SA 3806. Mr. COBURN 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:

On page 266, between lines 10 and 11, insert the following:
SEC. 19__. ELIGIBILITY FOR DEPARTMENT PROGRAMS.
(a) In General.--Section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)) is amended by striking subparagraph (A) and inserting the following:
``(A) IN GENERAL.--
``(i) REQUIREMENT TO PURCHASE CROP INSURANCE.--Effective for the spring-planted 2008 and subsequent crops (and fall-planted 2008 crops at the option of the Secretary) of each agricultural commodity or commercial crop (other than dairy or livestock), to be eligible for any benefit described in clause (ii), a person shall--
``(I) in the case of an agricultural commodity for which insurance is available under this title, obtain at least the catastrophic level of insurance for each crop of economic significance in which the person has an interest; or
``(II) in the case of an eligible crop for which payments are available under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333), provides a level of coverage that is comparable to the coverage described in subclause (I), as determined by the Secretary.
``(ii) COVERED BENEFITS.--Benefits referred to in clause (i) are--
``(I) any type of price support, payment, loan, or other benefit, as determined by the Secretary, under--
``(aa) title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.);
``(bb) title I of the Food and Energy Security Act of 2007;
``(cc) the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.);
``(dd) any law providing agricultural disaster assistance; or
``(ee) any other similar Act administered by the Secretary, as determined by the Secretary; or
``(II) any benefit described in section 371(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008f(b)).
``(iii) WAIVER.--To be eligible for any benefit described in clause (ii), a person that elects not to obtain coverage described in subclause (I) or (II) of clause (i) for an agricultural commodity or commercial crop shall submit to the Secretary a written waiver to waive any eligibility for emergency crop loss assistance for that agricultural commodity or commercial crop.''.
(b) Offset.--
(1) IN GENERAL.--The cost of the amendment made by subsection (a) shall be offset by the savings accrued as a result of the amendment made by paragraph (3).
(2) REMAINING COSTS.--Any costs remaining after the amendment made by paragraph (3) shall be offset from amounts made available for each of fiscal years 2008 through 2012 to carry out Forest Service land acquisition.
(3) ADJUSTED GROSS INCOME LIMITATION.--Notwithstanding the amendment made by section 1704(c), section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a) (as amended by section 1704(c)) is amended by striking paragraphs (1) and (2) of subsection (b) and inserting the following:
``(1) COMMODITY AND CONSERVATION PROGRAMS.--
``(A) 2009.--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 or fiscal year (as appropriate) 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 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 or fiscal years (as appropriate) 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 Dec 6, 2007.)