SA 3665. Mr. ENSIGN submitted an amendment intended to be proposed by him to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 210, strike line 20 and all that follows through page 212, line 21, and insert the following:
``(1) PROGRAMS.--
``(A) COMMODITY PROGRAMS.--Notwithstanding any other provision of law, an individual or entity shall not be eligible to receive any benefit described in paragraph (2)(A) during a crop year if the average adjusted gross income of the individual or entity exceeds $200,000.
``(B) CONSERVATION PROGRAMS.--Notwithstanding any other provision of law, an individual or entity shall not be eligible to receive any benefit described in paragraph (2)(B) during a fiscal year if the average adjusted gross income of the individual or entity exceeds $2,500,000, unless not less than 75 percent of the average adjusted gross income of the individual or entity is derived from farming, ranching, or forestry operations, as determined by the Secretary.
``(2) COVERED BENEFITS.--
``(A) IN GENERAL.--Paragraph (1)(A) applies with respect to the following:
``(i) A direct payment or counter-cyclical payment under part I or III of subtitle A of title I of the Food and Energy Security Act of 2007.
``(ii) A marketing loan gain or loan deficiency payment under part II or III of subtitle A of title I of the Food and Energy Security Act of 2007.
``(iii) An average crop revenue payment under subtitle B of title I of Food and Energy Security Act of 2007.
``(B) CONSERVATION PROGRAMS.--Paragraph (1)(B) applies with respect to a payment under any program under--


(As printed in the Congressional Record for the Senate on Nov 14, 2007.)