SA 3788. Mrs. LINCOLN submitted an amendment intended to be proposed to amendment SA 3764 submitted by Ms. KLOBUCHAR (for herself, Mr. DURBIN, and Mr. BROWN) and intended to be proposed to the 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 1 of the amendment, strike line 9 and all that follows through page 4, line 5, and insert the following:
``(1) COMMODITY AND CONSERVATION PROGRAMS.--Notwithstanding any other provision of law, an individual or entity shall not be eligible to receive any benefit described in paragraph (2) during a crop year if the average adjusted gross income of the individual or entity, or the average adjusted gross income of the individual and spouse of the individual, exceeds--
``(A) $250,000, if less than 66.66 percent of the average adjusted gross income of the individual or entity, or the average adjusted gross income of the individual and spouse of the individual, is derived from farming, ranching, or forestry operations, as determined by the Secretary; or
``(B) $750,000.
``(2) COVERED BENEFITS.--Paragraph (1) applies with respect to the following:
``(A) 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.
``(B) 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.
``(C) An average crop revenue payment under subtitle B of title I of the Food and Energy Security Act of 2007.
``(D) Title XII of this Act.
``(E) Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171; 116 Stat. 223).
``(F) Title II of the Food and Energy Security Act of 2007.


(As printed in the Congressional Record for the Senate on Nov 16, 2007.)