II Calendar No. 470 110th CONGRESS 1st Session S. 2302 [Report No. 110–220] IN THE SENATE OF THE UNITED STATES November 2, 2007 Mr. Harkin, from the Committee on Agriculture, Nutrition, and Forestry, reported the following original bill; which was read twice and placed on the calendar A BILL To provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Food and Energy Security Act of 2007. (b)

Table of contents

The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Producer income protection programs Sec. 1001. Definitions. Subtitle A—Traditional payments and loans Part I—Direct payments and counter-cyclical payments Sec. 1101. Base acres and payment acres for a farm. Sec. 1102. Payment yields. Sec. 1103. Availability of direct payments. Sec. 1104. Availability of 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. Special rule for long grain and medium grain rice. Sec. 1108. Period of effectiveness. Part II—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. Adjustments of loans. Part III—Peanuts Sec. 1301. Definitions. Sec. 1302. Base acres for peanuts for a farm. Sec. 1303. Availability of direct payments for peanuts. Sec. 1304. Availability of counter-cyclical payments for peanuts. Sec. 1305. Producer agreement required as condition on provision of direct payments and counter-cyclical payments. Sec. 1306. Planting flexibility. Sec. 1307. Marketing assistance loans and loan deficiency payments for peanuts. Sec. 1308. Adjustments of loans. Subtitle B—Average crop revenue program Sec. 1401. Availability of average crop revenue payments. Sec. 1402. Producer agreement as condition of average crop revenue payments. Sec. 1403. Planting flexibility. Subtitle C—Sugar Sec. 1501. Sugar program. Sec. 1502. Storage facility loans. Sec. 1503. Commodity Credit Corporation storage payments. Sec. 1504. Flexible marketing allotments for sugar. Sec. 1505. Sense of the Senate regarding NAFTA sugar coordination. Subtitle D—Dairy Sec. 1601. Dairy product price support program. Sec. 1602. National dairy market loss payments. Sec. 1603. Dairy export incentive and dairy indemnity programs. Sec. 1604. Funding of dairy promotion and research program. Sec. 1605. Revision of Federal marketing order amendment procedures. Sec. 1606. Dairy forward pricing program. Sec. 1607. Report on Department of Agriculture reporting procedures for nonfat dry milk. Sec. 1608. Federal Milk Marketing Order Review Commission. Sec. 1609. Mandatory reporting of dairy commodities. Subtitle E—Administration Sec. 1701. Administration generally. Sec. 1702. Suspension of permanent price support authority. Sec. 1703. Payment limitations. Sec. 1704. Adjusted gross income limitation. Sec. 1705. Availability of quality incentive payments for certain producers. Sec. 1706. Hard white wheat development program. Sec. 1707. Durum wheat quality program. Sec. 1708. Storage facility loans. Sec. 1709. Personal liability of producers for deficiencies. Sec. 1710. Extension of existing administrative authority regarding loans. Sec. 1711. Assignment of payments. Sec. 1712. Cotton classification services. Sec. 1713. Designation of States for cotton research and promotion. Sec. 1714. Government publication of cotton price forecasts. Sec. 1715. State, county, and area committees. Sec. 1716. Prohibition on charging certain fees. Sec. 1717. Signature authority. Sec. 1718. Modernization of Farm Service Agency. Sec. 1719. Geospatial systems. Sec. 1720. Leasing office space. Sec. 1721. Repeals. Subtitle F—Specialty crop programs Sec. 1801. Definitions. Part I—Marketing, information, and education Sec. 1811. Fruit and vegetable market news allocation. Sec. 1812. Farmers’ market promotion program. Sec. 1813. Food safety initiatives. Sec. 1814. Census of specialty crops. Part II—Organic production Sec. 1821. Organic data collection and price reporting. Sec. 1822. Exemption of certified organic products from assessments. Sec. 1823. National Organic Certification Cost Share Program. Sec. 1824. National organic program. Part III—International trade Sec. 1831. Foreign market access study and strategy plan. Sec. 1832. Market access program. Sec. 1833. Technical assistance for specialty crops. Sec. 1834. Consultations on sanitary and phytosanitary restrictions for fruits and vegetables. Part IV—Specialty crops competitiveness Sec. 1841. Specialty crop block grants. Sec. 1842. Grant program to improve movement of specialty crops. Sec. 1843. Healthy Food Enterprise Development Center. Part V—Miscellaneous Sec. 1851. Clean plant network. Sec. 1852. Market loss assistance for asparagus producers. Sec. 1853. Mushroom promotion, research, and consumer information. Sec. 1854. National Honey Board. Sec. 1855. Identification of honey. Sec. 1856. Expedited marketing order for Hass avocados for grades and standards and other purposes. Subtitle G—Risk management Sec. 1901. Definition of organic crop. Sec. 1902. General powers. Sec. 1903. Reduction in loss ratio. Sec. 1904. Controlled business insurance. Sec. 1905. Administrative fee. Sec. 1906. Time for payment. Sec. 1907. Surcharge prohibition. Sec. 1908. Premium reduction plan. Sec. 1909. Denial of claims. Sec. 1910. Measurement of farm-stored commodities. Sec. 1911. Reimbursement rate. Sec. 1912. Renegotiation of standard reinsurance agreement. Sec. 1913. Change in due date for Corporation payments for underwriting gains. Sec. 1914. Access to data mining information. Sec. 1915. Producer eligibility. Sec. 1916. Contracts for additional crop policies. Sec. 1917. Research and development. Sec. 1918. Funding from insurance fund. Sec. 1919. Camelina pilot program. Sec. 1920. Risk management education for beginning farmers or ranchers. Sec. 1921. Agricultural management assistance. Sec. 1922. Crop insurance mediation. Sec. 1923. Drought coverage for aquaculture under noninsured crop assistance program. Sec. 1924. Increase in service fees for noninsured crop assistance program. Sec. 1925. Determination of certain sweet potato production. Sec. 1926. Perennial crop report. TITLE II—Conservation Subtitle A—Definitions Sec. 2001. Definitions. Subtitle B—Highly erodible land conservation Sec. 2101. Review of good faith determinations; exemptions. Subtitle C—Wetland conservation Sec. 2201. Review of good faith determinations. Subtitle D—Agricultural resources conservation program Chapter 1—Comprehensive conservation enhancement SUBCHAPTER A—Comprehensive conservation enhancement program Sec. 2301. Reauthorization and expansion of programs covered. SUBCHAPTER B—Conservation reserve Sec. 2311. Conservation reserve program. Sec. 2312. Flooded farmland program. Sec. 2313. Wildlife habitat program. SUBCHAPTER C—Wetlands Reserve Program Sec. 2321. Wetlands reserve program. Sec. 2322. Easements and agreements. Sec. 2323. Payments. SUBCHAPTER D—Healthy forests reserve program Sec. 2331. Healthy forests reserve program. SUBCHAPTER D—Healthy forests reserve program Sec. 1237M. Establishment of healthy forests reserve program. Sec. 1237N. Eligibility and enrollment of lands in program. Sec. 1237O. Restoration plans. Sec. 1237P. Financial assistance. Sec. 1237Q. Technical assistance. Sec. 1237R. Protections and measures. Sec. 1237S. Involvement by other agencies and organizations. Sec. 1237T. Authorization of appropriations. Chapter 2—Comprehensive stewardship incentives program SUBCHAPTER A—General provisions Sec. 2341. Comprehensive stewardship incentives program. Chapter 6—Comprehensive stewardship incentives program SUBCHAPTER A—Comprehensive stewardship incentives program Sec. 1240T. Comprehensive stewardship incentives program. SUBCHAPTER B—Conservation stewardship program Sec. 1240U. Purposes. Sec. 1240V. Definitions. Sec. 1240W. Establishment of program. Sec. 1240X. Eligibility. Sec. 1240Y. Regulations. SUBCHAPTER B—Environmental quality incentives program Sec. 2351. Purposes. Sec. 2352. Definitions. Sec. 2353. Establishment and administration of environmental quality incentives program. Sec. 2354. Evaluation of offers and payments. Sec. 2355. Duties of producers. Sec. 2356. Environmental quality incentives program plan. Sec. 2357. Limitation on payments. Sec. 2358. Conservation innovation grants. Sec. 2359. Ground and surface water conservation. Sec. 2360. Organic conversion. Sec. 2361. Chesapeake Bay watershed conservation program. Chapter 3—Farmland protection SUBCHAPTER A—Farmland protection program Sec. 2371. Farmland protection program. SUBCHAPTER B—Grassland reserve program Sec. 2381. Grassland reserve program. SUBCHAPTER C—Grassland reserve program Sec. 1238N. Definitions. Sec. 1238O. Grassland reserve program. Sec. 1238P. Duties. Sec. 1238Q. Terms and conditions. Chapter 4—Other conservation programs Sec. 2391. Conservation security program. Sec. 2392. Conservation of private grazing land. Sec. 2393. Reauthorization of wildlife habitat incentive program. Sec. 2394. Grassroots source water protection program. Sec. 2395. Great Lakes basin program for soil erosion and sediment control. Sec. 2396. Farm viability program. Sec. 2397. Discovery watershed demonstration program. Sec. 2398. Emergency landscape restoration program. Sec. 2399. Voluntary public access and habitat incentive program. Subtitle E—Funding and administration Sec. 2401. Funding and administration. Sec. 2402. Regional equity. Sec. 2403. Conservation access. Sec. 2404. Delivery of technical assistance. Sec. 2405. Administrative requirements for conservation programs. Sec. 2406. Conservation programs in environmental services markets. Subtitle F—State technical committees Sec. 2501. State technical committees. Subtitle G—Other authorities Sec. 2601. Agricultural management assistance. Sec. 2602. Agriculture conservation experienced services program. Sec. 2603. Technical assistance. Sec. 2604. Small watershed rehabilitation program. Sec. 2605. Resource conservation and development program. Sec. 2606. National Natural Resources Conservation Foundation. Sec. 2607. Desert Terminal Lakes. Sec. 2608. Crop insurance ineligibility relating to crop production on native sod. Sec. 2609. High Plains water study. Sec. 2610. Payment of expenses. Sec. 2611. Use of funds in Basin funds for salinity control activities upstream of Imperial Dam. Sec. 2612. Great Lakes Commission. Sec. 2613. Technical corrections to the Federal Insecticide, Fungicide, and Rodenticide Act. TITLE III—Trade Subtitle A—Food for Peace Act Sec. 3001. Short title. Sec. 3002. United States policy. Sec. 3003. Food aid to developing countries. Sec. 3004. Trade and development assistance. Sec. 3005. Agreements regarding eligible countries and private entities. Sec. 3006. Use of local currency payments. Sec. 3007. General authority. Sec. 3008. Provision of agricultural commodities. Sec. 3009. Microenterprise activities. Sec. 3010. Levels of assistance. Sec. 3011. Food Aid Consultative Group. Sec. 3012. Administration. Sec. 3013. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods. Sec. 3014. Pilot program for local purchase. Sec. 3015. General authorities and requirements. Sec. 3016. Use of Commodity Credit Corporation. Sec. 3017. Administrative provisions. Sec. 3018. Expiration date. Sec. 3019. Authorization of appropriations. Sec. 3020. Micronutrient fortification programs. Sec. 3021. Germplasm conservation. Sec. 3022. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program. Subtitle B—Agricultural Trade Act of 1978 and Related Statutes Sec. 3101. Nongovernmental organization participation in the resolution of trade disputes. Sec. 3102. Export credit guarantee program. Sec. 3103. Market access program. Sec. 3104. Export enhancement program. Sec. 3105. Voluntary certification of child labor status of agricultural imports. Sec. 3106. Foreign market development cooperator program. Sec. 3107. Food for Progress Act of 1985. Sec. 3108. McGovern-Dole International Food for Education and Child Nutrition Program. Subtitle C—Miscellaneous Sec. 3201. Bill Emerson Humanitarian Trust. Sec. 3202. Emerging markets and facility guarantee loan program. Sec. 3203. Biotechnology and agricultural trade program. Sec. 3204. Technical assistance for the resolution of trade disputes. TITLE IV—Nutrition programs Subtitle A—Food and nutrition program Part I—Renaming of food stamp program Sec. 4001. Renaming of food stamp program. Part II—Improving program benefits Sec. 4101. Exclusion of certain military payments from income. Sec. 4102. Strengthening the food purchasing power of low-income Americans. Sec. 4103. Supporting working families with child care expenses. Sec. 4104. Encouraging retirement and education savings among food stamp recipients. Sec. 4105. Facilitating simplified reporting. Sec. 4106. Accrual of benefits. Sec. 4107. Eligibility for unemployed adults. Sec. 4108. Transitional benefits option. Sec. 4109. Minimum benefit. Sec. 4110. Availability of commodities for the emergency food assistance program. Part III—Improving program operations Sec. 4201. Technical clarification regarding eligibility. Sec. 4202. Issuance and use of program benefits. Sec. 4203. Clarification of split issuance. Sec. 4204. State option for telephonic signature. Sec. 4205. Privacy protections. Sec. 4206. Study on comparable access to food and nutrition assistance for Puerto Rico. Sec. 4207. Civil rights compliance. Sec. 4208. Employment, training, and job retention. Sec. 4209. Codification of access rules. Sec. 4210. Expanding the use of EBT cards at farmers’ markets. Sec. 4211. Review of major changes in program design. Sec. 4212. Preservation of access and payment accuracy. Sec. 4213. Nutrition education. Part IV—Improving program integrity Sec. 4301. Major systems failures. Sec. 4302. Performance standards for biometric identification technology. Sec. 4303. Civil penalties and disqualification of retail food stores and wholesale food concerns. Sec. 4304. Funding of employment and training programs. Sec. 4305. Eligibility disqualification. Part V—Miscellaneous Sec. 4401. Definition of staple foods. Sec. 4402. Accessory food items. Sec. 4403. Pilot projects to evaluate health and nutrition promotion in the food and nutrition program. Sec. 4404. Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows. Sec. 4405. Hunger-free communities. Sec. 4406. State performance on enrolling children receiving program benefits for free school meals. Subtitle B—Food distribution program on Indian reservations Sec. 4501. Assessing the nutritional value of the FDPIR food package. Subtitle C—Administration of emergency food assistance program and commodity supplemental food program Sec. 4601. Emergency food assistance. Sec. 4602. Commodity supplemental food program. Subtitle D—Senior farmers' market nutrition program Sec. 4701. Exclusion of benefits in determining eligibility for other programs. Sec. 4702. Prohibition on collection of sales tax. Subtitle E—Reauthorization of Federal food assistance programs Sec. 4801. Food and nutrition program. Sec. 4802. Commodity distribution. Sec. 4803. Nutrition information and awareness pilot program. Subtitle F—Miscellaneous Sec. 4901. Purchases of locally grown fruits and vegetables. Sec. 4902. Healthy food education and program replicability. Sec. 4903. Fresh fruit and vegetable program. Sec. 4904. Buy American requirements. Sec. 4905. Minimum purchases of fruits, vegetables, and nuts through section 32 to support domestic nutrition assistance programs. Sec. 4906. Conforming amendments to renaming of food stamp program. Sec. 4907. Effective and implementation dates. Sec. 4908. Application. TITLE V—Credit Subtitle A—Farm ownership loans Sec. 5001. Direct loans. Sec. 5002. Purposes of loans. Sec. 5003. Soil and water conservation and protection. Sec. 5004. Limitations on amount of farm ownership loans. Sec. 5005. Down payment loan program. Sec. 5006. Beginning farmer or rancher contract land sales program. Subtitle B—Operating loans Sec. 5101. Farming experience as eligibility requirement. Sec. 5102. Limitations on amount of operating loans. Sec. 5103. Limitation on period borrowers are eligible for guaranteed assistance. Subtitle C—Administrative provisions Sec. 5201. Beginning farmer and rancher individual development accounts pilot program. Sec. 5202. Inventory sales preferences; loan fund set-asides. Sec. 5203. Transition to private commercial or other sources of credit. Sec. 5204. Loan authorization levels. Sec. 5205. Interest rate reduction program. Sec. 5206. Deferral of shared appreciation recapture amortization. Sec. 5207. Rural development, housing, and farm loan program activities. Subtitle D—Farm Credit Sec. 5301. Authority to pass along cost of insurance premiums. Sec. 5302. Technical correction. Sec. 5303. Confirmation of Chairman. Sec. 5304. Premiums. Sec. 5305. Certification of premiums. Sec. 5306. Rural utility loans. Sec. 5307. Equalization of loan-making powers of certain district associations. Subtitle E—Miscellaneous Sec. 5401. Loans to purchasers of highly fractioned land. Sec. 5402. Determination on merits of Pigford claims. Sec. 5403. Sense of the Senate relating to claims brought by socially disadvantaged farmers or ranchers. Sec. 5404. Eligibility of equine farmers and ranchers for emergency loans. TITLE VI—Rural development and investment Subtitle A—Consolidated Farm and Rural Development Act Sec. 6001. Water, waste disposal, and wastewater facility grants. Sec. 6002. Rural business opportunity grants. Sec. 6003. Child day care facility grants, loans, and loan guarantees. Sec. 6004. Rural water and wastewater circuit rider program. Sec. 6005. Multijurisdictional regional planning organizations. Sec. 6006. Rural hospital loans and loan guarantees. Sec. 6007. Tribal college and university essential community facilities. Sec. 6008. Community facility loans and grants for freely associated States and outlying areas. Sec. 6009. Priority for community facility loan and grant projects with high non-Federal share. Sec. 6010. SEARCH grants. Sec. 6011. Emergency and imminent community water assistance grant program. Sec. 6012. Water systems for rural and native villages in Alaska. Sec. 6013. Grants to develop wells in rural areas. Sec. 6014. Cooperative equity security guarantee. Sec. 6015. Rural cooperative development grants. Sec. 6016. Grants to broadcasting systems. Sec. 6017. Locally-produced agricultural food products. Sec. 6018. Center for Healthy Food Access and Enterprise Development. Sec. 6019. Appropriate technology transfer for rural areas. Sec. 6020. Rural economic area partnership zones. Sec. 6021. Definitions. Sec. 6022. Rural microenterprise assistance program. Sec. 6023. Artisanal cheese centers. Sec. 6024. National Rural Development Partnership. Sec. 6025. Historic barn preservation. Sec. 6026. Grants for NOAA weather radio transmitters. Sec. 6027. Grants to train farm workers in new technologies and to train farm workers in specialized skills necessary for higher value crops. Sec. 6028. Grants for expansion of employment opportunities for individuals with disabilities in rural areas. Sec. 6029. Delta Regional Authority. Sec. 6030. Northern Great Plains Regional Authority. Sec. 6031. Rural business investment program. Sec. 6032. Rural collaborative investment program. Sec. 6033. Funding of pending rural development loan and grant applications. Subtitle B—Rural Electrification Act of 1936 Sec. 6101. Energy efficiency programs. Sec. 6102. Loans and grants for electric generation and transmission. Sec. 6103. Fees for electrification baseload generation loan guarantees. Sec. 6104. Deferment of payments to allow loans for improved energy efficiency and demand reduction. Sec. 6105. Rural electrification assistance. Sec. 6106. Guarantees for bonds and notes issued for electrification or telephone purposes. Sec. 6107. Expansion of 911 access. Sec. 6108. Electric loans to rural electric cooperatives. Sec. 6109. Agency procedures. Sec. 6110. Access to broadband telecommunications services in rural areas. Sec. 6111. Substantially underserved trust areas. Sec. 6112. Study of Federal assistance for broadband infrastructure. Subtitle C—Connect the Nation Act Sec. 6201. Short title. Sec. 6202. Grants to encourage State initiatives to improve broadband service. Subtitle D—Food, Agriculture, Conservation, and Trade Act of 1990 Sec. 6301. Rural electronic commerce extension program. Sec. 6302. Telemedicine, library connectivity, public television, and distance learning services in rural areas. Subtitle E—Miscellaneous Sec. 6401. Value-added agricultural product market development grants. Sec. 6402. Study of railroad issues. Sec. 6403. Insurance of loans for housing and related facilities for domestic farm labor. TITLE VII—Research and related matters Subtitle A—National Agricultural Research, Extension, and Teaching Policy Act of 1977 Sec. 7001. Definitions. Sec. 7002. National Agricultural Research, Extension, Education, and Economics Advisory Board. Sec. 7003. Veterinary medicine loan repayment. Sec. 7004. Eligibility of University of the District of Columbia for grants and fellowships for food and agricultural sciences education. Sec. 7005. Grants to 1890 Institutions to expand extension capacity. Sec. 7006. Expansion of food and agricultural sciences awards. Sec. 7007. Grants and fellowships for food and agricultural sciences education. Sec. 7008. Grants for research on production and marketing of alcohols and industrial hydrocarbons from agricultural commodities and forest products. Sec. 7009. Policy research centers. Sec. 7010. Human nutrition intervention and health promotion research program. Sec. 7011. Pilot research program to combine medical and agricultural research. Sec. 7012. Nutrition education program. Sec. 7013. Continuing animal health and disease research programs. Sec. 7014. Appropriations for research on national or regional problems. Sec. 7015. Animal health and disease research program. Sec. 7016. Authorization level for extension at 1890 land-grant colleges. Sec. 7017. Authorization level for agricultural research at 1890 land-grant colleges. Sec. 7018. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University. Sec. 7019. Grants to upgrade agriculture and food sciences facilities at the District of Columbia land grant university. Sec. 7020. National research and training virtual centers. Sec. 7021. Matching funds requirement for research and extension activities of 1890 Institutions. Sec. 7022. Hispanic-serving institutions. Sec. 7023. Hispanic-serving agricultural colleges and universities. Sec. 7024. International agricultural research, extension, and education. Sec. 7025. Competitive grants for international agricultural science and education programs. Sec. 7026. Indirect costs. Sec. 7027. Research equipment grants. Sec. 7028. University research. Sec. 7029. Extension Service. Sec. 7030. Supplemental and alternative crops. Sec. 7031. Aquaculture research facilities. Sec. 7032. Rangeland research. Sec. 7033. Special authorization for biosecurity planning and response. Sec. 7034. Resident instruction and distance education grants program for insular area institutions of higher education. Sec. 7035. Farm management training and public farm benchmarking database. Sec. 7036. Tropical and subtropical agricultural research. Sec. 7037. Regional centers of excellence. Sec. 7038. National Drought Mitigation Center. Sec. 7039. Agricultural development in the American-Pacific region. Sec. 7040. Borlaug international agricultural science and technology fellowship program. Sec. 7041. New Era Rural Technology Program. Sec. 7042. Farm and ranch stress assistance network. Sec. 7043. Rural entrepreneurship and enterprise facilitation program. Sec. 7044. Seed distribution. Sec. 7045. Farm and ranch safety. Sec. 7046. Women and minorities in STEM fields. Sec. 7047. Natural products research program. Sec. 7048. International anti-hunger and nutrition program. Sec. 7049. Consortium for Agricultural and Rural Transportation Research and Education. Subtitle B—Food, Agriculture, Conservation, and Trade Act of 1990 Sec. 7101. National genetic resources program. Sec. 7102. High-priority research and extension initiatives. Sec. 7103. Nutrient management research and extension initiative. Sec. 7104. Organic agriculture research and extension initiative. Sec. 7105. Agricultural telecommunications program. Sec. 7106. Assistive technology program for farmers with disabilities. Sec. 7107. National Rural Information Center Clearinghouse. Subtitle C—Agricultural Research, Extension, and Education Reform Act of 1998 Sec. 7201. Initiative for Future Agriculture and Food Systems. Sec. 7202. Partnerships for high-value agricultural product quality research. Sec. 7203. Precision agriculture. Sec. 7204. Biobased products. Sec. 7205. Thomas Jefferson initiative for crop diversification. Sec. 7206. Integrated research, education, and extension competitive grants program. Sec. 7207. Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica. Sec. 7208. Bovine Johne’s disease control program. Sec. 7209. Grants for youth organizations. Sec. 7210. Agricultural biotechnology research and development for developing countries. Sec. 7211. Specialty crop research initiative. Sec. 7212. Office of Pest Management Policy. Sec. 7213. Food animal residue avoidance database program. Subtitle D—Other laws Sec. 7301. Critical Agricultural Materials Act. Sec. 7302. Equity in Educational Land-Grant Status Act of 1994. Sec. 7303. Smith-Lever Act. Sec. 7304. Hatch Act of 1887. Sec. 7305. Research Facilities Act. Sec. 7306. National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1985. Sec. 7307. Competitive, Special, and Facilities Research Grant Act. Sec. 7308. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions. Sec. 7309. Beginning farmer and rancher development program. Sec. 7310. McIntire-Stennis Cooperative Forestry Act. Sec. 7311. National Aquaculture Act of 1980. Sec. 7312. National Arboretum. Sec. 7313. Eligibility of University of the District of Columbia for certain land-grant university assistance. Sec. 7314. Exchange or sale authority. Sec. 7315. Carbon cycle research. Subtitle E—National Institute of Food and Agriculture Sec. 7401. National Institute of Food and Agriculture. Sec. 7402. Coordination of Agricultural Research Service and National Institute of Food and Agriculture. Subtitle F—Miscellaneous Sec. 7501. Joint nutrition monitoring and related research activities. Sec. 7502. Demonstration project authority for temporary positions. Sec. 7503. Review of plan of work requirements. Sec. 7504. Study and report on access to nutritious foods. TITLE VIII—FORESTRY Subtitle A—Cooperative Forestry Assistance Act of 1978 Sec. 8001. National priorities for private forest conservation. Sec. 8002. Community forest and open space conservation program. Sec. 8003. Federal, State, and local coordination and cooperation. Sec. 8004. Comprehensive statewide forest planning. Sec. 8005. Assistance to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. Subtitle B—Tribal-Forest Service Cooperative Relations Sec. 8101. Definitions. Part I—Collaboration between Indian tribes and Forest Service Sec. 8111. Forest Legacy Program. Sec. 8112. Forestry and resource management assistance for Indian tribes. Part II—Cultural and heritage cooperation authority Sec. 8121. Purposes. Sec. 8122. Definitions. Sec. 8123. Reburial of human remains and cultural items. Sec. 8124. Temporary closure for traditional and cultural purposes. Sec. 8125. Forest products for traditional and cultural purposes. Sec. 8126. Prohibition on disclosure. Sec. 8127. Severability and savings provisions. Subtitle C—Amendments to other laws Sec. 8201. Renewable resources extension activities. Sec. 8202. Office of International Forestry. TITLE IX—Energy Sec. 9001. Energy. TITLE IX—Energy Sec. 9001. Definitions. Sec. 9002. Biobased markets program. Sec. 9003. Biodiesel fuel education. Sec. 9004. Biomass crop transition. Sec. 9005. Biorefinery and repowering assistance. Sec. 9006. Bioenergy program for advanced biofuels. Sec. 9007. Rural Energy for America Program. Sec. 9008. Biomass Research and Development Act of 2000. Sec. 9009. Sun grant program. Sec. 9010. Regional biomass crop experiments. Sec. 9011. Biochar research, development, and demonstration. Sec. 9012. Renewable woody biomass for energy. Sec. 9013. Community wood energy program. Sec. 9014. Rural energy systems renewal. Sec. 9015. Voluntary renewable biomass certification program. Sec. 9016. Administration. Sec. 9017. Biofuels infrastructure study. Sec. 9018. Rural nitrogen fertilizer study. Sec. 9019. Study of life-cycle analysis of biofuels. Sec. 9020. E-85 fuel program. Sec. 9021. Research and development of renewable energy. Sec. 9022. Northeast dairy nutrient management and energy development program. Sec. 9023. Future farmstead program. Sec. 9002. Sense of the Senate concerning higher levels of ethanol blended gasoline. Sec. 9003. Conforming amendments. TITLE X—Livestock marketing, regulatory, and related programs Subtitle A—Marketing Sec. 10001. Livestock mandatory reporting. Sec. 10002. Grading and inspection. Sec. 10003. Country of origin labeling. Subtitle B—Agricultural Fair Practices Sec. 10101. Definitions. Sec. 10102. Prohibited practices. Sec. 10103. Enforcement. Sec. 10104. Rules and regulations. Subtitle C—Packers and Stockyards Sec. 10201. Special Counsel for Agricultural Competition. Sec. 10202. Investigation of live poultry dealers. Sec. 10203. Production contracts. Sec. 10204. Right to discuss terms of contract. Sec. 10205. Attorneys' fees. Sec. 10206. Appointment of outside counsel. Sec. 10207. Prohibition on packers owning, feeding, or controlling livestock.. Sec. 10208. Regulations. Subtitle D—Related programs Sec. 10301. Sense of Congress regarding pseudorabies eradication program. Sec. 10302. Sense of Congress regarding cattle fever tick eradication program. Sec. 10303. National Sheep and Goat Industry Improvement Center. Sec. 10304. Trichinae certification program. Sec. 10305. Protection of information in the animal identification system. Sec. 10306. Low pathogenic avian influenza. Sec. 10307. Study on bioenergy operations. Sec. 10308. Sense of the Senate on indemnification of livestock producers. TITLE XI—Miscellaneous Subtitle A—Agricultural security Sec. 11011. Definitions. Part I—General authority and interagency coordination Sec. 11021. Policy. Sec. 11022. Interagency coordination. Sec. 11023. Submission of integrated food defense plan. Sec. 11024. Transfer of certain agricultural inspection functions of Department. Part II—Agricultural quarantine inspection program improvement Sec. 11031. Definitions. Sec. 11032. Joint Task Force. Sec. 11033. Advisory Board. Sec. 11034. Reports to Congress. Sec. 11035. Port risk committees. Sec. 11036. Emergency response planning at ports of entry. Sec. 11037. Plant pest identification joint plan. Sec. 11038. Liaison officer positions. Part III—Miscellaneous Sec. 11041. Designation and expedited review and approval of qualified agricultural countermeasures. Sec. 11042. Agricultural disease emergency detection and response. Sec. 11043. National plant disease recovery system and national veterinary stockpile. Sec. 11044. Research and development of agricultural countermeasures. Sec. 11045. Veterinary workforce grant program. Sec. 11046. Assistance to build local capacity in agricultural biosecurity planning, preparedness, and response. Sec. 11047. Border inspections of agricultural products. Sec. 11048. Live virus of foot and mouth disease research. Subtitle B—Other programs Sec. 11051. Foreclosure. Sec. 11052. Outreach and technical assistance for socially disadvantaged farmers and ranchers. Sec. 11053. Additional contracting authority. Sec. 11054. Improved program delivery by the Department of Agriculture on Indian reservations. Sec. 11055. Accurate documentation in the census of agriculture and certain studies. Sec. 11056. Improved data requirements. Sec. 11057. Receipt for service or denial of service. Sec. 11058. National Appeals Division. Sec. 11059. Farmworker Coordinator. Sec. 11060. Congressional Bipartisan Food Safety Commission. Sec. 11061. Emergency grants to assist low-income migrant and seasonal farmworkers. Sec. 11062. Grants to reduce production of methamphetamines from anhydrous ammonia. Sec. 11063. Invasive species management, Hawaii. Sec. 11064. Oversight and compliance. Sec. 11065. Report of civil rights complaints, resolutions, and actions. Sec. 11066. Grants to improve supply, stability, safety, and training of agricultural labor force. Sec. 11067. Interstate shipment of meat and poultry inspected by Federal and State agencies for certain small establishments. Sec. 11068. Prevention and investigation of payment and fraud and error. Sec. 11069. Elimination of statute of limitations applicable to collection of debt by administrative offset. Sec. 11070. Stored quantities of propane. Sec. 11071. Closure of certain county FSA offices.

2.

Definition of Secretary

In this Act, the term Secretary means the Secretary of Agriculture.

; (2)by redesignating section 302 as section 301; (3)by striking section 303; (4)in section 401 (7 U.S.C. 5661)— (A)in subsection (a), by striking section 201, 202, or 301 and inserting section 201 or 202; and (B)in subsection (b), by striking sections 201, 202, and 301 and inserting sections 201 and 202; and (5)in section 402(a)(1) (7 U.S.C. 5662(a)(1)), by striking sections 201, 202, 203, and 301 and inserting sections 201, 202, and 203.

3105.

Voluntary certification of child labor status of agricultural imports

Section 414 of the Agricultural Trade Act of 1978 (7 U.S.C. 5674) is amended by adding at the end the following: (d)

Reducing child labor and forced labor

(1)

Definitions

In this subsection: (A)

Child labor

The term child labor means the worst forms of child labor as defined in International Labor Convention 182, the Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, done at Geneva on June 17, 1999. (B)

Forced labor

The term forced labor means all work or service— (i)that is exacted from any individual under menace of any penalty for non-performance of the work or service, and for which the individual does not offer himself or herself voluntarily, by coercion, debt bondage, involuntary servitude (as those terms are defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)); and (ii)by 1 or more individuals who, at the time of production, were being subjected to a severe form of trafficking in persons (as that term is defined in that section). (2)

Development of standard set of practices

(A)

In general

The Secretary, in coordination with the Secretary of Labor, shall develop a standard set of practices for the production of agricultural commodities that are imported, sold, or marketed in the United States in order to reduce the likelihood that the agricultural commodities are produced with the use of forced labor or child labor. (B)

Requirement

The standard set of practices shall be developed in accordance with the requirements of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.). (3)

Requirements

Not later than 3 years after the date of enactment of this subsection, the Secretary shall, with respect to the standard set of practices developed under paragraph (2), promulgate proposed regulations that shall, at a minimum, establish a voluntary certification program to enforce this subsection by— (A)requiring agricultural commodity traceability and inspection at all stages of the supply chain; (B)allowing for multistakeholder participation in the certification process; (C)providing for annual onsite inspection by a certifying agent, who shall be certified in accordance with the International Organization for Standardization Guide 65, of each affected worksite and handling operation; (D)incorporating a comprehensive conflict of interest policy for certifying agents, in accordance with section 2116(h) of the Organic Foods Production Act of 1990 (7 U.S.C. 6515(h)); and (E)providing an anonymous grievance procedure that— (i)is accessible by third parties to allow for the identification of new or continuing violations of the regulations; and (ii)provides protections for whistleblowers. (4)

Reporting requirement

Not later than 180 days after the date of enactment of this subsection, and annually thereafter, 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, a report on the development and implementation of the standard set of practices under this subsection. .

3106.

Foreign market development cooperator program

Section 703(a) of the Agricultural Trade Act of 1978 (7 U.S.C. 5723(a)) is amended by striking amount of $34,500,000 for each of fiscal years 2002 through 2007 and inserting “amount of— (1)$39,500,000 for each of fiscal years 2008 and 2009; (2)$44,500,000 for fiscal year 2010; and (3)$34,500,000 for fiscal year 2011 and each subsequent fiscal year. .

3107.

Food for Progress Act of 1985

The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended— (1)by striking 2007 each place it appears and inserting 2012; (2)in subsection (b)(5)— (A)by striking subparagraphs (A), (B), and (F); (B)in subparagraph (D), by inserting and after the semicolon; (C)in subparagraph (E), by striking ; and and inserting a period; and (D)by redesignating subparagraphs (C), (D), and (E) as subparagraphs (A), (B), and (C), respectively; and (3)in subsection (f), by striking paragraph (3) and inserting the following: (3)

Funding limitations

With respect to eligible commodities made available under section 416(b) of the Agricultural Act of 1949 (42 U.S.C. 1431(b)), unless authorized in advance in appropriation Acts— (A)for each of fiscal years 2008 through 2010, no funds of the Corporation in excess of $48,000,000 (exclusive of the cost of eligible commodities) may be used to carry out this section; and (B)for fiscal year 2011 and each fiscal year thereafter, no funds of the Corporation in excess of $40,000,000 (exclusive of the cost of eligible commodities) may be used to carry out this section. .

3108.

McGovern-Dole International Food for Education and Child Nutrition Program

Section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1) is amended— (1)in subsection (b), by inserting in the Department of Agriculture after establish a program; (2)in subsections (c)(2)(B), (f)(1), (h), (i), and (l)(1) by striking President each place it appears and inserting Secretary; (3)in subsection (d), by striking The President shall designate 1 or more Federal agencies and inserting The Secretary shall; (4)in paragraph (f)(2), by striking implementing agency and inserting Secretary; and (5)in subsection (l)(2), by striking such sums and all that follows through 2007 and inserting $300,000,000 for each of fiscal years 2008 through 2012.

C

Miscellaneous

3201.

Bill Emerson Humanitarian Trust

Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1) is amended— (1)in subsection (a), by striking a trust stock and all that follows through the end of the subsection and inserting the following: a trust of commodities, for use as described in subsection (c), to consist of—(1)quantities equivalent to not more than 4,000,000 metric tons of commodities; or (2)any combination of funds and commodities equivalent to not more than 4,000,000 metric tons of commodities. ; (2)in subsection (b)— (A)in paragraph (1)— (i)in subparagraph (B)— (I)by striking replenish each place it appears and inserting reimburse; and (II)by striking replenished and inserting reimbursed; and (ii)by striking subparagraph (D) and inserting the following: (D)funds made available— (i)under paragraph (2)(B); (ii)as a result of an exchange of any commodity held in the trust for an equivalent amount of funds from— (I)the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.); (II)the McGovern-Dole International Food for Education and Child Nutrition Program established under section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1); or (III)the market, if the Secretary determines that such a sale of the commodity on the market will not unduly disrupt domestic markets; and (iii)in the course of management of the trust or to maximize the value of the trust, in accordance with subsection (d)(3). ; and (B)in paragraph (2)(B)— (i)in the matter preceding clause (i), by striking replenish and inserting reimburse; (ii)in clause (i)— (I)by striking 2007 each place it appears and inserting 2012; (II)by striking (c)(2) and inserting (c)(1); and (III)by striking and at the end; (iii)in clause (ii), by striking the period at the end and inserting ; or; and (iv)by adding at the end the following: (iii)from funds accrued through the management of the trust under subsection (d). ; (3)in subsection (c)— (A)by striking paragraphs (1) and (2) and inserting the following: (1)

Releases for emergency assistance

(A)

Definition of emergency

(i)

In general

In this paragraph, the term emergency means an urgent situation— (I)in which there is clear evidence that an event or series of events described in clause (ii) has occurred— (aa)that causes human suffering or imminently threatens human lives or livelihoods; and (bb)for which a government concerned has not the means to remedy; or (II)created by a demonstrably abnormal event or series of events that produces dislocation in the lives of residents of a country or region of a country on an exceptional scale. (ii)

Event or series of events

An event or series of events referred to in clause (i) includes 1 or more of— (I)a sudden calamity, such as an earthquake, flood, locust infestation, or similar unforeseen disaster; (II)a human-made emergency resulting in— (aa)a significant influx of refugees; (bb)the internal displacement of populations; or (cc)the suffering of otherwise affected populations; (III)food scarcity conditions caused by slow-onset events, such as drought, crop failure, pest infestation, and disease, that result in an erosion of the ability of communities and vulnerable populations to meet food needs; and (IV)severe food access or availability conditions resulting from sudden economic shocks, market failure, or economic collapse, that result in an erosion of the ability of communities and vulnerable populations to meet food needs. (B)

Releases

(i)

In general

Any funds or commodities held in the trust may be released to provide assistance under title II of the Food for Peace Act (7 U.S.C. 1721 et seq.)— (I)to meet emergency needs, including during the period immediately preceding the emergency; (II)to respond to an emergency; or (III)for recovery and rehabilitation after an emergency. (ii)

Procedure

Subject to subparagraph (B), a release under clause (i) shall be carried out in the same manner, and pursuant to the same authority as provided in title II of that Act. (C)

Insufficiency of other funds

The funds and commodities held in the trust shall be made immediately available on a determination by the Administrator that funds available for emergency needs under title II of that Act (7 U.S.C. 1721 et seq.) for a fiscal year are insufficient to meet emergency needs during the fiscal year. ; and (B)by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (4)in subsection (d)— (A)by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting the subparagraphs appropriately; (B)by striking the subsection designation and heading and all that follows through provide— and inserting the following: (d)

Management of trust

(1)

In general

The Secretary shall provide for the management of eligible commodities and funds held in the trust in a manner that is consistent with maximizing the value of the trust, as determined by the Secretary. (2)

Eligible commodities

The Secretary shall provide— ; (C)in paragraph (2) (as redesignated by subparagraph (B))— (i)in subparagraph (B) (as redesignated by subparagraph (A)), by striking and at the end; (ii)in subparagraph (C) (as redesignated by subparagraph (A)), by striking the period at the end and inserting ; and; and (iii)by adding at the end the following: (D)for the management of price risks associated with commodities held or potentially held in the trust. ; and (D)by adding at the end the following: (3)

Funds

(A)

Requirement

The Secretary shall maximize the value of funds held in the trust, to the maximum extent practicable. (B)

Releases on emergency

If any commodity is released from the trust in the case of an emergency under subsection (c), the Secretary shall transfer to the trust funds of the Commodity Credit Corporation in an amount equal to, as determined by the Secretary, the amount of storage charges that will be saved by Commodity Credit Corporation due to the emergency release. (C)

Exchanges

If any commodity held in the trust is exchanged for funds under subsection (b)(1)(D)(ii)— (i)the funds shall be held in the trust until the date on which the funds are released in the case of an emergency under subsection (c); and (ii)the Secretary shall transfer to the trust funds of the Commodity Credit Corporation in an amount equal to, as determined by the Secretary, the amount of storage charges that will be saved by Commodity Credit Corporation due to the exchange. (D)

Investment

The Secretary— (i)may invest funds held in the trust in any short-term obligation of the United States or any other low-risk short-term instrument or security insured by the Federal Government in which a regulated insurance company may invest under the laws of the District of Columbia; and (ii)shall not invest any funds held in the trust in real estate. ; (5)in subsection (f)(2)(A), by striking replenish and inserting reimburse; and (6)in subsection (h)— (A)in paragraph (1), by striking replenish and inserting reimburse; and (B)in each of paragraphs (1) and (2), by striking 2007 each place it appears and inserting 2012.

3202.

Emerging markets and facility guarantee loan program

Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101–624) is amended— (1)in subsection (a), by striking 2007 and inserting 2012; (2)in subsection (b)— (A)in the first sentence, by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B)by striking A portion and inserting the following: (1)

In general

A portion ; (C)in the second sentence, by striking The Commodity Credit Corporation and inserting the following: (2)

Priority

The Commodity Credit Corporation ; and (D)by adding at the end the following: (3)

Construction waiver

The Secretary may waive any applicable requirements relating to the use of United States goods in the construction of a proposed facility, if the Secretary determines that— (A)goods from the United States are not available; or (B)the use of goods from the United States is not practicable. (4)

Term of guarantee

A facility payment guarantee under this subsection shall be for a term that is not more than the lesser of— (A)the term of the depreciation schedule of the facility assisted; or (B)20 years. ; and (3)in subsection (d)(1)(A)(i) by striking 2007 and inserting 2012.

3203.

Biotechnology and agricultural trade program

Section 1543A(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5679(d)) is amended by striking 2007 and inserting 2012.

3204.

Technical assistance for the resolution of trade disputes

(a)

In general

The Secretary may provide monitoring, analytic support, and other technical assistance to limited resource persons that are involved in trading agricultural commodities, as determined by the Secretary, to reduce trade barriers to the persons. (b)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

.

9002.

Sense of the Senate concerning higher levels of ethanol blended gasoline

(a)

Findings

The Senate finds that, as of the date of enactment of this Act— (1)annual ethanol production capacity totals 6,800,000,000 gallons; (2)current and planned construction of ethanol refineries will likely increase annual ethanol production capacity to 12,000,000,000 to 13,000,000,000 gallons by December 31, 2009; (3)under existing regulations, only gasoline blended with up to 10 percent ethanol (commonly known as E–10) may be consumed by nonflexible fuel vehicles; (4)the total market demand for E–10— (A)is limited to 10 percent of domestic motor fuel consumption; and (B)is further constrained by State-administered reformulated gasoline regulations and regional infrastructure constraints; (5)beyond the market demand for E–10, insufficient E–85 infrastructure exists to absorb the increased ethanol production beyond 12,000,000,000 to 13,000,000,000 gallons in the short term; (6)the approval of intermediate blends of ethanol-blended gasoline, such as E–13, E–15, E–20, and higher blends, is critical to the uninterrupted growth of the United States biofuels industry; and (7)maintaining the growth of the United States biofuels industry is a matter of national security and sustainable economic growth. (b)

Sense of the Senate

It is the sense of the Senate that the Secretary should— (1)collaborate with the Secretary of Energy, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency in conducting a study of the economic and environmental effects of intermediate blends of ethanol in United States fuel supply; (2)ensure that the approval of intermediate blends of ethanol occurs after the appropriate tests have successfully concluded proving the drivability, compatibility, emissions, durability, and health effects of higher blends of ethanol-blended gasoline; and (3)ensure that the approval of intermediate blends of ethanol-blended gasoline occurs by not later than 1 year after the date of enactment of this Act.

9003.

Conforming amendments

(a)

Biomass Research and Development Act of 2000

Title III of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 7624 note; Public Law 106–224) is repealed. (b)

Marketing program for biobased products

(1)

Implementation

(A)

In general

The Secretary shall continue to carry out the designation and labeling of biobased products in accordance with section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) as in effect on the day before the date of enactment of this Act until the date on which the Secretary is able to begin carrying out section 9002(a) of that Act (as amended by section 9001), which shall begin not later than 90 days after the date of enactment of this Act. (B)

Existing listings

Biobased products designated and labeled under section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) as in effect on the day before the date of enactment of this Act shall continue to be considered designated and labeled biobased products after the date of enactment of this Act. (C)

Proposed item designations

Notwithstanding any other provision of this Act or an amendment made by this Act, the Secretary shall have the authority to finalize the listings of any item proposed (prior to the date of enactment of this Act) to be designated in accordance with section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) as in effect on the day before the date of enactment of this Act. (2)

Bioenergy education and awareness campaign

Section 947 of the Energy Policy Act of 2005 (42 U.S.C. 16256) is repealed.

; and (2)by inserting after section 2 (7 U.S.C. 183) the following: B

Special Counsel for Agricultural Competition

11.

Special Counsel for Agricultural Competition

(a)

Establishment

(1)

In general

There is established within the Department of Agriculture an office to be known as the Office of Special Counsel for Agricultural Competition (referred to in this section as the Office). (2)

Duties

The Office shall— (A)have responsibility for all duties and functions of the Packers and Stockyards programs of the Department of Agriculture; (B)investigate and prosecute violations of this Act and the Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et seq.); (C)serve as a liaison between, and act in consultation with, the Department of Agriculture, the Department of Justice, and the Federal Trade Commission with respect to competition and trade practices in the food and agricultural sector; and (D)maintain a staff of attorneys and other professionals with the appropriate expertise. (b)

Special Counsel for Agricultural Competition

(1)

In general

The Office shall be headed by the Special Counsel for Agricultural Competition (referred to in this section as the Special Counsel), who shall be appointed by the President, by and with the advice and consent of the Senate. (2)

Independence of Special Authority

(A)

In general

The Special Counsel shall report to and be under the general supervision of the Secretary. (B)

Direction, control, and support

The Special Counsel shall be free from the direction and control of any person in the Department of Agriculture other than the Secretary. (C)

Prohibition on delegation

The Secretary may not delegate any duty described in subsection (a)(2) to any other officer or employee of the Department other than the Special Counsel. (D)

Reporting requirement

(i)

In general

Twice each year, the Special Counsel 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 that shall include, for the relevant reporting period, a description of— (I)the number of complaints that the Special Counsel has received and closed; (II)(aa)the number of investigations and civil and administrative actions that the Special Counsel has initiated, carried out, and completed, including the number of notices given to regulated entities for violations of this Act or the Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et seq.); (bb)the number and types of decisions agreed to; and (cc)the number of stipulation agreements; and (III)the number of investigations and civil and administrative actions that the Secretary objected to or prohibited from being carried out, and the stated purpose of the Secretary for each objection or prohibition. (ii)

Requirement

The basis for each complaint, investigation, or civil or administrative action described in a report under clause (i) shall— (I)be organized by species; and (II)indicate if the complaint, investigation, or civil or administration action was for anti-competitive, unfair, or deceptive practices under this Act or was a violation of the Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et seq.). (E)

Removal

(i)

In general

The Special Counsel may be removed from office by the President. (ii)

Communication

The President shall communicate the reasons for any such removal to both Houses of Congress. (3)

Prosecutorial Authority

Subject to paragraph (4), the Special Counsel may commence, defend, or intervene in, and supervise the litigation of, any civil or administrative action authorized under this Act or the Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et seq.). (4)

Procedure for exercise of authority to litigate or appeal

(A)

In general

Prior to commencing, defending, or intervening in any civil action under this Act or the Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et seq.), the Special Counsel shall give written notification to, and attempt to consult with, the Attorney General with respect to the proposed action. (B)

Failure to respond

If, not later than 45 days after the date of provision of notification under subparagraph (A), the Attorney General has failed to commence, defend, or intervene in the proposed action, the Special Counsel may commence, defend, or intervene in, and supervise the litigation of, the action and any appeal of the action in the name of the Special Counsel. (C)

Authority of Attorney General to intervene

Nothing in this paragraph precludes the Attorney General from intervening on behalf of the United States in any civil action under this Act or the Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et seq.), or in any appeal of such action, as may be otherwise provided by law. (c)

Relationship to other provisions

Nothing in this section modifies or otherwise effects subsections (a) and (b) of section 406.

. (b)

Conforming amendment

Section 5315 of title 5, United States Code, is amended by adding at the end the following: Special Counsel for Agricultural Competition. .

10202.

Investigation of live poultry dealers

(a)

Removal of poultry slaughter requirement from definitions

Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)), is amended— (1)by striking paragraph (8) and inserting the following: (8)

Poultry grower

(A)

In general

The term poultry grower means any person engaged in the business of raising or caring for live poultry under a poultry growing arrangement, regardless of whether the poultry is owned by the person or by another person. (B)

Exclusion

The term poultry grower does not include an employee of the owner of live poultry described in subparagraph (A). ; (2)in paragraph (9), by striking and cares for live poultry for delivery, in accord with another’s instructions, for slaughter and inserting or cares for live poultry in accordance with the instructions of another person; and (3)in paragraph (10), by striking for the purpose of either slaughtering it or selling it for slaughter by another. (b)

Administrative enforcement authority over live poultry dealers

Sections 203, 204, and 205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193, 194, 195), are amended by inserting or live poultry dealer after packer each place it appears. (c)

Authority To request temporary injunction or restraining order

Section 408 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228a), is amended in the first sentence by striking on account of poultry and inserting on account of poultry or poultry care. (d)

Violations by live poultry dealers

(1)

Penalty

Section 203(b) of the Packers and Stockyards Act, 1921 (7 U.S.C. 193(b)) is amended in the third sentence by striking $10,000 and inserting $22,000. (2)

Repeals

Sections 411, 412, and 413 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228b–2, 228b–3, 228b–4)), are repealed.

10203.

Production contracts

(a)

Definitions

Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)) is amended— (1)by striking When used in this Act— and inserting In this Act:; (2)by striking paragraph (1); (3)by redesignating paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) as paragraphs (15), (6), (8), (9), (10), (13), (11), (12), (7), (2), (16), (17), and (18), respectively, indenting appropriately, and moving those paragraphs so as to appear in numerical order; (4)in each paragraph (as so redesignated) that does not have a heading, by inserting a heading, in the same style as the heading in the amendment made by paragraph (5), the text of which is comprised of the term defined in the paragraph; (5)by inserting before paragraph (2) (as so designated) the following: (1)

Capital investment

The term capital investment means an investment in— (A)a structure, such as a building or manure storage structure; or (B)machinery or equipment associated with producing livestock or poultry that has a useful life of more than 1 year. ; (6)by inserting after paragraph (2) (as so redesignated) the following: (3)

Contractor

(A)

In general

The term contractor means a person that, in accordance with a production contract, obtains livestock or poultry that is produced by a contract producer. (B)

Inclusions

The term contractor includes— (i)a live poultry dealer; and (ii)a swine contractor. (4)

Contract producer

(A)

In general

The term contract producer means a producer that produces livestock or poultry under a production contract. (B)

Inclusions

The term contract producer includes— (i)a poultry grower; and (ii)a swine production contract grower. (5)

Investment requirement

The term investment requirement means— (A)a provision in a production contract that requires a contract producer to make a capital investment associated with producing livestock or poultry that, but for the production contract, the contract producer would not have made; or (B)a representation by a contractor that results in a contract producer making a capital investment. ; and (7)by inserting after paragraph (13) (as so redesignated) the following: (14)

Production contract

(A)

In general

The term production contract means a written agreement that provides for— (i)the production of livestock or poultry by a contract producer; or (ii)the provision of a management service relating to the production of livestock or poultry by a contract producer. (B)

Inclusions

The term production contract includes— (i)a poultry growing arrangement; (ii)a swine production contract; (iii)any other contract between a contractor and a contract producer for the production of livestock or poultry; and (iv)a contract between a live poultry dealer and poultry grower, swine contractor and swine production contract grower, or contractor and contract producer for the provision of a management service in the production of livestock or poultry. . (b)

Prohibitions involving production contracts

Title II of the Packers and Stockyards Act, 1921 (7 U.S.C. 198 et seq.), is amended by adding at the end the following:

208.

Production contracts

(a)

Right of contract producers To cancel production contracts

(1)

In general

A contract producer may cancel a production contract by mailing a cancellation notice to the contractor not later than the later of— (A)the date that is 3 business days after the date on which the production contract is executed; or (B)any cancellation date specified in the production contract. (2)

Disclosure

A production contract shall clearly disclose— (A)the right of the contract producer to cancel the production contract; (B)the method by which the contract producer may cancel the production contract; and (C)the deadline for canceling the production contract. (b)

Production contracts involving investment requirements

(1)

Applicability

This subsection applies only to a production contract between a contract producer and a contractor if the contract producer detrimentally relied on a representation by the contractor or a provision in the production contract that resulted in the contract producer making a capital investment of $100,000 or more. (2)

Restrictions on contract termination

(A)

Notice of termination

Except as provided in subparagraph (C), a contractor shall not terminate or cancel a production contract unless the contractor provides the contract producer with written notice of the intention of the contractor to terminate or cancel the production contract at least 90 days before the effective date of the termination or cancellation. (B)

Requirements

The written notice required under subparagraph (A) shall include alleged causes of the termination. (C)

Exceptions

A contractor may terminate or cancel a production contract at any time without notice as required under subparagraph (A) if the basis for the termination or cancellation is— (i)a voluntary abandonment of the contractual relationship by the contract producer, such as a failure of the contract producer to substantially perform under the production contract; (ii)the conviction of the contract producer of an offense of fraud or theft committed against the contractor; (iii)the natural end of the production contract in accordance with the terms of the production contract; or (iv)because the well-being of the livestock or poultry subject to the contract is in jeopardy once under the care of the contract producer. (D)

Right to cure

(i)

In general

If, not later than 90 days after the date on which the contract producer receives written notice under subparagraph (A), the contract producer remedies each cause of the breach of contract alleged in the written notice, the contractor may not terminate or cancel a production contract under this paragraph. (ii)

No admission of breach

The remedy or attempt to remedy the causes for the breach of contract by the contract producer under clause (i) does not constitute an admission of breach of contract. (c)

Additional capital investments in production contracts

(1)

In general

A contractor shall not require a contract producer to make additional capital investments in connection with a production contract that exceed the initial investment requirements of the production contract. (2)

Exceptions

Notwithstanding paragraph (1), a contractor may require additional capital investments if— (A)(i)the additional capital investments are offset by reasonable additional consideration, including compensation or a modification to the terms of the production contract; and (ii)the contract producer agrees in writing that there is acceptable and satisfactory consideration for the additional capital investment; or (B)without the additional capital investments the well-being of the livestock or poultry subject to the contract would be in jeopardy. (d)

No effect on State law

Nothing in this section preempts or otherwise affects any State law relating to production contracts that establishes a requirement or standard that is more stringent than a requirement or standard under this section.

209.

Choice of law, jurisdiction, and venue

(a)

Choice of law

Any provision in a livestock or poultry production or marketing contract requiring the application of the law of a State other than the State in which the production occurs is void and unenforceable. (b)

Jurisdiction

A packer, live poultry dealer, or swine contractor that enters into a production or marketing contract with a producer shall be subject to personal jurisdiction in the State in which the production occurs. (c)

Venue

Venue shall be determined on the basis of the location of the production, unless the producer selects a venue that is otherwise permitted by law. (d)

Application

This section shall apply to any production or marketing contract entered into, amended, altered, modified, renewed, or extended after the date of enactment of this section.

210.

Arbitration

(a)

In general

If a livestock or poultry contract provides for the use of arbitration to resolve a controversy under the livestock or poultry contract, arbitration may be used to settle the controversy only if, after the controversy arises, both parties consent in writing to use arbitration to settle the controversy. (b)

Application

Subsection (a) shall apply to any contract entered into, amended, altered, modified, renewed, or extended after the date of enactment of this section.

.

10204.

Right to discuss terms of contract

Section 10503(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 229b(b)) is amended— (1)in paragraph (6), by striking or at the end; (2)in paragraph (7), by striking the period at the end and inserting a semicolon; and (3)by adding at the end the following: (8)a business associate of the party; or (9)a neighbor of the party or other producer. .

10205.

Attorneys' fees

Section 308(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 209(a)) is amended by inserting before the period at the end the following: and for the costs of the litigation, including reasonable attorneys' fees.

10206.

Appointment of outside counsel

Section 407 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228), is amended— (1)in subsection (a), by inserting obtain the services of attorneys who are not employees of the Federal Government, before and make such expenditures; and (2)in subsection (c), by striking Senate Committee on Agriculture and Forestry and inserting the Committee on Agriculture, Nutrition, and Forestry of the Senate.

10207.

Prohibition on packers owning, feeding, or controlling livestock

(a)

In general

Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), is amended— (1)by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2)by inserting after subsection (e) the following: (f)Own or feed livestock directly, through a subsidiary, or through an arrangement that gives the packer operational, managerial, or supervisory control over the livestock, or over the farming operation that produces the livestock, to such an extent that the producer is no longer materially participating in the management of the operation with respect to the production of the livestock, except that this subsection shall not apply to— (1)an arrangement entered into within 14 days (excluding any Saturday or Sunday) before slaughter of the livestock by a packer, a person acting through the packer, or a person that directly or indirectly controls, or is controlled by or under common control with, the packer; (2)a cooperative or entity owned by a cooperative, if a majority of the ownership interest in the cooperative is held by active cooperative members that— (A)own, feed, or control livestock; and (B)provide the livestock to the cooperative for slaughter; (3)a packer that is not required to report to the Secretary on each reporting day (as defined in section 212 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a)) information on the price and quantity of livestock purchased by the packer; or (4)a packer that owns 1 livestock processing plant; or . (b)

Effective date

(1)

In general

Subject to paragraph (2), the amendments made by subsection (a) take effect on the date of enactment of this Act. (2)

Transition rules

In the case of a packer that on the date of enactment of this Act owns, feeds, or controls livestock intended for slaughter in violation of section 202(f) of the Packers and Stockyards Act, 1921 (as amended by subsection (a)), the amendments made by subsection (a) apply to the packer— (A)in the case of a packer of swine, beginning on the date that is 18 months after the date of enactment of this Act; and (B)in the case of a packer of any other type of livestock, beginning as soon as practicable, but not later than 180 days, after the date of enactment of this Act, as determined by the Secretary.

10208.

Regulations

(a)

In general

Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall promulgate regulations to implement the amendments made by this title, including— (1)regulations providing a definition of the term unreasonable preference or advantage for purposes of section 202(b) of the Packers and Stockyards Act, 1921 (7 U.S.C. 192(b)); and (2)regulations requiring live poultry dealers to provide written notice to poultry growers if the live poultry dealer imposes an extended layout period in excess of 30 days, prior to removal of the previous flock. (b)

Requirements

Regulations promulgated pursuant to subsection (a)(1) relating to unreasonable preference or advantage shall strictly prohibit any preferences or advantages based on the volume of business, except for preferences or advantages that reflect actual, verifiable lower costs (including transportation or other costs), as determined by the Secretary, of procuring livestock from larger-volume producers.

D

Related programs

10301.

Sense of Congress regarding pseudorabies eradication program

It is the sense of Congress that— (1)the Secretary should recognize the threat that feral swine pose to the domestic swine population and the entire livestock industry; (2)keeping the United States commercial swine herd free of pseudorabies is essential to maintaining and growing pork export markets; (3)pseudorabies surveillance funding is necessary to assist the swine industry in the monitoring, surveillance, and eradication of pseudorabies, including the monitoring and surveillance of other diseases effecting swine production and trade; and (4)pseudorabies eradication is a high priority that the Secretary should carry out under the Animal Health Protection Act (7 U.S.C. 8301 et seq.).

10302.

Sense of Congress regarding 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— (A)to prevent the entry of cattle fever ticks into the United States; (B)to enhance and maintain an effective surveillance program to rapidly detect any fever tick incursions; and (C)to research, identify, and procure the tools and knowledge necessary to prevent and eradicate cattle ticks in the United States.

10303.

National Sheep and Goat Industry Improvement Center

(a)

Name change

Section 375 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j) is amended— (1)in the section heading, by inserting and Goat after National Sheep; and (2)by inserting and Goat after National Sheep each place it appears. (b)

Funding

Section 375(e)(6) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j(e)(6)) is amended by striking subparagraphs (B) and (C) and inserting the following: (B)

Mandatory funding

Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,000,000 for fiscal year 2008, to remain available until expended. (C)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2008 through 2012. . (c)

Repeal of requirement to privatize revolving fund

(1)

In general

Section 375 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j) is amended by striking subsection (j). (2)

Effective date

The amendment made by paragraph (1) takes effect on May 1, 2007.

10304.

Trichinae certification program

Section 10409 of the Animal Health Protection Act (7 U.S.C. 8308) is amended by adding at the end the following: (c)

Trichinae certification program

(1)

Establishment

Not later than 60 days after the date of enactment of this subsection, the Secretary shall issue final regulations to implement a trichinae certification program. (2)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out the program $1,250,000 for each of fiscal years 2008 through 2012. .

10305.

Protection of information in the animal identification system

The Animal Health Protection Act (7 U.S.C. 8301 et seq.) is amended— (1)by redesignating sections 10416 through 10418 as sections 10417 through 10419, respectively; and (2)by inserting after section 10415 the following:

10416.

Disclosure of information under a national animal identification system

(a)

Definition of national animal identification system

In this section, the term national animal identification system means a system for identifying or tracing animals that is established by the Secretary. (b)

Protection from disclosure

(1)

In general

Information obtained through a national animal identification system shall not be disclosed except as provided in this section. (2)

Use

Use of information described in paragraph (1) by any individual or entity except as otherwise provided in this section shall be considered a violation of this Act. (3)

Waiver of privilege of protection

The provision of information to a national animal identification system under this section or the disclosure of information pursuant to this section shall not constitute a waiver of any applicable privilege or protection under Federal law, including protection of trade secrets. (c)

Limited release of information

The Secretary may disclose information obtained through a national animal identification system if— (1)the Secretary determines that livestock may be threatened by a disease or pest; (2)the release of the information is related to an action the Secretary may take under this subtitle; and (3)the Secretary determines that the disclosure of the information to a government entity or person is necessary to assist the Secretary in carrying out this subtitle or a national animal identification system. (d)

Required disclosure of information

The Secretary shall disclose information obtained through a national animal identification system regarding particular animals to— (1)the person that owns or controls the animals, if the person requests the information in writing; (2)the State Department of Agriculture for the purpose of protection of animal health; (3)the Attorney General for the purpose of law enforcement; (4)the Secretary of Homeland Security for the purpose of homeland security; (5)the Secretary of Health and Human Services for the purpose of protecting public health; (6)an entity pursuant to an order of a court of competent jurisdiction; and (7)the government of a foreign country if disclosure of the information is necessary to trace animals that pose a disease or pest threat to livestock or a danger to human health, as determined by the Secretary. (e)

Disclosure under State or local law

Any information relating to animal identification that a State or local government obtains from the Secretary shall not be made available by the State or local government pursuant to any State or local law requiring disclosure of information or records to the public. (f)

Reporting requirement

To disclose information under this section, the Secretary shall— (1)certify that the disclosure was necessary under this section; and (2)submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a copy of the certification.

.

10306.

Low pathogenic avian influenza

Sec. 10407(d)(2) of the Animal Health Protection Act (7 U.S.C. 8306(d)(2)) is amended— (1)in subparagraph (A), by striking subparagraphs (B) and (C), and inserting subparagraphs (B), (C), and (D),; (2)by redesignating subparagraph (C) as subparagraph (D); and (3)by inserting after subparagraph (B) the following: (C)

Low pathogenic avian influenza

(i)

Definition of eligible costs

In this subparagraph, the term eligible costs means costs determined eligible for indemnity under part 56 of title 9, Code of Federal Regulations, as in effect on the date of enactment of this clause. (ii)

Indemnities

Subject to subparagraphs (B) and (D), compensation to any owner or contract grower of poultry participating in the voluntary control program for low pathogenic avian influenza under the National Poultry Improvement Plan, and payments to cooperating State agencies, shall be made in an amount equal to 100 percent of the eligible costs. .

10307.

Study on bioenergy operations

Not later than 180 days after the date of enactment of this Act, the Secretary, acting through the Office of the Chief Economist, 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 describing the potential economic issues (including potential costs) associated with animal manure used in normal agricultural operations and as a feedstock in bioenergy production.

10308.

Sense of the Senate on indemnification of livestock producers

It is the sense of the Senate that the Secretary should partner with the private insurance industry to implement an approach for expediting the indemnification of livestock producers in the case of catastrophic disease outbreaks.

. (b)

Poultry and poultry products

The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is amended by adding at the end the following:

31.

Interstate shipment of poultry inspected by Federal and State agencies for certain small establishments

(a)

Definitions

(1)

Appropriate State agency

The term appropriate State agency means a State agency described in section 5(a)(1). (2)

Designated personnel

The term designated personnel means inspection personnel of a State agency that have undergone all necessary inspection training and certification to assist the Secretary in the administration and enforcement of this Act, including regulations. (3)

Eligible establishment

The term eligible establishment means an establishment that is in compliance with— (A)the State inspection program of the State in which the establishment is located; and (B)this Act. (4)

Poultry item

The term poultry item means— (A)a portion of poultry; and (B)a poultry product. (5)

Selected establishment

The term selected establishment means an eligible establishment that is selected by the Secretary, in coordination with the appropriate State agency of the State in which the eligible establishment is located, under subsection (b) to ship poultry items in interstate commerce. (b)

Authority of Secretary to allow shipments

(1)

In general

Subject to paragraph (2), the Secretary, in coordination with the appropriate State agency of the State in which an establishment is located, may select the establishment to ship poultry items in interstate commerce, and place on each poultry item shipped in interstate commerce a Federal mark, stamp, tag, or label of inspection, if the establishment— (A)is an eligible establishment; and (B)is located in a State that has designated personnel to inspect the eligible establishment. (2)

Prohibited establishments

In carrying out paragraph (1), the Secretary, in coordination with an appropriate State agency, shall not select an establishment that— (A)on average, employs more than 25 employees (including supervisory and nonsupervisory employees), as defined by the Secretary; (B)as of the date of enactment of this section, ships in interstate commerce carcasses, poultry items that are inspected by the Secretary in accordance with this Act; (C)(i)is a Federal establishment; (ii)was a Federal establishment as of the date of enactment of this section, and was reorganized on a later date under the same name or a different name or person by the person, firm, or corporation that controlled the establishment as of the date of enactment of this section; or (iii)was a State establishment as of the date of enactment of this section that— (I)as of the date of enactment of this section, employed more than 25 employees; and (II)was reorganized on a later date by the person, firm, or corporation that controlled the establishment as of the date of enactment of this section; (D)is in violation of this Act; (E)is located in a State that does not have a State inspection program; or (F)is the subject of a transition carried out in accordance with a procedure developed by the Secretary under paragraph (3)(A). (3)

Establishments that employ more than 25 employees

(A)

Development of procedure

The Secretary may develop a procedure to transition to a Federal establishment any establishment under this section that, on average, consistently employs more than 25 employees. (B)

Eligibility of certain establishments

(i)

In general

A State establishment that employs more than 25 employees but less than 35 employees as of the date of enactment of this section may be selected as a selected establishment under this subsection. (ii)

Procedures

A State establishment shall be subject to the procedures established under subparagraph (A) beginning on the date that is 3 years after the effective date described in subsection (i). (c)

Reimbursement of State costs

(1)

In general

Except as provided in paragraph (2), the Secretary shall reimburse a State for costs related to the inspection of selected establishments in the State in accordance with Federal requirements in an amount of not less than 60 percent of eligible State costs. (2)

Microbiological verification testing

The Secretary may reimburse a State for 100 percent of eligible State costs relating to the inspection of selected establishments in the State, if the State provides additional microbiological verification testing of the selected establishments, using standards under this Act, that is in excess of the typical verification testing frequency of the Federal Government with respect to Federal establishments. (d)

Coordination between Federal and State agencies

(1)

In general

The Secretary shall designate an employee of the Federal Government as State coordinator for each appropriate State agency— (A)to provide oversight and enforcement of this section; and (B)to oversee the training and inspection activities of designated personnel of the State agency. (2)

Supervision

A State coordinator shall be under the direct supervision of the Secretary. (3)

Duties of State coordinator

(A)

In general

A State coordinator shall visit selected establishments with a frequency that is appropriate to ensure that selected establishments are operating in a manner that is consistent with this Act (including regulations and policies under this Act). (B)

Quarterly reports

A State coordinator shall, on a quarterly basis, submit to the Secretary a report that describes the status of each selected establishment that is under the jurisdiction of the State coordinator with respect to the level of compliance of each selected establishment with the requirements of this Act. (C)

Immediate notification requirement

If a State coordinator determines that any selected establishment that is under the jurisdiction of the State coordinator is in violation of any requirement of this Act, the State coordinator shall— (i)immediately notify the Secretary of the violation; and (ii)deselect the selected establishment or suspend inspection at the selected establishment. (4)

Performance evaluations

Performance evaluations of State coordinators designated under this subsection shall be conducted by the Secretary as part of the Federal agency management control system. (e)

Audits

(1)

Periodic audits conducted by Inspector General of the Department of Agriculture

Not later than 2 years after the effective date described in subsection (i), and not less often than every 2 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit of each activity taken by the Secretary under this section for the period covered by the audit to determine compliance with this section. (2)

Audit conducted by Comptroller General of the United States

Not earlier than 3 years, nor later than 5 years, after the date of enactment of this section, the Comptroller General of the United States shall conduct an audit of the implementation of this section to determine— (A)the effectiveness of the implementation of this section; and (B)the number of selected establishments selected by the Secretary under this section. (f)

Transition grants

The Secretary may provide grants to appropriate State agencies to assist the appropriate State agencies in helping establishments covered by this Act to transition to selected establishments. (g)

Violations

Any selected establishment that the Secretary determines to be in violation of any requirement of this Act shall be transitioned to a Federal establishment in accordance with a procedure developed by the Secretary under subsection (b)(3)(A). (h)

Effect

Nothing in this section limits the jurisdiction of the Secretary with respect to the regulation of poultry and poultry products under this Act. (i)

Effective date

(1)

In general

This section takes effect on the date on which the Secretary, after providing a period of public comment (including through the conduct of public meetings or hearings), promulgates final regulations to carry out this section. (2)

Requirement

Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate final regulations in accordance with paragraph (1).

.

11068.

Prevention and investigation of payment and fraud and error

Section 1113 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3413) is amended by striking subsection (k) and inserting the following: (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. .

11069.

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

(a)

Elimination

Section 3716 of title 31, United States Code, is amended by striking subsection (e) and inserting the following: (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.

11070.

Stored quantities of propane

Section 550(a) of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note; Public Law 109–295), is amended by striking Commission. and inserting the following: Commission: Provided further, That the Secretary shall not apply interim or final regulations relating to stored threshold quantities of propane for sale, storage, or use on homestead property, agricultural operations, or small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) that are located in rural areas (as defined in section 520 of the Housing Act of 1949 (42 U.S.C. 1490)), unless the Secretary submits to Congress a report describing an immediate or imminent threat against such a stored quantity of propane: Provided further, That nothing in this section exempts the Secretary from implementing any interim or final regulation relating to stored threshold quantities of propane for sale, use, or storage in an area that is not a rural areas (as so defined)..

11071.

Closure of certain county FSA offices

(a)

Definition of critical access county FSA office

(1)

In general

In this section, the term critical access county FSA office means an office of the Farm Service Agency that, during the period described in paragraph (2), is— (A)proposed to be closed; (B)proposed to be closed with the closure delayed until after January 1, 2008, due to additional review pursuant to the third proviso of matter under the heading salaries and expenses under the heading Farm Service Agency of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 (Public Law 109–97; 119 Stat. 2131); or (C)included on a list of critical access county FSA offices determined in accordance with that Act and submitted to the Committee on Agriculture, Nutrition, and Forestry of the Senate by the Secretary on October 24, 2007. (2)

Description of period

The period referred to in paragraph (1) is the period beginning on November 10, 2005, and ending on December 31, 2007. (3)

Exception

The term critical access county FSA office does not include any office of the Farm Service Agency that— (A)is located not more than 20 miles from another office of the Farm Service Agency, unless the office is located within an identified limited-resource area consisting of at least 4 contiguous high-poverty counties; or (B)employs no full-time equivalent employees as of the date of enactment of this Act. (b)

Extension of period of operation

(1)

In general

Notwithstanding any other provision of law, except as provided in paragraph (3), none of the funds made available to the Secretary by any Act may be used to pay the salaries or expenses of any officer or employee of the Department of Agriculture to close any critical access county FSA office during the period beginning on November 1, 2007, and ending on September 30, 2012. (2)

Number of employees

(A)

In general

Subject to subparagraphs (B) and (C), the Secretary shall ensure that each critical access county FSA office in each State maintains a staff level of not less than 3 full-time equivalent employees during the period described in paragraph (1). (B)

Staffing flexibility

Notwithstanding subparagraph (A) and subject to subparagraph (C), an employee required to meet the staff level of a critical access county FSA office in a State as described in subparagraph (A) may be employed at any other county office of the Farm Service Agency in that State, as the Secretary determines to be appropriate. (C)

Minimum staffing level

A critical access county FSA office shall be staffed by not less than 1 full-time equivalent employee during the period described in paragraph (1). (3)

Exception

The Secretary may close a critical access county FSA office only on concurrence in the determination to close the critical access county FSA office by— (A)Congress; and (B)the applicable State Farm Service Agency committee.

November 2, 2007 Read twice and placed on the calendar