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Full Text of this Amendment

SA 3739. Mrs. LINCOLN submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 210, strike line 20 and all that follows through page 213, line 5, and insert the following:
``(1) CROP YEARS.--
``(A) 2009 CROP YEAR.--Notwithstanding any other provision of law, an individual or entity shall not be eligible to receive any benefit described in paragraph (2) during the 2009 crop year if the average adjusted gross income of the individual or entity exceeds $1,000,000, unless not less than 66.66 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.
``(B) 2010 AND SUBSEQUENT CROP YEARS.--Notwithstanding any other provision of law, an individual or entity shall not be eligible to receive any benefit described in paragraph (2) during any of the 2010 and subsequent crop years if the average adjusted gross income of the individual or entity exceeds $750,000, unless not less than 66.66 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.--Paragraph (1) applies with respect to the following:
``(A) Title XII of this Act.
``(B) 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.
``(C) 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.
``(D) An average crop revenue payment under subtitle B of title I of Food and Energy Security Act of 2007.
``(E) Title II of the Food and Energy Security Act of 2007.
``(F) Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171; 116 Stat. 223).


(As printed in the Congressional Record for the Senate on Nov 15, 2007.)