110 HR 2419 PCS: Pollinator Protection Act of U.S. House of Representatives 2007-09-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II Calendar No. 339 110th CONGRESS 1st Session H. R. 2419 IN THE SENATE OF THE UNITED STATES September 4, 2007 Received and read the first time September 5, 2007 Read the second time and placed on the calendar AN ACT To provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes.

1.

Short title and table of contents

(a)

Short title

This Act may be cited as the Farm, Nutrition, and Bioenergy Act of 2007. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Title I—Commodity Programs Sec. 1001. Definitions. Subtitle A—Direct Payments and Counter-Cyclical Payments Sec. 1101. Adjustments to base acres. Sec. 1102. Availability of direct payments. Sec. 1103. Availability of counter-cyclical payments. Sec. 1104. Availability of revenue-based counter-cyclical payments. Sec. 1105. Producer agreement required as condition of provision of direct payments and counter-cyclical payments. Sec. 1106. Planting flexibility. Sec. 1107. Period of effectiveness. Subtitle B—Marketing Assistance Loans and Loan Deficiency Payments Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities. Sec. 1202. Loan rates for nonrecourse marketing assistance loans. Sec. 1203. Term of loans. Sec. 1204. Repayment of loans. Sec. 1205. Loan deficiency payments. Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage. Sec. 1207. Special marketing loan provisions for upland cotton. Sec. 1208. Special competitive provisions for extra long staple cotton. Sec. 1209. Availability of recourse loans for high moisture feed grains and seed cotton. Sec. 1210. Deadline for repayment of marketing assistance loan for peanuts. Sec. 1211. Commodity quality incentive payments for healthy oilseeds. Subtitle C—Sugar Sec. 1301. Sugar program. Sec. 1302. United States membership in the international sugar organization. Sec. 1303. Flexible marketing allotments for sugar. Subtitle D—Dairy-Related Provisions Sec. 1401. Dairy product price support program. Sec. 1402. Dairy forward pricing program. Sec. 1403. Dairy export incentive program. Sec. 1404. Revision of Federal marketing order amendment procedures. Sec. 1405. Dairy indemnity program. Sec. 1406. Extension of milk income loss contract program. Sec. 1407. Dairy promotion and research program. Sec. 1408. Report on Department of Agriculture reporting procedures for nonfat dry milk. Sec. 1409. Federal Milk Marketing Order Review Commission. Subtitle E—Administration Sec. 1501. Administration generally. Sec. 1502. Suspension of permanent price support authority. Sec. 1503. Payment Limitations. Sec. 1504. Adjusted gross income limitation. Sec. 1505. Adjustments of loans. Sec. 1506. Personal liability of producers for deficiencies. Sec. 1507. Extension of existing administrative authority regarding loans. Sec. 1508. Assignment of payments. Sec. 1509. Tracking of benefits. Sec. 1510. Upland cotton storage payments. Sec. 1511. Government publication of cotton price forecasts. Sec. 1512. Prevention of deceased persons receiving payments under farm commodity programs. Title II—Conservation Subtitle A—Conservation Programs of the Food Security Act of 1985 Sec. 2101. Conservation reserve program. Sec. 2102. Wetlands reserve program. Sec. 2103. Conservation security program. Sec. 2104. Grassland reserve program. Sec. 2105. Environmental quality incentives program. Sec. 2106. Regional water enhancement program. Sec. 2107. Grassroots source water protection program. Sec. 2108. Conservation of private grazing land. Sec. 2109. Great Lakes basin program for soil erosion and sediment control. Sec. 2110. Farm and ranchland protection program. Sec. 2111. Farm viability program. Sec. 2112. Wildlife habitat incentive program. Subtitle B—Conservation Programs Under Other Laws Sec. 2201. Agricultural management assistance program. Sec. 2202. Resource Conservation and Development Program. Sec. 2203. Small watershed rehabilitation program. Subtitle C—Additional Conservation Programs Sec. 2301. Chesapeake Bay program for nutrient reduction and sediment control. Sec. 2302. Voluntary public access and habitat incentive program. Sec. 2303. Muck soils conservation. Subtitle D—Administration and Funding Sec. 2401. Funding of conservation programs under Food Security Act of 1985. Sec. 2402. Improved provision of technical assistance under conservation programs. Sec. 2403. Cooperative conservation partnership initiative. Sec. 2404. Regional equity and flexibility. Sec. 2405. Administrative requirements for conservation programs. Sec. 2406. Annual report on participation by specialty crop producers in conservation programs. Sec. 2407. Promotion of market-based approaches to conservation. Sec. 2408. Establishment of State technical committees and their responsibilities. Sec. 2409. Payment limitations. Subtitle E—Miscellaneous Provisions Sec. 2501. Inclusion of income from affiliated packing and handling operations as income derived from farming for application of adjusted gross income limitation on eligibility for conservation programs. Sec. 2502. Encouragement of voluntary sustainability practices guidelines. Sec. 2503. Farmland resource information. Sec. 2504. Pilot program for four-year crop rotation for peanuts. Title III—Trade Sec. 3001. Agricultural Trade Development and Assistance Act of 1954. Sec. 3002. Export credit guarantee program. Sec. 3003. Market access program. Sec. 3004. Food for Progress Act of 1985. Sec. 3005. Reauthorization of McGovern-Dole International Food for Education and Child Nutrition Program. Sec. 3006. Bill Emerson Humanitarian Trust. Sec. 3007. Technical assistance for specialty crops. Sec. 3008. Technical assistance for the resolution of trade disputes. Sec. 3009. Representation by the United States at international standard-setting bodies. Sec. 3010. Foreign market development cooperator program. Sec. 3011. Emerging markets. Sec. 3012. Export Enhancement Program. Sec. 3013. Minimum level of nonemergency food assistance. Sec. 3014. Germplasm conservation. Sec. 3015. Report on efforts to improve procurement planning. Sec. 3016. International disaster assistance under the Foreign Assistance Act of 1961. Title IV—NUTRITION PROGRAMS Subtitle A—Food Stamp Program Sec. 4001. Renaming the food stamp program. Sec. 4002. Definition of drug addiction or alcoholic treatment and rehabilitation program. Sec. 4003. Nutrition education. Sec. 4004. Food distribution on Indian reservations. Sec. 4005. Excluding combat related pay from countable income. Sec. 4006. Increasing the standard deduction. Sec. 4007. Excluding dependent care expenses. Sec. 4008. Adjusting countable resources for inflation. Sec. 4009. Excluding education accounts from countable income. Sec. 4010. Excluding retirement accounts from countable income. Sec. 4011. Deobligate food stamp coupons. Sec. 4012. Allow for the accrual of benefits. Sec. 4013. Increasing the minimum benefit. Sec. 4014. State option for telephonic signature. Sec. 4015. Review of major changes in program design. Sec. 4016. Grants for simple application and eligibility determination systems and improved access to benefits. Sec. 4017. Civil money penalties and disqualification of retail food stores and wholesale food concerns. Sec. 4018. Major systems failures. Sec. 4019. Funding of employment and training programs. Sec. 4020. Reductions in payments for administrative costs. Sec. 4021. Cash payment pilot projects. Sec. 4022. Findings of Congress regarding Secure Supplemental Nutrition Assistance program nutrition education. Sec. 4023. Nutrition education and promotion initiative to address obesity. Sec. 4024. Authorization of appropriations. Sec. 4025. Consolidated block grants for Puerto Rico and American Samoa. Sec. 4026. Study on comparable access to Secure Supplemental Nutrition Assistance Program benefits for Puerto Rico. Sec. 4027. Reauthorization of community food project competitive grants. Sec. 4028. Emergency food assistance program. Subtitle B—Commodity Distribution Sec. 4201. Authorization of appropriations. Sec. 4202. Distribution of surplus commodities; special nutrition projects. Sec. 4203. Commodity distribution program. Subtitle C—Child Nutrition and Related Programs Sec. 4301. Purchase of fresh fruits and vegetables for distribution to schools and service institutions. Sec. 4302. Buy American requirements. Sec. 4303. Expansion of fresh fruit and vegetable program. Sec. 4304. Purchases of locally produced foods. Subtitle D—Miscellaneous Sec. 4401. Seniors farmers’ market nutrition program. Sec. 4402. Congressional Hunger Center. Sec. 4403. Joint nutrition monitoring and related research activities. Sec. 4404 Sense of the Congress. Title V—CREDIT Subtitle A—Farm ownership loans Sec. 5001. Conservation loan guarantee program. Sec. 5002. Limitations on amount of ownership loans. Sec. 5003. Down payment loan program. Sec. 5004. Beginning farmer and rancher contract land sales program. Sec. 5005. Loans to purchasers of highly fractioned lands. Subtitle B—Operating loans Sec. 5011. Limitations on amount of operating loans. Sec. 5012. Suspension of limitation on period for which borrowers are eligible for guaranteed assistance. Subtitle C—Administrative provisions Sec. 5021. Inventory sales preferences. Sec. 5022. Loan fund set-asides. Sec. 5023. Transition to private commercial or other sources of credit. Sec. 5024. Extension of the right of first refusal to reacquire homestead property to immediate family members of borrower-owner. Sec. 5025. Rural development and farm loan program activities. Subtitle D—Farm credit Sec. 5031. Bank for cooperatives voting stock. Sec. 5032. Rural utility loans. Sec. 5033. Farm Credit System Insurance Corporation. Sec. 5034. Risk-based capital levels. Title VI—Rural Development Sec. 6001. Definition of rural. Sec. 6002. Water, waste disposal, and wastewater facility grants. Sec. 6003. Rural business opportunity grants. Sec. 6004. Rural water and wastewater circuit rider program. Sec. 6005. Tribal college and university essential community facilities. Sec. 6006.  Emergency and imminent community water assistance grant program. Sec. 6007. Water systems for rural and native villages in Alaska. Sec. 6008. Grants to nonprofit organizations to finance the construction, refurbishing, and servicing of individually-owned household water well systems in rural areas for individuals with low or moderate incomes. Sec. 6009. Rural cooperative development grants. Sec. 6010. Criteria to be applied in providing loans and loan guarantees under the business and industry loan program. Sec. 6011. Appropriate technology transfer for rural areas program. Sec. 6012. Grants to improve technical infrastructure and improve quality of rural health care facilities. Sec. 6013. Rural entrepreneur and microenterprise assistance program. Sec. 6014. Criteria to be applied in considering applications for rural development projects. Sec. 6015. National sheep industry improvement center. Sec. 6016. National rural development partnership. Sec. 6017. Historic barn preservation. Sec. 6018. Grants for NOAA weather radio transmitters. Sec. 6019. Delta regional authority. Sec. 6020. Northern great plains regional authority. Sec. 6021. Rural strategic investment program. Sec. 6022. Expansion of 911 access. Sec. 6023. Access to broadband telecommunications services in rural areas. Sec. 6024. Community connect grant program. Sec. 6025. Agriculture innovation center demonstration program. Sec. 6026. Rural firefighters and emergency medical service assistance program. Sec. 6027. Value-added agricultural market development program. Sec. 6028. Assistance for rural public television stations. Sec. 6029. Telemedicine and distance learning services in rural areas. Sec. 6030. Guarantees for bonds and notes issued for electrification or telephone purposes. Sec. 6031. Comprehensive rural broadband strategy. Sec. 6032. Study of railroad issues. Title VII—Research Subtitle A—General Provisions Sec. 7101. Definitions. Sec. 7102. Budget submission and funding. Sec. 7103. Additional purposes of agricultural research and extension. Sec. 7104. National agricultural research program office. Sec. 7105. Establishment of competitive grant programs under the National Institute for Food and Agriculture. Sec. 7106. Merging of IFAFS and NRI. Sec. 7107. Capacity building grants for ASCARR institutions. Sec. 7108. Establishment of research laboratories for animal diseases. Sec. 7109. Grazinglands research laboratory. Sec. 7110. Researcher training. Sec. 7111. Fort Reno Science Park research facility. Sec. 7112. Assessing the nutritional composition of beef products. Sec. 7113. Sense of Congress regarding funding for human nutrition research. Subtitle B—National Agricultural Research, Extension, and Teaching Policy Act of 1977 Sec. 7201. Advisory board. Sec. 7202. Advisory board termination. Sec. 7203. Renewable energy committee. Sec. 7204. Specialty crop committee report. Sec. 7205. Inclusion of UDC in grants and fellowships for food and agricultural sciences education. Sec. 7206. Grants and fellowships for food and agricultural sciences education. Sec. 7207. Grants for research on production and marketing of alcohols and industrial hydrocarbons from agricultural commodities and forest products. Sec. 7208. Policy research centers. Sec. 7209. Human nutrition intervention and health promotion research program. Sec. 7210. Pilot research program to combine medical and agricultural research. Sec. 7211. Nutrition education program. Sec. 7212. Continuing animal health and disease research programs. Sec. 7213. Cooperation among eligible institutions. Sec. 7214. Appropriations for research on national or regional problems. Sec. 7215. Authorization level of extension at 1890 land-grant colleges. Sec. 7216. Authorization level for agricultural research at 1890 land-grant colleges. Sec. 7217. Grants to upgrade agriculture and food sciences facilities at the District of Columbia Land Grant University. Sec. 7218. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University. Sec. 7219. National research and training virtual centers. Sec. 7220. Matching funds requirement for research and extension activities of 1890 institutions. Sec. 7221. Hispanic-serving institutions. Sec. 7222. Hispanic-serving agricultural colleges and universities. Sec. 7223. International agricultural research, extension, and education. Sec. 7224. Competitive grants for international agricultural science and education programs. Sec. 7225. Limitation on indirect costs for agricultural research, education, and extension programs. Sec. 7226. Research equipment grants. Sec. 7227. University research. Sec. 7228. Extension service. Sec. 7229. Supplemental and alternative crops. Sec. 7230. Aquaculture Assistance Programs. Sec. 7231. Rangeland research. Sec. 7232. Special authorization for biosecurity planning and response. Sec. 7233. Resident instruction and distance education grants program for insular area institutions of higher education. Sec. 7234. Hispanic Serving Institutions. Sec. 7235. Specialty crops policy research institute. Sec. 7236. Emphasis of Human Nutrition Initiative. Sec. 7237. Grants to upgrade agriculture and food sciences facilities at insular area land-grant institutions. Subtitle C—Food, Agriculture, Conservation, and Trade Act of 1990 Sec. 7301. National genetics resources program. Sec. 7302. National agricultural weather information system. Sec. 7303. Partnerships. Sec. 7304. Aflatoxin research and extension. Sec. 7305. High-priority research and extension areas. Sec. 7306. High-priority research and extension initiatives. Sec. 7307. Nutrient management research and extension initiative. Sec. 7308. Agricultural telecommunications program. Sec. 7309. Assistive technology program for farmers with disabilities. Sec. 7310. Organic research. Sec. 7311. National rural information center clearinghouse. Sec. 7312. New era rural technology program. Subtitle D—Agricultural Research, Extension, and Education Reform Act of 1998 Sec. 7401. Partnerships for high-value agricultural product quality research. Sec. 7402. Precision agriculture. Sec. 7403. Biobased products. Sec. 7404. Thomas Jefferson initiative for crop diversification. Sec. 7405. Integrated research, education, and extension competitive grants program. Sec. 7406. Fusarium graminearum grants. Sec. 7407. Bovine Johne’s disease control program. Sec. 7408. Grants for youth organizations. Sec. 7409. Agricultural biotechnology research and development for developing countries. Sec. 7410. Agricultural bioenergy and biobased products research initiative. Sec. 7411. Specialty crop research initiative. Sec. 7412. Office of pest management policy. Subtitle E—Other Laws Sec. 7501. Critical agricultural materials act. Sec. 7502. Equity in Educational Land-Grant Status Act of 1994. Sec. 7503. Agricultural experiment station Research Facilities Act. Sec. 7504. National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1985. Sec. 7505. Competitive, Special, and Facilities Research Grant Act (national research initiative). Sec. 7506. Agricultural Risk Protection Act of 2000 (carbon cycle research). Sec. 7507. Renewable Resources Extension Act of 1978. Sec. 7508. National Aquaculture Act of 1980. Sec. 7509. Construction of a Chinese Garden at the National Arboretum. Sec. 7510. Public education regarding use of biotechnology in producing food for human consumption. Sec. 7511. Fresh cut produce safety grants. Sec. 7512. UDC/EFNEP Eligibility. Sec. 7513. Hatch Act of 1987. Subtitle F—Additional Provisions Sec. 7601. Merit review of extension and educational grants. Sec. 7602. Review of plan of work requirements. Sec. 7603. Multistate and integration funding. Sec. 7604. Expanded food and nutrition education program. Sec. 7605. Grants to 1890 schools to expand extension capacity. Sec. 7606. Borlaug international agricultural science and technology fellowship program. Sec. 7607. Cost Recovery. Sec. 7608. Organic Food and Agricultural Systems Funding. Title VIII—Forestry Subtitle A—Cooperative Forestry Assistance Act of 1978 Sec. 8001. National priorities for private forest conservation. Sec. 8002. Long-term, State-wide assessments and strategies for forest resources. Sec. 8003. Assistance to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. Sec. 8004. Changes to Forest Resource Coordinating Committee. Sec. 8005. Changes to State Forest Stewardship Coordinating Committees. Sec. 8006. Competition in programs under Cooperative Forestry Assistance Act of 1978. Sec. 8007. Cooperative forest innovation partnership projects. Subtitle B—Amendments to Other Laws Sec. 8101. Healthy forest reserve program. Sec. 8102. Emergency forest restoration program. Sec. 8103. Office of International Forestry. Sec. 8104. Rural revitalization technologies. Subtitle C—Miscellaneous Provisions Sec. 8201. Hispanic-serving institution agricultural land national resources leadership program. Title IX—Energy Sec. 9001. Table of contents. Sec. 9002. Federal procurement of biobased products. Sec. 9003. Loan guarantees for biorefineries and biofuel production plants. Sec. 9004. Energy audit and renewable energy development program. Sec. 9005. Renewable energy systems and energy efficiency improvements. Sec. 9006. Biomass Research and Development Act of 2000. Sec. 9007. Adjustments to the bioenergy program. Sec. 9008. Research, extension, and educational programs on biobased energy technologies and products. Sec. 9009. Energy Council of the Department of Agriculture. Sec. 9010. Farm energy production pilot program. Sec. 9011. Rural energy self-sufficiency initiative. Sec. 9012. Agricultural biofuels from biomass internship pilot program. Sec. 9013. Feedstock flexibility program for bioenergy producers. Sec. 9014. Biomass inventory report. Sec. 9015. Future farmsteads program. Sec. 9016. Sense of Congress on renewable energy. Sec. 9017. Biodiesel fuel education program. Sec. 9018. Biomass energy reserve. Sec. 9019. Forest biomass for energy. Sec. 9019. Community wood energy program. Sec. 9020. Supplementing corn as an ethanol feedstock. Title X—Horticulture and Organic Agriculture Subtitle A—Honey and Bees Sec. 10001. Annual report on response to honey bee colony collapse disorder. Subtitle B—Horticulture Provisions Sec. 10101. Tree assistance program. Sec. 10102. Specialty crop block grants. Sec. 10103. Additional section 32 funds for purchase of fruits, vegetables, and nuts to support domestic nutrition assistance programs. Sec. 10103A. Additional section 32 funds to provide grants for the purchase and operation of urban gardens growing organic fruits and vegetables for the local population. Sec. 10104. Independent evaluation of Department of Agriculture commodity purchase process. Sec. 10105. Quality requirements for clementines. Sec. 10106. Implementation of food safety programs under marketing orders. Sec. 10107. Inclusion of specialty crops in census of agriculture. Sec. 10108. Maturity requirements for Hass avocados. Sec. 10109. Mushroom promotion, research, and consumer information. Sec. 10110. Fresh produce education initiative. Subtitle C—Pest and Disease Management Sec. 10201. Pest and disease program. Sec. 10202. Multi-species fruit fly research and sterile fly production. Subtitle D—Organic Agriculture Sec. 10301. National organic certification cost-share program. Sec. 10302. Organic production and market data. Sec. 10303. Organic conversion, technical, and educational assistance. Subtitle E—Miscellaneous Provisions Sec. 10401. Grant program to improve movement of specialty crops. Sec. 10402. Authorization of appropriations for market news activities regarding specialty crops. Sec. 10403. Farmer marketing assistance program. Sec. 10404. National Clean Plant Network. Sec. 10405. Healthy food urban enterprise development program. Title XI—Miscellaneous Provisions Subtitle A—Federal Crop Insurance Sec. 11001. Premiums and reinsurance requirements. Sec. 11002. Catastrophic risk protection administrative fee. Sec. 11003. Funding for reimbursements, contracting, risk management education, and information technology. Sec. 11004. Reimbursement of research and development costs related to new crop insurance products. Sec. 11005. Research and development contracts for organic production coverage improvements. Sec. 11006. Targeting risk management education for beginning farmers and ranchers and certain other farmers and ranchers. Sec. 11007. Crop insurance ineligibility related to crop production on noncropland. Sec. 11008. Funds for data mining. Sec. 11009. Noninsured crop assistance program. Sec. 11010. Change in due date for Corporation payments for underwriting gains. Sec. 11011. Sesame insurance pilot program. Sec. 11012. National Drought Council and drought preparedness plans. Sec. 11013. Payment of portion of premium for area revenue plans. Sec. 11014. Share of risk. Sec. 11015. Livestock Assistance. Sec. 11016. Determination of certain sweet potato production. Subtitle B—Livestock and Poultry Sec. 11101. Sense of Congress regarding pseudorabies eradication program. Sec. 11102. Arbitration of livestock and poultry contracts. Sec. 11103. State-inspected meat and poultry. Sec. 11104. Country of origin labeling. Sec. 11105. Sense of Congress regarding the voluntary control program for low pathogenic avian influenza. Sec. 11106. Sense of Congress regarding the cattle fever tick eradication program. Subtitle C—Socially Disadvantaged Producers and Limited Resource Producers Sec. 11201. Outreach and technical assistance for socially disadvantaged farmers and ranchers and limited resource farmers and ranchers. Sec. 11202. Improved program delivery by Department of Agriculture on Indian reservations. Sec. 11203. Transparency and accountability for socially disadvantaged farmers and ranchers. Sec. 11204. Beginning farmer and rancher development program. Sec. 11205. Provision of receipt for service or denial of service. Sec. 11206. Tracking of socially disadvantaged farmers and ranchers and limited resource farmers and ranchers in Census of Agriculture and certain studies. Sec. 11207. Farmworker coordinator. Sec. 11208. Office of Outreach relocation. Sec. 11209. Minority farmer advisory committee. Sec. 11210. Coordinator for chronically underserved rural areas. Subtitle D—Other Miscellaneous Provisions Sec. 11301. Designation of separate cotton-producing States under Cotton Research and Promotion Act. Sec. 11302. Cotton classification services. Sec. 11303. Availability of excess and surplus computers in rural areas. Sec. 11304. Permanent debarment from participation in Department of Agriculture programs for fraud. Sec. 11305. No discrimination against use of registered pesticide products or classes of pesticide products. Sec. 11306. Prohibition on closure or relocation of county offices for the Farm Service Agency, Rural Development Agency, and Natural Resources Conservation Service. Sec. 11307. Regulation of exports of plants, plant products, biological control organisms, and noxious weeds. Sec. 11308. Grants to reduce production of methamphetamines from anhydrous ammonia. Sec. 11309. USDA Graduate School. Sec. 11310. Prevention and investigation of payment and fraud and error. Sec. 11311. Sense of Congress regarding food deserts, geographically isolated neighborhoods and communities with limited or no access to major chain grocery stores. Sec. 11312. Pigford claims. Sec. 11313. Comptroller general study of wastewater infrastructure near United States-Mexico border. Sec. 11314. Elimination of statute of limitations applicable to collection of debt by administrative offset. Sec. 11315. Pollinator protection. Sec. 11316. Prohibition on use of live animals for marketing medical devices; fines under the Animal Welfare Act. Sec. 11317. Protection of pets. Title XII—Prevention of tax treaty exploitation to evade United States taxation Sec. 12001. Limitation on treaty benefits for certain deductible payments. Title XIII—Additional offsets Subtitle A—Conservation of Resources Fees and Repeal of Royalty Relief Sec. 13001. Conservation of resources fees. Sec. 13002. Repeal of certain taxpayer subsidized royalty relief for the oil and gas industry. Sec. 13003. Time for payment of corporate estimated taxes. Subtitle B—Allocation of offsets Sec. 13011. Report on funds; rate of federal crop insurance.

. (2)

Restaurants and retail stores

Title IV of the Federal Meat Inspection Act is amended— (A)by redesignating section 411 (21 U.S.C. 681) as section 414; and (B)by inserting after section 410 (21 U.S.C. 680) the following:

411.

Restaurants and retail stores

(a)

Limitation on applicability of inspection requirements

The provisions of this Act requiring inspection of the slaughter of animals and the preparation of carcasses, parts of carcasses, meat, and meat food products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, as determined by the Secretary, if the operations are conducted at a retail store, restaurant, or similar retail establishment for sale of such prepared articles in normal retail quantities or for service of the articles to consumers at such an establishment. (b)

Central kitchen facilities

(1)

In general

For the purposes of this section, operations conducted at a central kitchen facility of a restaurant shall be considered to be conducted at a restaurant if the central kitchen of the restaurant prepares meat or meat food products that are ready to eat when they leave the facility and are served in meals or as entrees only to customers at restaurants owned or operated by the same person, firm, or corporation that owns or operates the facility. (2)

Exception

A facility described in paragraph (1) shall be subject to section 202 and may be subject to the inspection requirements of title I for as long as the Secretary determines to be necessary, if the Secretary determines that the sanitary conditions or practices of the facility or the processing procedures or methods at the facility are such that any of the meat or meat food products of the facility are rendered adulterated.

412.

Acceptance of Interstate shipments of meat and meat food products

Notwithstanding any provision of State law, a State or local government shall not prohibit or restrict the movement or sale of meat or meat food products that have been inspected and passed in accordance with this Act for interstate commerce.

413.

Advisory committees for Federal and State programs

The Secretary may appoint advisory committees consisting of such representatives of appropriate State agencies as the Secretary and the State agencies may designate to consult with the Secretary concerning State and Federal programs with respect to meat inspection and other matters within the scope of this Act.

. (c)

State poultry inspection programs

(1)

In general

The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is amended by striking section 5 and inserting the following:

5.

State poultry inspection programs

(a)

Policy

It is the policy of Congress to protect the public from poultry products that are adulterated or misbranded and to assist in efforts by State and other government agencies to accomplish that policy. (b)

Findings

Congress finds that— (1)the goal of a safe and wholesome supply of poultry products throughout the United States would be better served if a consistent set of requirements, established by the Federal Government, were applied to all poultry products, whether produced under State inspection or Federal inspection; (2)under such a system, State and Federal poultry inspection programs would function together to create a seamless inspection system to ensure food safety and inspire consumer confidence in the food supply in interstate commerce; and (3)such a system would ensure the viability of State poultry inspection programs, which should help to foster the viability of small official establishments. (c)

Approval of state poultry inspection programs

(1)

In general

Notwithstanding any other provision of this Act, the Secretary may approve a State poultry inspection program and allow the shipment in commerce of poultry products inspected under the State poultry inspection program in accordance with this section and section 5A. (2)

Eligibility

(A)

In general

To receive or maintain approval from the Secretary for a State poultry inspection program in accordance with paragraph (1), a State shall— (i)implement a State poultry inspection program that enforces the mandatory antemortem and postmortem inspection, reinspection, sanitation, and related Federal requirements of sections 1 through 4 and 6 through 33 (including the regulations, directives, notices, policy memoranda, and other regulatory requirements issued under those sections); and (ii)enter into a cooperative agreement with the Secretary in accordance with paragraph (3). (B)

Additional requirements

(i)

In general

In addition to the requirements described in subparagraph (A), a State poultry inspection program reviewed in accordance with section 11103(a) of the Farm, Nutrition, and Bioenergy Act of 2007 shall implement, not later 180 days after the date on which the report is submitted under subsection (b) of such section, all recommendations from the review, in a manner approved by the Secretary. (ii)

Review of new state poultry inspection programs

(I)

Review requirement

Not later than one year after the date on which the Secretary approves a new State poultry inspection program, the Secretary shall conduct a review of the new State poultry inspection program, which shall include— (aa)a determination of the effectiveness of the new State poultry inspection program; and (bb)identification of changes necessary to ensure enforcement of Federal inspection requirements. (II)

Implementation requirements

In addition to the requirements described in subparagraph (A), to continue to be an approved State poultry inspection program, a new State poultry inspection program shall implement all recommendations from the review conducted in accordance with this clause, in a manner approved by the Secretary. (III)

Definition of new state poultry inspection program

In this clause, the term new State poultry inspection program means a State poultry inspection program that is not approved in accordance with paragraph (1) between the effective date of the Farm, Nutrition, and Bioenergy Act of 2007 and the date that is one year after the effective date of such Act. (3)

Cooperative agreement

Notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into a cooperative agreement with a State that— (A)establishes the terms governing the relationship between the Secretary and the State poultry inspection program; (B)provides that the State will adopt (including adoption by reference) provisions identical to sections 1 through 4 and 6 through 33 (including the regulations, directives, notices, policy memoranda, and other regulatory requirements issued under those sections); (C)provides that State-inspected and passed poultry products may be marked with the mark of State inspection, which shall be deemed to be an official mark, in accordance with requirements issued by the Secretary; (D)provides that the State will comply with all labeling requirements issued by the Secretary governing poultry products inspected under the State poultry inspection program; (E)provides that the Secretary shall have authority— (i)to detain and seize poultry and poultry products under the State poultry inspection program; (ii)to obtain access to facilities, records, and poultry products of any person that slaughters, processes, handles, stores, transports, or sells poultry products inspected under the State poultry inspection program to determine compliance with this Act (including the regulations issued under this Act); and (iii)to direct the State to conduct any activity authorized to be conducted by the Secretary under this Act (including the regulations issued under this Act); and (F)includes such other terms as the Secretary determines to be necessary to ensure that the actions of the State and the State poultry inspection program are consistent with this Act (including the regulations, directives, notices, policy memoranda, and other regulatory requirements issued under this Act). (4)

Restriction on establishment size

After the date that is 90 days after the effective date of the Farm, Nutrition, and Bioenergy Act of 2007, establishments with more than 50 employees may not be accepted into a State meat inspection program. Any establishment that is subject to state inspection on such date may remain subject to state inspection. (5)

Reimbursement of state costs

The Secretary may reimburse a State for not more than 60 percent of the State’s costs of meeting the Federal requirements for the State poultry inspection program. (6)

Sampling

A duly authorized representative of the Secretary shall be afforded access to State inspected establishments to take reasonable samples of their inventory upon payment of the fair market value therefor. (7)

Noncompliance

If the Secretary determines that a State poultry inspection program does not comply with this section, section 5A, or the cooperative agreement under paragraph (3), the Secretary shall take such action as the Secretary determines to be necessary to ensure that the poultry products in the State are inspected in a manner that effectuates this Act (including the regulations, directives, notices, policy memoranda, and other regulatory requirements issued under this Act). (d)

Annual review

(1)

In general

The Secretary shall develop and implement a process to annually review each State poultry inspection program approved under this section and to certify the State poultry inspection programs that comply with the cooperative agreement entered into with the State under subsection (c)(3). (2)

Comment from interested parties

In developing the review process described in paragraph (1), the Secretary shall solicit comment from interested parties. (e)

Federal inspection option

(1)

In general

An official establishment that operates in a State with an approved State poultry inspection program may apply for inspection under the State poultry inspection program or for Federal inspection. (2)

Limitation

An official establishment shall not make an application under paragraph (1) more than once every 4 years.

5A.

Authority to take over State poultry inspection activities

(a)

Authority To take over state poultry inspection programs

(1)

Notification

If the Secretary has reason to believe that a State is not in compliance with this Act (including the regulations, directives, notices, policy memoranda, and other regulatory requirements issued under this Act) or the cooperative agreement under section 5(c)(3) and is considering the revocation or temporary suspension of the approval of the State poultry inspection program, the Secretary shall promptly notify and consult with the Governor of the State. (2)

Suspension and revocation

(A)

In general

The Secretary may revoke or temporarily suspend the approval of a State poultry inspection program and take over a State poultry inspection program if the Secretary determines that the State poultry inspection program is not in compliance with this Act (including the regulations, directives, notices, policy memoranda, and other regulatory requirements issued under this Act) or the cooperative agreement. (B)

Procedures for reinstatement

A State poultry inspection program that has been the subject of a revocation may be reinstated as an approved State poultry inspection program under this Act only in accordance with the procedures under section 5(c)(2)(B)(ii). (3)

Publication

If the Secretary revokes or temporarily suspends the approval of a State poultry inspection program in accordance with paragraph (2), the Secretary shall publish notice of the revocation or temporary suspension under that paragraph in the Federal Register. (4)

Inspection of establishments

Not later than 30 days after the date of publication of a determination under paragraph (3), an official establishment subject to a State poultry inspection program with respect to which the Secretary makes a determination under paragraph (2) shall be inspected by the Secretary. (b)

Expedited authority To take over inspection of state-inspected official establishments

Notwithstanding any other provision of this title, if the Secretary determines that an official establishment operating under a State poultry inspection program is not operating in accordance with this Act (including the regulations, directives, notices, policy memoranda, and other regulatory requirements issued under this Act) or the cooperative agreement under section 5(c)(3), and the State, after notification by the Secretary to the Governor, has not taken appropriate action within a reasonable time as determined by the Secretary, the Secretary may immediately determine that the official establishment is an establishment that shall be inspected by the Secretary, until such time as the Secretary determines that the State will meet the requirements of this Act (including the regulations, directives, notices, policy memoranda, and other regulatory requirements) and the cooperative agreement with respect to the official establishment.

. (2)

Restaurants and retail stores, acceptance of Interstate shipments of poultry products, and advisory committees for federal and state programs

The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is amended by inserting after section 30 the following:

31.

Restaurants and retail stores

(a)

Limitation on applicability of inspection requirements

The provisions of this Act requiring inspection of the slaughter of poultry and the processing of poultry products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, if the operations are conducted at a retail store, restaurant, or similar retail establishment for sale of such prepared articles in normal retail quantities or for service of the articles to consumers at such an establishment. (b)

Central kitchen facilities

(1)

In general

For the purposes of this section, operations conducted at a central kitchen facility of a restaurant shall be considered to be conducted at a restaurant if the central kitchen of the restaurant prepares poultry products that are ready to eat when they leave the facility and are served in meals or as entrees only to customers at restaurants owned or operated by the same person that owns or operates the facility. (2)

Exception

A facility described in paragraph (1) shall be subject to section 11(b) and may be subject to the inspection requirements of this Act for as long as the Secretary determines to be necessary, if the Secretary determines that the sanitary conditions or practices of the facility or the processing procedures or methods at the facility are such that any of the poultry products of the facility are rendered adulterated.

32.

Acceptance of Interstate shipments of poultry products

Notwithstanding any provision of State law, a State or local government shall not prohibit or restrict the movement or sale of poultry products that have been inspected and passed in accordance with this Act for interstate commerce.

33.

Advisory committees for Federal and State programs

The Secretary may appoint advisory committees consisting of such representatives of appropriate State agencies as the Secretary and the State agencies may designate to consult with the Secretary concerning State and Federal programs with respect to poultry product inspection and other matters within the scope of this Act.

. (d)

Regulations

Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendments made by subsections (b) and (c). (e)

Effective date

The amendments made by subsections (b) and (c) of this Act shall take effect on the date that is 180 days after the date of the enactment of this Act.

11104.

Country of origin labeling

Subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.) is amended— (1)in section 281(2)(A)— (A)in clause (v) by striking and; (B)in clause (vi), by striking peanuts. and inserting peanuts; and; and (C)by adding at the end the following new clause: (vii)meat produced from goats. ; (2)in section 282— (A)in subsection (a), by striking paragraphs (2) and (3) and inserting the following: (2)

Designation of country of origin for beef, lamb, pork, and goat

(A)

United States country of origin

A retailer of a covered commodity that is beef, lamb, pork, or goat may designate the covered commodity as exclusively having a United States country of origin only if the covered commodity is derived from an animal that was— (i)exclusively born, raised, and slaughtered in the United States; (ii)born and raised in Alaska or Hawaii and transported for a period of not more than 60 days through Canada to the United States and slaughtered in the United States; or (iii)present in the United States on or before January 1, 2008. (B)

Multiple countries of origin

A retailer of a covered commodity that is beef, lamb, pork, or goat that is derived from an animal that is— (i)not exclusively born, raised, and slaughtered in the United States, (ii)born, raised, or slaughtered in the United States, and (iii)not imported into the United States for immediate slaughter, may designate the country of origin of such covered commodity as all of the countries in which the animal may have been born, raised, or slaughtered.(C)

Imported for immediate slaughter

A retailer of a covered commodity that is beef, lamb, pork, or goat that is derived from an animal that is imported into the United States for immediate slaughter must designate the origin of such covered commodity as— (i)the country from which the animal was imported; and (ii)the United States. (D)

Foreign country of origin

A retailer of a covered commodity that is beef, lamb, pork, or goat that is derived from an animal that is not born, raised, or slaughtered in the United States must designate a country other than the United States as the country of origin of such commodity. (E)

Ground beef, pork, and lamb

The notice of country of origin for ground beef, ground pork, or ground lamb shall include— (i)a list of all countries of origin of such ground beef, ground pork, or ground lamb; or (ii)a list of all reasonably possible countries of origin of such ground beef, ground pork, or ground lamb. (3)

Designation of country of origin for fish

(A)

In general

A retailer of a covered commodity that is farm-raised fish or wild fish may designate the covered commodity as having a United States country of origin only if the covered commodity— (i)in the case of farm-raised fish, is hatched, raised, harvested, and processed in the United States; and (ii)in the case of wild fish, is— (I)harvested in the United States, a territory of the United States, or a State, or by a vessel that is documented under chapter 121 of title 46, United States Code, or registered in the United States; and (II)processed in the United States, a territory of the United States, or a State, including the waters thereof. (B)

Designation of wild fish and farm-raised fish

The notice of country of origin for wild fish and farm-raised fish shall distinguish between wild fish and farm-raised fish. (4)

Designation of country of origin for perishable agricultural commodities and peanuts

(A)

In general

A retailer of a covered commodity that is a perishable agricultural commodity or peanut may designate the covered commodity as having a United States country of origin only if the covered commodity is exclusively produced in the United States. (B)

State, region, locality of the United States

With respect to a covered commodity that is a perishable agricultural commodity produced exclusively in the United States, designation by a retailer of the State, region, or locality of the United States where such commodity was produced shall be sufficient to identify the United States as the country of origin. ; and (B)by striking subsection (d) and inserting the following: (d)

Audit verification system

(1)

In general

The Secretary may conduct an audit of any person that prepares, stores, handles, or distributes a covered commodity for retail sale to verify compliance with this subtitle (including the regulations promulgated under section 284(b)). (2)

Record requirements

(A)

In general

A person subject to an audit under paragraph (1) shall provide the Secretary with verification of the country of origin of covered commodities. Records maintained in the course of the normal conduct of the business of such person, including animal health papers, import or customs documents, or producer affidavits, may serve as such verification. (B)

Prohibition on requirement of additional records

The Secretary may not require a person that prepares, stores, handles, or distributes a covered commodity to maintain a record of the country of origin of a covered commodity other than those maintained in the course of the normal conduct of the business of such person. ; (3)in section 283— (A)by striking subsections (a) and (c); (B)by redesignating subsection (b) subsection (a); (C)in subsection (a) (as so redesignated), by striking retailer and inserting retailer or person engaged in the business of supplying a covered commodity to a retailer; and (D)by adding at the end the following new subsection: (b)

Fines

If, on completion of the 30-day period described in subsection (a)(2), the Secretary determines that the retailer or person engaged in the business of supplying a covered commodity to a retailer has— (1)not made a good faith effort to comply with section 282, and (2)continues to willfully violate section 282 with respect to the violation about which the retailer or person received notification under subsection (a)(1), after providing notice and an opportunity for a hearing before the Secretary with respect to the violation, the Secretary may fine the retailer or person in an amount of not more than $1,000 for each violation..

11105.

Sense of Congress regarding the voluntary control program for low pathogenic avian influenza

It is the sense of Congress that— (1)the voluntary control program for low pathogenic avian influenza is a critical component of the animal health protection system of the United States, as well as a safeguard against highly pathogenic avian influenza; and (2)the Secretary of Agriculture has appropriately provided for the payment of compensation to owners of poultry and cooperating State agencies of 100 percent of eligible costs, and the Secretary should continue to provide such payments at 100 percent of such costs.

11106.

Sense of Congress regarding the cattle fever tick eradication program

It is the sense of Congress that— (1)the cattle fever tick and the southern cattle tick are vectors of the causal agent of babesiosis, a severe and often fatal disease of cattle; and (2)implementing a national strategic plan for the cattle fever tick eradication program is a high priority that the secretary should carry out in order to— (A)prevent the entry of cattle fever ticks into the United States; (B)enhance and maintain an effective surveillance program to rapidly detect any cattle fever tick incursions; and (C)research, identify, and procure the tools and knowledge necessary to prevent and eradicate cattle fever ticks in the United States.

C

Socially Disadvantaged Producers and Limited Resource Producers

11201.

Outreach and technical assistance for socially disadvantaged farmers and ranchers and limited resource farmers and ranchers

Section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279) is amended— (1)in subsection (a)— (A)by striking paragraph (2) and inserting the following new paragraph: (2)

Requirements

The outreach and technical assistance program under paragraph (1) shall be used— (A)to enhance coordination of the outreach, technical assistance, and education efforts authorized under agriculture programs; and (B)to assist the Secretary in— (i)reaching socially disadvantaged or limited resource farmers and ranchers and prospective socially disadvantaged or limited resource farmers and ranchers in an appropriate manner; and (ii)improving the participation of those farmers and ranchers in Department programs, as determined under section 2501A. ; (B)in paragraph (3)— (i)in subparagraph (A), by striking entity to provide information and inserting entity that has demonstrated an ability to carry out the requirements described in paragraph (2) to provide outreach; and (ii)by adding at the end the following new subparagraphs: (D)

Additional contracting authority

Any agency of the Department of Agriculture may make grants and enter into contracts and cooperative agreements with a community-based organization that meets the definition of an eligible entity under subsection (e) in order to utilize the community-based organization to provide outreach and technical assistance. (E)

Report

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, and make publicly available, an annual report that includes a list of the following: (i)The recipients of funds made available under the program. (ii)The activities undertaken and services provided. (iii)The number of producers served and outcomes of such service. (iv)The problems and barriers identified by entities in trying to increase participation by socially disadvantaged farmers and ranchers. ; and (C)in paragraph (4)— (i)by striking subparagraph (A), and inserting the following new subparagraph: (A)

Availability of funds

Of the funds of the Commodity Credit Corporation, the Secretary shall make available $15,000,000 for each of the fiscal years 2008 through 2012 to carry out this subsection. ; (ii)in subparagraph (B), by striking authorized to be appropriated under subparagraph (A) and inserting made available under subparagraph (A); and (iii)by adding at the end the following new subparagraph: (C)

Limitation on use of funds for administrative expenses

Not more than 5 percent of the amounts made available under subparagraph (A) for a fiscal year may be used for expenses related to administering the program under this section. ; and (2)in subsection (e)(5)(A)(ii)— (A)by inserting and on behalf of before socially; and (B)by striking 2-year and inserting 3-year.

11202.

Improved program delivery by Department of Agriculture on Indian reservations

Section 2501(g)(1) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(g)(1)) is amended— (1)in the first sentence, by striking where there is a demonstrated demand for service after offices; and (2)by striking the second sentence.

11203.

Transparency and accountability for socially disadvantaged farmers and ranchers

Section 2501A of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279–1) is amended by striking subsection (c) and inserting the following new subsections: (c)

Compilation of program participation data

(1)

Annual requirement

For each county and State in the United States, the Secretary of Agriculture (referred to in this section as the Secretary) shall annually compile program application and participation rate data regarding socially disadvantaged farmers and ranchers by computing for each program of the Department of Agriculture that serves agricultural producers and landowners— (A)raw numbers of applicants and participants by race, ethnicity, and gender, subject to appropriate privacy protections, as determined by the Secretary; and (B)the application and participation rate, by race, ethnicity, and gender, as a percentage of the total participation rate of all agricultural producers and landowners. (2)

Authority to collect data

The heads of the agencies of the Department of Agriculture shall collect and transmit to the Secretary any data, including data on race, gender, and ethnicity, that the Secretary determines to be necessary to carry out paragraph (1). (3)

Report

Using the technologies and systems of the National Agricultural Statistics Service, the Secretary shall compile and present the data compiled under paragraph (1) for each program described in that paragraph in a manner that includes the raw numbers and participation rates for— (A)the entire United States; (B)each State; and (C)each county in each State. (4)

Public availability of report

The Secretary shall maintain and make readily available to the public, via website and otherwise in electronic and paper form, the report described in paragraph (3). (d)

Limitations on use of data

(1)

Privacy protections

In carrying out this section, the Secretary shall not disclose the names or individual data of any program participant. (2)

Authorized uses

The data under this section shall be used exclusively for the purposes described in subsection (a). (3)

Limitation

Except as otherwise provided, the data under this section shall not be used for the evaluation of individual applications for assistance. .

11204.

Beginning farmer and rancher development program

Section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f) is amended by striking subsection (h) and inserting the following new subsection: (h)

Availability of funds

Of the funds of the Commodity Credit Corporation, the Secretary shall make available $15,000,000 for each of the fiscal years 2008 through 2012 to carry out this section. .

11205.

Provision of receipt for service or denial of service

In any case in which a producer or landowner, or prospective producer or landowner, requests from the Department of Agriculture any benefit or service offered by the Department to agricultural producers or landowners, the Secretary of Agriculture shall provide for the issuance, on the date on which the producer or landowner, or prospective producer or landowner, makes the request, a receipt containing— (1)the date, place, and subject of the request; and (2)the action taken, not taken, or recommendations made in response to the request.

11206.

Tracking of socially disadvantaged farmers and ranchers and limited resource farmers and ranchers in Census of Agriculture and certain studies

The Secretary of Agriculture shall ensure, to the maximum extent practicable, that the Census of Agriculture and studies carried out by the Economic Research Service accurately document the number, location, and economic contributions of socially disadvantaged farmers and ranchers and limited resource farmers and ranchers in agricultural production.

11207.

Farmworker coordinator

(a)

Establishment

The Secretary of Agriculture shall establish the position of Farmworker Coordinator (in this section referred to as the Coordinator), which shall be located in the Office of Outreach of the Department of Agriculture. (b)

Duties

The Secretary may delegate to the Coordinator responsibility for any or all of the following: (1)Assisting in administering the program established by section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990 (42 U.S.C. 5177a). (2)Serving as a liaison to community-based non-profit organizations that represent, and have demonstrated experience serving, low-income migrant and seasonal farmworkers. (3)Coordinating with the Department of Agriculture and State and local governments to assure that farmworker needs are assessed and met during declared disasters and other emergencies. (4)Consulting with the Office of Small Farm Coordination, Office of Outreach, Outreach Coordinators, and other entities to better integrate farmworker perspectives, concerns, and interests into the ongoing programs of the Department. (5)Consulting with Hispanic-serving institutions on research, program improvements, or agricultural education opportunities that assist low-income and migrant seasonal farmworkers. (6)Assuring that farmworkers have access to services and support to enter agriculture as producers. (c)

Authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as necessary to carry out this section for fiscal years 2008 through 2012.

11208.

Office of Outreach relocation

(a)

Relocation proposal

Not more than 18 months after the date of enactment of the Act, the Secretary shall develop a proposal to relocate the Office of Outreach of the Department of Agriculture. (b)

Administration

The Office of Outreach shall be responsible for the administration of— (1)the outreach and technical assistance program established under section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279); (2)the beginning farmer and rancher development program established under section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f); and (3)the coordination of the outreach activities among the various agencies within the Department. (c)

Report

After the relocation described in this section is completed, the Secretary shall submit to Congress a report that includes information describing the new location of the program.

11209.

Minority farmer advisory committee

(a)

Establishment

Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall establish an advisory committee, to be known as the Advisory Committee on Minority Farmers (in this section referred to as the Committee), which shall be overseen by the Office of Outreach of the Department of Agriculture. (b)

Duties

The Committee shall— (1)review all civil rights cases to ensure that they are processed in a timely manner; (2)ensure that the processing of civil rights cases complies with applicable laws; (3)report quarterly to the Secretary of Agriculture on civil rights enforcement and outreach; (4)monitor and annually report to Congress on compliance with all civil rights and related laws by all agencies and under all programs of the Department; (5)recommend to the Secretary corrective actions to prevent civil rights violations; (6)review the operations of the outreach and technical assistance program established under section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279); and (7)review ongoing efforts toward outreach in the agencies and programs of the Department. (c)

Membership of committee

The Committee shall be composed of the following: (1)Three members appointed by the Secretary. (2)Two members appointed by the chairman of the Committee on Agriculture, Nutrition, and Forestry of the Senate, in consultation with the ranking member of the Committee. (3)Two members appointed by the chairman of the Committee on Agriculture of the House of Representatives, in consultation with the ranking member of the Committee. (4)A civil rights professional. (5)A socially disadvantaged farmer or rancher. (6)Such other persons or professionals as determined by the Secretary to be appropriate.

11210.

Coordinator for chronically underserved rural areas

(a)

Establishment

The Secretary of Agriculture shall establish a Coordinator for Chronically Underserved Rural Areas (in this section referred to as the Coordinator), to be located in the Office of Outreach of the Department of Agriculture. (b)

Mission

The mission of the Coordinator shall be to direct Department of Agriculture resources to high need, high poverty rural areas. (c)

Duties

The Coordinator shall consult with other offices in directing technical assistance, strategic regional planning, at the State and local level, for developing rural economic development that leverages the resources of State and local governments and non-profit and community development organizations. (d)

Authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as necessary to carry out this section for fiscal years 2008 through 2012.

D

Other Miscellaneous Provisions

11301.

Designation of separate cotton-producing States under Cotton Research and Promotion Act

Section 17(f) of the Cotton Research and Promotion Act (7 U.S.C. 2116(f)) is amended by adding at the end the following new sentence: Notwithstanding the preceding sentence, effective beginning with the 2008 crop of cotton, the States of Kansas, Virginia, and Florida shall each be deemed to be a separate cotton-producing State for the purposes of this Act..

11302.

Cotton classification services

(a)

Extension

The first sentence of section 3a of the Act of March 3, 1927 (commonly known as the Cotton Statistics and Estimates Act; 7 U.S.C. 473a), is amended by striking 2007 and inserting 2012. (b)

Establishment of Offices

The second sentence of section 3a of the Act of March 3, 1927, is amended in the proviso— (1)by striking and at the end of clause (6); (2)by striking the period at the end of clause (7) and inserting ; and; and (3)by adding at the end the following new clause: (8) the Secretary may enter into long-term lease agreements that exceed five years or may take title to property, including through purchase agreements, for the purposes of obtaining offices to be used for the classification of cotton in accordance with this Act if the Secretary determines such action would best effectuate the purposes of this Act..

11303.

Availability of excess and surplus computers in rural areas

The Secretary of Agriculture may make available to any city or town located in a rural area (as defined in section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act) excess or surplus computers or other technical equipment of the Department of Agriculture.

11304.

Permanent debarment from participation in Department of Agriculture programs for fraud

The Secretary of Agriculture is hereby granted the authority to permanently debar an individual, organization, corporation, or other entity convicted of knowingly defrauding the United States in connection with any program administered by the Department of Agriculture from any subsequent participation in Department of Agriculture programs.

11305.

No discrimination against use of registered pesticide products or classes of pesticide products

In establishing priorities and evaluation criteria for the approval of plans, contracts, and agreements under title II, the Secretary of Agriculture shall not discriminate against the use of specific registered pesticide products or classes of pesticide products.

11306.

Prohibition on closure or relocation of county offices for the Farm Service Agency, Rural Development Agency, and Natural Resources Conservation Service

Until the date that is one year after the date of the enactment of this Act, the Secretary of Agriculture may not close or relocate a county or field office of the Farm Service Agency, Rural Development Agency, or Natural Resources Conservation Service of the Department of Agriculture.

11307.

Regulation of exports of plants, plant products, biological control organisms, and noxious weeds

(a)

In general

Subtitle A of title IV of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 7701 et seq.) is amended by adding at the end the following new section:

420.

Regulation of exports of plants, plant products, biological control organisms, and noxious weeds

(a)

In general

The Secretary may regulate plants, plant products, biological control organisms, and noxious weeds for export purposes. (b)

Duties

The Secretary shall— (1)coordinate fruit and vegetable market analyses with the private sector and the Administrator of Foreign Agricultural Service; and (2)make publicly available on an Internet website— (A)the status of all export petitions; (B)to the greatest extent possible, an explanation of the sanitary or phytosanitary issues associated with each pending export petition; and (C)to the greatest extent possible, information on the import requirements of foreign countries for fruits and vegetables. (c)

Regulations

The Secretary may issue regulations to implement this section.

. (b)

Table of contents

The table of contents in section 1(b) of such Act (7 U.S.C. 1501 note) is amended by inserting after the item relating to section 419 the following new item: Sec. 420. Regulation of exports of plants, plant products, biological control organisms, and noxious weeds. .

11308.

Grants to reduce production of methamphetamines from anhydrous ammonia

(a)

Grant authority

The Secretary of Agriculture may make a grant to an eligible entity to enable the entity to obtain and add to an anhydrous ammonia fertilizer nurse tank a substance which will reduce the amount of methamphetamine which can be produced from any anhydrous ammonia removed from the tank. (b)

Definitions

In this section: (1)

Eligible entity

The term eligible entity means— (A)a producer of agricultural commodities; (B)a cooperative association a majority of the members of which produce or process agricultural commodities, and (C)a person in the trade or business of— (i)selling an agricultural product, including an agricultural chemical, at retail, predominantly to farmers and ranchers; or (ii)aerial and ground application of an agricultural chemical. (2)

Nurse tank

The term nurse tank shall have the meaning set forth in section 173.315(m) of title 49, Code of Federal Regulations, as in effect as of the date of the enactment of this Act. (c)

Grant amount

The amount of a grant made under this section to an entity shall be not less than $40 and not more than $60, multiplied by the number of fertilizer nurse tanks of the entity. (d)

Limitations on authorization of appropriations

For grants under this section, there are authorized to be appropriated to the Secretary a total of not more than $15,000,000 for fiscal years 2008 through 2012.

11309.

USDA Graduate School

(a)Section 921 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 2279b) is amended by striking subsections (a) through (k) and inserting the following: The Department of Agriculture shall not establish, maintain, or otherwise operate a nonappropriated fund instrumentality of the United States to develop, administer, or provide educational training and professional development activities, including educational activities for Federal agencies, Federal employees, nonprofit organizations, other entities, and members of the general public.. (b)

Effective date

The amendment made in subsection (a) apply beginning October 1, 2008.

11310.

Prevention and investigation of payment and fraud and error

Section 1113(k) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3413(k)) is amended to read as follows: (k)

Disclosure necessary for proper administration of programs of certain government authorities

(1)

Disclosure to government authorities

Nothing in this title shall apply to the disclosure by the financial institution of the financial records of any customer to the Department of the Treasury, the Social Security Administration, the Railroad Retirement Board, or any other Government authority that certifies, disburses, or collects payments, when the disclosure of such information is necessary to, and such information is used solely for the purposes of— (A)the proper administration of section 1441 of the Internal Revenue Code of 1986 (26 U.S.C. 1441); (B)the proper administration of title II of the Social Security Act (42 U.S.C. 401 et seq.); (C)the proper administration of the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); (D)the verification of the identify of any person in connection with the issuance of a Federal payment or collection of funds by a Government authority; or (E)the investigation or recovery of an improper Federal payment or collection of funds, or an improperly negotiated Treasury check. (2)

Limitations on subsequent disclosure

Notwithstanding any other provision of law, any request authorized by paragraph (1), and the information contained therein, may be used by the financial institution and its agents solely for the purpose of providing the customer’s financial records to the Government authority requesting the information and shall be barred from redisclosure by the financial institution or its agents. Any Government authority receiving information pursuant to paragraph (1) may not disclose or use the information except for the purposes set forth in such paragraph. .

11311.

Sense of Congress regarding food deserts, geographically isolated neighborhoods and communities with limited or no access to major chain grocery stores

It is the sense of Congress that the Secretary of Agriculture, in conjunction with the National Institutes of Health, the Centers for Disease Control, the Institute of Medicine and faith-based organizations, should— (1)conduct a national assessment of food deserts in the United States, namely those geographically isolated neighborhoods and communities with limited or no access to major-chain grocery stores; and (2)develop recommendations for eliminating food deserts.

11312.

Pigford claims

(a)

In General

Any Pigford claimant who has not previously obtained a determination on the merits of a Pigford claim may, in a civil action, obtain that determination. (b)

Limitation

Notwithstanding any other provision of law— (1)all payments or debt relief (including any limitation on foreclosure under subsection (f)) made pursuant to an action commenced under subsection (a) shall be made exclusively from funds made available pursuant to subsection (h), Provided that the total amount of payments and debt relief pursuant to an action commenced under subsection (a) shall not exceed $100,000,000; and (2)in no event may such payments or debt relief be made from the Judgement Fund established by 31 U.S.C. 1304. (c)

Intent of Congress as to Remedial Nature of Section

It is the intent of Congress that this section be liberally construed so as to effectuate its remedial purpose of giving a full determination on the merits for each Pigford claim denied that determination. (d)

Loan Data

(1)

Report to person submitting petition

Not later than 60 days after the Secretary of Agriculture receives notice of a complaint filed by a claimant under subsection (a), the Secretary shall provide to the claimant a report on farm credit loans made within the claimant’s county or adjacent county by the Department during the period beginning on January 1 of the year preceding the year or years covered by the complaint and ending on December 31 of year following such year or years. Such report shall contain information on all persons whose application for a loan was accepted, including— (A)the race of the applicant; (B)the date of application; (C)the date of the loan decision; (D)the location of the office making the loan decision; and (E)all data relevant to the process of deciding on the loan. (2)

No personally identifiable information

The reports provided pursuant to paragraph (1) shall not contain any information that would identify any person that applied for a loan from the Department of Agriculture. (e)

Expedited Resolutions Authorized

Any person filing a complaint under this Act for discrimination in the application for, or making or servicing of, a farm loan, at his or her discretion, may seek liquidated damages of $50,000, discharge of the debt that was incurred under, or affected by, the discrimination that is the subject of the person’s complaint, and a tax payment in the amount equal to 25 percent of the liquidated damages and loan principal discharged, in which case— (1)if only such damages, debt discharge, and tax payment are sought, the complainant shall be able to prove his or her case by substantial evidence; and (2)the court shall decide the case based on a review of documents submitted by the complainant and defendant relevant to the issues of liability and damages. (f)

Limitation on Foreclosures

The Secretary of Agriculture may not begin acceleration on or foreclosure of a loan if a borrower is a Pigford claimant and, in an appropriate administrative proceeding, makes a prima facie case that the foreclosure is related to a Pigford claim. (g)

Definitions

In this Act— (1)the term Pigford claimant means an individual who previously submitted a late-filing request under section 5(g) of the consent decree in the case of Pigford v. Glickman, approved by the United States District Court for the District of Columbia on April 14, 1999; and (2)the term Pigford claim means a discrimination complaint, as defined by section 1(h) of that consent decree and documented under section 5(b) of that consent decree. (h)

Funding

Of the funds of the Commodity Credit Corporation, the Secretary shall make available $100,000,000 for fiscal year 2008, to remain available until expended, for payments and debt relief in satisfaction of claims against the United States under subsection (a), and for any actions made pursuant to subsection (f).

11313.

Comptroller general study of wastewater infrastructure near United States-Mexico border

The Comptroller General shall conduct a study of the state of wastewater infrastructure in rural communities within 150 miles of the United States-Mexico border to determine what the Federal Government can do to assist border rural communities in bringing wastewater infrastructure up to date.

11314.

Elimination of statute of limitations applicable to collection of debt by administrative offset

(a)

Elimination

Section 3716(e) of title 31, United States Code, is amended to read as follows: (e)(1)Notwithstanding any other provision of law, regulation, or administrative limitation, no limitation on the period within which an offset may be initiated or taken pursuant to this section shall be effective. (2)This section does not apply when a statute explicitly prohibits using administrative offset or setoff to collect the claim or type of claim involved. . (b)

Application of amendment

The amendment made by subsection (a) shall apply to any debt outstanding on or after the date of the enactment of this Act.

11315.

Pollinator protection

(a)

Short title

This section may be cited as the Pollinator Protection Act of 2007. (b)

Findings

Congress finds that— (1)many of the crops that humans and livestock consume rely on pollinators for healthy growth; (2)pollination by honey and native bees adds more than $18,000,000,000 annually to the value of United States crops; (3)1/3 of the food supply of the United States depends on bee pollination, which makes the management and protection of pollinators an issue of paramount importance to the security of the United States food supply system; (4)colony collapse disorder is the name that has been given to the latest die-off of honey bee colonies, exacerbating the continual decline of pollinators in North America; (5)honey bee colonies in more than 23 states have been affected by colony collapse disorder; (6)if the current rate of decline continues, the United States will be forced to rely more heavily on imported foods, which will destabilize the food security of the United States through adverse affects on the availability, price, and quality of the many fruits, vegetables, and other products that depend on animal pollination; and (7)enhanced funding for research on honey bees, native bees, parasites, pathogens, toxins, and other environmental factors affecting bees and pollination of cultivated and wild plants will result in methods of response to colony collapse disorder and other factors causing the decline of pollinators in North America. (c)

Authorizations of appropriations

(1)

Agricultural Research Service

There is authorized to be appropriated to the Secretary of Agriculture, acting through the Agricultural Research Service— (A)$3,000,000 for each of fiscal years 2008 through 2012, to be used for new personnel, facilities improvement, and additional research at Department of Agriculture Bee Research Laboratories; (B)$2,500,000 for each of fiscal years 2008 and 2009, to be used for research on honey and native bee physiology, insect pathology, insect chemical ecology, and honey and native bee toxicology at other Department of Agriculture facilities in New York, Florida, California, Utah, and Texas; and (C)$1,750,000 for each of fiscal years 2008 through 2010, to be used for an area-wide research program to identify causes and solutions for colony collapse disorder in affected States. (2)

Cooperative State Research, Education, and Extension Service

There is authorized to be appropriated to the Secretary of Agriculture, acting through the Cooperative State Research, Education, and Extension Service, $10,000,000 for each of fiscal years 2008 through 2012 to be used to fund Department of Agriculture extension and research grants to investigate— (A)honey bee biology, immunology, and ecology; (B)honey bee genomics; (C)honey bee bioinformatics; (D)native bee crop pollination and habitat conservation; (E)native bee taxonomy and ecology; (F)pollination biology; (G)sublethal effects of insecticides, herbicides, and fungicides on honey bees, native pollinators, and other beneficial insects; (H)the effects of genetically-modified crops, including the interaction of genetically-modified crops with honey bees and other native pollinators; and (I)honey, bumble, and other native bee parasites and pathogens and effects on other native pollinators. (3)

Animal and Plant Health Inspection Service

There is authorized to be appropriated to the Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, $2,250,000 for each of fiscal years 2008 through 2012 to conduct a nationwide honey bee pest and pathogen surveillance program. (d)

Annual reports

The Secretary of Agriculture, acting through the Agricultural Research Service and the Cooperative State Research, Education, and Extension Service, 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 on the status and progress of bee research projects that are carried out by the Secretary. (e)

Giving pollinator habitat and protection a priority in conservation programs

Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended by adding at the end the following new subsection: (c)

Native and managed pollinators

In carrying out any conservation program administered by the Secretary, except the farmland protection program, the Secretary shall establish a priority and provide incentives for— (1)increasing habitat for native and managed pollinators, especially native habitat; and (2)establishing cropping systems, integrated pest management regimes, and other practices to protect native and managed pollinators. .

11316.

Prohibition on use of live animals for marketing medical devices; fines under the Animal Welfare Act

(a)

Prohibition on use of animals for marketing of medical devices

The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by inserting after section 17 the following new section:

18.

Prohibition on use of live animals for marketing medical devices

(a)

In General

No person may use a live animal to— (1)demonstrate a medical device or product to a sales representative for the purpose of marketing such medical device or product; (2)train a sales representative to use a medical device or product; (3)demonstrate a medical device or product in a workshop or training session for the purpose of marketing a medical device or product; or (4)create a multimedia recording (including a video recording) for the purpose of marketing a medical device or product. (b)

Exception

Subsection (a) shall not apply to the training of medical personnel for a purpose other than marketing a medical device or product. (c)

Device defined

In this section, the term device has the meaning given the term in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).

. (b)

Fines for violations of the Animal Welfare Act

Section 19(b) of the Animal Welfare Act (7 U.S.C. 2149(b)) is amended— (1)in the first sentence by striking not more than $2,500 for each such violation and inserting not more than $10,000 for each such violation; and (2)by striking the second sentence and inserting the following: Each violation, each day during which a violation continues, and, in the case of a violation with respect to animals, each animal that is the subject of such a violation shall be a separate offense.. (c)

Reports on activities under the Animal Welfare Act

The Animal Welfare Act (7 U.S.C. 2131 et seq.) is further amended by striking section 25 and inserting the following new section:

25.

Annual report

Not later than March 1 of each year, the Secretary shall submit to Congress a report containing— (1)an identification of all research facilities, exhibitors, and other persons and establishments licensed by the Secretary under section 3 and section 12; (2)an identification of all research facilities, intermediate handlers, carriers, and exhibitors registered under section 6; (3)the nature and place of all investigations and inspections conducted by the Secretary under section 16, and all reports received by the Secretary under section 13; (4)recommendations for legislation to improve the administration of this Act or any provisions of this Act; and (5)recommendations and conclusions concerning the aircraft environment as it relates to the carriage of live animals in air transportation.

.

11317.

Protection of pets

(a)

Short title

This section may be cited as the Pet Safety and Protection Act of 2007. (b)

Research facilities

Section 7 of the Animal Welfare Act (7 U.S.C. 2137) is amended to read as follows:

7.

Sources of dogs and cats for research facilities

(a)

Definition of person

In this section, the term person means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, pound, shelter, or other legal entity. (b)

Use of dogs and cats

No research facility or Federal research facility may use a dog or cat for research or educational purposes if the dog or cat was obtained from a person other than a person described in subsection (d). (c)

Selling, donating, or offering dogs and cats

No person, other than a person described in subsection (d), may sell, donate, or offer a dog or cat to any research facility or Federal research facility. (d)

Permissible sources

A person from whom a research facility or a Federal research facility may obtain a dog or cat for research or educational purposes under subsection (b), and a person who may sell, donate, or offer a dog or cat to a research facility or a Federal research facility under subsection (c), shall be— (1)a dealer licensed under section 3 that has bred and raised the dog or cat; (2)a publicly owned and operated pound or shelter that— (A)is registered with the Secretary; (B)is in compliance with section 28(a)(1) and with the requirements for dealers in subsections (b) and (c) of section 28; and (C)obtained the dog or cat from its legal owner, other than a pound or shelter; (3)a person that is donating the dog or cat and that— (A)bred and raised the dog or cat; or (B)owned the dog or cat for not less than 1 year immediately preceding the donation; (4)a research facility licensed by the Secretary; and (5)a Federal research facility licensed by the Secretary. (e)

Penalties

(1)

In general

A person that violates this section shall be fined $1,000 for each violation. (2)

Additional penalty

A penalty under this subsection shall be in addition to any other applicable penalty. (f)

No required sale or donation

Nothing in this section requires a pound or shelter to sell, donate, or offer a dog or cat to a research facility or Federal research facility.

. (c)

Federal research facilities

Section 8 of the Animal Welfare Act (7 U.S.C. 2138) is amended— (1)by striking Sec. 8. No department and inserting the following:

8.

Federal research facilities

Except as provided in section 7, no department

; (2)by striking research or experimentation or; and (3)by striking such purposes and inserting that purpose. (d)

Certification

Section 28(b)(1) of the Animal Welfare Act (7 U.S.C. 2158(b)(1)) is amended by striking individual or entity and inserting research facility or Federal research facility. (e)

Effective date

The amendments made by subsections (b), (c), and (d) take effect on the date that is 90 days after the date of the enactment of this Act.

Passed the House of Representatives July 27, 2007. Lorraine C. Miller, Clerk.Jorge E. Sorensen, Deputy Clerk. September 5, 2007 Read the second time and placed on the calendar