOHANNS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1150, after line 15, add the following:
SEC. 122__. REDUCING REGULATORY BURDENS.
(a) Use of Authorized Pesticides.--Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:
``(5) Use of authorized pesticides.--Except as provided in section 402(s) of the Federal Water Pollution Control Act, the Administrator or a State may not require a permit under such Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under this Act, or the residue of such a pesticide, resulting from the application of such pesticide.''.
(b) Discharges of Pesticides.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:
``(s) Discharges of Pesticides.--
``(1) No permit requirement.--Except as provided in paragraph (2), a permit shall not be required by the Administrator or a State under this Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act, or the residue of such a pesticide, resulting from the application of such pesticide.
``(2) Exceptions.--Paragraph (1) shall not apply to the following discharges of a pesticide or pesticide residue:
``(A) A discharge resulting from the application of a pesticide in violation of a provision of the Federal Insecticide, Fungicide, and Rodenticide Act that is relevant to protecting water quality, if--
``(i) the discharge would not have occurred but for the violation; or
``(ii) the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation.
``(B) Stormwater discharges subject to regulation under subsection (p).
``(C) The following discharges subject to regulation under this section:
``(i) Manufacturing or industrial effluent.
``(ii) Treatment works effluent.
``(iii) Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention.''.
______
SA 1104. Mr. CHAMBLISS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 62, line 14, insert ``and section 1207'' after
``this section''.
On page 73, between lines 17 and 18, insert the following:
SEC. 1207. SPECIAL MARKETING LOAN PROVISIONS FOR UPLAND
COTTON.
(a) Special Import Quota.--
(1) Definition of special import quota.--In this subsection, the term ``special import quota'' means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.
(2) Establishment.--
(A) In general.--The President shall carry out an import quota program during the period beginning on August 1, 2013, and ending on July 31, 2019, as provided in this subsection.
(B) Program requirements.--Whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 1 \3/32\-inch cotton, delivered to a definable and significant international market, as determined by the Secretary, exceeds the prevailing world market price, there shall immediately be in effect a special import quota.
(3) Quantity.--The quota shall be equal to the consumption during a 1-week period of cotton by domestic mills at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture or other data are available.
(4) Application.--The quota shall apply to upland cotton purchased not later than 90 days after the date of the Secretary's announcement under paragraph (2) and entered into the United States not later than 180 days after that date.
(5) Overlap.--A special quota period may be established that overlaps any existing quota period if required by paragraph (2), except that a special quota period may not be established under this subsection if a quota period has been established under subsection (b).
(6) Preferential tariff treatment.--The quantity under a special import quota shall be considered to be an in-quota quantity for purposes of--
(A) section 213(d) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d));
(B) section 204 of the Andean Trade Preference Act (19 U.S.C. 3203);
(C) section 503(d) of the Trade Act of 1974 (19 U.S.C. 2463(d)); and
(D) General Note 3(a)(iv) to the Harmonized Tariff Schedule.
(7) Limitation.--The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 10 week's consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year.
(b) Limited Global Import Quota for Upland Cotton.--
(1) Definitions.--In this subsection:
(A) Demand.--The term ``demand'' means--
(i) the average seasonally adjusted annual rate of domestic mill consumption of cotton during the most recent 3 months for which official data of the Department of Agriculture (as determined by the Secretary) are available; and
(ii) the larger of--
(I) average exports of upland cotton during the preceding 6 marketing years; or
(II) cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established.
(B) Limited global import quota.--The term ``limited global import quota'' means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.
(C) Supply.--The term ``supply'' means, using the latest official data of the Department of Agriculture--
(i) the carryover of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established;
(ii) production of the current crop; and
(iii) imports to the latest date available during the marketing year.
(2) Program.--The President shall carry out an import quota program that provides that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of the quality of cotton in the markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a limited global import quota subject to the following conditions:
(A) Quantity.--The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or as estimated by the Secretary.
(B) Quantity if prior quota.--If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand.
(C) Preferential tariff treatment.--The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of--
(i) section 213(d) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade Preference Act (19 U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974 (19 U.S.C. 2463(d)); and
(iv) General Note 3(a)(iv) to the Harmonized Tariff Schedule.
(D) Quota entry period.--When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary.
(3) No overlap.--Notwithstanding paragraph (2), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection
(a).
______
SA 1105. Mr. CHAMBLISS (for himself, Mrs. Feinstein, and Mr. Isakson) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 351, between lines 9 and 10, insert the following:
SEC. 3210. IMPORT PROHIBITION ON OLIVE OIL.
Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 608e-1(a)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended in the matter preceding the first proviso in the first sentence by inserting ``olive oil,'' after ``clementines,''.
______
SA 1106. Mr. CHAMBLISS (for himself, Mr. Udall of Colorado, Mr. Bennet, Mr. Crapo, and Mr. Heinrich) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 986, between lines 4 and 5, insert the following:
SEC. 83____. FOREST SERVICE LARGE AIRTANKER AND AERIAL ASSET
FIREFIGHTING RECAPITALIZATION PILOT PROGRAM.
(a) In General.--Subject to the availability of appropriations, the Secretary, acting through the Chief of the Forest Service (referred to in this section as the
``Secretary''), may establish a large airtanker and aerial asset lease program in accordance with this section.
(b) Aircraft Requirements.--In carrying out the program described in subsection (a), the Secretary may enter into a multiyear lease contract for up to 5 aircraft that meet the criteria--
(1) described in the Forest Service document entitled
``Large Airtanker Modernization Strategy'' and dated February 10, 2012, for large air tankers; and
(2) determined by the Secretary, for other aerial assets.
(c) Lease Terms.--The term of any individual lease agreement into which the Secretary enters under this section shall be--
(1) up to 5 years, inclusive of any options to renew or extend the initial lease term; and
(2) in accordance with section 3903 of title 41, United States Code.
(d) Prohibition.--No lease entered into under this section shall provide for the purchase of the aircraft by, or the transfer of ownership to, the Forest Service.
______
SA 1107. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. WORK REQUIREMENTS.
(a) Declaration of Policy.--Section 2 of the Food and Nutrition Act of 2008 (7 U.S.C. 2011) is amended by adding at the end the following: ``Congress further finds that it should also be the purpose of the food stamp program to increase employment, to encourage healthy marriage, and to promote prosperous self-sufficiency, which means the ability of households to maintain an income above the poverty level without services and benefits from the Federal Government.''.
(b) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended by adding at the end the following:
``(w) Able-bodied, Work-eligible Adult.--
``(1) In general.--The term `able-bodied, work-eligible adult' means an individual who--
``(A) is more than 18, and less than 63, years of age;
``(B) is not physically or mentally incapable of work; and
``(C) is not the full-time caretaker of a disabled adult dependent.
``(2) Physically or mentally incapable of work.--For purposes of paragraph (1)(B), the term `physically or mentally incapable of work' means an individual who--
``(A) currently receives benefits under the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or another program that provides recurring benefits to individuals because the individual is disabled and unable to work; or
``(B) has been medically certified as physically or mentally incapable of work and who has a credible pending application for enrollment in the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or another program that provides recurring benefits to individuals because the individual is disabled and unable to work.
``(x) Family Head.--The term `family head' means--
``(1) a biological parent who is lawfully present in the United States and resides within a household with 1 or more dependent children who are the biological offspring of the parent; or
``(2) in the absence of a biological parent, a step parent, adoptive parent, guardian, or adult relative who resides with and provides care to the 1 or more children and is lawfully present in the United States.
``(y) Family Unit.--The term `family unit' means--
``(1) an adult residing without dependent children;
``(2) a single-headed family with dependent children; or
``(3) a married couple family with dependent children.
``(z) Family With Dependent Children.--
``(1) In general.--The term `family with dependent children' means a unit consisting of a family head, 1 or more dependent children, and, if applicable, the married spouse of the family head, all of whom share meals and reside within a single household.
``(2) Multiple families in a household.--There may be more than 1 family with dependent children in a single household.
``(aa) Married Couple Family With Dependent Children.--The term `married couple family with dependent children' means a family with dependent children that has both a family head and the married spouse of the family head residing with the family.
``(bb) Married Spouse of the Family Head.--The term
`married spouse of the family head' means the lawfully married spouse of the family head who--
``(1) resides with the family head and dependent children; and
``(2) is lawfully present in the United States.
``(cc) Member of a Family.--The term `member of a family' means the family head, married spouse if present, and all dependent children within a family with dependent children
``(dd) Monthly Potential Work Activation Population.--The term `monthly potential work activation population' means the sum of--
``(1) all able-bodied, work-eligible adults without dependents who have received food stamp benefits and have maintained less than 60 hours of paid employment during a month;
``(2) all work-eligible single-headed families with dependent children that have received food stamp benefits during the month and have maintained less than 120 hours of paid employment by the family head during the month; and
``(3) all work-eligible married couples with dependent children that have received food stamp benefits during the month and have maintained less than 120 combined hours of paid employment between the family head and the married spouse, summed together and counted jointly, during the month.
``(ee) Monthly Work Activation Participants.--The term
`monthly work activation participants' means the sum of--
``(1) all able-bodied, work-eligible adults without dependents who have received food stamp benefits and have maintained--
``(A) less than 60 hours of paid employment during a month; and
``(B) more than 60 hours of combined paid employment and work activation activity during the month;
``(2) all work-eligible single-headed families with dependent children that have received food stamp benefits during the month and include a family head who has maintained--
``(A) less than 120 hours of paid employment during the month; and
``(B) more than 120 hours of combined paid employment and work activation activity during the month; and
``(3) all work-eligible married couples with dependent children who have received food stamp benefits during the month, and have maintained--
``(A) less than 120 combined hours of paid employment between the family head and the spouse, combined, during the month; and
``(B) more than 120 hours of combined paid employment and work activation activity between the family head and the married spouse, combined, during the month.
``(ff) Single-headed Family With Dependent Children.--The term `single-headed family with dependent children' means a family with dependent children that--
``(1) contains a family head residing with the family; but
``(2) does not have a married spouse of the family head residing with the family.
``(gg) Work Activation.--
``(1) In general.--The term `work activation' means--
``(A) supervised job search;
``(B) community service activities;
``(C) education and job training for individuals who are family heads or married spouses of family heads;
``(D) workfare under section 20; or
``(E) drug or alcohol treatment.
``(2) Supervised job search.--For purposes of paragraph
(1)(A), the term `supervised job search' means a job search program that has the following characteristics:
``(A) The job search occurs at an official location where the presence and activity of the recipient can be directly observed, supervised, and monitored.
``(B) The recipient's entry, time on site, and exit from the official job search location are recorded in a manner that prevents fraud.
``(C) The recipient is expected to remain and undertake job search activities at the job search center, except for brief, authorized departures for specified off-site interviews.
``(D) The quantity of time the recipient is observed and monitored engaging in job search at the official location is recorded for purposes of compliance with section 29.
``(hh) Work Activation Ratio.--The term `work activation ratio' means the quotient obtained by dividing--
``(1) the number of work activation participants in a month; by
``(2) the monthly potential work activation population for the month.
``(ii) Work Activities.--The term `work activities' means--
``(1) paid employment;
``(2) work activation; or
``(3) a combination of both paid employment and work activation.
``(jj) Work-eligible Adult Without Dependent Children.--The term `work-eligible adult without dependent children' means an individual who--
``(1) is an able-bodied, work-eligible adult; and
``(2) is not a family head or the married spouse of a family head.
``(kk) Work-eligible Family Unit.--The term `work-eligible family unit' means--
``(1) an able-bodied, work-eligible adult without dependent children;
``(2) a work-eligible single-headed family with dependent children; or
``(3) a work-eligible married couple family with dependent children.
``(ll) Work-eligible Married Couple Family With Dependent Children.--The term `work-eligible married couple family with dependent children' means a married couple with dependent children that contains at least 1 work-eligible, able-bodied adult who is--
``(1) the family head; or
``(2) the married spouse of the family head.
``(mm) Work-eligible Single-headed Family With Dependent Children.--The term `work-eligible single-headed family with dependent children' means a single-headed family with dependent children that has a family head who is an able-bodied, work-eligible adult.''.
(c) Conditions of Participation.--Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)) is amended by striking subsection (d) and inserting the following:
``(d) Conditions of Participation.--
``(1) Work requirements.--
``(A) In general.--No able-bodied, work-eligible adult shall be eligible to participate in the food stamp program if the individual--
``(i) refuses, at the time of application and every 12 months thereafter, to register for employment in a manner prescribed by the Secretary;
``(ii) refuses without good cause to accept an offer of employment, at a site or plant not subject to a strike or lockout at the time of the refusal, at a wage not less than the higher of--
``(I) the applicable Federal or State minimum wage; or
``(II) 80 percent of the wage that would have applied had the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) been applicable to the offer of employment;
``(iii) refuses without good cause to provide a State agency with sufficient information to allow the State agency to determine the employment status or the job availability of the individual; or
``(iv) voluntarily--
``(I) quits a job; or
``(II) reduces work effort and, after the reduction, is working less than 30 hours per week, unless another adult in the same family unit increases employment at the same time by an amount that is at least equal to the reduction in work effort by the first adult.
``(B) Family unit ineligibility.--If an able-bodied, work-eligible adult is ineligible to participate in the food stamp program because of subparagraph (A), no other member of the family unit to which that adult belongs shall be eligible to participate.
``(C) Duration of ineligibility.--An able-bodied, work-eligible adult who becomes ineligible under subparagraph (A), and members of the family unit who become ineligible under subparagraph (B), shall remain ineligible for 3 months after the date on which ineligibility began.
``(D) Restoration of eligibility.--At the end of the 3-month period of ineligibility under subparagraph (c), members of a work-eligible family unit may have their eligibility to participate in the food stamp program restored, if--
``(i) the family unit is no longer a work-eligible family unit; or
``(ii) the adult members of the family unit begin and maintain any combination of paid employment and work activation sufficient to meet the appropriate standards for resumption of benefits in section 29(c)(2).
``(2) Strike against a government.--For the purpose of subparagraph (A)(iv), an employee of the Federal Government, a State, or a political subdivision of a State, who is dismissed for participating in a strike against the Federal Government, the State, or the political subdivision of the State shall be considered to have voluntarily quit without good cause.
``(3) Striking workers ineligible.--
``(A) In general.--Except as provided in subparagraphs (B) and (C) and notwithstanding any other provision of law, no member of a family shall be eligible to participate in the food stamp program at any time that any able-bodied, work-eligible adult member of the household is on strike as defined in section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142), because of a labor dispute (other than a lockout) as defined in section 2 of the National Labor Relations Act (29 U.S.C. 152).
``(B) Prior eligibility.--
``(i) In general.--Subject to clauses (ii), a family unit shall not lose eligibility to participate in the food stamp program as a result of 1 of the members of the family unit going on strike if the household was eligible immediately prior to the strike.
``(ii) No increased allotment.--A family unit described in clause (i) shall not receive an increased allotment as the result of a decrease in the income of the 1 or more striking members of the household.
``(C) Refusal to accept employment.--Ineligibility described in subparagraph (A) shall not apply to any family unit that does not contain a member on strike, if any of the members of the family unit refuses to accept employment at a plant or site because of a strike or lockout.''.
(d) Eligibility of Students With Dependent Children.--Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) is amended by striking paragraph (8) and inserting the following:
``(8) is enrolled full-time in an institution of higher education, as determined by the institution, and--
``(A) is a single parent with responsibility for the care of a dependent child under 12 years of age; or
``(B) is a family head or married spouse of a family head in a married couple family with dependent children and has a dependent child under age 12 residing in the home.''.
(e) Work Requirement.--Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by striking subsection
(o) and inserting the following:
``(o) Fulfillment of Employment and Work Activation Requirements.--
``(1) In general.--If 1 or more adults within a work-eligible family unit are required by the State agency to participate in work activation under section 29, no member of the family unit shall be eligible for food stamp benefits unless the family unit complies with the employment and work activation standards.
``(2) Sanctions and resumption of benefits.--If 1 or more adults within a work-eligible family unit who are required by the State agency to participate in work activation under section 29 during a given month fail to comply with the work activation standards, benefits for all members of the family unit--
``(A) shall be terminated in accordance with section 29(c)(1); and
``(B) may be resumed upon compliance with section 29(c)(2).''.
(f) Exclusion.--Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by adding at the end the following:
``(r) Minor Children.--No child less than age 18 years of age may participate in the food stamp program unless the child is a member of a family with dependent children and resides with an adult who is--
``(1) the family head of the same family of which the child is also a member;
``(2) eligible to participate, and participating, in the food stamp program as a member of the same household as the child; and
``(3) lawfully residing, and eligible to work, in the United States.''.
(g) Hearing and Determination.--Section 11(e)(10) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(10)) is amended by striking ``: Provided'' and all that follows through ``hearing;'' at the end and inserting a semicolon.
(h) Work Requirements and Activation Program.--The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following:
``SEC. 29. WORK REQUIREMENTS AND ACTIVATION PROGRAM.
``(a) Employment and Work Activation Standards.--
``(1) In general.--A family unit with adult members that is required to participate in work activation under subsection
(b) during a full month of participation in the food stamp program shall fulfill the following levels of work activity during that month:
``(A) Each able-bodied, work-eligible adult without dependent children shall be required to perform work activities for at least 60 hours per month.
``(B) Each family head of a work-eligible single-headed family with dependent children shall be required to perform work activities for at least 120 hours per month.
``(C) Subject to paragraph (2), in each work-eligible married couple family with dependent children, the family head and married spouse shall be required to perform work activities that when added together for the 2 adults equal at least 120 hours per month.
``(2) Requirements.--
``(A) Single joint obligation.--The 120-hour requirement under paragraph (1)(C) shall be a single joint obligation for the married couple as a whole in which the activities of both married partners shall be combined together and counted jointly.
``(B) Relationship to paid employment and work activation.--For purposes of meeting the 120-hour requirement, the paid employment and work activation of the family head shall be added to the paid employment and work activation of the married spouse, and the requirement shall be fulfilled if the sum of the work activities of the 2 individuals equals or exceeds 120 hours per month.
``(C) Options.--The work requirement for a work-eligible married couple family with dependent children may be fulfilled--
``(i) by 120 or more hours of work activity by the family head;
``(ii) by 120 or more hours of work activities by the married spouse; or
``(iii) if the combined work activities of the family head and married spouse which when added together equal or exceed 120 hours.
``(D) No separate work activation requirement.--Neither the family head nor the married spouse in a married couple with dependent children shall be subject to a separate work activation requirement as individuals.
``(b) Pro Rata Reduction in Employment and Work Activation Standard During a Partial Month.--
``(1) In general.--A work-eligible family unit shall be subject to a pro-rated work activity standard, if the family unit--
``(A) receives a pro-rated monthly allotment during the initial month of enrollment under section 8(c); and
``(B) is required by the State to participate in the work activation program during that month.
``(2) Pro-rated work activity standard.--For purposes of paragraph (1), the term `pro-rated work activity standard' means a standard that equals a number of hours of work activity of a family unit that bears the same proportion to the employment and work activation requirement for the family unit for a full month under subsection (a) as the proportion that--
``(A) the pro-rated monthly allotment received by the household for the partial month under section 8(c); bears to
``(B) the full allotment the same household would receive for a complete month.
``(3) Requirement.--For purposes of fulfilling the pro-rated work activity requirement during an initial month of enrollment in the food stamp program, only those hours of adult work activity that occurred during the portion of the month in which the family unit was participating in the food stamp program shall be counted.
``(c) Sanction for Noncompliance.--
``(1) Standard.--
``(A) In general.--If 1 or more members of a work-eligible family unit are required to participate in the work activation program under subsection (e) in a calendar month and the 1 or more individuals fail to fulfill the work activity standard under subsection (a) or (b) for that month--
``(i) no member of the family unit shall be eligible to receive food stamp benefits during the subsequent calendar month; and
``(ii) except as provided in subparagraph (B), the State agency shall not provide the food stamp benefit payment for all members of the family unit that otherwise would have been issued at the beginning of the next month.
``(B) Administrative delay of sanction.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), if it is administratively infeasible for the State to not provide the food stamp benefit that would be issued at the beginning of the first month after the month of noncompliance, the State shall not provide the payment to all members of the family unit that otherwise would have been made at the beginning of the second month after the month of noncompliance.
``(ii) Deadline.--The sanction of benefits shall occur not later than 32 days after the end of the month of noncompliance.
``(iii) Relationship of payments to members of the family unit.--At least 1 monthly payment to all members of the family unit shall be not provided for each month of noncompliance under subparagraph (A).
``(2) Resumption of benefits after sanction.--
``(A) In general.--If a family unit has had the monthly benefit of the family unit not provided due to noncompliance with a work activity requirement under subsection (b), the family unit shall not be eligible to receive future benefits under the food stamp program, until--
``(i) the 1 or more work-eligible members of the family unit have participated in the work activation program under subsection (e) for at least 4 consecutive subsequent weeks and fulfilled the work activity standard for the family unit for that same 4-week period; or
``(ii) the family unit no longer contains any able-bodied, work-eligible adults.
``(B) Limitation.--The resumed benefits cannot restore or compensate for the benefits that were not provided due to the sanction imposed under paragraph (1).
``(d) Work Activation Is Not Employment.--Participation in work activation activities under this section shall--
``(1) not be considered to be employment; and
``(2) not be subject to any law pertaining to wages, compensation, hours, or conditions of employment under any law administered by the Secretary of Labor.
``(e) Work Activation Program.--
``(1) Program.--Each State participating in the food stamp program shall carry out a work activation program.
``(2) Purpose.--
``(A) In general.--The goal of each work activation program shall be to increase the employment of able-bodied, work-eligible adult food stamp recipients.
``(B) Requirement.--To accomplish the goal, each State shall require able-bodied adult food stamp recipients who are unemployed or under-employed to engage in work activation.
``(3) Target work activation ratios.--
``(A) In general.--Beginning on the date that is 180 days after the date of enactment of this section, a State shall engage able-bodied food stamp recipients in work activation each month in sufficient numbers to meet the following monthly target work activation ratios:
``(i) In 2014, the monthly target work activation ratio shall be 4 percent.
``(ii) In 2015 and each subsequent year, the monthly target work activation ratio shall be 7 percent.
``(B) Limitation on education and training as a component of work activation.--For purposes of compliance by the State with the work activation ratios, not more than 20 percent of the monthly work activation participants counted by the State may be engaged in employment and training as a means of fulfilling the employment and work activation standards of the participants.
``(4) Work activation priority populations.--
``(A) In general.--In carrying out the work activation programs, a State shall give priority to participation by the following recipient groups:
``(i) Work-eligible adults without dependent children.
``(ii) Work-eligible adults who are also recipients of housing assistance.
``(iii) Other work-eligible recipients at the time of initial application for food stamp benefits.
``(B) Participation share.--Except as provided in subparagraph (C), at least 80 percent of the participants in a work activation program shall belong to at least 1 of the 3 priority groups listed in subparagraph (A).
``(C) Exception.--
``(i) In general.--The percentage requirement in subparagraph (B) shall not apply if the number of recipients in the 3 priority groups in the State is insufficient to meet that requirement.
``(ii) Priority.--In circumstances described in clause (i), the State shall continue to give priority to any recipients who belong to 1 of the 3 priority groups.
``(5) Reimbursable expenses of participants.--
``(A) In general.--A State agency shall provide payments or reimbursements to participants in work activation carried out under this section for--
``(i) the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to participation in the work activation components of the program; and
``(ii) the actual costs of such dependent care expenses as are determined by the State agency to be necessary for the participation of an individual in the work activation components of the program (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.)) in a local area in which an employment, training, or education program under title IV of that Act (42 U.S.C. 601 et seq.) is in operation, on the condition that no such payment or reimbursement shall exceed the applicable local market rate.
``(B) Vouchers.--
``(i) In general.--In lieu of providing reimbursements for dependent care expenses under subparagraph (A)(ii), a State agency may, at the option of the State agency, arrange for dependent care through providers by providing vouchers to the household to allow the recipient to choose between all lawful providers.
``(ii) Value of vouchers.--The value of a voucher shall not exceed the average local market rate.
``(C) Value of services.--The value of any dependent care services provided for or arranged under subparagraph (A) or
(B), or any amount received as a payment or reimbursement under subparagraph (A), shall--
``(i) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and
``(ii) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986.
``(6) Penalties for inadequate state performance.--
``(A) Definitions.--In this paragraph:
``(i) Non-performance month.--The term `non-performance month' means a month in which a State fails to engage food stamp recipients in work activation in sufficient numbers to meet or exceed the appropriate target work activation ratio under paragraph (3).
``(ii) Penalty month.--The term `penalty month' means a month in which a State is penalized for the failure.
``(B) Penalty.--If, in a month, a State fails to engage food stamp recipients in work activation in sufficient numbers to meet or exceed the appropriate work activation ratio under paragraph (3), the Federal food stamp funding provided to the State in a subsequent penalty month shall be reduced in accordance with this paragraph.
``(C) Timing.--The penalty month shall be not later than 4 months after the non-performance month.
``(D) Reduction.--The amount of Federal food stamp funding a State shall receive for the penalty month shall equal the product obtained by multiplying--
``(i) the amount of Federal food stamp funds the State would otherwise have received; and
``(ii) the quotient obtained by dividing--
``(I) the actual monthly work activation ratio achieved by the State in the penalty month; by
``(II) the target monthly work activation ratio for the penalty month.
``(7) Rewards to states for reducing government dependence.--
``(A) In general.--If, in any future year, a State reduces the food stamp caseload of the State below the levels that existed in calendar year 2006, the State shall receive a financial reward for reducing dependence.
``(B) Amount.--The reward shall equal \1/4\ of the savings to the Federal Government for that year that resulted from the caseload reduction.
``(C) Use of reward.--A State may use reward funding under this paragraph for any purpose chosen by the State that--
``(i) provides benefits or services to individuals with incomes below 200 percent of the Federal poverty level;
``(ii) improves social outcomes in low-income populations;
``(iii) encourages healthy marriage; or
``(iv) increases self-sufficiency and reduces dependence.
``(8) Authorization of funding.--
``(A) In general.--There is authorized to be appropriated to the Secretary to provide funds to State governments for the purpose of carrying out work activation programs in accordance with this section $2,500,000,000 for fiscal year 2014 and each subsequent fiscal year.
``(B) Allocation among states.--The total amount appropriated under subparagraph (A) for a fiscal year shall be allocated among the States in accordance with the proportion of each State's share of total funding for the food stamp program under this Act in fiscal year 2007.''.
(i) Conforming Amendments.--
(1) Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended--
(A) in subsection (a), in the second sentence, by striking
``, 6(d)(2),'';
(B) in subsection (d)(14), by striking ``section 6(d)(4)(I)'' and inserting ``section 29'';
(C) in subsection (e)(3)(B)(ii), by striking ``subsection
(d)(3)'' and inserting ``section 29''; and
(D) in the first sentence of subsection (g)(3), by striking
``section 6(d)'' and inserting ``section 29''.
(2) Section 7(i)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2016(i)(1)) is amended by striking ``section 6(o)(2)'' and inserting ``section 6(o)''.
(3) Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended--
(A) by striking paragraph (19); and
(B) by redesignating paragraphs (20) through (23) as paragraphs (19) through (22), respectively.
(4) Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended--
(A) in subsection (b)(4), by striking ``section 6(d)'' and inserting ``section 29''; and
(B) by striking subsection (h).
(5) Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(B)(iv)(III)--
(I) by striking item (bb); and
(II) by redesignating items (cc) through (jj) as items (bb) through (ii), respectively;
(ii) in paragraph (2), by striking the second sentence; and
(iii) in paragraph (3)(B), in the first sentence, by striking ``section 6(d)'' and inserting ``section 29,''; and
(B) by striking subsection (g).
(6) Section 20 of the Food and Nutrition Act of 2008 (7 U.S.C. 2029) is amended--
(A) in subsection (b)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively;
(B) by striking subsection (f); and
(C) by redesignating subsection (g) as subsection (f).
(7) Section 22(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(b)) is amended by striking paragraph (4).
(8) Section 26(f)(3)(E) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(f)(3)(E)) is amended by striking ``(22), and (23)'' and inserting ``(21), and (22)''.
(9) Section 501(b)(2)(E) of the Workforce Investment Act of 1998 (20 U.S.C. 9271(b)(2)(E)) is amended by striking
``section 6(d)'' and all that follows through the end and inserting ``section 29 of the Food and Nutrition Act of 2008.''.
(10) Section 112(b)(8)(A)(iii) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(8)(A)(iii)) is amended by striking ``section 6(d)(4)'' and all that follows through
``(7 U.S.C. 2015(d)(4))'' and inserting ``section 29 of the Food and Nutrition Act of 2008''.
(11) Section 121(b)(2)(B)(ii) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(b)(2)(B)(ii)) is amended by striking ``section 6(d)(4)'' and all that follows through the end and inserting ``section 29 of the Food and Nutrition Act of 2008;''.
SEC. _____. CATEGORICAL ELIGIBILITY LIMITED TO CASH
ASSISTANCE.
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 ``who receives benefits'' and inserting ``who receives cash assistance''.
SEC. _____. STANDARD UTILITY ALLOWANCES BASED ON THE RECEIPT
OF ENERGY ASSISTANCE PAYMENTS.
(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 1108. Mr. WICKER submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 929, between lines 2 and 3, insert the following:
SEC. 73__. AGRICULTURAL TECHNOLOGY INNOVATION PARTNERSHIP
PILOT PROGRAM FOR REGIONAL COLLABORATION AND
INNOVATIVE VENTURE DEVELOPMENT TRAINING.
Subtitle A of title VI of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by adding after section 604 (7 U.S.C. 7642) the following:
``SEC. 605. AGRICULTURAL TECHNOLOGY INNOVATION PARTNERSHIP
PILOT PROGRAM FOR REGIONAL COLLABORATION AND
INNOVATIVE VENTURE DEVELOPMENT TRAINING.
``(a) In General.--Funds made available under this section shall be used to provide regional collaborations, technology transfer and commercialization, and innovative venture development training under the Agricultural Technology Innovation Partnership program of the Office of Technology Transfer in the Agricultural Research Service.
``(b) Funding.--Of the funds made available to the Agricultural Research Service, the Secretary shall use to carry out this section $500,000 for each of fiscal years 2014 through 2018.''.
______
SA 1109. Mr. WICKER (for himself, Mr. Vitter, and Mr. Risch) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1150, after line 15, add the following:
SEC. 122___. GRASSROOTS RURAL AND SMALL COMMUNITY WATER
SYSTEMS ASSISTANCE.
(a) Findings.--Congress finds that--
(1) the Safe Drinking Water Act Amendments of 1996 (Public Law 104-182) authorized technical assistance for small and rural communities to assist those communities in complying with regulations promulgated pursuant to the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(2) technical assistance and compliance training--
(A) ensures that Federal regulations do not overwhelm the resources of small and rural communities; and
(B) provides small and rural communities lacking technical resources with the necessary skills to improve and protect water resources;
(3) across the United States, more than 90 percent of the community water systems serve a population of less than 10,000 individuals;
(4) small and rural communities have the greatest difficulty providing safe, affordable public drinking water and wastewater services due to limited economies of scale and lack of technical expertise; and
(5) in addition to being the main source of compliance assistance, small and rural water technical assistance has been the main source of emergency response assistance in small and rural communities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) to most effectively assist small and rural communities, the Environmental Protection Agency should prioritize the types of technical assistance that are most beneficial to those communities, based on input from those communities; and
(2) local support is the key to making Federal assistance initiatives work in small and rural communities to the maximum benefit.
(c) Funding Priorities.--Section 1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j-1(e)) is amended--
(1) by designating the first through seventh sentences as paragraphs (1) through (7), respectively;
(2) in paragraph (5) (as so designated), by striking ``1997 through 2003'' and inserting ``2014 through 2019''; and
(3) by adding at the end the following:
``(8) Nonprofit organizations.--
``(A) In general.--The Administrator may use amounts made available to carry out this section to provide technical assistance to nonprofit organizations that provide to small public water systems onsite technical assistance, circuit-rider technical assistance programs, onsite and regional training, assistance with implementing source water protection plans, and assistance with implementation monitoring plans, rules, regulations, and water security enhancements.
``(B) Preference.--To ensure that technical assistance funding is used in a manner that is most beneficial to the small and rural communities of a State, the Administrator shall give preference under this paragraph to nonprofit organizations that, as determined by the Administrator, are the most qualified and experienced and that the small community water systems in that State find to be the most beneficial and effective.''.
______
SA 1110. Mr. McCAIN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
Beginning on page 83, strike line 16 and all that follows through page 84, line 18, and insert the following:
Subtitle C--Sugar Program Repeal
SEC. 1301. REPEAL OF SUGAR PROGRAM.
Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is repealed.
SEC. 1302. 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 2014 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 of Agriculture may not make price support available, whether in the form of a loan, payment, purchase, or other operation, for any of the 2014 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.
(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. 1303. ELIMINATION OF SUGAR TARIFF AND OVER-QUOTA TARIFF
RATE.
(a) Elimination of Tariff on Raw Cane Sugar.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking subheadings 1701.13 through 1701.14.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.13, as in effect on the day before the date of the enactment of this section:
`` 1701.13.00 Cane sugar Free ................... 39.85 cents/kg ....
specified in
subheading note 2
to this chapter...
1701.14.00 Other cane sugar... Free ................... 39.85 cents/kg ''.
(b) Elimination of Tariff on Beet Sugar.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking subheadings 1701.12 through 1701.12.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.12, as in effect on the day before the date of the enactment of this section:
`` 1701.12.00 Beet sugar......... Free ................... 42.05 cents/kg ''
.
(c) Elimination of Tariff on Certain Refined Sugar.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended--
(1) by striking the superior text immediately preceding subheading 1701.91.05 and by striking subheadings 1701.91.05 through 1701.91.30 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.12.05, as in effect on the day before the date of the enactment of this section:
`` 1701.91.02 Containing added Free ................... 42.05 cents/kg ''
coloring but not ;
containing added
flavoring matter..
(2) by striking subheadings 1701.99 through 1701.99.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.99, as in effect on the day before the date of the enactment of this section:
`` 1701.99.00 Other.............. Free ................... 42.05 cents/kg ''
;
(3) by striking the superior text immediately preceding subheading 1702.90.05 and by striking subheadings 1702.90.05 through 1702.90.20 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1702.60.22:
`` 1702.90.02 Containing soluble Free 42.05 cents/kg ''
non-sugar solids ;
(excluding any
foreign
substances,
including but not
limited to
molasses, that may
have been added to
or developed in
the product) equal
to 6 percent or
less by weight of
the total soluble
solids............
and
(4) by striking the superior text immediately preceding subheading 2106.90.42 and by striking subheadings 2106.90.42 through 2106.90.46 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 2106.90.39:
`` 2106.90.40 Syrups derived from Free 42.50 cents/kg ''
cane or beet .
sugar, containing
added coloring but
not added
flavoring matter..
(d) Conforming Amendment.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking additional U.S. note 5.
(e) Administration of Tariff-Rate Quotas.--Section 404(d)(1) of the Uruguay Round Agreements Act (19 U.S.C. 3601(d)(1)) is amended--
(1) by inserting ``or'' at the end of subparagraph (B);
(2) by striking ``; or'' at the end of subparagraph (C) and inserting a period; and
(3) by striking subparagraph (D).
(f) Effective Date.--The amendments made by this section apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
SEC. 1304. APPLICATION.
Except as otherwise provided in this subtitle, this subtitle and the amendments made by this subtitle shall apply beginning with the 2014 crop of sugar beets and sugarcane.
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SA 1111. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
Beginning on page 858, strike line7 and all that follows through page 860, line 9, and insert the following:
``(k) Broadband Buildout Data.--
``(1) In general.--As a condition of receiving a grant, loan, or loan guarantee under this section, a recipient of assistance shall provide to the Secretary address-level broadband buildout data that indicates the location of new broadband service that is being provided or upgraded within the service territory supported by the grant, loan, or loan guarantee not later than 30 days after the earlier of--
``(A) the date of completion of any project milestone established by the Secretary; or
``(B) the date of completion of the project.
``(2) Address-level data.--The Secretary shall make accessible to each State and provide to the Administrator of the National Broadband Map the address-level broadband buildout data described in paragraph (1) for inclusion, to the extent practicable, in the National Broadband Map.'';
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SA 1112. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 123, between lines 13 and 14, insert the following:
Subpart D--Dairy Block Grant Program
SEC. 14__. ESTABLISHMENT OF PILOT DAIRY BLOCK GRANT PROGRAM.
(a) Purpose.--The purpose of this section is to require the Secretary to make grants to States to be used by State departments of agriculture solely to enhance the competitiveness of dairy farms, specifically by providing technical assistance to promote farm productivity, profitability, and environmental stewardship.
(b) Establishment.--The Secretary shall establish and administer a pilot program to achieve the purpose of this section under which the Secretary shall make block grants in amounts to be determined by the Secretary to eligible States, as determined by the Secretary.
(c) Eligibility.--
(1) In general.--To be eligible to receive a grant under this section, a State department of agriculture shall prepare and submit, for approval by the Secretary, an application at such time, in such a manner, and containing such information as the Secretary shall require, including--
(A) a State plan that meets the requirements described in paragraph (2);
(B) an assurance that the State will comply with the requirements of the plan; and
(C) an assurance that grant funds received under this section shall supplement, and not supplant, the expenditure of State funds in support of dairy farms in the State.
(2) Plan requirements.--A State plan shall--
(A) identify the lead agency charged with the responsibility of carrying out the plan; and
(B) indicate the manner in which grant funds will be use to enhance the competitiveness of dairy farms.
(d) Administration.--Grants made to an eligible State under subsection (b) shall be administered by the department of agriculture of the State.
(e) State Program Authority.--In carrying out the block grant program in a State, an eligible State may determine participant eligibility.
(f) Report.--At the conclusion of the block grant program, the Secretary shall submit to Congress a report describing the results of the program.
(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000, to remain available until expended.
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SA 1113. Ms. LANDRIEU (for herself, Mr. Menendez, and Mrs. Gillibrand) submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle D--National Flood Insurance Program
SEC. 12301. DELAY IN IMPLEMENTATION OF SECTION 100207 OF THE
BIGGERT-WATERS FLOOD INSURANCE REFORM ACT OF
2012.
Notwithstanding any other provision of law, section 1308(h) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(h)), as added by section 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 919), shall have no force or effect until the date that is 3 years after the date of enactment of this Act.
SEC. 12302. AFFORDABILITY STUDY.
Section 100236 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 957) is amended--
(1) in subsection (c), by striking ``Not'' and inserting the following: ``Subject to subsection (e), not'';
(2) in subsection (d)--
(A) by striking ``Notwithstanding'' and inserting the following:
``(1) National flood insurance fund.--Notwithstanding''; and
(B) by adding at the end the following:
``(2) Other funding sources.--To carry out this section, in addition to the amount made available under paragraph (1), the Administrator may use any other amounts that are available to the Administrator.''; and
(3) by adding at the end the following:
``(e) Alternative.--If the Administrator determines that the report required under subsection (c) cannot be submitted by the date specified under subsection (c)--
``(1) the Administrator shall notify, not later than 60 days after the date of enactment of this subsection, the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of an alternative method of gathering the information required under this section;
``(2) the Administrator shall submit, not later than 180 days after the Administrator submits the notification required under paragraph (1), to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives the information gathered using the alternative method described in paragraph (1); and
``(3) upon the submission of information required under paragraph (2), the requirement under subsection (c) shall be deemed satisfied.''.
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SA 1114. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1096, between lines 15 and 16, insert the following:
SEC. 110_. MARKET LOSS PILOT ENDORSEMENT PROGRAM.
Section 523 of the Federal Crop Insurance Act (7 U.S.C. 1523) is amended by adding at the end the following:
``(i) Market Loss Pilot Endorsement Program.--
``(1) In general.--To the extent practicable starting with the 2014 reinsurance year, notwithstanding subsection (a)(1) and the limitation on premium increases in section 508(i)(1), the Corporation shall establish and carry out a market loss pilot endorsement program for producers of specialty crops
(as defined in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108-465)).
``(2) Losses covered.--The endorsement authorized under this subsection shall cover losses of a defined commodity due to a quarantine imposed under Federal law, pursuant to the terms of which the commodity is destroyed, may not be marketed, or otherwise may not be used for its intended purpose (as determined by the Secretary).
``(3) Buy-up requirement.--An endorsement authorized under this subsection shall be purchased as part of a policy or plan of insurance at the additional coverage level.
``(4) Determination by board.--The Board shall approve a policy or plan of insurance proposed under paragraph (1) if, as determined by the Board, the policy or plan of insurance--
``(A) protects the interest of producers;
``(B) is actuarially sound; and
``(C) requires the payment of premiums and administrative fees by a producer obtaining the insurance.''.
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SA 1115. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 877, after line 18, insert the following:
SEC. 6208. GAO REPORT ON UNIVERSAL SERVICE REFORMS.
(a) Purpose.--The purpose of the report required under subsection (b) is to aid Congress in monitoring and measuring the effects of a series of reforms by the Federal Communications Commission (in this section referred to as the
``FCC'') intended to promote the availability and affordability of broadband service throughout the United States.
(b) Report.--The Comptroller General of the United States shall prepare a report providing detailed measurements, statistics, and metrics with respect to--
(1) the progress of implementation of the reforms adopted in the FCC's Report and Order and Further Notice of Proposed Rulemaking adopted on October 27, 2011 (FCC 11-161) (in this section referred to as the ``Order'');
(2) the effects, if any, of such reforms on retail end user rates during the applicable calendar year for--
(A) local voice telephony services (including any subscriber line charges and access recovery charges assessed by carriers upon purchasers of such services);
(B) interconnected VoIP services;
(C) long distance voice services;
(D) mobile wireless voice services;
(E) bundles of voice telephony or VoIP services (such as local and long distance voice packages);
(F) fixed broadband Internet access services; and
(G) mobile broadband Internet access services;
(3) any disparities or trends detectable during the applicable calendar year with respect to the relative average
(such as per-consumer) retail rates charged for each of the services listed in paragraph (2) to consumers (including both residential and business users) located in rural areas and urban areas;
(4) any disparities or trends detectable during the applicable calendar year with respect to the relative average
(such as per-consumer) retail rates charged for each of the services listed in paragraph (2) as between incumbent local exchange carriers subject to rate-of-return regulation;
(5) the effects, if any, of those reforms adopted in the Order on average fixed and mobile broadband Internet access speeds, respectively, available to residential and business consumers, respectively, during the applicable calendar year;
(6) any disparities or trends detectable during the applicable calendar year with respect to the relative average fixed and mobile broadband Internet access speeds, respectively, available to residential and business consumers, respectively, in rural areas and urban areas;
(7) the effects, if any, of those reforms adopted in the Order on the magnitude and pace of investments in broadband-capable networks in rural areas, including such investments financed by the Department of Agriculture's Rural Utilities Service under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.);
(8) any disparities or trends detectable during the applicable calendar year with respect to the relative magnitude and pace of investments in broadband-capable networks in rural areas and urban areas;
(9) any disparities or trends detectable during the applicable calendar year with respect to the magnitude and pace of investments in broadband-capable networks in areas served by carriers subject to rate-of-return regulation;
(10) the effects, if any, of those reforms adopted in the Order on adoption of broadband Internet access services by end users;
(11) the effects, if any, of such reforms on State universal service funds or other State universal service initiatives, including carrier-of-last-resort requirements that may be enforced by any State; and
(12) the effects, if any, of such reforms in minimizing consumer payment burdens, curbing the growth of the universal service fund, and improving the economic efficiency of the universal service program.
(c) Timing.--On or before December 31, 2013, and annually thereafter for the following 5 calendar years, the Comptroller General shall submit the report required under subsection (b) to the following:
(1) The Committee on Commerce, Science, and Transportation of the Senate.
(2) The Committee on Agriculture, Nutrition, and Forestry of the Senate.
(3) The Committee on Energy and Commerce of the House of Representatives.
(4) The Committee on Agriculture of the House of Representatives.
(d) Data Inclusion.--The report required under subsection
(b) shall include all data that the Comptroller General deems relevant to and supportive of any conclusions drawn with respect to the effects of the FCC's reforms and any disparities or trends detected in the items subject to the report.
(e) Rule of Construction.--Nothing in this section shall be construed to grant the Comptroller General of the United States with any new or additional authority, or to aggrandize, add, or expand any authority currently vested in the Comptroller General.
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