[Congressional Record Volume 153, Number 171 (Tuesday, November 6, 2007)]
[Senate]
[Pages S14001-S14022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3502. Mr. WYDEN (for himself, Mr. Alexander, Mr. Kerry, Mr. 
Feingold, Mr. Bingaman, Mr. Sununu, Mr. Dodd, Ms. Stabenow, Mr. Biden, 
Ms. Cantwell, Mrs. Murray, Ms. Snowe, Mr. Baucus, and Mr. Salazar) 
submitted an amendment intended to be

[[Page S14002]]

proposed by him to the bill H.R. 2419, to provide for the continuation 
of agricultural programs through fiscal year 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title VIII, add the following:

     SEC. 82___. PREVENTION OF ILLEGAL LOGGING PRACTICES.

       The Lacey Act Amendments of 1981 are amended--
       (1) in section 2 (16 U.S.C. 3371)--
       (A) by striking subsection (f) and inserting the following:
       ``(f) Plant.--
       ``(1) In general.--The term `plant' means any wild member 
     of the plant kingdom, including roots, seeds, parts, and 
     products thereof.
       ``(2) Exclusions.--The term `plant' excludes any common 
     food crop or cultivar that is a species not listed--
       ``(A) on the most recent appendices to the Convention on 
     International Trade in Endangered Species of Wild Fauna and 
     Flora, done at Washington on March 3, 1973 (27 UST 1087; TIAS 
     8249); or
       ``(B) as an endangered or threatened species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).'';
       (B) in subsection (h), by inserting ``also'' after ``plants 
     the term''; and
       (C) by striking subsection (j) and inserting the following:
       ``(j) Take.--The term `take' means--
       ``(1) to capture, kill, or collect; and
       ``(2) with respect to a plant, also to harvest, cut, log, 
     or remove.'';
       (2) in section 3 (16 U.S.C. 3372)--
       (A) in subsection (a)--
       (i) in paragraph (2), by striking subparagraph (B) and 
     inserting the following:
       ``(B) any plant--
       ``(i) taken, transported, possessed, or sold in violation 
     of any law or regulation of any State or any foreign law that 
     protects plants or that regulates--

       ``(I) the theft of plants;
       ``(II) the taking of plants from a park, forest reserve, or 
     other officially protected area;
       ``(III) the taking of plants from an officially designated 
     area; or
       ``(IV) the taking of plants without, or contrary to, 
     required authorization;

       ``(ii) taken, transported, or exported without the payment 
     of royalties, taxes, or stumpage fees required by any law or 
     regulation of any State or any foreign law; or
       ``(iii) exported or transshipped in violation of any law or 
     regulation of any State or any foreign law; or''; and
       (ii) in paragraph (3), by striking subparagraph (B) and 
     inserting the following:
       ``(B) to possess any plant--
       ``(i) taken, transported, possessed, or sold in violation 
     of any law or regulation of any State or any foreign law that 
     protects plants or that regulates--

       ``(I) the theft of plants;
       ``(II) the taking of plants from a park, forest reserve, or 
     other officially protected area;
       ``(III) the taking of plants from an officially designated 
     area; or
       ``(IV) the taking of plants without, or contrary to, 
     required authorization;

       ``(ii) taken, transported, or exported without the payment 
     of royalties, taxes, or stumpage fees required by any law or 
     regulation of any State or any foreign law; or
       ``(iii) exported or transshipped in violation of any law or 
     regulation of any State or any foreign law; or''; and
       (B) by adding at the end the following:
       ``(f) Plant Declarations.--
       ``(1) In general.--Effective 180 days from the date of 
     enactment of this subsection and except as provided in 
     paragraph (3), it shall be unlawful for any person to import 
     any plant unless the person files upon importation where 
     clearance is requested a declaration that contains--
       ``(A) the scientific name of any plant (including the genus 
     and species of the plant) contained in the importation;
       ``(B) a description of--
       ``(i) the value of the importation; and
       ``(ii) the quantity, including the unit of measure, of the 
     plant; and
       ``(C) the name of the country from which the plant was 
     taken.
       ``(2) Declaration relating to plant products.--Until the 
     date on which the Secretary promulgates a regulation under 
     paragraph (6), a declaration relating to a plant product 
     shall--
       ``(A) in the case in which the species of plant used to 
     produce the plant product that is the subject of the 
     importation varies, and the species used to produce the plant 
     product is unknown, contain the name of each species of plant 
     that may have been used to produce the plant product; and
       ``(B) in the case in which the species of plant used to 
     produce the plant product that is the subject of the 
     importation is commonly taken from more than 1 country, and 
     the country from which the plant was taken and used to 
     produce the plant product is unknown, contain the name of 
     each country from which the plant may have been taken.
       ``(3) Exclusions.--The declaration requirements of 
     paragraphs (1) and (2) shall not apply to plants used 
     exclusively as wood and paper packaging materials used to 
     support, protect, or carry a commodity, unless the wood and 
     paper packaging materials are the commodity being imported.
       ``(4) Review.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this subsection, the Secretary shall review the 
     implementation of each requirement described in paragraphs 
     (1) and (2).
       ``(B) Review of excluded wood and paper packaging 
     materials.--The Secretary--
       ``(i) shall, in conducting the review under subparagraph 
     (A), consider the effect of excluding the materials described 
     in paragraph (3); and
       ``(ii) may limit the scope of the exclusions under 
     paragraph (3) if the Secretary determines, based on the 
     review, that the limitations in scope are warranted.
       ``(5) Report.--
       ``(A) In general.--Not later than 180 days after the date 
     on which the Secretary completes the review under paragraph 
     (4), the Secretary shall submit to the appropriate committees 
     of Congress a report containing--
       ``(i) an evaluation of--

       ``(I) the effectiveness of each type of information 
     required under paragraphs (1) and (2) in assisting 
     enforcement of section 3; and
       ``(II) the potential to harmonize each requirement 
     described in paragraphs (1) and (2) with other applicable 
     import regulations in existence as of the date of the report;

       ``(ii) recommendations for such legislation as the 
     Secretary determines to be appropriate to assist in the 
     identification of plants that are imported into the United 
     States in violation of section 3; and
       ``(iii) an analysis of the effect of the provisions of 
     subsection (a) and (f) on--

       ``(I) the cost of legal plant imports; and
       ``(II) the extent and methodology of illegal logging 
     practices and trafficking.

       ``(B) Public participation.--In conducting the review under 
     paragraph (4), the Secretary shall provide public notice and 
     an opportunity for comment.
       ``(6) Promulgation of regulations.--Not later than 180 days 
     after the date on which the Secretary completes the review 
     under paragraph (4), the Secretary may promulgate 
     regulations--
       ``(A) to limit the applicability of any requirement 
     described in paragraph (2) to specific plant products; and
       ``(B) to make any other necessary modification to any 
     requirement described in paragraph (2), as determined by the 
     Secretary based on the review under paragraph (4).''; and
       (3) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking 
     ``section 4'' and inserting ``section 3(f), section 4,''.
                                 ______
                                 
  SA 3503. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of subtitle B of title XI, add the following:

     SEC. 1107_. PENNINGTON BIOMEDICAL RESEARCH CENTER.

       (a) Findings.--Congress finds that--
       (1) the Pennington Biomedical Research Center (referred to 
     in this section as the ``Center'') is an outstanding 
     facility, several investigators employed by which have 
     positive international reputations; and
       (2)(A) Congress has directed the Secretary, acting through 
     the Administrator of the Agricultural Research Service, to 
     collaborate with the Center--
       (i) to establish a human nutrition research program with 
     the Center; and
       (ii) to employ scientists of the Agricultural Research 
     Service focusing on obesity at the state-of-the-art 
     facilities of the Center; but
       (B) concern exists regarding the promptness with which the 
     Secretary has--
       (i) integrated the Center into the human nutrition research 
     program of the Agricultural Research Service; and
       (ii) provided funding to the Center.
       (b) Designation and Funding.--As soon as practicable after 
     the date of enactment of this Act, the Secretary shall--
       (1) officially designate the Center as an ``Agricultural 
     Research Service Human Nutrition Center''; and
       (2) provide to the Center adequate funding in accordance 
     with the formula used by the Secretary to provide funding to 
     other Agricultural Research Service Human Nutrition Centers.
       (c) Effect on Other Centers.--The provision of funds to the 
     Center pursuant to subsection (b)(2) shall not unjustly 
     reduce the amount provided to any other Agricultural Research 
     Service Human Nutrition Center by the Secretary under any 
     other law (including regulations).
                                 ______
                                 
  SA 3504. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an 
amendment intended to be proposed by her to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

               TITLE __DOMESTIC PET TURTLE MARKET ACCESS

     SEC. __. SHORT TITLE.

       This title may be cited as the ``Domestic Pet Turtle Market 
     Access Act of 2007''.

     SEC. __. FINDINGS.

       Congress makes the following findings:

[[Page S14003]]

       (1) Pet turtles less than 10.2 centimeters in diameter have 
     been banned for sale in the United States by the Food and 
     Drug Administration since 1975 due to health concerns.
       (2) The Food and Drug Administration does not ban the sale 
     of iguanas or other lizards, snakes, frogs, or other 
     amphibians or reptiles that are sold as pets in the United 
     States that carry salmonella bacteria. The Food and Drug 
     Administration also does not require that these animals be 
     treated for salmonella bacteria before being sold as pets.
       (3) The technology to treat turtles for salmonella, and 
     make them safe for sale, has greatly advanced since 1975. 
     Treatments exist that can nearly eradicate salmonella from 
     turtles, and individuals are more aware of the causes of 
     salmonella, how to treat salmonella poisoning, and the 
     seriousness associated with salmonella poisoning.
       (4) University research has shown that these turtles can be 
     treated in such a way that they can be raised, shipped, and 
     distributed without having a recolonization of salmonella.
       (5) University research has also shown that pet owners can 
     be equipped with a treatment regimen that allows the turtle 
     to be maintained safe from salmonella.
       (6) The Food and Drug Administration should allow the sale 
     of turtles less than 10.2 centimeters in diameter as pets as 
     long as the sellers are required to use proven methods to 
     treat these turtles for salmonella.

     SEC. __. SALE OF BABY TURTLES.

       (a) In General.--Notwithstanding any other provision of 
     law, the Food and Drug Administration shall not restrict the 
     sale by a turtle farmer, wholesaler, or commercial retail 
     seller of a turtle that is less than 10.2 centimeters in 
     diameter as a pet if--
       (1) the State or territory in which the pet turtle farmer 
     of the turtle is located has developed a regulatory process 
     by which pet turtle farmers are required to have a State 
     license to breed, hatch, propagate, raise, grow, receive, 
     ship, transport, export, or sell pet turtles or pet turtle 
     eggs;
       (2) such State or territory requires certification of 
     sanitization that is signed by a veterinarian who is licensed 
     in the State or territory, and approved by the State or 
     territory agency in charge of regulating the sale of pet 
     turtles;
       (3) the certification of sanitization requires each turtle 
     to be sanitized or treated for diseases, including 
     salmonella, and is dependant upon using the Siebeling method, 
     or other such proven nonantibiotic method, to make the turtle 
     salmonella-free; and
       (4) the turtle farmer or commercial retail seller includes, 
     with the sale of such a turtle, a disclosure to the buyer 
     that includes--
       (A) information regarding--
       (i) the possibility that salmonella can recolonize in 
     turtles;
       (ii) the dangers, including possible severe illness or 
     death, especially for at-risk people who may be susceptible 
     to salmonella poisoning, such as children, pregnant women, 
     and others who may have weak immune systems, that could 
     result if the turtle is not properly handled and safely 
     maintained;
       (iii) the proper handling of the turtle, including an 
     explanation of proper hygiene such as handwashing after 
     handling a turtle; and
       (iv) the proven methods of treatment that, if properly 
     applied, keep the turtle safe from salmonella;
       (B) a detailed explanation of how to properly treat the 
     turtle to keep it safe from salmonella, using the proven 
     methods of treatment referred to under subparagraph (A), and 
     how the buyer can continue to purchase the tools, treatments, 
     or any other required item to continually treat the turtle; 
     and
       (C) a statement that buyers of pet turtles should not 
     abandon the turtle or abandon the turtle outside, as the 
     turtle may become an invasive species to the local community, 
     but should instead return the turtle to a commercial retail 
     pet seller or other organization that would accept turtles no 
     longer wanted as pets.
       (b) FDA Review of State Protections.--The Commissioner of 
     Food and Drugs may, after providing an opportunity for the 
     affected State to respond, restrict the sale of a turtle only 
     if the Secretary of Health and Human Services determines that 
     the actual implementation of State health protections 
     described in subsection (a) are insufficient to protect 
     consumers against infections diseases acquired from such 
     turtle at the time of sale.
                                 ______
                                 
  SA 3505. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 2419, to provide for the continuation 
of agricultural programs through fiscal year 2012, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in the miscellaneous title, insert 
     the following:

     SEC. ___. LEAFY GREEN VEGETABLES.

       (a) Findings.--Congress finds that--
       (1) unique requirements exist with respect to the 
     production of safe, nutritious, and healthy leafy green 
     vegetables; and
       (2) it is necessary to regulate the production of leafy 
     green vegetables under 1 marketing order that encompasses all 
     leafy green vegetable production in the United States.
       (b) National Marketing Orders.--Section 8c of the 
     Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with 
     amendments by the Agricultural Marketing Agreement Act of 
     1937, is amended--
       (1) in paragraph (8)--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting the clauses 
     appropriately;
       (B) by striking the paragraph designation and heading and 
     all that follows through ``Except'' and inserting the 
     following:
       ``(8) Orders with marketing agreements.--
       ``(A) In general.--Subject to subparagraph (B) and 
     except''; and
       (C) by adding at the end the following:
       ``(B) Leafy green vegetables.--
       ``(i) Definition of leafy green vegetable.--In this 
     subparagraph, the term `leafy green vegetable' includes--

       ``(I) arugula;
       ``(II) baby leaf lettuce (immature lettuce or leafy 
     greens);
       ``(III) butter lettuce;
       ``(IV) chard;
       ``(V) endive (excluding Belgian endive);
       ``(VI) escarole;
       ``(VII) green leaf lettuce;
       ``(VIII) green, red, and savoy cabbage;
       ``(IX) iceberg lettuce;
       ``(X) kale;
       ``(XI) red leaf lettuce;
       ``(XII) romaine lettuce;
       ``(XIII) spinach; and
       ``(XIV) spring mix.

       ``(ii) Approval by handlers.--Notwithstanding any other 
     provision of this Act, the Secretary may establish a national 
     marketing order for leafy green vegetables only on approval 
     by--

       ``(I) \2/3\ of the total number of handlers of leafy green 
     vegetables in all States that participate in an election held 
     by the Secretary for purposes of the approval; or
       ``(II) handlers of leafy green vegetables that, as 
     determined by the Secretary, handle not less than \2/3\ of 
     the volume of leafy green vegetables handled by the total 
     number of handlers of leafy green vegetables in all States 
     that participate in an election held by the Secretary for 
     purposes of the approval.

       ``(iii) Contents.--A marketing order established pursuant 
     to this subparagraph may provide quality requirements 
     relating to food safety in the production and processing of 
     leafy green vegetables.
       ``(iv) Period of effectiveness.--A marketing order 
     established pursuant to this subparagraph shall remain in 
     effect until the earlier of--

       ``(I) the date of termination of the marketing order under 
     paragraph (16)(B)(ii); and
       ``(II) the date on which the Secretary of Health and Human 
     Services assumes responsibility, pursuant to Federal law, for 
     safe handling in the leafy green vegetable industry.''; and

       (2) in paragraph (16)(B)--
       (A) by striking ``(B) The Secretary'' and inserting the 
     following:
       ``(B) Termination of marketing agreements.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary''; and
       (B) by adding at the end the following:
       ``(ii) Leafy green vegetables.--Notwithstanding clause (i), 
     the Secretary may terminate a marketing order established 
     pursuant to paragraph (8)(B) only on approval by--

       ``(I) \1/2\ of the total number of handlers of leafy green 
     vegetables in all States that participate in an election held 
     by the Secretary for purposes of the approval; or
       ``(II) handlers of leafy green vegetables that, as 
     determined by the Secretary, handle more than \1/2\ of the 
     volume of leafy green vegetables handled by the total number 
     of handlers of leafy green vegetables in all States that 
     participate in an election held by the Secretary for purposes 
     of the approval.''.

       (c) Limitations on Importation.--Section 8e(a) of the 
     Agricultural Adjustment Act (7 U.S.C. 608e-1(a)), reenacted 
     with amendments by the Agricultural Marketing Agreement Act 
     of 1937, is amended in the first sentence by inserting 
     ``leafy green vegetables,'' after ``pistachios,''.
                                 ______
                                 
  SA 3506. Ms. FEINSTEIN (for herself, Mr. Martinez, Mr. Casey, Ms. 
Stabenow, Mrs. Boxer, Mr. Nelson of Florida, Mr. Bingaman, Mr. Cardin, 
and Mr. Inouye) submitted an amendment intended to be proposed by her 
to the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of part II of subtitle A of title XI, insert the 
     following:

     SEC. 1103___. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL 
                   INSPECTION FUNCTIONS TO DEPARTMENT OF 
                   AGRICULTURE.

       (a) Repeal of Transfer of Functions.--Sections 310 and 421 
     of the Homeland Security Act of 2002 (6 U.S.C. 190, 231) are 
     repealed.
       (b) Conforming Amendment to Function of Secretary of 
     Homeland Security.--Section 402 of the Homeland Security Act 
     of 2002 (6 U.S.C. 202) is amended--
       (1) by striking paragraph (7); and
       (2) by redesignating paragraph (8) as paragraph (7).
       (c) Transfer Agreement.--
       (1) In general.--Not later than the effective date 
     described in subsection (g), the Secretary and the Secretary 
     of Homeland Security shall enter into an agreement to 
     effectuate the return of functions required by the amendments 
     made by this section.

[[Page S14004]]

       (2) Use of certain employees.--The agreement may include 
     authority for the Secretary to use employees of the 
     Department of Homeland Security to carry out authorities 
     delegated to the Animal and Plant Health Inspection Service 
     regarding the protection of domestic livestock and plants.
       (d) Restoration of Department of Agriculture Employees.--
     Not later than the effective date described in subsection 
     (g), all full-time equivalent positions of the Department of 
     Agriculture transferred to the Department of Homeland 
     Security under section 310 or 421(g) of the Homeland Security 
     Act of 2002 (6 U.S.C. 190, 231(g)) (as in effect on the day 
     before the effective date described in subsection (g)) shall 
     be restored to the Department of Agriculture.
       (e) Authority of APHIS.--
       (1) Establishment of program.--The Secretary shall 
     establish within the Animal and Plant Health Inspection 
     Service a program, to be known as the ``International 
     Agricultural Inspection Program'', under which the 
     Administrator of the Animal and Plant Health Inspection 
     Service (referred to in this subsection as the 
     ``Administrator'') shall carry out import and entry 
     agricultural inspections.
       (2) Information gathering and inspections.--In carrying out 
     the program under paragraph (1), the Administrator shall have 
     full access to--
       (A) each secure area of any terminal for screening 
     passengers or cargo under the control of the Department of 
     Homeland Security on the day before the date of enactment of 
     this Act for purposes of carrying out inspections and 
     gathering information; and
       (B) each database (including any database relating to cargo 
     manifests or employee and business records) under the control 
     of the Department of Homeland Security on the day before the 
     date of enactment of this Act for purposes of gathering 
     information.
       (3) Inspection alerts.--The Administrator may issue 
     inspection alerts, including by indicating cargo to be held 
     for immediate inspection.
       (4) Inspection user fees.--The Administrator may, as 
     applicable--
       (A) continue to collect any agricultural quarantine 
     inspection user fee; and
       (B) administer any reserve account for the fees.
       (5) Career track program.--
       (A) In general.--The Administrator shall establish a 
     program, to be known as the ``import and entry agriculture 
     inspector career track program'', to support the development 
     of long-term career professionals with expertise in import 
     and entry agriculture inspection.
       (B) Strategic plan and training.--In carrying out the 
     program under this paragraph, the Administrator, in 
     coordination with the Secretary, shall--
       (i) develop a strategic plan to incorporate import and 
     entry agricultural inspectors into the infrastructure 
     protecting food, fiber, forests, bioenergy, and the 
     environment of the United States from animal and plant pests, 
     diseases, and noxious weeds; and
       (ii) as part of the plan under clause (i), provide training 
     for import and entry agricultural inspectors participating in 
     the program not less frequently than once each year to 
     improve inspection skills
       (f) Duties of Secretary.--
       (1) In general.--The Secretary shall--
       (A) develop standard operating procedures for inspection, 
     monitoring, and auditing relating to import and entry 
     agricultural inspections, in accordance with recommendations 
     from the Comptroller General of the United States and reports 
     of interagency advisory groups, as applicable; and
       (B) ensure that the Animal and Plant Health Inspection 
     Service has a national electronic system with real-time 
     tracking capability for monitoring, tracking, and reporting 
     inspection activities of the Service.
       (2) Federal and state cooperation.--
       (A) Communication system.--The Secretary shall develop and 
     maintain an integrated, real-time communication system with 
     respect to import and entry agricultural inspections to alert 
     State departments of agriculture of significant inspection 
     findings of the Animal and Plant Health Inspection Service.
       (B) Advisory committee.--
       (i) Establishment.--The Secretary shall establish a 
     committee, to be known as the ``International Trade 
     Inspection Advisory Committee'' (referred to in this 
     subparagraph as the ``committee''), to advise the Secretary 
     on policies and other issues relating to import and entry 
     agricultural inspection.
       (ii) Model.--In establishing the committee, the Secretary 
     shall use as a model the Agricultural Trade Advisory 
     Committee.
       (iii) Membership.--The committee shall be composed of 
     members representing--

       (I) State departments of agriculture;
       (II) directors of ports and airports in the United States;
       (III) the transportation industry;
       (IV) the public; and
       (V) such other entities as the Secretary determines to be 
     appropriate.

       (3) Report.--Not less frequently than once each year, the 
     Secretary shall submit to Congress a report containing an 
     assessment of--
       (A) the resource needs for import and entry agricultural 
     inspection, including the number of inspectors required;
       (B) the adequacy of--
       (i) inspection and monitoring procedures and facilities in 
     the United States; and
       (ii) the strategic plan developed under subsection 
     (e)(5)(B)(i); and
       (C) new and potential technologies and practices, including 
     recommendations regarding the technologies and practices, to 
     improve import and entry agricultural inspection.
       (4) Funding.--The Secretary shall pay the costs of each 
     import and entry agricultural inspector employed by the 
     Animal and Plant Health Inspection Service from amounts made 
     available to the Department of Agriculture for the applicable 
     fiscal year.
       (g) Effective Date.--The amendments made by this section 
     take effect on the date that is 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3507. Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an 
amendment intended to be proposed by her to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 563, between lines 15 and 16, insert the following:

     SEC. 3205. QUALITY REQUIREMENTS FOR CLEMENTINES.

       Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 
     608e-1(a)), reenacted with amendments by the Agricultural 
     Marketing Agreement Act of 1937, is amended in the matter 
     preceding the first proviso in the first sentence by 
     inserting ``clementines,'' after ``nectarines,''.
                                 ______
                                 
  SA 3508. Mr. REID (for Mr. Dorgan (for himself, Mr. Grassley, Mr. 
Harkin, Mr. Nelson of Nebraska, Mr. Feingold, Mr. Johnson, Ms. 
Klobuchar, and Mr. Tester)) proposed an amendment to amendment SA 3500 
proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. 
Grassley) to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
as follows:

       Beginning on page 187, strike line 8 and all that follows 
     through page 209, line 18, and insert the following:

     SEC. 1703. PAYMENT LIMITATIONS.

       (a) In General.--Section 1001 of the Food Security of 1985 
     (7 U.S.C. 1308) is amended--
       (1) in subsection (a), by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(1) Entity.--
       ``(A) In general.--The term `entity' means--
       ``(i) an organization that (subject to the requirements of 
     this section and section 1001A) is eligible to receive a 
     payment under a provision of law referred to in subsection 
     (b) or (c);
       ``(ii) a corporation, joint stock company, association, 
     limited partnership, limited liability company, limited 
     liability partnership, charitable organization, estate, 
     irrevocable trust, grantor of a revocable trust, or other 
     similar entity (as determined by the Secretary); and
       ``(iii) an organization that is participating in a farming 
     operation as a partner in a general partnership or as a 
     participant in a joint venture.
       ``(B) Exclusion.--The term `entity' does not include a 
     general partnership or joint venture.
       ``(C) Estates.--In promulgating regulations to define the 
     term `entity' as the term applies to estates, the Secretary 
     shall ensure that fair and equitable treatment is given to 
     estates and the beneficiaries of estates.
       ``(D) Irrevocable trusts.--In promulgating regulations to 
     define the term `entity' as the term applies to irrevocable 
     trusts, the Secretary shall ensure that irrevocable trusts 
     are legitimate entities that have not been created for the 
     purpose of avoiding a payment limitation.
       ``(2) Individual.--The term `individual' means--
       ``(A) a natural person, and any minor child of the natural 
     person (as determined by the Secretary), who, subject to the 
     requirements of this section and section 1001A, is eligible 
     to receive a payment under a provision of law referred to in 
     subsection (b), (c), or (d); and
       ``(B) a natural person participating in a farming operation 
     as a partner in a general partnership, a participant in a 
     joint venture, a grantor of a revocable trust, or a 
     participant in a similar entity (as determined by the 
     Secretary).'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Limitation on Direct Payments.--The total amount of 
     direct payments that an individual or entity may receive, 
     directly or indirectly, during any crop year under part I or 
     III of subtitle A of title I of the Food and Energy Security 
     Act of 2007 for 1 or more covered commodities and peanuts, or 
     average crop revenue payments determined under section 
     1401(b)(2) of that Act, shall not exceed $20,000.'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Limitation on Counter-Cyclical Payments.--The total 
     amount of counter-cyclical payments that an individual or 
     entity may receive, directly or indirectly, during any crop 
     year under part I or III of subtitle

[[Page S14005]]

     A or C of title I of the Food and Energy Security Act of 2007 
     for 1 or more covered commodities and peanuts, or average 
     crop revenue payments determined under section 1401(b)(3) of 
     that Act, shall not exceed $30,000.'';
       (4) by striking subsection (d) and inserting the following:
       ``(d) Limitations on Marketing Loan Gains, Loan Deficiency 
     Payments, and Commodity Certificate Transactions.--The total 
     amount of the following gains and payments that an individual 
     or entity may receive during any crop year may not exceed 
     $75,000:
       ``(1)(A) Any gain realized by a producer from repaying a 
     marketing assistance loan for 1 or more loan commodities and 
     peanuts under part II of subtitle A of title I of the Food 
     and Energy Security Act of 2007 at a lower level than the 
     original loan rate established for the loan commodity under 
     that subtitle.
       ``(B) In the case of settlement of a marketing assistance 
     loan for 1 or more loan commodities and peanuts under that 
     subtitle by forfeiture, the amount by which the loan amount 
     exceeds the repayment amount for the loan if the loan had 
     been settled by repayment instead of forfeiture.
       ``(2) Any loan deficiency payments received for 1 or more 
     loan commodities and peanuts under that subtitle.
       ``(3) Any gain realized from the use of a commodity 
     certificate issued by the Commodity Credit Corporation for 1 
     or more loan commodities and peanuts, as determined by the 
     Secretary, including the use of a certificate for the 
     settlement of a marketing assistance loan made under that 
     subtitle or section 1307 of that Act (7 U.S.C. 7957).'';
       (5) by striking subsection (e);
       (6) by redesignating subsections (f) and (g) as subsections 
     (i) and (j), respectively;
       (7) by inserting after subsection (d) the following:
       ``(e) Payments to Individuals and Entities.--
     Notwithstanding, subsections (b) through (d), an individual 
     or entity may receive, directly or indirectly, through all 
     ownership interests of the individual or entity, from all 
     sources, payments or gains (as applicable) for a crop year 
     that shall not exceed an amount equal to twice the applicable 
     dollar amounts specified in subsections (b), (c), and (d).
       ``(f) Single Farming Operation.--Notwithstanding 
     subsections (b) through (d), if an individual or entity 
     participates only in a single farming operation and receives, 
     directly or indirectly, any payment or gain covered by this 
     section through the farming operation, the total amount of 
     payments or gains (as applicable) covered by this section 
     that the individual or entity may receive during any crop 
     year shall not exceed an amount equal to twice the applicable 
     dollar amounts specified in subsections (b), (c), and (d).
       ``(g) Spousal Equity.--
       ``(1) In general.--Notwithstanding subsections (b) through 
     (f), except as provided in paragraph (2), if an individual 
     and the spouse of the individual are covered by paragraph (2) 
     and receive, directly or indirectly, any payment or gain 
     covered by this section, the total amount of payments or 
     gains (as applicable) covered by this section that the 
     individual and spouse may jointly receive during any crop 
     year may not exceed an amount equal to twice the applicable 
     dollar amounts specified in subsections (b), (c), and (d).
       ``(2) Exceptions.--
       ``(A) Separate farming operations.--In the case of a 
     married couple in which each spouse, before the marriage, was 
     separately engaged in an unrelated farming operation, each 
     spouse shall be treated as a separate individual with respect 
     to a farming operation brought into the marriage by a spouse, 
     subject to the condition that the farming operation shall 
     remain a separate farming operation, as determined by the 
     Secretary.
       ``(B) Election to receive separate payments.--A married 
     couple may elect to receive payments separately in the name 
     of each spouse if the total amount of payments and benefits 
     described in subsections (b), (c), and (d) that the married 
     couple receives, directly or indirectly, does not exceed an 
     amount equal to twice the applicable dollar amounts specified 
     in those subsections.
       ``(h) Attribution of Payments.--
       ``(1) In general.--The Secretary shall issue such 
     regulations as are necessary to ensure that all payments or 
     gains (as applicable) are attributed to an individual by 
     taking into account the direct and indirect ownership 
     interests of the individual in an entity that is eligible to 
     receive such payments or gains (as applicable).
       ``(2) Payments to an individual.--Every payment made 
     directly to an individual shall be combined with the 
     individual's pro rata interest in payments received by an 
     entity or entities in which the individual has a direct or 
     indirect ownership interest.
       ``(3) Payments to an entity.--
       ``(A) In general.--Every payment or gain (as applicable) 
     made to an entity shall be attributed to those individuals 
     who have a direct or indirect ownership in the entity.
       ``(B) Attribution of payments.--
       ``(i) Payment limits.--Except as provided by clause (ii), 
     payments or gains (as applicable) made to an entity shall not 
     exceed twice the amounts specified in subsections (b) through 
     (d).
       ``(ii) Exception.--Payments or gains (as applicable) made 
     to a joint venture or a general partnership shall not exceed, 
     for each payment or gain (as applicable) specified in 
     subsections (b) through (d), the amount determined by 
     multiplying twice the maximum payment amount specified in 
     subsections (b), (c), and (d) by the number of individuals 
     and entities (other than joint ventures and general 
     partnerships) that comprise the ownership of the joint 
     venture or general partnership.
       ``(4) 4 levels of attribution for embedded entities.--
       ``(A) In general.--Attribution of payments or gains (as 
     applicable) made to entities shall be traced through 4 levels 
     of ownership in entities.
       ``(B) First level.--Any payments or gains (as applicable) 
     made to an entity (a first-tier entity) that is owned in 
     whole or in part by an individual shall be attributed to the 
     individual in an amount that represents the direct ownership 
     in the first-tier entity by the individual.
       ``(C) Second level.--
       ``(i) In general.--Any payments or gains (as applicable) 
     made to a first-tier entity that is owned in whole or in part 
     by another entity (a second-tier entity) shall be attributed 
     to the second-tier entity in proportion to the ownership 
     interest of the second-tier entity in the first-tier entity.
       ``(ii) Ownership by individual.--If the second-tier entity 
     is owned in whole or in part by an individual, the amount of 
     the payment made to the first-tier entity shall be attributed 
     to the individual in the amount the Secretary determines to 
     represent the indirect ownership in the first-tier entity by 
     the individual.
       ``(D) Third and fourth levels.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary shall attribute payments or gains (as applicable) 
     at the third and fourth tiers of ownership in the same manner 
     as specified in subparagraph (C).
       ``(ii) Fourth-tier ownership by entity.--If the fourth-tier 
     of ownership is that of a fourth-tier entity, the Secretary 
     shall reduce the amount of the payment to be made to the 
     first-tier entity in the amount that the Secretary determines 
     to represent the indirect ownership in the first-tier entity 
     by the fourth-tier entity.''; and
       (8) in subsection (i) (as redesignated by paragraph (6)), 
     by striking ``person'' and inserting ``individual or 
     entity''.
       (b) Substantive Change; Payments Limited to Active 
     Farmers.--Section 1001A of the Food Security Act of 1985 (7 
     U.S.C. 1308-1) is amended--
       (1) by striking the section designation and heading and all 
     that follows through the end of subsection (a) and inserting 
     the following:

     ``SEC. 1001A. SUBSTANTIVE CHANGE; PAYMENTS LIMITED TO ACTIVE 
                   FARMERS.

       ``(a) Substantive Change.--
       ``(1) In general.--For purposes of the application of 
     limitations under this section, the Secretary shall not 
     approve any change in a farming operation that otherwise 
     would increase the number of individuals or entities (as 
     defined in section 1001(a)) to which the limitations under 
     this section apply, unless the Secretary determines that the 
     change is bona fide and substantive.
       ``(2) Family members.--For the purpose of paragraph (1), 
     the addition of a family member (as defined in subsection 
     (b)(2)(A)) to a farming operation under the criteria 
     established under subsection (b)(3)(B) shall be considered to 
     be a bona fide and substantive change in the farming 
     operation.
       ``(3) Primary control.--To prevent a farm from reorganizing 
     in a manner that is inconsistent with the purposes of this 
     Act, the Secretary shall promulgate such regulations as the 
     Secretary determines to be necessary to simultaneously 
     attribute payments for a farming operation to more than 1 
     individual or entity, including the individual or entity that 
     exercises primary control over the farming operation, 
     including to respond to--
       ``(A)(i) any instance in which ownership of a farming 
     operation is transferred to an individual or entity under an 
     arrangement that provides for the sale or exchange of any 
     asset or ownership interest in 1 or more entities at less 
     than fair market value; and
       ``(ii) the transferor is provided preferential rights to 
     repurchase the asset or interest at less than fair market 
     value; or
       ``(B) a sale or exchange of any asset or ownership interest 
     in 1 or more entities under an arrangement under which rights 
     to exercise control over the asset or interest are retained, 
     directly or indirectly, by the transferor.'';
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--To be eligible to receive, directly or 
     indirectly, payments or benefits described as being subject 
     to limitation in subsection (b) through (d) of section 1001 
     with respect to a particular farming operation, an individual 
     or entity (as defined in section 1001(a)) shall be actively 
     engaged in farming with respect to the farming operation, in 
     accordance with paragraphs (2), (3), and (4).'';
       (B) in paragraph (2)--
       (i) by striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) Definitions.--In this paragraph:
       ``(i) Active personal management.--The term `active 
     personal management' means, with respect to an individual, 
     administrative duties carried out by the individual for a 
     farming operation--

       ``(I) that are personally provided by the individual on a 
     regular, substantial, and continuing basis; and
       ``(II) relating to the supervision and direction of--

[[Page S14006]]

       ``(aa) activities and labor involved in the farming 
     operation; and
       ``(bb) onsite services directly related and necessary to 
     the farming operation.
       ``(ii) Family member.--The term `family member', with 
     respect to an individual participating in a farming 
     operation, means an individual who is related to the 
     individual as a lineal ancestor, a lineal descendant, or a 
     sibling (including a spouse of such an individual).
       ``(B) Active engagement.--Except as provided in paragraph 
     (3), for purposes of paragraph (1), the following shall 
     apply:
       ``(i) An individual shall be considered to be actively 
     engaged in farming with respect to a farming operation if--

       ``(I) the individual makes a significant contribution, as 
     determined under subparagraph (E) (based on the total value 
     of the farming operation), to the farming operation of--

       ``(aa) capital, equipment, or land; and
       ``(bb) personal labor and active personal management;

       ``(II) the share of the individual of the profits or losses 
     from the farming operation is commensurate with the 
     contributions of the individual to the operation; and
       ``(III) a contribution of the individual is at risk.

       ``(ii) An entity shall be considered to be actively engaged 
     in farming with respect to a farming operation if--

       ``(I) the entity makes a significant contribution, as 
     determined under subparagraph (E) (based on the total value 
     of the farming operation), to the farming operation of 
     capital, equipment, or land;
       ``(II)(aa) the stockholders or members that collectively 
     own at least 51 percent of the combined beneficial interest 
     in the entity each make a significant contribution of 
     personal labor and active personal management to the 
     operation; or
       ``(bb) in the case of an entity in which all of the 
     beneficial interests are held by family members, any 
     stockholder or member (or household comprised of a 
     stockholder or member and the spouse of the stockholder or 
     member) who owns at least 10 percent of the beneficial 
     interest in the entity makes a significant contribution of 
     personal labor or active personal management; and
       ``(III) the entity meets the requirements of subclauses 
     (II) and (III) of clause (i).'';

       (ii) in subparagraph (C), by striking ``and the standards 
     provided'' and all that follows through ``active personal 
     management'' and inserting ``the partners or members making a 
     significant contribution of personal labor or active personal 
     management and meeting the standards provided in subclauses 
     (II) and (III) of subparagraph (B)(i)''; and
       (iii) by adding at the end the following:
       ``(E) Significant contribution of personal labor or active 
     personal management.--
       ``(i) In general.--Subject to clause (ii), for purposes of 
     subparagraph (B), an individual shall be considered to be 
     providing, on behalf of the individual or an entity, a 
     significant contribution of personal labor or active personal 
     management, if the total contribution of personal labor and 
     active personal management is at least equal to the lesser 
     of--

       ``(I) 1,000 hours; and
       ``(II) a period of time equal to--

       ``(aa) 50 percent of the commensurate share of the total 
     number of hours of personal labor and active personal 
     management required to conduct the farming operation; or
       ``(bb) in the case of a stockholder or member (or household 
     comprised of a stockholder or member and the spouse of the 
     stockholder or member) that owns at least 10 percent of the 
     beneficial interest in an entity in which all of the 
     beneficial interests are held by family members, 50 percent 
     of the commensurate share of hours of the personal labor and 
     active personal management of all family members required to 
     conduct the farming operation.
       ``(ii) Minimum labor hours.--For the purpose of clause (i), 
     the minimum number of labor hours required to produce a 
     commodity shall be equal to the number of hours that would be 
     necessary to conduct a farming operation for the production 
     of each commodity that is comparable in size to the 
     commensurate share of an individual or entity in the farming 
     operation for the production of the commodity, based on the 
     minimum number of hours per acre required to produce the 
     commodity in the State in which the farming operation is 
     located, as determined by the Secretary.'';
       (C) in paragraph (3)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Landowners.--An individual or entity that is a 
     landowner contributing owned land, and that meets the 
     requirements of subclauses (II) and (III) of paragraph 
     (2)(B)(i), if, as determined by the Secretary--
       ``(i) the landowner share-rents the land at a rate that is 
     usual and customary; and
       ``(ii) the share received by the landowner is commensurate 
     with the share of the crop or income received as rent.'';
       (ii) in subparagraph (B)--

       (I) in the first sentence--

       (aa) by striking ``persons, a majority of whom are 
     individuals who'' and inserting ``individuals who are family 
     members, or an entity the majority of the stockholders or 
     members of which''; and
       (bb) by striking ``standards provided in clauses (ii) and 
     (iii) of paragraph (2)(A)'' and inserting ``requirements of 
     subclauses (II) and (III) of paragraph (2)(B)(i)''; and

       (II) by striking the second sentence; and

       (iii) in subparagraph (C), by striking ``standards provided 
     in clauses (ii) and (iii) of paragraph (2)(A)'' and inserting 
     ``requirements of subclauses (II) and (III) of paragraph 
     (2)(B)(i), and who was receiving payments from the landowner 
     as a sharecropper prior to the effective date of the Food and 
     Energy Security Act of 2007'';
       (D) in paragraph (4)--
       (i) in the paragraph heading, by striking ``Persons'' and 
     inserting ``Individuals and entities'';
       (ii) in the matter preceding subparagraph (A), by striking 
     ``persons'' and inserting ``individuals and entities''; and
       (iii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Other individuals and entities.--Any other individual 
     or entity, or class of individuals or entities, that fails to 
     meet the requirements of paragraphs (2) and (3), as 
     determined by the Secretary.'';
       (E) by redesignating paragraphs (5) and (6) as paragraphs 
     (6) and (7), respectively;
       (F) by inserting after paragraph (4) the following:
       ``(5) Personal labor and active personal management.--No 
     stockholder or member may provide personal labor or active 
     personal management to meet the requirements of this 
     subsection for individuals or entities that collectively 
     receive, directly or indirectly, an amount equal to more than 
     twice the applicable limits under subsections (b), (c), and 
     (d) of section 1001.''; and
       (G) in paragraph (6) (as redesignated by subparagraph 
     (E))--
       (i) in the first sentence--

       (I) by striking ``A person'' and inserting ``An individual 
     or entity''; and
       (II) by striking ``such person'' and inserting ``the 
     individual or entity''; and

       (ii) by striking the second sentence; and
       (3) by adding at the end the following:
       ``(c) Notification by Entities.--To facilitate the 
     administration of this section, each entity that receives 
     payments or benefits described as being subject to limitation 
     in subsection (b), (c), or (d) of section 1001 with respect 
     to a particular farming operation shall--
       ``(1) notify each individual or other entity that acquires 
     or holds a beneficial interest in the farming operation of 
     the requirements and limitations under this section; and
       ``(2) provide to the Secretary, at such times and in such 
     manner as the Secretary may require, the name and social 
     security number of each individual, or the name and taxpayer 
     identification number of each entity, that holds or acquires 
     such a beneficial interest.''.
       (c) Schemes or Devices.--Section 1001B of the Food Security 
     Act of 1985 (7 U.S.C. 1308-2) is amended--
       (1) by inserting ``(a) In General.--'' before ``If'';
       (2) in subsection (a) (as designated by paragraph (1)), by 
     striking ``person'' each place it appears and inserting 
     ``individual or entity''; and
       (3) by adding at the end the following:
       ``(b) Extended Ineligibility.--If the Secretary determines 
     that an individual or entity, for the benefit of the 
     individual or entity or of any other individual or entity, 
     has knowingly engaged in, or aided in the creation of 
     fraudulent documents, failed to disclose material information 
     relevant to the administration of this subtitle requested by 
     the Secretary, or committed other equally serious actions as 
     identified in regulations issued by the Secretary, the 
     Secretary may for a period not to exceed 5 crop years deny 
     the issuance of payments to the individual or entity.
       ``(c) Fraud.--If fraud is committed by an individual or 
     entity in connection with a scheme or device to evade, or 
     that has the purpose of evading, section 1001, 1001A, or 
     1001C, the individual or entity shall be ineligible to 
     receive farm program payments described as being subject to 
     limitation in subsection (b), (c), or (d) of section 1001 
     for--
       ``(1) the crop year for which the scheme or device is 
     adopted; and
       ``(2) the succeeding 5 crop years.
       ``(d) Joint and Several Liability.--Any individual or 
     entity that participates in a scheme or device described in 
     subsection (a) or (b) shall be jointly and severally liable 
     for any and all overpayments resulting from the scheme or 
     device, and subject to program ineligibility resulting from 
     the scheme or device, regardless of whether a particular 
     individual or entity was a payment recipient.
       ``(e) Waiver Authority.--
       ``(1) In general.--The Secretary may fully or partially 
     release an individual or entity from liability for repayment 
     of program proceeds under subsection (d) if the individual or 
     entity cooperates with the Department of Agriculture by 
     disclosing a scheme or device to evade section 1001, 1001A, 
     or 1001C or any other provision of law administered by the 
     Secretary that imposes a payment limitation.
       ``(2) Discretion.--The decision of the Secretary under this 
     subsection is vested in the sole discretion of the 
     Secretary.''.
       (d) Foreign Individuals and Entities Made Ineligible for 
     Program Benefits.--Section 1001C of the Food Security Act of 
     1985 (7 U.S.C. 1308-3) is amended--
       (1) in the section heading, by striking ``PERSONS'' and 
     inserting ``INDIVIDUALS AND ENTITIES'';
       (2) in subsection (a), by striking ``person'' each place it 
     appears and inserting ``individual'';
       (3) in subsection (b)--
       (A) in the subsection heading, by striking ``Corporation or 
     Other''; and

[[Page S14007]]

       (B) in the first sentence--
       (i) by striking ``a corporation or other entity shall be 
     considered a person that'' and inserting ``an entity''; and
       (ii) by striking ``persons'' both places it appears and 
     inserting ``individuals''; and
       (4) in subsection (c), by striking ``person'' and inserting 
     ``entity or individual''.
       (e) Treatment of Multiyear Program Contact Payments.--
     Section 1001F of the Food Security Act of 1985 (7 U.S.C. 
     1308-5) is repealed.
       On page 233, strike lines 6 through 13 and insert the 
     following:
       (4) by striking subsection (e) and inserting the following:
       ``(e) Funding.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall use to carry out this 
     section--
       ``(1) $5,000,000 for fiscal year 2008; and
       ``(2) $10,000,000 for each of fiscal years 2009 through 
     2012.''.
       On page 239, strike lines 8 through 14 and insert the 
     following:
       ``(1) In general.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Secretary of Agriculture to carry out this 
     section, to remain available until expended--
       ``(A) not later than 30 days after the date of enactment of 
     the Food and Energy Security Act of 2007, $22,000,000; and
       ``(B) on October 1, 2011, $3,000,000.''.
       On pages 445, strike lines 18 through 25 and insert the 
     following:
       ``(5) The farmland protection program under subchapter B of 
     chapter 2, using, to the maximum extent practicable--
       ``(A) $97,000,000 for fiscal year 2008;
       ``(B) $114,000,000 for each of fiscal years 2009 and 2010;
       ``(C) $115,000,000 for fiscal year 2011; and
       ``(D) $97,000,000 for fiscal year 2012.
       ``(6) The grassland reserve program under subchapter C of 
     chapter 2, using, to the maximum extent practicable, 
     $285,000,000 for the period of fiscal years 2008 through 
     2012.
       Beginning on page 574, strike line 23 and all that follows 
     through page 575, line 3 and insert the following:
       ``(2) Amounts.--In addition to the amounts made available 
     under paragraph (1), from amounts made available to carry out 
     this Act, the Secretary shall use to carry out this 
     subsection--
       ``(A) $110,000,000 for each of fiscal years 2008 through 
     2012; and
       ``(B) $63,000,000 for each of fiscal years 2013 through 
     2017.''.
       On page 662, strike lines 2 through 7 and insert the 
     following:
       (a) Emergency Food Assistance.--Section 204(a)(1) of the 
     Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)) 
     is amended in the first sentence by striking ``$60,000,000 
     for each of the fiscal years 2003 through 2007'' and 
     inserting ``$100,000,000 for fiscal year 2008, $113,000,000 
     for fiscal year 2009, $114,000,000 for each of fiscal years 
     2010 and 2011, $115,000,000 for fiscal year 2012, and 
     $100,000,000 for each fiscal year thereafter''.
       On page 692, strike lines 6 through 17 and insert the 
     following:
       (1) section 4101;
       (2) section 4102;
       (3) section 4104;
       (4) section 4107;
       (5) section 4109;
       (6) section 4701(a)(3); and
       (7) section 4903.
       On page 715, strike lines 6 through 9 and insert the 
     following:
       ``(1) Funding.--
       ``(A) Mandatory funding.--Of the funds of the Commodity 
     Credit Corporation, the Secretary shall use to carry out this 
     section $5,000,000 for each of fiscal years 2009 through 
     2012, to remain available until expended.
       ``(B) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2008 through 2012.
       On page 744, line 6, strike ``$100,000,000'' and insert 
     ``$200,000,000''.
       On page 746, strike lines 12 through 18 and insert the 
     following:
       (1) In general.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall make available for payments 
     and debt relief in satisfaction of claims against the United 
     States under subsection (b) and for any actions under 
     subsection (g), to remain available until expended--
       (A) $120,000,000 for fiscal year 2008; and
       (B) $40,000,000 for each of fiscal years 2009 and 2010.
       Beginning on page 787, strike line 22 and all that follows 
     through page 788, line 2, and insert the following:
       ``(A) In general.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall use to carry out this 
     section, $40,000,000 for each of fiscal year 2008 and 2009, 
     to remain available until expended.
       On page 993, strike lines 16 through 18 and insert the 
     following:
       ``(h) Funding.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall use to carry out this 
     section, $15,000,000 for each of fiscal years 2009 through 
     2012, to remain available until expended.''.
                                 ______
                                 
  SA 3509. Mr. REID proposed an amendment to amendment SA 3508 proposed 
by Mr. Reid (for Mr. Dorgan (for himself, Mr. Grassley, Mr. Harkin, Mr. 
Nelson of Nebraska, Mr. Feingold, Mr. Johnson, Ms. Klobuchar, and Mr. 
Tester)) to the amendment SA 3500 proposed by Mr. Harkin (for himself, 
Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; as follows:

       At the end of the amendment add the following:
       This section shall take effect 1 day after enactment.
                                 ______
                                 
  SA 3510. Mr. REID proposed an amendment to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; as follows:

       At the end of the bill add the following:
       This section shall take effect 3 days after the date of 
     enactment.
                                 ______
                                 
  SA 3511. Mr. REID proposed an amendment to amendment SA 3510 proposed 
by Mr. Reid to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
as follows:

       In the amendment strike 3 and insert 4.
                                 ______
                                 
  SA 3512. Mr. REID proposed an amendment to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; as follows:

       At the end of the bill add the following:
       This section shall take effect 5 days after the date of 
     enactment.
                                 ______
                                 
  SA 3513. Mr. REID proposed an amendment to amendment SA 3512 proposed 
by Mr. Reid to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
as follows:

       In the motion strike 5 and insert 6.
                                 ______
                                 
  SA 3514. Mr. REID proposed an amendment to amendment SA 3513 proposed 
by Mr. Reid to the amendment SA 3512 proposed by Mr. Reid to the bill 
H.R. 2419, to provide for the continuation of agricultural programs 
through fiscal year 2012, and for other purposes; as follows:

       In the amendment strike 6 and insert 7.
                                 ______
                                 
  SA 3515. Mr. STEVENS (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed by him to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 884, line 16, strike ``or''.
       On page 884, between lines 16 and 17, insert the following:
       ``(6) competitive grants, for public television stations or 
     a consortium of public television stations, to provide 
     education, outreach, and assistance, in cooperation with 
     community groups, to rural communities and vulnerable 
     populations with respect to the digital television 
     transition, and particularly the acquisition, delivery, and 
     installation of the digital-to-analog converter boxes 
     described in section 3005 of the Digital Television 
     Transition and Public Safety Act of 2005 (47 U.S.C. 309 
     note); or
       On page 884, line 17, strike ``(6)'' and insert ``(7)''.
                                 ______
                                 
  SA 3516. Mr. TESTER submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 850, strike line 23 and all that follows 
     through page 851, line 6, and insert the following:
       ``(b) Loans.--In addition to any other funds or authorities 
     otherwise made available under this Act, the Secretary may 
     make electric loans under this title for--
       ``(1) electric generation from renewable energy resources 
     for resale to rural and nonrural residents;
       ``(2) transmission lines principally for the purpose of 
     wheeling power from 1 or more renewable energy sources; and
       ``(3) a project to capture, transport, and store carbon 
     dioxide at an eligible facility, except that funds from a 
     loan made available for such a project may be used only--
       ``(A) to carry out carbon dioxide capture, including 
     purification and compression;
       ``(B) to provide for the cost of transportation and 
     injection of carbon dioxide; or
       ``(C) to incorporate within the project a comprehensive 
     measurement, monitoring, and validation program.
                                 ______
                                 
  SA 3517. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:


[[Page S14008]]


       Beginning on page 313, strike line 21 and all that follows 
     through page 320, line 22, and insert the following:
       (e) Pilot Program for Enrollment of Wetland, Shallow Water 
     Areas, and Buffer Acreage in Conservation Reserve.--Section 
     1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is 
     amended by striking subsection (h) and inserting the 
     following:
       ``(h) Pilot Program for Enrollment of Wetland, Shallow 
     Water Areas, and Buffer Acreage in Conservation Reserve.--
       ``(1) Program.--
       ``(A) In general.--During the 2008 through 2012 calendar 
     years, the Secretary shall carry out a program in each State 
     under which the Secretary shall enroll eligible acreage 
     described in paragraph (2).
       ``(B) Participation among states.--The Secretary shall 
     ensure, to the maximum extent practicable, that owners and 
     operators in each State have an equitable opportunity to 
     participate in the pilot program established under this 
     subsection.
       ``(2) Eligible acreage.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), an 
     owner or operator may enroll in the conservation reserve 
     under this subsection--
       ``(i)(I) a wetland (including a converted wetland described 
     in section 1222(b)(1)(A)) that had a cropping history during 
     at least 3 of the immediately preceding 10 crop years;
       ``(II) a shallow water area that was devoted to a 
     commercial pond-raised aquaculture operation any year during 
     the period of calendar years 2002 through 2007; or
       ``(III) an agricultural drainage water treatment wetland 
     that receives flow from a row crop agricultural drainage 
     system and is designed to provide nitrogen removal in 
     addition to other wetland functions; and
       ``(ii) buffer acreage that--

       ``(I) is contiguous to a wetland or shallow water area 
     described in clause (i);
       ``(II) is used to protect the wetland or shallow water area 
     described in clause (i); and
       ``(III) is of such width as the Secretary determines to be 
     necessary to protect the wetland or shallow water area 
     described in clause (i) or to enhance the wildlife benefits, 
     including through restoration of bottomland hardwood habitat, 
     taking into consideration and accommodating the farming 
     practices (including the straightening of boundaries to 
     accommodate machinery) used with respect to the cropland that 
     surrounds the wetland or shallow water area.

       ``(B) Program limitations.--
       ``(i) In general.--The Secretary may enroll in the 
     conservation reserve under this subsection not more than--

       ``(I) 100,000 acres in any 1 State referred to in paragraph 
     (1); and
       ``(II) not more than a total of 1,000,000 acres.

       ``(ii) Relationship to program maximum.--Subject to clause 
     (iii), for the purposes of subsection (d), any acreage 
     enrolled in the conservation reserve under this subsection 
     shall be considered acres maintained in the conservation 
     reserve.
       ``(iii) Relationship to other enrolled acreage.--Acreage 
     enrolled under this subsection shall not affect for any 
     fiscal year the quantity of--

       ``(I) acreage enrolled to establish conservation buffers as 
     part of the program announced on March 24, 1998 (63 Fed. Reg. 
     14109); or
       ``(II) acreage enrolled into the conservation reserve 
     enhancement program announced on May 27, 1998 (63 Fed. Reg. 
     28965).

       ``(iv) Review; potential increase in enrollment acreage.--
     Not later than 3 years after the date of enactment of the 
     Food and Energy Security Act of 2007, the Secretary shall--

       ``(I) conduct a review of the program under this subsection 
     with respect to each State that has enrolled land in the 
     program; and
       ``(II) notwithstanding clause (i)(I), increase the number 
     of acres that may be enrolled by a State under clause (i)(I) 
     to not more than 150,000 acres, as determined by the 
     Secretary.

       ``(C) Owner or operator limitations on buffer acreage.--The 
     maximum size of any buffer acreage described in subparagraph 
     (A)(ii) of an owner or operator enrolled in the conservation 
     reserve under this subsection shall be determined by the 
     Secretary, in consultation with the State Technical 
     Committee.
       ``(3) Duties of owners and operators.--Under a contract 
     entered into under this subsection, during the term of the 
     contract, an owner or operator of a farm or ranch shall 
     agree--
       ``(A) to restore the hydrology of the wetland within the 
     eligible acreage to the maximum extent practicable, as 
     determined by the Secretary;
       ``(B) to establish vegetative cover (which may include 
     emerging vegetation in water and bottomland hardwoods, 
     cypress, and other appropriate tree species in shallow water 
     areas) on the eligible acreage, as determined by the 
     Secretary;
       ``(C) to a general prohibition of commercial use of the 
     enrolled land, except for hunting leases and other 
     environmental services; and
       ``(D) to carry out other duties described in section 1232.
       ``(4) Duties of the secretary.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), in return for a contract entered into by an owner or 
     operator under this subsection, the Secretary shall make 
     payments based on rental rates for cropland and provide 
     assistance to the owner or operator in accordance with 
     sections 1233 and 1234.
       ``(B) Continuous signup.--The Secretary shall use 
     continuous signup under section 1234(c)(2)(B) to determine 
     the acceptability of contract offers and the amount of rental 
     payments under this subsection.
       ``(C) Incentives.--The amounts payable to owners and 
     operators in the form of rental payments under contracts 
     entered into under this subsection shall reflect incentives 
     that are provided to owners and operators to enroll 
     filterstrips in the conservation reserve under section 
     1234.''.
                                 ______
                                 
  SA 3518. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 793, between lines 16 and 17, insert the following:

     SEC. 6___. GRANTS TO IMPROVE TECHNICAL INFRASTRUCTURE AND 
                   QUALITY OF RURAL HEALTH CARE FACILITIES.

       Subtitle D of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1981 et seq.) (as amended by section 6028) is 
     amended by adding at the end the following:

     ``SEC. 379F. GRANTS TO IMPROVE TECHNICAL INFRASTRUCTURE AND 
                   QUALITY OF RURAL HEALTH CARE FACILITIES.

       ``(a) Definitions.--In this section:
       ``(1) Health information technology.--The term `health 
     information technology' includes total expenditures incurred 
     for--
       ``(A) purchasing, leasing, and installing computer software 
     and hardware, including handheld computer technologies, and 
     related services;
       ``(B) making improvements to computer software and 
     hardware;
       ``(C) purchasing or leasing communications capabilities 
     necessary for clinical data access, storage, and exchange;
       ``(D) services associated with acquiring, implementing, 
     operating, or optimizing the use of computer software and 
     hardware and clinical health care informatics systems;
       ``(E) providing education and training to rural health 
     facility staff on information systems and technology designed 
     to improve patient safety and quality of care; and
       ``(F) purchasing, leasing, subscribing, or servicing 
     support to establish interoperability that--
       ``(i) integrates patient-specific clinical data with well-
     established national treatment guidelines;
       ``(ii) provides continuous quality improvement functions 
     that allow providers to assess improvement rates over time 
     and against averages for similar providers; and
       ``(iii) integrates with larger health networks.
       ``(2) Rural area.--The term `rural area' means any area of 
     the United States that is not--
       ``(A) included in the boundaries of any city, town, 
     borough, or village, whether incorporated or unincorporated, 
     with a population of more than 20,000 residents; or
       ``(B) an urbanized area contiguous and adjacent to such a 
     city, town, borough, or village.
       ``(3) Rural health facility.--The term `rural health 
     facility' means any of--
       ``(A) a hospital (as defined in section 1861(e) of the 
     Social Security Act (42 U.S.C. 1395x(e)));
       ``(B) a critical access hospital (as defined in section 
     1861(mm) of that Act (42 U.S.C. 1395x(mm)));
       ``(C) a Federally qualified health center (as defined in 
     section 1861(aa) of that Act (42 U.S.C. 1395x(aa))) that is 
     located in a rural area;
       ``(D) a rural health clinic (as defined in that section (42 
     U.S.C. 1395x(aa)));
       ``(E) a medicare-dependent, small rural hospital (as 
     defined in section 1886(d)(5)(G) of that Act (42 U.S.C. 
     1395ww(d)(5)(G)));
       ``(F) a physician or physician group practice that is 
     located in a rural area; and
       ``(G) a governmental or nongovernmental ground or air 
     ambulance service licensed or recognized by a State.
       ``(b) Establishment of Program.--The Secretary shall 
     establish a program under which the Secretary shall provide 
     grants to rural health facilities for the purpose of 
     assisting the rural health facilities in--
       ``(1) purchasing health information technology to improve 
     the quality of health care or patient safety; or
       ``(2) otherwise improving the quality of health care or 
     patient safety, including through the development of--
       ``(A) quality improvement support structures to assist 
     rural health facilities and professionals--
       ``(i) to increase integration of personal and population 
     health services; and
       ``(ii) to address safety, effectiveness, patient- or 
     community-centeredness, timeliness, efficiency, and equity; 
     and
       ``(B) innovative approaches to the financing and delivery 
     of health services to achieve rural health quality goals.
       ``(c) Amount of Grant.--The Secretary shall determine the 
     amount of a grant provided under this section.
       ``(d) Provision of Information.--A rural health facility 
     that receives a grant under this section shall provide to the 
     Secretary

[[Page S14009]]

     such information as the Secretary may require--
       ``(1) to evaluate the project for which the grant is used; 
     and
       ``(2) to ensure that the grant is expended for the purposes 
     for which the grant was provided.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     not more than $30,000,000 for each of fiscal years 2008 
     through 2012.''.
                                 ______
                                 
  SA 3519. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle B of title XI, add the following:

     SEC. 11___. RURAL FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE 
                   ASSISTANCE PROGRAM.

       Section 6405 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 2655) is amended to read as follows:

     ``SEC. 6405. RURAL FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE 
                   ASSISTANCE PROGRAM.

       ``(a) Definition of Emergency Medical Service.--In this 
     section:
       ``(1) In general.--The term `emergency medical service' 
     means any resource used by a qualified public or private 
     entity, or by any other entity recognized as qualified by the 
     State involved, to deliver medical care outside of a medical 
     facility under emergency conditions that occur as a result 
     of--
       ``(A) the condition of the patient; or
       ``(B) a natural disaster or similar situation.
       ``(2) Inclusions.--The term `emergency medical service' 
     includes (compensated or volunteer) services delivered by an 
     emergency medical service provider or other provider 
     recognized by the State involved that is licensed or 
     certified by the State as an emergency medical technician or 
     the equivalent (as determined by the State), a registered 
     nurse, a physician assistant, or a physician that provides 
     services similar to services provided by such an emergency 
     medical service provider.
       ``(b) Grants.--The Secretary shall award grants to eligible 
     entities--
       ``(1) to enable the entities to provide for improved 
     emergency medical services in rural areas; and
       ``(2) to pay the cost of training firefighters and 
     emergency medical personnel in firefighting, emergency 
     medical practices, and responding to hazardous materials and 
     bioagents in rural areas.
       ``(c) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       ``(1) be--
       ``(A) a State emergency medical services office;
       ``(B) a State emergency medical services association;
       ``(C) a State office of rural health;
       ``(D) a local government entity;
       ``(E) an Indian tribe (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b));
       ``(F) a State or local ambulance provider; or
       ``(G) any other entity determined to be appropriate by the 
     Secretary; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require, that includes--
       ``(A) a description of the activities to be carried out 
     under the grant; and
       ``(B) an assurance that the applicant will comply with the 
     matching requirement of subsection (f).
       ``(d) Use of Funds.--An entity shall use amounts received 
     under a grant made under subsection (b) only in rural areas--
       ``(1) to hire or recruit emergency medical service 
     personnel;
       ``(2) to recruit or retain volunteer emergency medical 
     service personnel;
       ``(3) to train emergency medical service personnel in 
     emergency response, injury prevention, safety awareness, and 
     other topics relevant to the delivery of emergency medical 
     services;
       ``(4) to fund training to meet Federal or State 
     certification requirements;
       ``(5) to provide training for firefighters and emergency 
     medical personnel for improvements to the training facility, 
     equipment, curricula, and personnel;
       ``(6) to develop new ways to educate emergency health care 
     providers through the use of technology-enhanced educational 
     methods (such as distance learning);
       ``(7) to acquire emergency medical services vehicles, 
     including ambulances;
       ``(8) to acquire emergency medical services equipment, 
     including cardiac defibrillators;
       ``(9) to acquire personal protective equipment for 
     emergency medical services personnel as required by the 
     Occupational Safety and Health Administration; and
       ``(10) to educate the public concerning cardiopulmonary 
     resuscitation, first aid, injury prevention, safety 
     awareness, illness prevention, and other related emergency 
     preparedness topics.
       ``(e) Preference.--In awarding grants under this section, 
     the Secretary shall give preference to--
       ``(1) applications that reflect a collaborative effort by 2 
     or more of the entities described in subparagraphs (A) 
     through (G) of subsection (c)(1); and
       ``(2) applications submitted by entities that intend to use 
     amounts provided under the grant to fund activities described 
     in any of paragraphs (1) through (5) of subsection (d).
       ``(f) Matching Requirement.--The Secretary may not make a 
     grant under this section to an entity unless the entity 
     agrees that the entity will make available (directly or 
     through contributions from other public or private entities) 
     non-Federal contributions toward the activities to be carried 
     out under the grant in an amount equal to 5 percent of the 
     amount received under the grant.
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to the Secretary to carry out this section not more than 
     $30,000,000 for each of fiscal years 2008 through 2012.
       ``(2) Administrative costs.--Not more than 10 percent of 
     the amount appropriated under paragraph (1) for a fiscal year 
     may be used for administrative expenses.''.
                                 ______
                                 
  SA 3520. Mrs. BOXER (for herself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subchapter B of chapter 2 of subtitle D of 
     title II, add the following:

     SEC. 23__. AIR QUALITY IMPROVEMENT.

       (a) In General.--Under the environmental quality section of 
     the program established under this subchapter, the Secretary 
     shall promote air quality by providing cost-share payments 
     and incentive payments to individual producers for use in 
     addressing air quality concerns associated with agriculture.
       (b) Eligible Practices, Cost-Share.--
       (1) Reduction of emissions of air pollutants and precursors 
     of air pollutants.--In addition to practices eligible for 
     cost-share payments under the environmental quality section 
     of the program established under this subchapter, the 
     Secretary shall provide cost-share payments to producers 
     under this section for mobile or stationary equipment 
     (including engines) used in an agricultural operation that 
     would reduce emissions and precursors of air pollutants.
       (2) Considerations.--In evaluating applications for cost-
     share assistance for equipment described in paragraph (1), 
     the Secretary shall prioritize assistance for equipment 
     that--
       (A) is the most cost-effective in addressing air quality 
     concerns; and
       (B) would assist producers in meeting Federal, State, or 
     local regulatory requirements relating to air quality.
       (c) Locations.--To receive a payment for a project under 
     this section, a producer shall carry out the project in a 
     county--
       (1) that is in nonattainment with respect to ambient air 
     quality standards;
       (2) in which there is air quality degradation, recognized 
     by a State or local agency, to which agricultural emissions 
     significantly contribute.
       (d) Priority.--The Secretary shall give priority to 
     projects that--
       (1) involve multiple producers implementing eligible 
     conservation activities in a coordinated manner to promote 
     air quality; or
       (2) are designed to encourage broad adoption of innovative 
     approaches, including approaches involving the use of 
     innovative technologies and integrated pest management, on 
     the condition that the technologies do not have the 
     unintended consequence of compromising other environmental 
     goals.
                                 ______
                                 
  SA 3521. Mr. CASEY (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed by him to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 1362, between lines 19 and 20, insert the 
     following:

     SEC. 11072. INVASIVE PEST AND DISEASE EMERGENCY RESPONSE 
                   FUNDING CLARIFICATION.

       The Secretary may provide funds on an emergency basis to 
     States to assist the States in combating invasive pest and 
     disease outbreaks for any appropriate period of years after 
     the date of initial detection by a State of an invasive pest 
     or disease outbreak, as determined by the Secretary.
                                 ______
                                 
  SA 3522. Mr. CASEY (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed by him to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place in the nutrition title, insert the 
     following:

[[Page S14010]]

     SEC. ___. SENSE OF CONGRESS REGARDING THE FOOD STAMP 
                   NUTRITION EDUCATION PROGRAM.

       (a) Findings.--Congress finds that--
       (1) nutrition education under the Food and Nutrition Act of 
     2007 (7 U.S.C. 2011 et seq.) plays an essential role in 
     improving the dietary and physical activity practices of low-
     income people in the United States, helping to reduce food 
     insecurity, prevent obesity, and reduce the risks of chronic 
     disease;
       (2) expert organizations, such as the Institute of 
     Medicine, indicate that dietary and physical activity 
     behavior change is more likely to result from the combined 
     application of public health approaches and education than 
     from education alone; and
       (3) State programs are implementing nutrition education 
     using effective strategies, including direct education, group 
     activities, and social marketing.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Secretary should support and encourage the most 
     effective interventions for nutrition education under the 
     Food and Nutrition Act of 2007 (7 U.S.C. 2011 et seq.), 
     including public health approaches and traditional education, 
     to increase the likelihood that recipients of food and 
     nutrition program benefits and people who are potentially 
     eligible for those benefits will choose diets and physical 
     activity practices consistent with the Dietary Guidelines for 
     Americans; and
       (2) to promote the most effective implementation of 
     publicly-funded programs, State nutrition education 
     activities under the Food and Nutrition Act of 2007 (7 U.S.C. 
     2011 et seq.)--
       (A) should be coordinated with other federally-funded food 
     assistance and public health programs; and
       (B) should leverage public/private partnerships to maximize 
     the resources and impact of the programs.
                                 ______
                                 
  SA 3523. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 672, strike line 7 and all that follows 
     through page 673, line 4, and insert the following:

     SEC. 4904. BUY AMERICAN REQUIREMENTS.

       (a) Findings.--Congress finds the following:
       (1) Federal law requires that commodities and products 
     purchased with Federal funds be, to the extent practicable, 
     of domestic origin.
       (2) Federal Buy American statutory requirements seek to 
     ensure that purchases made with Federal funds benefit 
     domestic producers.
       (3) The Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.) requires the use of domestic food 
     products for all meals served under the program, including 
     foods products for all meals served under the program, 
     including foods products purchased with local funds.
       (b) Buy American Statutory Requirements.--The Department of 
     Agriculture should undertake training, guidance, and 
     enforcement of the various current Buy American statutory 
     requirements and regulations, including those of the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 
     and the Department of Defense fresh fruit and vegetable 
     distribution program.
                                 ______
                                 
  SA 3524. Ms. MIKULSKI (for herself and Mr. Specter) submitted an 
amendment intended to be proposed by her to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 1045, after line 2, insert the following:

     SEC. 7505. STUDIES AND REPORTS BY THE DEPARTMENT OF 
                   AGRICULTURE AND THE NATIONAL ACADEMY OF 
                   SCIENCES ON FOOD PRODUCTS FROM CLONED ANIMALS.

       (a) Study by the Department of Agriculture.--
       (1) In general.--The Secretary of Agriculture (referred to 
     in this section as the ``Secretary''), in coordination with 
     the Economic Research Service, and after consultation with 
     the Secretary of Health and Human Services (acting through 
     the Commissioner of Food and Drugs), shall conduct a study on 
     the economic and trade impact of agricultural exports of food 
     products from cloned animals.
       (2) Content of study.--The study under paragraph (1) shall 
     include--
       (A) an analysis of the domestic agricultural and 
     international trade economic implications of permitting 
     commercialization of milk and meat from cloned animals and 
     their progeny into the food supply, with special attention 
     to--
       (i) the impact on Federal agricultural expenditures; and
       (ii) meat and milk exports shifts that would take place as 
     other countries react to that commercialization, including 
     the potential for other countries to ban exports from the 
     United States; and
       (B) estimates of the consumer and exporter behavioral 
     responses that must be factored into both the economic impact 
     analysis and the health impact analysis required under this 
     section.
       (b) Study With the Government Accountability Office on 
     Monitoring Food Products From Cloned Animals.--
       (1) In general.--The Secretary, in coordination with 
     Comptroller General of the United States, shall conduct a 
     study on the programs in place at the Department of 
     Agriculture to monitor food products from cloned animals if 
     such products enter the food supply.
       (2) Content of study.--The study under paragraph (1) shall 
     include an evaluation of the processes in place at the 
     Department of Agriculture to monitor food products from 
     cloned animals throughout the food supply. The study shall 
     also include a review of existing studies and literature, 
     from the United States and other countries and organizations, 
     that relate to the evaluation of the safety of food products 
     from cloned animals and methods for monitoring such products 
     in the food supply.
       (c) Study With the Government Accountability Office on the 
     Health Effects and Costs Attributable to Milk From Cloned 
     Animals in the Food Supply.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Health and Human Services (acting through the 
     Commissioner of Food and Drugs), and in coordination with 
     Comptroller General of the United States, shall conduct a 
     study on the health effects and costs attributable to milk 
     from cloned animals in the food supply.
       (2) Content of study.--The study under paragraph (1) shall 
     include an evaluation and measurement of the potential public 
     health effects and associated health care costs, including 
     any consumer behavior changes and negative impacts on 
     nutrition, and prevention of osteoporosis and other chronic 
     disease that result from any decrease in milk consumption, 
     attributable to the commercialization of milk from cloned 
     animals and their progeny.
       (d) Study With the National Academy of Sciences.--
       (1) In general.--The Secretary shall contract with the 
     National Academy of Sciences to conduct a study and report to 
     Congress regarding the safety of food products derived from 
     cloned animals.
       (2) Content of study.--The study under paragraph (1) shall 
     include a review and an assessment of whether the studies 
     (including peer review studies), data, and analysis used in 
     the draft risk assessment issued by the Food and Drug 
     Administration entitled Animal Cloning: A Draft Risk 
     Assessment (issued on December 28, 2006) supported the 
     conclusions drawn by such draft risk assessment and--
       (A) whether there were a sufficient number of studies to 
     support such conclusions; and
       (B) whether additional pertinent studies and data exist 
     which were not considered in the draft risk assessment and 
     how this additional information affects the conclusions drawn 
     in such draft risk assessment.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to impede ongoing scientific research in artificial 
     reproductive health technologies.
       (f) Timeframe for Studies.--The Secretary shall complete 
     the studies required under this section prior to issuance by 
     the Commissioner of Food and Drugs of the final risk 
     assessment on the safety of cloned animals and food products 
     derived from cloned animals.
       (g) Continuance of Moratorium.--The voluntary moratorium on 
     introducing food from cloned animals or their progeny into 
     the food supply, as in effect on the date of enactment of 
     this Act, shall remain in effect at least until the date that 
     the Secretary of Health and Human Services (acting through 
     the Commissioner of Food and Drugs) issues the final risk 
     assessment described in subsection (f).
                                 ______
                                 
  SA 3525. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle B of title XI, insert 
     the following:

     SEC. 11__. CLONED FOOD LABELING.

       (a) Amendments to the Federal Food, Drug, and Cosmetic 
     Act.--
       (1) In general.--Section 403 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 343) is amended by adding at the end 
     the following:
       ``(z)(1) If it contains cloned product unless it bears a 
     label that provides notice in accordance with the following:
       ``(A) A notice as follows: `THIS PRODUCT IS FROM A CLONED 
     ANIMAL OR ITS PROGENY'.
       ``(B) The notice required in clause (A) is of the same size 
     as would apply if the notice provided nutrition information 
     that is required in paragraph (q)(1).
       ``(C) The notice required under clause (A) is clearly 
     legible and conspicuous.
       ``(2) For purposes of this paragraph:
       ``(A) The term `cloned animal' means--
       ``(i) an animal produced as the result of somatic cell 
     nuclear transfer; and
       ``(ii) the progeny of such an animal.
       ``(B) The term `cloned product' means a product or 
     byproduct derived from or containing any part of a cloned 
     animal.
       ``(3) This paragraph does not apply to food that is a 
     medical food as defined in section 5(b) of the Orphan Drug 
     Act.

[[Page S14011]]

       ``(4)(A) The Secretary, in consultation with the Secretary 
     of Agriculture, shall require that any person that prepares, 
     stores, handles, or distributes a cloned product for retail 
     sale maintain a verifiable recordkeeping audit trail that 
     will permit the Secretary to verify compliance with this 
     paragraph and paragraph (aa).
       ``(B) The Secretary, in consultation with the Secretary of 
     Agriculture, shall publish in the Federal Register the 
     procedures established by such Secretaries to verify 
     compliance with the recordkeeping audit trail system required 
     under clause (A).
       ``(C) The Secretary, in consultation with the Secretary of 
     Agriculture, shall, on annual basis, submit to Congress a 
     report that describes the progress and activities of the 
     recordkeeping audit trail system and compliance verification 
     procedures required under this subparagraph.
       ``(aa) If it bears a label indicating (within the meaning 
     of paragraph (z)) that it does not contain cloned product, 
     unless the label is in accordance with regulations 
     promulgated by the Secretary. With respect to such 
     regulations:
       ``(1) The regulations may not require such a label to 
     include any statement indicating that the fact that a food 
     does not contain such product has no bearing on the safety of 
     the food for human consumption.
       ``(2) The regulations may not prohibit such a label on the 
     basis that, in the case of the type of food involved, there 
     is no version of the food in commercial distribution that 
     does contain such product.''.
       (2) Civil penalties.--Section 303 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding 
     at the end the following subsection:
       ``(h)(1) With respect to a violation of section 301(a), 
     301(b), or 301(c) involving the misbranding of food within 
     the meaning of section 403(z) or 403(aa), any person engaging 
     in such a violation shall be liable to the United States for 
     a civil penalty in an amount not to exceed $100,000 for each 
     such violation.
       ``(2) Paragraphs (5) through (7) of subsection (f) apply 
     with respect to a civil penalty under paragraph (1) of this 
     subsection to the same extent and in the same manner as such 
     paragraphs (5) through (7) apply with respect to a civil 
     penalty under paragraph (1), (2), or (3) of subsection 
     (f).''.
       (3) Guaranty.--
       (A) In general.--Section 303(d) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 333(d)) is amended--
       (i) by striking ``(d)'' and inserting ``(d)(1)''; and
       (ii) by adding at the end the following paragraph:
       ``(2) Subject to section 403(z)(4), no person shall be 
     subject to the penalties of subsection (a)(1) or (h) for a 
     violation of section 301(a), 301(b), or 301(c) involving the 
     misbranding of food within the meaning of section 403(z) and 
     403(aa) if such person (referred to in this paragraph as the 
     `recipient') establishes a guaranty or undertaking signed by, 
     and containing the name and address of, the person residing 
     in the United States from whom the recipient received in good 
     faith the food to the effect that (within the meaning of 
     section 403(z)) the food does not contain any cloned 
     product.''.
       (B) False guaranty.--Section 301(h) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by 
     inserting ``or 303(d)(2)'' after ``303(c)(2)''.
       (4) Citizen suits.--Chapter III of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 331 et seq.) is amended by adding 
     at the end the following section:

     ``SEC. 311. CITIZEN SUITS REGARDING MISBRANDING OF FOOD WITH 
                   RESPECT TO PRODUCT FROM CLONED ANIMALS.

       ``(a) In General.--Except as provided in subsection (c), 
     any person may on his or her behalf commence a civil action 
     in an appropriate district court of the United States 
     against--
       ``(1) a person who is alleged to have engaged in a 
     violation of section 301(a), 301(b), or 301(c) involving the 
     misbranding of food within the meaning of section 403(z) or 
     403(aa); or
       ``(2) the Secretary where there is alleged a failure of the 
     Secretary to perform any act or duty under section 403(z) or 
     403(aa) that is not discretionary.
       ``(b) Relief.--In a civil action under subsection (a), the 
     district court involved may, as the case may be--
       ``(1) enforce the compliance of a person with the 
     applicable provisions referred to paragraph (1) of such 
     subsection; or
       ``(2) order the Secretary to perform an act or duty 
     referred to in paragraph (2) of such subsection.
       ``(c) Limitations.--
       ``(1) Notice to secretary.--A civil action may not be 
     commenced under subsection (a)(1) prior to 60 days after the 
     plaintiff has provided to the Secretary notice of the 
     violation involved.
       ``(2) Relation to actions of secretary.--A civil action may 
     not be commenced under subsection (a)(2) if the Secretary has 
     commenced and is diligently prosecuting a civil or criminal 
     action in a district court of the United States to enforce 
     compliance with the applicable provisions referred to in 
     subsection (a)(1).
       ``(d) Right of Secretary to Intervene.--In any civil action 
     under subsection (a), the Secretary, if not a party, may 
     intervene as a matter of right.
       ``(e) Award of Costs; Filing of Bond.--In a civil action 
     under subsection (a), the district court involved may award 
     costs of litigation (including reasonable attorney and expert 
     witness fees) to any party whenever the court determines such 
     an award is appropriate. The court may, if a temporary 
     restraining order or preliminary injunction is sought, 
     require the filing of a bond or equivalent security in 
     accordance with the Federal Rules of Civil Procedure.
       ``(f) Savings Provision.--This section does not restrict 
     any right that a person (or class of persons) may have under 
     any statute or common law to seek enforcement of the 
     provisions referred to subsection (a)(1), or to seek any 
     other relief (including relief against the Secretary).''.
       (b) Amendments to the Federal Meat Inspection Act.--
       (1) Requirements for labeling regarding cloned meat food 
     products.--The Federal Meat Inspection Act is amended by 
     inserting after section 7 (21 U.S.C. 607) the following:

     ``SEC. 7A. REQUIREMENTS FOR LABELING REGARDING CLONED MEAT 
                   FOOD PRODUCTS.

       ``(a) Definitions.--In this section:
       ``(1) Cloned animal.--The term `cloned animal' means--
       ``(A) an animal produced as the result of somatic cell 
     nuclear transfer; and
       ``(B) the progeny of such an animal.
       ``(2) Cloned product.--The term `cloned product' means a 
     product or byproduct derived from or containing any part of a 
     cloned animal.
       ``(3) Cloned meat food product.--The term `cloned meat food 
     product' means a meat food product that contains a cloned 
     product.
       ``(b) Labeling Requirement.--
       ``(1) Required labeling to avoid misbranding.--
       ``(A) Involvement of cloned meat food product.--For 
     purposes of sections 1(n) and 10, a meat food product is 
     misbranded if the meat food product--
       ``(i) is a cloned meat food product; and
       ``(ii) does not bear a label (or include labeling, in the 
     case of a meat food product that is not packaged in a 
     container) that provides, in a clearly legible and 
     conspicuous manner, the notice described in subsection (c).
       ``(B) No involvement of cloned meat food product.--
       ``(i) In general.--For purposes of sections 1(n) and 10, a 
     meat food product is misbranded if the meat food product 
     bears a label indicating that the meat food product is not a 
     cloned meat food product, unless the label is in accordance 
     with regulations promulgated by the Secretary.
       ``(ii) Requirements.--In promulgating regulations referred 
     to in clause (i), the Secretary may not--

       ``(I) require a label to include any statement indicating 
     that the fact that a meat food product is not a cloned meat 
     food product has no bearing on the safety of the food for 
     human consumption; or
       ``(II) prohibit a label on the basis that, in the case of 
     the type of meat food product involved, there is no version 
     of the meat food product in commercial distribution that is 
     not a cloned meat food product.

       ``(2) Audit verification system.--
       ``(A) In general.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall require that 
     any person that manufactures, produces, distributes, stores, 
     or handles a meat food product maintain a verifiable 
     recordkeeping audit trail that will permit the Secretary to 
     verify compliance with the labeling requirements described in 
     paragraph (1).
       ``(B) Publication.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall publish in the 
     Federal Register the procedures established by the 
     Secretaries to verify compliance with the recordkeeping audit 
     trail system required under subparagraph (A).
       ``(C) Report.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall, on annual 
     basis, submit to Congress a report that describes the 
     progress and activities of the recordkeeping audit trail 
     system and compliance verification procedures required under 
     this paragraph.
       ``(c) Specifics of Label Notice.--
       ``(1) Required notice.--The notice referred to in 
     subsection (b)(1)(A)(ii) is the following: `THIS PRODUCT IS 
     FROM A CLONED ANIMAL OR ITS PROGENY'.
       ``(2) Size.--The notice required in paragraph (1) shall be 
     of the same size as if the notice provided nutrition 
     information that is required under section 403(q)(1) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(1)).
       ``(d) Guaranty.--
       ``(1) In general.--Subject to subsection (b)(2) and 
     paragraph (2), a person engaged in the business of 
     manufacturing or processing meat food products, or selling or 
     serving meat food products at retail or through a food 
     service establishment (referred to in this subsection as the 
     `recipient') shall not be considered to have violated this 
     section with respect to the labeling of a meat food product 
     if the recipient establishes a guaranty or undertaking signed 
     by, and containing the name and address of, the person 
     residing in the United States from whom the recipient 
     received in good faith the meat food product or the animal 
     from which the meat food product was derived, or received in

[[Page S14012]]

     good faith food intended to be fed to the animal, to the 
     effect that the meat food product, or the animal, or the meat 
     food product, respectively, does not contain a cloned product 
     or was not produced with a cloned product.
       ``(2) Audit verification system.--In the case of recipients 
     who establish guaranties or undertakings in accordance with 
     paragraph (1), the Secretary may exempt the recipients from 
     the requirement under subsection (b)(2) regarding maintaining 
     a verifiable recordkeeping audit trail.
       ``(3) False guaranty.--It is a violation of this Act for a 
     person to give a guaranty or undertaking in accordance with 
     paragraph (1) that the person knows or has reason to know is 
     false.
       ``(e) Civil Penalties.--
       ``(1) In general.--The Secretary may assess a civil penalty 
     against a person that violates subsection (b) or (c) in an 
     amount not to exceed $100,000 for each violation.
       ``(2) Notice and opportunity for hearing.--
       ``(A) In general.--A civil penalty under paragraph (1) 
     shall be assessed by the Secretary by an order made on the 
     record after opportunity for a hearing provided in accordance 
     with this paragraph and section 554 of title 5, United States 
     Code.
       ``(B) Written notice.--Before issuing an order under 
     subparagraph (A), the Secretary shall--
       ``(i) give written notice to the person to be assessed a 
     civil penalty under the order of the proposal of the 
     Secretary to issue the order; and
       ``(ii) provide the person an opportunity for a hearing on 
     the order.
       ``(C) Authorizations.--In the course of any investigation, 
     the Secretary may issue subpoenas requiring the attendance 
     and testimony of witnesses and the production of evidence 
     that relates to the matter under investigation.
       ``(3) Considerations regarding amount of penalty.--In 
     determining the amount of a civil penalty under paragraph 
     (1), the Secretary shall consider--
       ``(A) the nature, circumstances, extent, and gravity of the 
     1 or more violations; and
       ``(B) with respect to the violator--
       ``(i) ability to pay;
       ``(ii) effect on ability to continue to do business;
       ``(iii) any history of prior violations;
       ``(iv) the degree of culpability; and
       ``(v) such other matters as justice may require.
       ``(4) Certain authorities.--
       ``(A) In general.--The Secretary may compromise, modify, or 
     remit, with or without conditions, any civil penalty under 
     paragraph (1).
       ``(B) Deduction from sums owed.--The amount of a civil 
     penalty under this subsection, when finally determined, or 
     the amount agreed upon in compromise, may be deducted from 
     any sums owing by the United States to the person charged.
       ``(5) Judicial review.--
       ``(A) In general.--Any person who requested, in accordance 
     with paragraph (2), a hearing respecting the assessment of a 
     civil penalty under paragraph (1) and who is aggrieved by an 
     order assessing a civil penalty may file a petition for 
     judicial review of the order with--
       ``(i) the United States Court of Appeals for the District 
     of Columbia Circuit; or
       ``(ii) any other circuit in which the person resides or 
     transacts business.
       ``(B) Filing deadline.--A petition described in 
     subparagraph (A) may only be filed within the 60-day period 
     beginning on the date the order making the assessment was 
     issued.
       ``(6) Failure to pay.--
       ``(A) In general.--The Attorney General shall recover the 
     amount assessed under a civil penalty (plus interest at 
     prevailing rates from the date of the expiration of the 60-
     day period referred to in paragraph (5)(B) or the date of the 
     final judgment, as appropriate) in an action brought in any 
     appropriate district court of the United States if a person 
     fails to pay the assessment--
       ``(i) after the order making the assessment becomes final, 
     if the person does not file a petition for judicial review of 
     the order in accordance with paragraph (5)(A); or
       ``(ii) after a court in an action brought under paragraph 
     (5) has entered a final judgment in favor of the Secretary;
       ``(B) Exemptions from review.--In an action described in 
     subparagraph (A), the validity, amount, and appropriateness 
     of the civil penalty shall not be subject to review.
       ``(f) Citizen Suits.--
       ``(1) In general.--Except as provided in paragraph (3), any 
     person may on his or her behalf commence a civil action in an 
     appropriate district court of the United States against--
       ``(A) a person who is alleged to have engaged in a 
     violation of subsection (b) or (c); or
       ``(B) the Secretary in a case in which there is alleged a 
     failure of the Secretary to perform any act or duty under 
     subsection (b) or (c) that is not discretionary.
       ``(2) Relief.--In a civil action under paragraph (1), the 
     district court involved may, as appropriate--
       ``(A) enforce the compliance of a person with the 
     applicable provisions referred to paragraph (1)(A); or
       ``(B) order the Secretary to perform an act or duty 
     referred to in paragraph (1)(B).
       ``(3) Limitations.--
       ``(A) Notice to secretary.--A civil action may not be 
     commenced under paragraph (1)(A) prior to 60 days after the 
     date on which the plaintiff provided to the Secretary notice 
     of the violation involved.
       ``(B) Relation to actions of secretary.--A civil action may 
     not be commenced under paragraph (1)(B) if the Secretary has 
     commenced and is diligently prosecuting a civil or criminal 
     action in a district court of the United States to enforce 
     compliance with the applicable provisions referred to in 
     paragraph (1)(A).
       ``(4) Right of secretary to intervene.--In any civil action 
     under paragraph (1), the Secretary, if not a party, may 
     intervene as a matter of right.
       ``(5) Award of costs; filing of bond.--
       ``(A) Award of costs.--In a civil action under paragraph 
     (1), the district court involved may award costs of 
     litigation (including reasonable attorney and expert witness 
     fees) to any party in any case in which the court determines 
     such an award is appropriate.
       ``(B) Filing of bond.--The court may, if a temporary 
     restraining order or preliminary injunction is sought, 
     require the filing of a bond or equivalent security in 
     accordance with the Federal Rules of Civil Procedure.
       ``(6) Savings provision.--This subsection does not restrict 
     any right that a person (or class of persons) may have under 
     any statute or common law--
       ``(A) to seek enforcement of the provisions referred to in 
     paragraph (1)(A); or
       ``(B) to seek any other relief (including relief against 
     the Secretary).''.
       (2) Inclusion of labeling requirements in definition of 
     misbranded.--Section 1(n) of the Federal Meat Inspection Act 
     (21 U.S.C. 601(n)) is amended--
       (A) by striking ``or'' at the end of paragraph (11);
       (B) by striking the period at the end of paragraph (12) and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(13) if it fails to bear a label or labeling as required 
     by section 7A.''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect upon the expiration of the 
     180-day period beginning on the date of enactment of this 
     Act.
                                 ______
                                 
  SA 3526. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 6023.
                                 ______
                                 
  SA 3527. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 6025 and insert the following:

     SEC. 6025. HISTORIC BARN PRESERVATION.

       Section 379A of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 2008o) is amended--
       (1) in subsection (c)(4)--
       (A) by striking ``There are'' and inserting the following:
       ``(A) In general.--There are''; and
       (B) by adding at the end the following:
       ``(B) Limitation.--If, at any time during the 2-year period 
     preceding the date on which funds are made available to carry 
     out this section, Congress has provided supplemental 
     agricultural assistance to agricultural producers or the 
     President has declared an agricultural-related emergency--
       ``(i) none of the funds made available to carry out this 
     section shall be used for the program under this section; and
       ``(ii) the funds made available to carry out this section 
     shall be--

       ``(I) used to carry out programs that address the 
     agricultural emergencies identified by Congress or the 
     President; or
       ``(II) returned to the Treasury of the United States for 
     debt reduction to offset the costs of the emergency 
     agricultural spending.''; and

       (2) by adding at the end the following:
       ``(d) Repeal.--If, during each of 5 consecutive fiscal 
     years, Congress has provided supplemental agricultural 
     assistance to agricultural producers or the President has 
     declared an agricultural-related emergency, this section is 
     repealed.''.
                                 ______
                                 
  SA 3528. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 7312 and insert the following:

[[Page S14013]]

     SEC. 7312. NATIONAL ARBORETUM.

       The Act of March 4, 1927 (20 U.S.C. 191 et seq.), is 
     amended by adding at the end the following:

     ``SEC. 7. CONSTRUCTION OF A CHINESE GARDEN AT NATIONAL 
                   ARBORETUM.

       ``(a) In General.--A Chinese Garden may be constructed at 
     the National Arboretum established under this Act with--
       ``(1) funds accepted under section 5; and
       ``(2) authorities provided to the Secretary of Agriculture 
     under section 6.
       ``(b) Limitation.--No Federal funds shall be used for the 
     construction and maintenance of the Chinese Garden authorized 
     under subsection (a).''.
                                 ______
                                 
  SA 3529. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
countinuation of agricultural programs through fiscal year 2012, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XI, insert the following:

     SEC. 11___. DEPARTMENT OF AGRICULTURE CONFERENCE 
                   TRANSPARENCY.

       (a) Reports on Conference Expenditures.--For fiscal year 
     2008 and each fiscal year thereafter, the Secretary shall 
     submit to the Inspector General of the Department of 
     Agriculture quarterly reports that describe the costs and 
     contracting procedures relating to each conference or meeting 
     held by the Department of Agriculture during the quarter 
     covered by the report for which the cost to the Federal 
     Government was more than $20,000.
       (b) Requirements.--Each report submitted under subsection 
     (a) shall include, for each conference and meeting covered by 
     the report--
       (1) a description of the number participants attending, and 
     the purpose of those participants for attending, the 
     conference or meeting;
       (2) a detailed statement of the costs incurred by the 
     Federal Government relating to that conference or meeting, 
     including--
       (A) the cost of any food or beverages;
       (B) the cost of any audio-visual services;
       (C) the cost of all related travel; and
       (D) a discussion of the methodology used to determine which 
     costs relate to that conference or meeting; and
       (3) a description of the contracting procedures relating to 
     that conference or meeting, including--
       (A) whether contracts were awarded on a competitive basis; 
     and
       (B) a discussion of any cost comparison conducted by the 
     Department of Agriculture in evaluating potential contractors 
     for any conference or meeting.
       (c) Travel Expenses.--
       (1) Definition of conference.--In this subsection, the term 
     ``conference'' means a meeting that--
       (A) is held for consultation, education, awareness, or 
     discussion;
       (B) includes participants who are not all employees of the 
     same agency;
       (C) is not held entirely at an agency facility;
       (D) involves costs associated with travel and lodging for 
     some participants; and
       (E) is sponsored by 1 or more agencies, 1 or more 
     organizations that are not agencies, or a combination of 
     those agencies or organizations.
       (2) Report.--Not later than September 30 of each fiscal 
     year, the Secretary shall submit to the Committee on 
     Agriculture of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate, and 
     post on the public website of the Department of Agriculture 
     in a searchable, electronic format, a report on each 
     conference for which the Department of Agriculture paid 
     travel expenses during the fiscal year covered by the report, 
     including--
       (A) a description of--
       (i) the itemized expenses paid by the Department of 
     Agriculture, including travel expenses and any other 
     expenditures to support the conference;
       (ii) the primary sponsor of the conference; and
       (iii) the location of the conference; and
       (B) in the case of a conference for which the Department of 
     Agriculture was the primary sponsor, a statement that--
       (i) justifies the location selected;
       (ii) demonstrates the cost efficiency of the location;
       (iii) specifies the date or dates of the conference;
       (iv) includes a brief explanation of the ways in which the 
     conference advanced the mission of the Department of 
     Agriculture; and
       (v) specifies the total number of individuals whose travel 
     or attendance at the conference was paid for, in whole or in 
     part, by the Department of Agriculture.
       (d) Limitation on Funding for Conferences.--Notwithstanding 
     any other provision of this Act, not more than $15,000,000 of 
     amounts made available to the Secretary pursuant to this Act 
     and the amendments made by this Act shall be used for 
     expenses relating to conferences, including for conference 
     programs, conference travel costs, and related expenses.
                                 ______
                                 
  SA 3530. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title XI, insert the following:

     SEC. ___. PAYMENTS TO DECEASED INDIVIDUALS AND ESTATES.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary shall not provide to any deceased 
     individual or estate of such an individual any agricultural 
     payment under this Act, or an Act amended by this Act, after 
     the date that is 1 program year (as determined by the 
     Secretary with respect to the applicable payment program) 
     after the date of death of the individual.
       (b) Report.--As soon as practicable after the date of 
     enactment of this Act, 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, and post on the website of the 
     Department of Agriculture, a report that describes, for the 
     period covered by the report--
       (1) the number and aggregate amount of agricultural 
     payments described in subsection (a) provided to deceased 
     individuals and estates of deceased individuals; and
       (2) for each such payment, the length of time the estate of 
     the deceased individual that received the payment has been 
     open.
                                 ______
                                 
  SA 3531. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 1608(d), strike paragraph (2) and insert the 
     following:
       (2) Members.--As soon as practicable after the date on 
     which funds are first made available to carry out this 
     section--
       (A) 2 members of the Commission shall be appointed by the 
     Chairman of the Committee on Agriculture of the House of 
     Representatives, in consultation with the ranking member of 
     that committee;
       (B) 2 members of the Commission shall be appointed by the 
     Chairman of the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate, in consultation with the ranking 
     member of that committee;
       (C) 10 members of the Commission shall be appointed by the 
     Secretary;
       (D) 2 members of the Commission shall be appointed by the 
     Chairman of the Subcommittee on Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies of the House of Representatives, in consultation 
     with the ranking member of that subcommittee; and
       (E) 2 members of the Commission shall be appointed by the 
     Chairman of the Subcommittee on Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies of the Senate, in consultation with the ranking 
     member of that subcommittee.
                                 ______
                                 
  SA 3532. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 1197, between lines 15 and 16, insert the 
     following:

     SEC. 9004. SENSE OF CONGRESS RELATING TO FUNDING OF RURAL 
                   ENERGY FOR AMERICA PROGRAM.

       (a) Findings.--The Congress finds that--
       (1) the amount of mandatory funding made available under 
     section 9007(j)(1) of the Farm Security and Rural Investment 
     Act of 2002 (as amended by section 9001) does not provide 
     additional discretionary funds under section 302(b) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(b)) for fiscal 
     years 2009 through 2012; and
       (2) the amount authorized to be appropriated under section 
     9007(j)(2) of the Farm Security and Rural Investment Act of 
     2002 (as amended by section 9001) would require--
       (A) additional discretionary funds under section 302(b) of 
     the Congressional Budget Act of 1974 (2 U.S.C. 633(b)); or
       (B) substantial cuts to discretionary conservation, food 
     safety, nutrition, rural development, or agricultural 
     research initiatives in existence as of the date of enactment 
     of this Act.
       (b) Sense of Congress.--It is the sense of Congress that 
     additional discretionary funds should be provided under 
     section 302(a) of the Congressional Budget Act of 1974 (2 
     U.S.C. 633(a)) to accomplish each objective of section 9007 
     of the Farm Security and Rural Investment Act of 2002 (as 
     amended by section 9001).

[[Page S14014]]

                                 ______
                                 
  SA 3533. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 1197, between lines 15 and 16, insert the 
     following:

     SEC. 9004. SENSE OF CONGRESS RELATING TO FUNDING OF REGIONAL 
                   BIOMASS CROP EXPERIMENTS PROGRAM.

       (a) Findings.--The Congress finds that--
       (1) the amount of mandatory funding made available under 
     section 9010(e)(1) of the Farm Security and Rural Investment 
     Act of 2002 (as amended by section 9001) does not provide 
     additional discretionary funds under section 302(b) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(b)); and
       (2) the amount authorized to be appropriated under section 
     9010(e)(2) of the Farm Security and Rural Investment Act of 
     2002 (as amended by section 9001) would require--
       (A) additional discretionary funds under section 302(b) of 
     the Congressional Budget Act of 1974 (2 U.S.C. 633(b)); or
       (B) substantial cuts to discretionary conservation, food 
     safety, nutrition, rural development, or agricultural 
     research initiatives in existence as of the date of enactment 
     of this Act.
       (b) Sense of Congress.--It is the sense of Congress that 
     additional discretionary funds should be provided under 
     section 302(a) of the Congressional Budget Act of 1974 (2 
     U.S.C. 633(a)) to accomplish each objective of section 9010 
     of the Farm Security and Rural Investment Act of 2002 (as 
     amended by section 9001).
                                 ______
                                 
  SA 3534. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 1197, between lines 15 and 16, insert the 
     following:

     SEC. 9004. SENSE OF CONGRESS RELATING TO FUNDING OF SUN GRANT 
                   PROGRAM.

       (a) Findings.--The Congress finds that--
       (1) the amount of mandatory funding made available under 
     section 9009(j)(1) of the Farm Security and Rural Investment 
     Act of 2002 (as amended by section 9001) does not provide 
     additional discretionary funds under section 302(b) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(b)); and
       (2) the amount authorized to be appropriated under section 
     9009(j)(2) of the Farm Security and Rural Investment Act of 
     2002 (as amended by section 9001) would require--
       (A) additional discretionary funds under section 302(b) of 
     the Congressional Budget Act of 1974 (2 U.S.C. 633(b)); or
       (B) substantial cuts to discretionary conservation, food 
     safety, nutrition, rural development, or agricultural 
     research initiatives in existence as of the date of enactment 
     of this Act.
       (b) Sense of Congress.--It is the sense of Congress that 
     additional discretionary funds should be provided under 
     section 302(a) of the Congressional Budget Act of 1974 (2 
     U.S.C. 633(a)) to accomplish each objective of section 9009 
     of the Farm Security and Rural Investment Act of 2002 (as 
     amended by section 9001).
                                 ______
                                 
  SA 3535. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 1197, between lines 15 and 16, insert the 
     following:

     SEC. 9004. SENSE OF CONGRESS RELATING TO FUNDING OF BIOMASS 
                   RESEARCH AND DEVELOPMENT ACT OF 2000.

       (a) Findings.--The Congress finds that--
       (1) the amount of mandatory funding made available under 
     section 9008(h)(1) of the Farm Security and Rural Investment 
     Act of 2002 (as amended by section 9001) does not provide 
     additional discretionary funds under section 302(b) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(b)); and
       (2) the amount authorized to be appropriated under section 
     9008(h)(2) of the Farm Security and Rural Investment Act of 
     2002 (as amended by section 9001) would require--
       (A) additional discretionary funds under section 302(b) of 
     the Congressional Budget Act of 1974 (2 U.S.C. 633(b)); or
       (B) substantial cuts to discretionary conservation, food 
     safety, nutrition, rural development, or agricultural 
     research initiatives in existence as of the date of enactment 
     of this Act.
       (b) Sense of Congress.--It is the sense of Congress that 
     additional discretionary funds should be provided under 
     section 302(a) of the Congressional Budget Act of 1974 (2 
     U.S.C. 633(a)) to accomplish each objective of section 9008 
     of the Farm Security and Rural Investment Act of 2002 (as 
     amended by section 9001).
                                 ______
                                 
  SA 3536. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 893, between lines 4 and 5, insert the following:

     SEC. 6404. SENSE OF CONGRESS RELATING TO FUNDING OF RURAL 
                   COLLABORATIVE INVESTMENT PROGRAM.

       (a) Findings.--The Congress finds that--
       (1) the amount of mandatory funding made available under 
     section 385H(a) of the Consolidated Farm and Rural 
     Development Act (as amended by section 6032) does not provide 
     additional discretionary funds under section 302(b) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(b)); and
       (2) the amount authorized to be appropriated under section 
     385H(c) of the Consolidated Farm and Rural Development Act 
     (as amended by section 6032) would require--
       (A) additional discretionary funds under section 302(b) of 
     the Congressional Budget Act of 1974 (2 U.S.C. 633(b)); or
       (B) substantial cuts to discretionary conservation, food 
     safety, nutrition, rural development, or agricultural 
     research initiatives in existence as of the date of enactment 
     of this Act.
       (b) Sense of Congress.--It is the sense of Congress that 
     additional discretionary funds should be provided under 
     section 302(a) of the Congressional Budget Act of 1974 (2 
     U.S.C. 633(a)) to accomplish each objective of subtitle I of 
     the Consolidated Farm and Rural Development Act (as amended 
     by section 6032).
                                 ______
                                 
  SA 3537. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 893, between lines 4 and 5, insert the following:

     SEC. 6404. SENSE OF CONGRESS RELATING TO FUNDING OF RURAL 
                   MICROENTERPRISE ASSISTANCE PROGRAM.

       (a) Findings.--The Congress finds that--
       (1) the amount of mandatory funding made available under 
     section 366(d)(1) of the Consolidated Farm and Rural 
     Development Act (as added by section 6022) does not provide 
     additional discretionary funds under section 302(b) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(b)) for fiscal 
     years 2009 through 2012; and
       (2) the amount authorized to be appropriated under section 
     366(d)(2) of the Consolidated Farm and Rural Development Act 
     (as added by section 6022) would require--
       (A) additional discretionary funds under section 302(b) of 
     the Congressional Budget Act of 1974 (2 U.S.C. 633(b)); or
       (B) substantial cuts to discretionary conservation, food 
     safety, nutrition, rural development, or agricultural 
     research initiatives in existence as of the date of enactment 
     of this Act.
       (b) Sense of Congress.--It is the sense of Congress that 
     additional discretionary funds should be provided under 
     section 302(a) of the Congressional Budget Act of 1974 (2 
     U.S.C. 633(a)) to accomplish each objective of section 366 of 
     the Consolidated Farm and Rural Development Act (as added by 
     section 6022).
                                 ______
                                 
  SA 3538. Mr. AKAKA (for himself, Mr. Kerry, Mr. Stevens, Mr. 
Feingold, Mr. Wyden, and Mr. Lautenberg) submitted an amendment 
intended to be proposed by him to the bill H.R. 2419, to provide for 
the continuation of agricultural programs through fiscal year 2012, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title XI, add the following:

     SEC. 11072. PROTECTION OF PETS.

       (a) Short Title.--This section may be cited as the ``Pet 
     Safety and Protection Act of 2007''.
       (b) Research Facilities.--Section 7 of the Animal Welfare 
     Act (7 U.S.C. 2137) is amended to read as follows:

     ``SEC. 7. SOURCES OF DOGS AND CATS FOR RESEARCH FACILITIES.

       ``(a) Definition of Person.--In this section, the term 
     `person' means any individual, partnership, firm, joint stock 
     company, corporation, association, trust, estate, pound, 
     shelter, or other legal entity.
       ``(b) Use of Dogs and Cats.--No research facility or 
     Federal research facility may use a dog or cat for research 
     or educational purposes if the dog or cat was obtained from a 
     person other than a person described in subsection (d).
       ``(c) Selling, Donating, or Offering Dogs and Cats.--No 
     person, other than a person described in subsection (d), may 
     sell, donate, or offer a dog or cat to any research facility 
     or Federal research facility.
       ``(d) Permissible Sources.--A person from whom a research 
     facility or a Federal research facility may obtain a dog or 
     cat for

[[Page S14015]]

     research or educational purposes under subsection (b), and a 
     person who may sell, donate, or offer a dog or cat to a 
     research facility or a Federal research facility under 
     subsection (c), shall be--
       ``(1) a dealer licensed under section 3 that has bred and 
     raised the dog or cat;
       ``(2) a publicly owned and operated pound or shelter that--
       ``(A) is registered with the Secretary;
       ``(B) is in compliance with section 28(a)(1) and with the 
     requirements for dealers in subsections (b) and (c) of 
     section 28; and
       ``(C) obtained the dog or cat from its legal owner, other 
     than a pound or shelter;
       ``(3) a person that is donating the dog or cat and that--
       ``(A) bred and raised the dog or cat; or
       ``(B) owned the dog or cat for not less than 1 year 
     immediately preceding the donation;
       ``(4) a research facility licensed by the Secretary; and
       ``(5) a Federal research facility licensed by the 
     Secretary.
       ``(e) Penalties.--
       ``(1) In general.--A person that violates this section 
     shall be fined $1,000 for each violation.
       ``(2) Additional penalty.--A penalty under this subsection 
     shall be in addition to any other applicable penalty.
       ``(f) No Required Sale or Donation.--Nothing in this 
     section requires a pound or shelter to sell, donate, or offer 
     a dog or cat to a research facility or Federal research 
     facility.''.
       (c) Federal Research Facilities.--Section 8 of the Animal 
     Welfare Act (7 U.S.C. 2138) is amended--
       (1) by striking ``sec. 8. No department'' and inserting the 
     following:

     ``SEC. 8. FEDERAL RESEARCH FACILITIES.

       ``Except as provided in section 7, no department'';
       (2) by striking ``research or experimentation or''; and
       (3) by striking ``such purposes'' and inserting ``that 
     purpose''.
       (d) Certification.--Section 28(b)(1) of the Animal Welfare 
     Act (7 U.S.C. 2158(b)(1)) is amended by striking ``individual 
     or entity'' and inserting ``research facility or Federal 
     research facility''.
       (e) Effective Date.--The amendments made by subsections 
     (b), (c), and (d) take effect on the date that is 90 days 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 3539. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of subtitle B of title XI, insert the following:

     SEC. 1107_. TERMINATION OF AUTHORITY TO CONDUCT INSPECTIONS 
                   AND ISSUE REGULATIONS.

       (a) Termination of Authority.--The authority to conduct 
     inspections and issue regulations under the provisions of law 
     described in subsection (b) shall terminate on the date that 
     is 2 years after the date of enactment of this Act.
       (b) Provisions of Law.--The provisions of law referred to 
     in subsection (a) are--
       (1) the Poultry Products Inspection Act (21 U.S.C. 451 et 
     seq.);
       (2) the Federal Meat Inspection Act (21 U.S.C. 601 et 
     seq.);
       (3) the Egg Products Inspection Act (21 U.S.C. 1031 et 
     seq.); and
       (4) chapter IV of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 341 et seq.).
                                 ______
                                 
  SA 3540. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 266, between lines 10 and 11, insert the following:

     SEC. 19__. INSURANCE UNITS.

       Section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(c)) is amended by adding at the end the following:
       ``(11) Insurance units.--In those areas in which optional 
     units are only available by farm serial number, the 
     Corporation shall allow separate optional units for each 
     tract on the farm within a single farm serial number basis, 
     as determined by the Secretary.''.
                                 ______
                                 
  SA 3541. Mr. CRAIG (for himself, Mr. Allard, Mr. Brownback) submitted 
an amendment intended to be proposed by him to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 895, lines 12 and 13, strike ``subsection (e)'' and 
     insert ``subsection (g)''.
       On page 895, strike lines 16 through 19 and insert the 
     following:
       ``(d) Initial Implementation.--To address the urgent 
     security concerns of the United States with respect to public 
     health, bioterrorism preparedness, and food supply security, 
     in implementing the first phase of the veterinary medicine 
     loan repayment program, the Secretary shall give priority to 
     large and mixed animal practitioner shortages in rural 
     communities.
       ``(e) Use of Funds.--None of the funds appropriated to the 
     Secretary under subsection (g) may be used to carry out 
     section 5379 of title 5, United States Code.
       ``(f) Regulations.--Notwithstanding subchapter II of 
     chapter 5 of title 5, United States Code, not later than 270 
     days after the date of enactment of this subsection, the 
     Secretary shall promulgate regulations to carry out this 
     section.''.
                                 ______
                                 
  SA 3542. Mr. DOMENICI (for himself and Mr. Thune, Mr. Nelson of 
Nebraska, Mr. Johnson, Mr. Grassley, Mr. Craig, Mr. Salazar, and Mr. 
Coleman) submitted an amendment intended to be proposed by him to the 
bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title IX, add the following:

      Subtitle B--Biofuels for Energy Security and Transportation

     SEC. 9101. SHORT TITLE.

       This subtitle may be cited as the ``Biofuels for Energy 
     Security and Transportation Act of 2007''.

     SEC. 9102. DEFINITIONS.

       In this subtitle:
       (1) Advanced biofuel.--
       (A) In general.--The term ``advanced biofuel'' means fuel 
     derived from renewable biomass other than corn starch.
       (B) Inclusions.--The term ``advanced biofuel'' includes--
       (i) ethanol derived from cellulose, hemicellulose, or 
     lignin;
       (ii) ethanol derived from sugar or starch, other than 
     ethanol derived from corn starch;
       (iii) ethanol derived from waste material, including crop 
     residue, other vegetative waste material, animal waste, and 
     food waste and yard waste;
       (iv) diesel-equivalent fuel derived from renewable biomass, 
     including vegetable oil and animal fat;
       (v) biogas (including landfill gas and sewage waste 
     treatment gas) produced through the conversion of organic 
     matter from renewable biomass;
       (vi) butanol or other alcohols produced through the 
     conversion of organic matter from renewable biomass; and
       (vii) other fuel derived from cellulosic biomass.
       (2) Cellulosic biomass ethanol.--The term ``cellulosic 
     biomass ethanol'' means ethanol derived from any cellulose, 
     hemicellulose, or lignin that is derived from renewable 
     biomass.
       (3) Conventional biofuel.--The term ``conventional 
     biofuel'' means ethanol derived from corn starch.
       (4) Renewable biomass.--The term ``renewable biomass'' 
     means--
       (A) nonmerchantable materials or precommercial thinnings 
     that--
       (i) are byproducts of preventive treatments, such as trees, 
     wood, brush, thinnings, chips, and slash, that are removed--

       (I) to reduce hazardous fuels;
       (II) to reduce or contain disease or insect infestation; or
       (III) to restore forest health;

       (ii) would not otherwise be used for higher-value products; 
     and
       (iii) are harvested from National Forest System land or 
     public land (as defined in section 103 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1702))--

       (I) where permitted by law; and
       (II) in accordance with--

       (aa) applicable land management plans; and
       (bb) the requirements for old-growth maintenance, 
     restoration, and management direction of paragraphs (2), (3), 
     and (4) of subsection (e) and the requirements for large-tree 
     retention of subsection (f) of section 102 of the Healthy 
     Forests Restoration Act of 2003 (16 U.S.C. 6512); or
       (B) any organic matter that is available on a renewable or 
     recurring basis from non-Federal land or from land belonging 
     to an Indian tribe, or an Indian individual, that is held in 
     trust by the United States or subject to a restriction 
     against alienation imposed by the United States, including--
       (i) renewable plant material, including--

       (I) feed grains;
       (II) other agricultural commodities;
       (III) other plants and trees; and
       (IV) algae; and

       (ii) waste material, including--

       (I) crop residue;
       (II) other vegetative waste material (including wood waste 
     and wood residues);
       (III) animal waste and byproducts (including fats, oils, 
     greases, and manure); and
       (IV) food waste and yard waste.

       (5) Renewable fuel.--
       (A) In general.--The term ``renewable fuel'' means motor 
     vehicle fuel or home heating fuel that is--
       (i) produced from renewable biomass; and
       (ii) used to replace or reduce the quantity of fossil fuel 
     present in a fuel or fuel mixture used to operate a motor 
     vehicle or furnace.
       (B) Inclusion.--The term ``renewable fuel'' includes--
       (i) conventional biofuel; and
       (ii) advanced biofuel.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy
       (7) Small refinery.--The term ``small refinery'' means a 
     refinery for which the average aggregate daily crude oil 
     throughput for a calendar year (as determined by dividing the 
     aggregate throughput for the calendar

[[Page S14016]]

     year by the number of days in the calendar year) does not 
     exceed 75,000 barrels.

                    PART I--RENEWABLE FUEL STANDARD

     SEC. 9111. RENEWABLE FUEL STANDARD.

       (a) Renewable Fuel Program.--
       (1) Regulations.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the President shall promulgate 
     regulations to ensure that motor vehicle fuel and home 
     heating oil sold or introduced into commerce in the United 
     States (except in noncontiguous States or territories), on an 
     annual average basis, contains the applicable volume of 
     renewable fuel determined in accordance with paragraph (2).
       (B) Provisions of regulations.--Regardless of the date of 
     promulgation, the regulations promulgated under subparagraph 
     (A)--
       (i) shall contain compliance provisions applicable to 
     refineries, blenders, distributors, and importers, as 
     appropriate, to ensure that--

       (I) the requirements of this subsection are met; and
       (II) renewable fuels produced from facilities that commence 
     operations after the date of enactment of this Act achieve at 
     least a 20 percent reduction in life cycle greenhouse gas 
     emissions compared to gasoline; but

       (ii) shall not--

       (I) restrict geographic areas in the contiguous United 
     States in which renewable fuel may be used; or
       (II) impose any per-gallon obligation for the use of 
     renewable fuel.

       (C) Relationship to other regulations.--Regulations 
     promulgated under this paragraph shall, to the maximum extent 
     practicable, incorporate the program structure, compliance, 
     and reporting requirements established under the final 
     regulations promulgated to implement the renewable fuel 
     program established by the amendment made by section 
     1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-
     58; 119 Stat. 1067).
       (2) Applicable volume.--
       (A) Calendar years 2008 through 2022.--
       (i) Renewable fuel.--For the purpose of paragraph (1), 
     subject to clause (ii), the applicable volume for any of 
     calendar years 2008 through 2022 shall be determined in 
     accordance with the following table:

                                    Applicable volume of renewable fuel
Calendar year:                                (in billions of gallons):
  2008.........................................................8.5 ....

  2009........................................................10.5 ....

  2010........................................................12.0 ....

  2011........................................................12.6 ....

  2012........................................................13.2 ....

  2013........................................................13.8 ....

  2014........................................................14.4 ....

  2015........................................................15.0 ....

  2016........................................................18.0 ....

  2017........................................................21.0 ....

  2018........................................................24.0 ....

  2019........................................................27.0 ....

  2020........................................................30.0 ....

  2021........................................................33.0 ....

  2022........................................................36.0.....

       (ii) Advanced biofuels.--For the purpose of paragraph (1), 
     of the volume of renewable fuel required under clause (i), 
     the applicable volume for any of calendar years 2016 through 
     2022 for advanced biofuels shall be determined in accordance 
     with the following table:

                                 Applicable volume of advanced biofuels
Calendar year:                                (in billions of gallons):
  2016.........................................................3.0 ....

  2017.........................................................6.0 ....

  2018.........................................................9.0 ....

  2019........................................................12.0 ....

  2020........................................................15.0 ....

  2021........................................................18.0 ....

  2022........................................................21.0.....

       (B) Calendar year 2023 and thereafter.--Subject to 
     subparagraph (C), for the purposes of paragraph (1), the 
     applicable volume for calendar year 2023 and each calendar 
     year thereafter shall be determined by the President, in 
     coordination with the Secretary of Energy, the Secretary of 
     Agriculture, and the Administrator of the Environmental 
     Protection Agency, based on a review of the implementation of 
     the program during calendar years 2007 through 2022, 
     including a review of--
       (i) the impact of renewable fuels on the energy security of 
     the United States;
       (ii) the expected annual rate of future production of 
     renewable fuels, including advanced biofuels;
       (iii) the impact of renewable fuels on the infrastructure 
     of the United States, including deliverability of materials, 
     goods, and products other than renewable fuel, and the 
     sufficiency of infrastructure to deliver renewable fuel; and
       (iv) the impact of the use of renewable fuels on other 
     factors, including job creation, the price and supply of 
     agricultural commodities, rural economic development, and the 
     environment.
       (C) Minimum applicable volume.--Subject to subparagraph 
     (D), for the purpose of paragraph (1), the applicable volume 
     for calendar year 2023 and each calendar year thereafter 
     shall be equal to the product obtained by multiplying--
       (i) the number of gallons of gasoline that the President 
     estimates will be sold or introduced into commerce in the 
     calendar year; and
       (ii) the ratio that--

       (I) 36,000,000,000 gallons of renewable fuel; bears to
       (II) the number of gallons of gasoline sold or introduced 
     into commerce in calendar year 2022.

       (D) Minimum percentage of advanced biofuel.--For the 
     purpose of paragraph (1) and subparagraph (C), at least 60 
     percent of the minimum applicable volume for calendar year 
     2023 and each calendar year thereafter shall be advanced 
     biofuel.
       (b) Applicable Percentages.--
       (1) Provision of estimate of volumes of gasoline sales.--
     Not later than October 31 of each of calendar years 2008 
     through 2021, the Administrator of the Energy Information 
     Administration shall provide to the President an estimate, 
     with respect to the following calendar year, of the volumes 
     of gasoline projected to be sold or introduced into commerce 
     in the United States.
       (2) Determination of applicable percentages.--
       (A) In general.--Not later than November 30 of each of 
     calendar years 2008 through 2022, based on the estimate 
     provided under paragraph (1), the President shall determine 
     and publish in the Federal Register, with respect to the 
     following calendar year, the renewable fuel obligation that 
     ensures that the requirements of subsection (a) are met.
       (B) Required elements.--The renewable fuel obligation 
     determined for a calendar year under subparagraph (A) shall--
       (i) be applicable to refineries, blenders, and importers, 
     as appropriate;
       (ii) be expressed in terms of a volume percentage of 
     gasoline sold or introduced into commerce in the United 
     States; and
       (iii) subject to paragraph (3)(A), consist of a single 
     applicable percentage that applies to all categories of 
     persons specified in clause (i).
       (3) Adjustments.--In determining the applicable percentage 
     for a calendar year, the President shall make adjustments--
       (A) to prevent the imposition of redundant obligations on 
     any person specified in paragraph (2)(B)(i); and
       (B) to account for the use of renewable fuel during the 
     previous calendar year by small refineries that are exempt 
     under subsection (g).
       (c) Volume Conversion Factors for Renewable Fuels Based on 
     Energy Content or Requirements.--
       (1) In general.--For the purpose of subsection (a), the 
     President shall assign values to specific types of advanced 
     biofuels for the purpose of satisfying the fuel volume 
     requirements of subsection (a)(2) in accordance with this 
     subsection.
       (2) Energy content relative to ethanol.--For advanced 
     biofuel, 1 gallon of the advanced biofuel shall be considered 
     to be the equivalent of 1 gallon of renewable fuel multiplied 
     by the ratio that--
       (A) the number of British thermal units of energy produced 
     by the combustion of 1 gallon of the advanced biofuel (as 
     measured under conditions determined by the Secretary); bears 
     to
       (B) the number of British thermal units of energy produced 
     by the combustion of 1 gallon of pure ethanol (as measured 
     under conditions determined by the Secretary to be comparable 
     to conditions described in subparagraph (A)).
       (3) Transitional energy-related conversion factors for 
     cellulosic biomass ethanol.--For any of calendar years 2008 
     through 2015, 1 gallon of cellulosic biomass ethanol shall be 
     considered to be the equivalent of 2.5 gallons of renewable 
     fuel.
       (d) Credit Program.--
       (1) In general.--The President, in consultation with the 
     Secretary and the Administrator of the Environmental 
     Protection Agency, shall implement a credit program to manage 
     the renewable fuel requirement of this section in a manner 
     consistent with the credit program established by the 
     amendment made by section 1501(a)(2) of the Energy Policy Act 
     of 2005 (Public Law 109-58; 119 Stat. 1067).
       (2) Market transparency.--In carrying out the credit 
     program under this subsection, the President shall facilitate 
     price transparency in markets for the sale and trade of 
     credits, with due regard for the public interest, the 
     integrity of those markets, fair competition, and the 
     protection of consumers and agricultural producers.
       (e) Seasonal Variations in Renewable Fuel Use.--
       (1) Study.--For each of calendar years 2008 through 2022, 
     the Administrator of the Energy Information Administration 
     shall conduct a study of renewable fuel blending to determine 
     whether there are excessive seasonal variations in the use of 
     renewable fuel.
       (2) Regulation of excessive seasonal variations.--If, for 
     any calendar year, the Administrator of the Energy 
     Information Administration, based on the study under 
     paragraph (1), makes the determinations specified in 
     paragraph (3), the President shall promulgate regulations to 
     ensure that 25 percent or more of the quantity of renewable 
     fuel necessary to meet the requirements of subsection (a) is 
     used during each of the 2 periods specified in paragraph (4) 
     of each subsequent calendar year.
       (3) Determinations.--The determinations referred to in 
     paragraph (2) are that--
       (A) less than 25 percent of the quantity of renewable fuel 
     necessary to meet the requirements of subsection (a) has been 
     used

[[Page S14017]]

     during 1 of the 2 periods specified in paragraph (4) of the 
     calendar year;
       (B) a pattern of excessive seasonal variation described in 
     subparagraph (A) will continue in subsequent calendar years; 
     and
       (C) promulgating regulations or other requirements to 
     impose a 25 percent or more seasonal use of renewable fuels 
     will not significantly--
       (i) increase the price of motor fuels to the consumer; or
       (ii) prevent or interfere with the attainment of national 
     ambient air quality standards.
       (4) Periods.--The 2 periods referred to in this subsection 
     are--
       (A) April through September; and
       (B) January through March and October through December.
       (f) Waivers.--
       (1) In general.--The President, in consultation with the 
     Secretary of Energy, the Secretary of Agriculture, and the 
     Administrator of the Environmental Protection Agency, may 
     waive the requirements of subsection (a) in whole or in part 
     on petition by one or more States by reducing the national 
     quantity of renewable fuel required under subsection (a), 
     based on a determination by the President (after public 
     notice and opportunity for comment), that--
       (A) implementation of the requirement would severely harm 
     the economy or environment of a State, a region, or the 
     United States; or
       (B) extreme and unusual circumstances exist that prevent 
     distribution of an adequate supply of domestically-produced 
     renewable fuel to consumers in the United States.
       (2) Petitions for waivers.--The President, in consultation 
     with the Secretary of Energy, the Secretary of Agriculture, 
     and the Administrator of the Environmental Protection Agency, 
     shall approve or disapprove a State petition for a waiver of 
     the requirements of subsection (a) within 30 days after the 
     date on which the petition is received by the President.
       (3) Termination of waivers.--A waiver granted under 
     paragraph (1) shall terminate after 1 year, but may be 
     renewed by the President after consultation with the 
     Secretary of Energy, the Secretary of Agriculture, and the 
     Administrator of the Environmental Protection Agency.
       (g) Small Refineries.--
       (1) Temporary exemption.--
       (A) In general.--The requirements of subsection (a) shall 
     not apply to--
       (i) small refineries (other than a small refinery described 
     in clause (ii)) until calendar year 2013; and
       (ii) small refineries owned by a small business refiner (as 
     defined in section 45H(c) of the Internal Revenue Code of 
     1986) until calendar year 2015.
       (B) Extension of exemption.--
       (i) Study by secretary.--Not later than December 31, 2008, 
     the Secretary shall submit to the President and Congress a 
     report describing the results of a study to determine whether 
     compliance with the requirements of subsection (a) would 
     impose a disproportionate economic hardship on small 
     refineries.
       (ii) Extension of exemption.--In the case of a small 
     refinery that the Secretary determines under clause (i) would 
     be subject to a disproportionate economic hardship if 
     required to comply with subsection (a), the President shall 
     extend the exemption under subparagraph (A) for the small 
     refinery for a period of not less than 2 additional years.
       (2) Petitions based on disproportionate economic 
     hardship.--
       (A) Extension of exemption.--A small refinery may at any 
     time petition the President for an extension of the exemption 
     under paragraph (1) for the reason of disproportionate 
     economic hardship.
       (B) Evaluation of petitions.--In evaluating a petition 
     under subparagraph (A), the President, in consultation with 
     the Secretary, shall consider the findings of the study under 
     paragraph (1)(B) and other economic factors.
       (C) Deadline for action on petitions.--The President shall 
     act on any petition submitted by a small refinery for a 
     hardship exemption not later than 90 days after the date of 
     receipt of the petition.
       (3) Opt-in for small refineries.--A small refinery shall be 
     subject to the requirements of subsection (a) if the small 
     refinery notifies the President that the small refinery 
     waives the exemption under paragraph (1).
       (h) Penalties and Enforcement.--
       (1) Civil penalties.--
       (A) In general.--Any person that violates a regulation 
     promulgated under subsection (a), or that fails to furnish 
     any information required under such a regulation, shall be 
     liable to the United States for a civil penalty of not more 
     than the total of--
       (i) $25,000 for each day of the violation; and
       (ii) the amount of economic benefit or savings received by 
     the person resulting from the violation, as determined by the 
     President.
       (B) Collection.--Civil penalties under subparagraph (A) 
     shall be assessed by, and collected in a civil action brought 
     by, the Secretary or such other officer of the United States 
     as is designated by the President.
       (2) Injunctive authority.--
       (A) In general.--The district courts of the United States 
     shall have jurisdiction to--
       (i) restrain a violation of a regulation promulgated under 
     subsection (a);
       (ii) award other appropriate relief; and
       (iii) compel the furnishing of information required under 
     the regulation.
       (B) Actions.--An action to restrain such violations and 
     compel such actions shall be brought by and in the name of 
     the United States.
       (C) Subpoenas.--In the action, a subpoena for a witness who 
     is required to attend a district court in any district may 
     apply in any other district.
       (i) Voluntary Labeling Program.--
       (1) In general.--The President shall establish criteria for 
     a system of voluntary labeling of renewable fuels based on 
     life cycle greenhouse gas emissions.
       (2) Consumer education.--The President shall ensure that 
     the labeling system under this subsection provides useful 
     information to consumers making fuel purchases.
       (3) Flexibility.--In carrying out this subsection, the 
     President may establish more than 1 label, as appropriate.
       (j) Study of Impact of Renewable Fuel Standard.--
       (1) In general.--The Secretary shall enter into an 
     arrangement with the National Academy of Sciences under which 
     the Academy shall conduct a study to assess the impact of the 
     requirements described in subsection (a)(2) on each industry 
     relating to the production of feed grains, livestock, food, 
     and energy.
       (2) Participation.--In conducting the study under paragraph 
     (1), the National Academy of Sciences shall seek the 
     participation, and consider the input, of--
       (A) producers of feed grains;
       (B) producers of livestock, poultry, and pork products;
       (C) producers of food and food products;
       (D) producers of energy;
       (E) individuals and entities interested in issues relating 
     to conservation, the environment, and nutrition; and
       (F) users of renewable fuels.
       (3) Considerations.--In conducting the study, the National 
     Academy of Sciences shall consider--
       (A) the likely impact on domestic animal agriculture 
     feedstocks that, in any crop year, are significantly below 
     current projections; and
       (B) policy options to alleviate the impact on domestic 
     animal agriculture feedstocks that are significantly below 
     current projections.
       (4) Components.--The study shall include--
       (A) a description of the conditions under which the 
     requirements described in subsection (a)(2) should be 
     suspended or reduced to prevent adverse impacts to domestic 
     animal agriculture feedstocks described in paragraph (3)(B); 
     and
       (B) recommendations for the means by which the Federal 
     Government could prevent or minimize adverse economic 
     hardships and impacts.
       (5) Deadline for completion of study.--Not later than 270 
     days after the date of enactment of this Act, the Secretary 
     shall submit to Congress a report that describes the results 
     of the study.
       (6) Periodic reviews.--
       (A) In general.--To allow for the appropriate adjustment of 
     the requirements described in subsection (a)(2), the 
     Secretary shall conduct periodic reviews of--
       (i) existing technologies;
       (ii) the feasibility of achieving compliance with the 
     requirements; and
       (iii) the impacts of the requirements described in 
     subsection (a)(2) on each individual and entity described in 
     paragraph (2).
       (k) Effective Date.--Except as otherwise specifically 
     provided in this section, this section takes effect on the 
     date on which the National Academies of Science completes the 
     study under subsection (j).

     SEC. 9112. PRODUCTION OF RENEWABLE FUEL USING RENEWABLE 
                   ENERGY.

       (a) Definitions.--In this section:
       (1) Facility.--The term ``facility'' means a facility used 
     for the production of renewable fuel.
       (2) Renewable energy.--
       (A) In general.--The term ``renewable energy'' has the 
     meaning given the term in section 203(b) of the Energy Policy 
     Act of 2005 (42 U.S.C. 15852(b)).
       (B) Inclusion.--The term ``renewable energy'' includes 
     biogas produced through the conversion of organic matter from 
     renewable biomass.
       (b) Additional Credit.--
       (1) In general.--The President shall provide a credit under 
     the program established under section 9111(d) to the owner of 
     a facility that uses renewable energy to displace more than 
     90 percent of the fossil fuel normally used in the production 
     of renewable fuel.
       (2) Credit amount.--The President may provide the credit in 
     a quantity that is not more than the equivalent of 1.5 
     gallons of renewable fuel for each gallon of renewable fuel 
     produced in a facility described in paragraph (1).

     SEC. 9113. SENSE OF CONGRESS RELATING TO THE USE OF RENEWABLE 
                   RESOURCES TO GENERATE ENERGY.

       (a) Findings.--Congress finds that--
       (1) the United States has a quantity of renewable energy 
     resources that is sufficient to supply a significant portion 
     of the energy needs of the United States;
       (2) the agricultural, forestry, and working land of the 
     United States can help ensure a sustainable domestic energy 
     system;
       (3) accelerated development and use of renewable energy 
     technologies provide numerous benefits to the United States, 
     including improved national security, improved balance of 
     payments, healthier rural economies,

[[Page S14018]]

     improved environmental quality, and abundant, reliable, and 
     affordable energy for all citizens of the United States;
       (4) the production of transportation fuels from renewable 
     energy would help the United States meet rapidly growing 
     domestic and global energy demands, reduce the dependence of 
     the United States on energy imported from volatile regions of 
     the world that are politically unstable, stabilize the cost 
     and availability of energy, and safeguard the economy and 
     security of the United States;
       (5) increased energy production from domestic renewable 
     resources would attract substantial new investments in energy 
     infrastructure, create economic growth, develop new jobs for 
     the citizens of the United States, and increase the income 
     for farm, ranch, and forestry jobs in the rural regions of 
     the United States;
       (6) increased use of renewable energy is practical and can 
     be cost effective with the implementation of supportive 
     policies and proper incentives to stimulate markets and 
     infrastructure; and
       (7) public policies aimed at enhancing renewable energy 
     production and accelerating technological improvements will 
     further reduce energy costs over time and increase market 
     demand.
       (b) Sense of Congress.--It is the sense of Congress that it 
     is the goal of the United States that, not later than January 
     1, 2025, the agricultural, forestry, and working land of the 
     United States should--
       (1) provide from renewable resources not less than 25 
     percent of the total energy consumed in the United States; 
     and
       (2) continue to produce safe, abundant, and affordable 
     food, feed, and fiber.

                PART II--RENEWABLE FUELS INFRASTRUCTURE

     SEC. 9121. INFRASTRUCTURE PILOT PROGRAM FOR RENEWABLE FUELS.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of Transportation and the Administrator of the 
     Environmental Protection Agency, shall establish a 
     competitive grant pilot program (referred to in this section 
     as the ``pilot program''), to be administered through the 
     Vehicle Technology Deployment Program of the Department of 
     Energy, to provide not more than 10 geographically-dispersed 
     project grants to State governments, Indian tribal 
     governments, local governments, metropolitan transportation 
     authorities, or partnerships of those entities to carry out 1 
     or more projects for the purposes described in subsection 
     (b).
       (b) Grant Purposes.--A grant under this section shall be 
     used for the establishment of refueling infrastructure 
     corridors, as designated by the Secretary, for gasoline 
     blends that contain not less than 11 percent, and not more 
     than 85 percent, renewable fuel or diesel fuel that contains 
     at least 10 percent renewable fuel, including--
       (1) installation of infrastructure and equipment necessary 
     to ensure adequate distribution of renewable fuels within the 
     corridor;
       (2) installation of infrastructure and equipment necessary 
     to directly support vehicles powered by renewable fuels; and
       (3) operation and maintenance of infrastructure and 
     equipment installed as part of a project funded by the grant.
       (c) Applications.--
       (1) Requirements.--
       (A) In general.--Subject to subparagraph (B), not later 
     than 90 days after the date of enactment of this Act, the 
     Secretary shall issue requirements for use in applying for 
     grants under the pilot program.
       (B) Minimum requirements.--At a minimum, the Secretary 
     shall require that an application for a grant under this 
     section--
       (i) be submitted by--

       (I) the head of a State, tribal, or local government or a 
     metropolitan transportation authority, or any combination of 
     those entities; and
       (II) a registered participant in the Vehicle Technology 
     Deployment Program of the Department of Energy; and

       (ii) include--

       (I) a description of the project proposed in the 
     application, including the ways in which the project meets 
     the requirements of this section;
       (II) an estimate of the degree of use of the project, 
     including the estimated size of fleet of vehicles operated 
     with renewable fuel available within the geographic region of 
     the corridor, measured as a total quantity and a percentage;
       (III) an estimate of the potential petroleum displaced as a 
     result of the project (measured as a total quantity and a 
     percentage), and a plan to collect and disseminate petroleum 
     displacement and other relevant data relating to the project 
     to be funded under the grant, over the expected life of the 
     project;
       (IV) a description of the means by which the project will 
     be sustainable without Federal assistance after the 
     completion of the term of the grant;
       (V) a complete description of the costs of the project, 
     including acquisition, construction, operation, and 
     maintenance costs over the expected life of the project; and
       (VI) a description of which costs of the project will be 
     supported by Federal assistance under this subsection.

       (2) Partners.--An applicant under paragraph (1) may carry 
     out a project under the pilot program in partnership with 
     public and private entities.
       (d) Selection Criteria.--In evaluating applications under 
     the pilot program, the Secretary shall--
       (1) consider the experience of each applicant with 
     previous, similar projects; and
       (2) give priority consideration to applications that--
       (A) are most likely to maximize displacement of petroleum 
     consumption, measured as a total quantity and a percentage;
       (B) are best able to incorporate existing infrastructure 
     while maximizing, to the extent practicable, the use of 
     advanced biofuels;
       (C) demonstrate the greatest commitment on the part of the 
     applicant to ensure funding for the proposed project and the 
     greatest likelihood that the project will be maintained or 
     expanded after Federal assistance under this subsection is 
     completed;
       (D) represent a partnership of public and private entities; 
     and
       (E) exceed the minimum requirements of subsection 
     (c)(1)(B).
       (e) Pilot Project Requirements.--
       (1) Maximum amount.--The Secretary shall provide not more 
     than $20,000,000 in Federal assistance under the pilot 
     program to any applicant.
       (2) Cost sharing.--The non-Federal share of the cost of any 
     activity relating to renewable fuel infrastructure 
     development carried out using funds from a grant under this 
     section shall be not less than 20 percent.
       (3) Maximum period of grants.--The Secretary shall not 
     provide funds to any applicant under the pilot program for 
     more than 2 years.
       (4) Deployment and distribution.--The Secretary shall seek, 
     to the maximum extent practicable, to ensure a broad 
     geographic distribution of project sites funded by grants 
     under this section.
       (5) Transfer of information and knowledge.--The Secretary 
     shall establish mechanisms to ensure that the information and 
     knowledge gained by participants in the pilot program are 
     transferred among the pilot program participants and to other 
     interested parties, including other applicants that submitted 
     applications.
       (f) Schedule.--
       (1) Initial grants.--
       (A) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register, Commerce Business Daily, and such other 
     publications as the Secretary considers to be appropriate, a 
     notice and request for applications to carry out projects 
     under the pilot program.
       (B) Deadline.--An application described in subparagraph (A) 
     shall be submitted to the Secretary by not later than 180 
     days after the date of publication of the notice under that 
     subparagraph.
       (C) Initial selection.--Not later than 90 days after the 
     date by which applications for grants are due under 
     subparagraph (B), the Secretary shall select by competitive, 
     peer-reviewed proposal up to 5 applications for projects to 
     be awarded a grant under the pilot program.
       (2) Additional grants.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register, Commerce Business Daily, and such other 
     publications as the Secretary considers to be appropriate, a 
     notice and request for additional applications to carry out 
     projects under the pilot program that incorporate the 
     information and knowledge obtained through the implementation 
     of the first round of projects authorized under the pilot 
     program.
       (B) Deadline.--An application described in subparagraph (A) 
     shall be submitted to the Secretary by not later than 180 
     days after the date of publication of the notice under that 
     subparagraph.
       (C) Initial selection.--Not later than 90 days after the 
     date by which applications for grants are due under 
     subparagraph (B), the Secretary shall select by competitive, 
     peer-reviewed proposal such additional applications for 
     projects to be awarded a grant under the pilot program as the 
     Secretary determines to be appropriate.
       (g) Reports to Congress.--
       (1) Initial report.--Not later than 60 days after the date 
     on which grants are awarded under this section, the Secretary 
     shall submit to Congress a report containing--
       (A) an identification of the grant recipients and a 
     description of the projects to be funded under the pilot 
     program;
       (B) an identification of other applicants that submitted 
     applications for the pilot program but to which funding was 
     not provided; and
       (C) a description of the mechanisms used by the Secretary 
     to ensure that the information and knowledge gained by 
     participants in the pilot program are transferred among the 
     pilot program participants and to other interested parties, 
     including other applicants that submitted applications.
       (2) Evaluation.--Not later than 2 years after the date of 
     enactment of this Act, and annually thereafter until the 
     termination of the pilot program, the Secretary shall submit 
     to Congress a report containing an evaluation of the 
     effectiveness of the pilot program, including an assessment 
     of the petroleum displacement and benefits to the environment 
     derived from the projects included in the pilot program.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $200,000,000, to remain available until expended.

[[Page S14019]]

     SEC. 9122. BIOENERGY RESEARCH AND DEVELOPMENT.

       Section 931(c) of the Energy Policy Act of 2005 (42 U.S.C. 
     16231(c)) is amended--
       (1) in paragraph (2), by striking ``$251,000,000'' and 
     inserting ``$377,000,000''; and
       (2) in paragraph (3), by striking ``$274,000,000'' and 
     inserting ``$398,000,000''.

     SEC. 9123. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.

       Section 977(a)(1) of the Energy Policy Act of 2005 (42 
     U.S.C. 16317(a)(1)) is amended by inserting before the period 
     at the end the following: ``, including the establishment of 
     at least 11 bioresearch centers of varying sizes, as 
     appropriate, that focus on biofuels, of which at least 2 
     centers shall be located in each of the 4 Petroleum 
     Administration for Defense Districts with no subdistricts and 
     1 center shall be located in each of the subdistricts of the 
     Petroleum Administration for Defense District with 
     subdistricts''.

     SEC. 9124. LOAN GUARANTEES FOR RENEWABLE FUEL FACILITIES.

       (a) In General.--Section 1703 of the Energy Policy Act of 
     2005 (42 U.S.C. 16513) is amended by adding at the end the 
     following:
       ``(f) Renewable Fuel Facilities.--
       ``(1) In general.--The Secretary may make guarantees under 
     this title for projects that produce advanced biofuel (as 
     defined in section 9102 of the Biofuels for Energy Security 
     and Transportation Act of 2007).
       ``(2) Requirements.--A project under this subsection shall 
     employ new or significantly improved technologies for the 
     production of renewable fuels as compared to commercial 
     technologies in service in the United States at the time that 
     the guarantee is issued.
       ``(3) Issuance of first loan guarantees.--The requirement 
     of section 20320(b) of division B of the Continuing 
     Appropriations Resolution, 2007 (Public Law 109-289, Public 
     Law 110-5), relating to the issuance of final regulations, 
     shall not apply to the first 6 guarantees issued under this 
     subsection.
       ``(4) Project design.--A project for which a guarantee is 
     made under this subsection shall have a project design that 
     has been validated through the operation of a continuous 
     process pilot facility with an annual output of at least 
     50,000 gallons of ethanol or the energy equivalent volume of 
     other advanced biofuels.
       ``(5) Maximum guaranteed principal.--The total principal 
     amount of a loan guaranteed under this subsection may not 
     exceed $250,000,000 for a single facility.
       ``(6) Amount of guarantee.--The Secretary shall guarantee 
     100 percent of the principal and interest due on 1 or more 
     loans made for a facility that is the subject of the 
     guarantee under paragraph (3).
       ``(7) Deadline.--The Secretary shall approve or disapprove 
     an application for a guarantee under this subsection not 
     later than 90 days after the date of receipt of the 
     application.
       ``(8) Report.--Not later than 30 days after approving or 
     disapproving an application under paragraph (7), the 
     Secretary shall submit to Congress a report on the approval 
     or disapproval (including the reasons for the action).''.
       (b) Improvements to Underlying Loan Guarantee Authority.--
       (1) Definition of commercial technology.--Section 1701(1) 
     of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B) Exclusion.--The term `commercial technology' does not 
     include a technology if the sole use of the technology is in 
     connection with--
       ``(i) a demonstration plant; or
       ``(ii) a project for which the Secretary approved a loan 
     guarantee.''.
       (2) Specific appropriation or contribution.--Section 1702 
     of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
     by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) an appropriation for the cost has been made; or
       ``(B) the Secretary has received from the borrower a 
     payment in full for the cost of the obligation and deposited 
     the payment into the Treasury.
       ``(2) Limitation.--The source of payments received from a 
     borrower under paragraph (1)(B) shall not be a loan or other 
     debt obligation that is made or guaranteed by the Federal 
     Government.
       ``(3) Relation to other laws.--Section 504(b) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall 
     not apply to a loan or loan guarantee made in accordance with 
     paragraph (1)(B).''.
       (3) Amount.--Section 1702 of the Energy Policy Act of 2005 
     (42 U.S.C. 16512) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Amount.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall guarantee up to 100 percent of the principal and 
     interest due on 1 or more loans for a facility that are the 
     subject of the guarantee.
       ``(2) Limitation.--The total amount of loans guaranteed for 
     a facility by the Secretary shall not exceed 80 percent of 
     the total cost of the facility, as estimated at the time at 
     which the guarantee is issued.''.
       (4) Subrogation.--Section 1702(g)(2) of the Energy Policy 
     Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
       (A) by striking subparagraph (B); and
       (B) by redesignating subparagraph (C) as subparagraph (B).
       (5) Fees.--Section 1702(h) of the Energy Policy Act of 2005 
     (42 U.S.C. 16512(h)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Availability.--Fees collected under this subsection 
     shall--
       ``(A) be deposited by the Secretary into a special fund in 
     the Treasury to be known as the `Incentives For Innovative 
     Technologies Fund'; and
       ``(B) remain available to the Secretary for expenditure, 
     without further appropriation or fiscal year limitation, for 
     administrative expenses incurred in carrying out this 
     title.''.

     SEC. 9125. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND 
                   DEVELOPMENT IN CERTAIN STATES.

       (a) In General.--The Secretary shall provide grants to 
     eligible entities to conduct research into, and develop and 
     implement, renewable fuel production technologies in States 
     with low rates of ethanol production, including low rates of 
     production of cellulosic biomass ethanol, as determined by 
     the Secretary.
       (b) Eligibility.--To be eligible to receive a grant under 
     the section, an entity shall--
       (1)(A) be an institution of higher education (as defined in 
     section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) 
     located in a State described in subsection (a);
       (B) be an institution--
       (i) referred to in section 532 of the Equity in Educational 
     Land-Grant Status Act of 1994 (Public Law 103-382; 7 U.S.C. 
     301 note);
       (ii) that is eligible for a grant under the Tribally 
     Controlled College or University Assistance Act of 1978 (25 
     U.S.C. 1801 et seq.), including Dine College; or
       (iii) that is eligible for a grant under the Navajo 
     Community College Act (25 U.S.C. 640a et seq.); or
       (C) be a consortium of such institutions of higher 
     education, industry, State agencies, Indian tribal agencies, 
     or local government agencies located in the State; and
       (2) have proven experience and capabilities with relevant 
     technologies.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal years 2008 through 2010.

     SEC. 9126. GRANTS FOR INFRASTRUCTURE FOR TRANSPORTATION OF 
                   BIOMASS TO LOCAL BIOREFINERIES.

       (a) In General.--The Secretary shall conduct a program 
     under which the Secretary shall provide grants to Indian 
     tribal and local governments and other eligible entities (as 
     determined by the Secretary) (referred to in this section as 
     ``eligible entities'') to promote the development of 
     infrastructure to support the separation, production, 
     processing, and transportation of biomass to local 
     biorefineries, including by portable processing equipment.
       (b) Phases.--The Secretary shall conduct the program in the 
     following phases:
       (1) Development.--In the first phase of the program, the 
     Secretary shall make grants to eligible entities to assist 
     the eligible entities in the development of local projects to 
     promote the development of infrastructure to support the 
     separation, production, processing, and transportation of 
     biomass to local biorefineries, including by portable 
     processing equipment.
       (2) Implementation.--In the second phase of the program, 
     the Secretary shall make competitive grants to eligible 
     entities to implement projects developed under paragraph (1).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 9127. BIOREFINERY INFORMATION CENTER.

       (a) In General.--The Secretary, in cooperation with the 
     Secretary of Agriculture, shall establish a biorefinery 
     information center to make available to interested parties 
     information on--
       (1) renewable fuel resources, including information on 
     programs and incentives for renewable fuels;
       (2) renewable fuel producers;
       (3) renewable fuel users; and
       (4) potential renewable fuel users.
       (b) Administration.--In administering the biorefinery 
     information center, the Secretary shall--
       (1) continually update information provided by the center;
       (2) make information available to interested parties on the 
     process for establishing a biorefinery; and
       (3) make information and assistance provided by the center 
     available through a toll-free telephone number and website.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 9128. ALTERNATIVE FUEL DATABASE AND MATERIALS.

       The Secretary and the Director of the National Institute of 
     Standards and Technology shall jointly establish and make 
     available to the public--
       (1) a database that describes the physical properties of 
     different types of alternative fuel; and
       (2) standard reference materials for different types of 
     alternative fuel.

     SEC. 9129. FUEL TANK CAP LABELING REQUIREMENT.

       Section 406(a) of the Energy Policy Act of 1992 (42 U.S.C. 
     13232(a)) is amended--

[[Page S14020]]

       (1) by striking ``The Federal Trade Commission'' and 
     inserting the following:
       ``(1) In general.--The Federal Trade Commission''; and
       (2) by adding at the end the following:
       ``(2) Fuel tank cap labeling requirement.--Beginning with 
     model year 2010, the fuel tank cap of each alternative fueled 
     vehicle manufactured for sale in the United States shall be 
     clearly labeled to inform consumers that such vehicle can 
     operate on alternative fuel.''.

     SEC. 9130. BIODIESEL.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on any research and development challenges inherent 
     in increasing to 5 percent the proportion of diesel fuel sold 
     in the United States that is biodiesel (as defined in section 
     757 of the Energy Policy Act of 2005 (42 U.S.C. 16105)).
       (b) Regulations.--The President shall promulgate 
     regulations providing for the uniform labeling of biodiesel 
     blends that are certified to meet applicable standards 
     published by the American Society for Testing and Materials.
       (c) National Biodiesel Fuel Quality Standard.--
       (1) Quality regulations.--Not later than 180 days after the 
     date of enactment of this Act, the President shall promulgate 
     regulations to ensure that each diesel-equivalent fuel 
     derived from renewable biomass and introduced into interstate 
     commerce is tested and certified to comply with applicable 
     standards of the American Society for Testing and Materials.
       (2) Enforcement.--The President shall ensure that all 
     biodiesel entering interstate commerce meets the requirements 
     of paragraph (1).
       (3) Funding.--There are authorized to be appropriated to 
     the President to carry out this section:
       (A) $3,000,000 for fiscal year 2008.
       (B) $3,000,000 for fiscal year 2009.
       (C) $3,000,000 for fiscal year 2010.

     SEC. 9131. TRANSITIONAL ASSISTANCE FOR FARMERS WHO PLANT 
                   DEDICATED ENERGY CROPS FOR A LOCAL CELLULOSIC 
                   REFINERY.

       (a) Definitions.--In this section:
       (1) Cellulosic crop.--The term ``cellulosic crop'' means a 
     tree or grass that is grown specifically--
       (A) to provide raw materials (including feedstocks) for 
     conversion to liquid transportation fuels or chemicals 
     through biochemical or thermochemical processes; or
       (B) for energy generation through combustion, pyrolysis, or 
     cofiring.
       (2) Cellulosic refiner.--The term ``cellulosic refiner'' 
     means the owner or operator of a cellulosic refinery.
       (3) Cellulosic refinery.--The term ``cellulosic refinery'' 
     means a refinery that processes a cellulosic crop.
       (4) Qualified cellulosic crop.--The term ``qualified 
     cellulosic crop'' means, with respect to an agricultural 
     producer, a cellulosic crop that is--
       (A) the subject of a contract or memorandum of 
     understanding between the producer and a cellulosic refiner, 
     under which the producer is obligated to sell the crop to the 
     cellulosic refiner by a certain date; and
       (B) produced not more than 70 miles from a cellulosic 
     refinery owned or operated by the cellulosic refiner.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Transitional Assistance Payments.--The Secretary shall 
     make transitional assistance payments to an agricultural 
     producer during the first year in which the producer devotes 
     land to the production of a qualified cellulosic crop.
       (c) Amount of Payment.--
       (1) Determined by formula.--Subject to paragraph (2), the 
     Secretary shall devise a formula to be used to calculate the 
     amount of a payment to be made to an agricultural producer 
     under this section, based on the opportunity cost (as 
     determined in accordance with such standard as the Secretary 
     may establish, taking into consideration land rental rates 
     and other applicable costs) incurred by the producer during 
     the first year in which the producer devotes land to the 
     production of the qualified cellulosic crop.
       (2) Limitation.--The total of the amount paid to a producer 
     under this section shall not exceed an amount equal to 25 
     percent of the amounts made available under subsection (e) 
     for the applicable fiscal year.
       (d) Regulations.--The Secretary shall promulgate such 
     regulations as the Secretary determines to be necessary to 
     carry out this section.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $4,088,000 for 
     each of fiscal years 2008 through 2012, to remain available 
     until expended.

     SEC. 9132. RESEARCH AND DEVELOPMENT IN SUPPORT OF LOW-CARBON 
                   FUELS.

       (a) Declaration of Policy.--Congress declares that, in 
     order to achieve maximum reductions in greenhouse gas 
     emissions, enhance national security, and ensure the 
     protection of wildlife habitat, biodiversity, water quality, 
     air quality, and rural and regional economies throughout the 
     lifecycle of each low-carbon fuel, it is necessary and 
     desirable to undertake a combination of basic and applied 
     research, as well as technology development and 
     demonstration, involving the colleges and universities of the 
     United States, in partnership with the Federal Government, 
     State governments, and the private sector.
       (b) Purpose.--The purpose of this section is to provide for 
     research support to facilitate the development of sustainable 
     markets and technologies to produce and use woody biomass and 
     other low-carbon fuels for the production of thermal and 
     electric energy, biofuels, and bioproducts.
       (c) Definition of Fuel Emission Baseline.--In this section, 
     the term ``fuel emission baseline'' means the average 
     lifecycle greenhouse gas emissions per unit of energy of the 
     fossil fuel component of conventional transportation fuels in 
     commerce in the United States in calendar year 2008, as 
     determined by the President.
       (d) Grant Program.--The President shall establish a program 
     to provide to eligible entities (as identified by the 
     President) grants for use in--
       (1) providing financial support for not more than 4 nor 
     less than 6 demonstration facilities that--
       (A) use woody biomass to deploy advanced technologies for 
     production of thermal and electric energy, biofuels, and 
     bioproducts; and
       (B) are targeted at regional feedstocks and markets;
       (2) conducting targeted research for the development of 
     cellulosic ethanol and other liquid fuels from woody or other 
     biomass that may be used in transportation or stationary 
     applications, such as industrial processes or industrial, 
     commercial, and residential heating;
       (3) conducting research into the best scientifically-based 
     and periodically-updated methods of assessing and certifying 
     the impacts of each low-carbon fuel with respect to--
       (A) the reduction in lifecycle greenhouse gas emissions of 
     each fuel as compared to--
       (i) the fuel emission baseline; and
       (ii) the greenhouse gas emissions of other sectors, such as 
     the agricultural, industrial, and manufacturing sectors;
       (B) the contribution of the fuel toward enhancing the 
     energy security of the United States by displacing imported 
     petroleum and petroleum products;
       (C) any impacts of the fuel on wildlife habitat, 
     biodiversity, water quality, and air quality; and
       (D) any effect of the fuel with respect to rural and 
     regional economies;
       (4) conducting research to determine to what extent the use 
     of low-carbon fuels in the transportation sector would impact 
     greenhouse gas emissions in other sectors, such as the 
     agricultural, industrial, and manufacturing sectors;
       (5) conducting research for the development of the supply 
     infrastructure that may provide renewable biomass feedstocks 
     in a consistent, predictable, and environmentally-sustainable 
     manner;
       (6) conducting research for the development of supply 
     infrastructure that may provide renewable low-carbon fuels in 
     a consistent, predictable, and environmentally-sustainable 
     manner; and
       (7) conducting policy research on the global movement of 
     low-carbon fuels in a consistent, predictable, and 
     environmentally-sustainable manner.
       (e) Authorization of Appropriations.--Of the funding 
     authorized under section 9122, there are authorized to be 
     appropriated to carry out this section--
       (1) $45,000,000 for fiscal year 2009;
       (2) $50,000,000 for fiscal year 2010;
       (3) $55,000,000 for fiscal year 2011;
       (4) $60,000,000 for fiscal year 2012; and
       (5) $65,000,000 for fiscal year 2013.

                           PART III--STUDIES

     SEC. 9141. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES.

       (a) In General.--Not later than October 1, 2012, the 
     Secretary shall offer to enter into a contract with the 
     National Academy of Sciences under which the Academy shall 
     conduct a study of technologies relating to the production, 
     transportation, and distribution of advanced biofuels.
       (b) Scope.--In conducting the study, the Academy shall--
       (1) include an assessment of the maturity of advanced 
     biofuels technologies;
       (2) consider whether the rate of development of those 
     technologies will be sufficient to meet the advanced biofuel 
     standards required under section 9111;
       (3) consider the effectiveness of the research and 
     development programs and activities of the Department of 
     Energy relating to advanced biofuel technologies; and
       (4) make policy recommendations to accelerate the 
     development of those technologies to commercial viability, as 
     appropriate.
       (c) Report.--Not later than November 30, 2014, the 
     Secretary shall submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report describing 
     the results of the study conducted under this section.

     SEC. 9142. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED 
                   GASOLINE WITH HIGHER LEVELS OF ETHANOL.

       (a) In General.--The Secretary, in cooperation with the 
     Secretary of Agriculture, the Administrator of the 
     Environmental Protection Agency, and the Secretary of 
     Transportation, and after providing notice and an opportunity 
     for public comment, shall conduct a study of the feasibility 
     of increasing consumption in the United States of ethanol-
     blended gasoline with levels of ethanol that are not less 
     than 10 percent and not more than 40 percent.

[[Page S14021]]

       (b) Study.--The study under subsection (a) shall include--
       (1) a review of production and infrastructure constraints 
     on increasing consumption of ethanol;
       (2) an evaluation of the economic, market, and energy-
     related impacts of State and regional differences in ethanol 
     blends;
       (3) an evaluation of the economic, market, and energy-
     related impacts on gasoline retailers and consumers of 
     separate and distinctly labeled fuel storage facilities and 
     dispensers;
       (4) an evaluation of the environmental impacts of mid-level 
     ethanol blends on evaporative and exhaust emissions from on-
     road, off-road, and marine engines, recreational boats, 
     vehicles, and equipment;
       (5) an evaluation of the impacts of mid-level ethanol 
     blends on the operation, durability, and performance of on-
     road, off-road, and marine engines, recreational boats, 
     vehicles, and equipment; and
       (6) an evaluation of the safety impacts of mid-level 
     ethanol blends on consumers that own and operate off-road and 
     marine engines, recreational boats, vehicles, or equipment.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study conducted under 
     this section.

     SEC. 9143. PIPELINE FEASIBILITY STUDY.

       (a) In General.--The Secretary, in coordination with the 
     Secretary of Agriculture and the Secretary of Transportation, 
     shall conduct a study of the feasibility of the construction 
     of dedicated ethanol pipelines.
       (b) Factors.--In conducting the study, the Secretary shall 
     consider--
       (1) the quantity of ethanol production that would make 
     dedicated pipelines economically viable;
       (2) existing or potential barriers to dedicated ethanol 
     pipelines, including technical, siting, financing, and 
     regulatory barriers;
       (3) market risk (including throughput risk) and means of 
     mitigating the risk;
       (4) regulatory, financing, and siting options that would 
     mitigate risk in those areas and help ensure the construction 
     of 1 or more dedicated ethanol pipelines;
       (5) financial incentives that may be necessary for the 
     construction of dedicated ethanol pipelines, including the 
     return on equity that sponsors of the initial dedicated 
     ethanol pipelines will require to invest in the pipelines;
       (6) technical factors that may compromise the safe 
     transportation of ethanol in pipelines, identifying remedial 
     and preventative measures to ensure pipeline integrity; and
       (7) such other factors as the Secretary considers 
     appropriate.
       (c) Report.--Not later than 15 months after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study conducted under 
     this section.

     SEC. 9144. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES 
                   TO USE E-85 FUEL.

       (a) In General.--The Secretary shall conduct a study of 
     methods of increasing the fuel efficiency of flexible fueled 
     vehicles by optimizing flexible fueled vehicles to operate 
     using E-85 fuel.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a report that describes the results of the 
     study, including any recommendations of the Secretary.

     SEC. 9145. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY 
                   IN ELECTRIC VEHICLES.

       (a) Definition of Electric Vehicle.--In this section, the 
     term ``electric vehicle'' means an electric motor vehicle (as 
     defined in section 601 of the Energy Policy Act of 1992 (42 
     U.S.C. 13271)) for which the rechargeable storage battery--
       (1) receives a charge directly from a source of electric 
     current that is external to the vehicle; and
       (2) provides a minimum of 80 percent of the motive power of 
     the vehicle.
       (b) Study.--The Secretary shall conduct a study on the 
     feasibility of issuing credits under the program established 
     under section 9111(d) to electric vehicles powered by 
     electricity produced from renewable energy sources.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report that describes the results of the 
     study, including a description of--
       (1) existing programs and studies on the use of renewable 
     electricity as a means of powering electric vehicles; and
       (2) alternatives for--
       (A) designing a pilot program to determine the feasibility 
     of using renewable electricity to power electric vehicles as 
     an adjunct to a renewable fuels mandate;
       (B) allowing the use, under the pilot program designed 
     under subparagraph (A), of electricity generated from nuclear 
     energy as an additional source of supply;
       (C) identifying the source of electricity used to power 
     electric vehicles; and
       (D) equating specific quantities of electricity to 
     quantities of renewable fuel under section 9111(d).

     SEC. 9146. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE 
                   OF BIODIESEL.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall initiate a study 
     on the effects of the use of biodiesel on engine durability.
       (b) Components.--The study under this section shall 
     include--
       (1) an assessment of whether the use of biodiesel in 
     conventional diesel engines lessens engine durability; and
       (2) an assessment of the effects referred to in subsection 
     (a) with respect to biodiesel blends at varying 
     concentrations, including--
       (A) B5;
       (B) B10;
       (C) B20; and
       (D) B30.

     SEC. 9147. STUDY OF INCENTIVES FOR RENEWABLE FUELS.

       (a) Study.--The President shall conduct a study of the 
     renewable fuels industry and markets in the United States, 
     including--
       (1) the costs to produce conventional and advanced 
     biofuels;
       (2) the factors affecting the future market prices for 
     those biofuels, including world oil prices; and
       (3) the financial incentives necessary to enhance, to the 
     maximum extent practicable, the biofuels industry of the 
     United States to reduce the dependence of the United States 
     on foreign oil during calendar years 2011 through 2030.
       (b) Goals.--The study shall include an analysis of the 
     options for financial incentives and the advantage and 
     disadvantages of each option.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the President shall submit to Congress 
     a report that describes the results of the study.

     SEC. 9148. STUDY OF STREAMLINED LIFECYCLE ANALYSIS TOOLS FOR 
                   THE EVALUATION OF RENEWABLE CARBON CONTENT OF 
                   BIOFUELS.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of Agriculture and the Administrator of the 
     Environmental Protection Agency, shall conduct a study of--
       (1) published methods for evaluating the lifecycle fossil 
     and renewable carbon content of fuels, including conventional 
     and advanced biofuels; and
       (2) methods for performing simplified, streamlined 
     lifecycle analyses of the fossil and renewable carbon content 
     of biofuels.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report that describes the results of the 
     study under subsection (a), including recommendations for a 
     method for performing a simplified, streamlined lifecycle 
     analysis of the fossil and renewable carbon content of 
     biofuels that includes--
       (1) carbon inputs to feedstock production; and
       (2) carbon inputs to the biofuel production process, 
     including the carbon associated with electrical and thermal 
     energy inputs.

     SEC. 9149. STUDY OF EFFECTS OF ETHANOL-BLENDED GASOLINE ON 
                   OFF-ROAD VEHICLES.

       (a) Study.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Transportation and the Administrator of the 
     Environmental Protection Agency, shall conduct a study to 
     determine the effects of ethanol-blended gasoline on off-road 
     vehicles and recreational boats.
       (2) Evaluation.--The study shall include an evaluation of 
     the operational, safety, durability, and environmental 
     impacts of ethanol-blended gasoline on off-road and marine 
     engines, recreational boats, and related equipment.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study.

     SEC. 9150. STUDY OF OFFSHORE WIND RESOURCES.

       (a) Definitions.--In this section:
       (1) Eligible institution.--The term ``eligible 
     institution'' means a college or university that--
       (A) as of the date of enactment of this Act, has an 
     offshore wind power research program; and
       (B) is located in a region of the United States that is in 
     reasonable proximity to the eastern outer Continental Shelf, 
     as determined by the Secretary.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Minerals 
     Management Service.
       (b) Study.--The Secretary, in cooperation with an eligible 
     institution, as selected by the Secretary, shall conduct a 
     study to assess each offshore wind resource located in the 
     region of the eastern outer Continental Shelf.
       (c) Report.--Upon completion of the study under subsection 
     (b), the Secretary shall submit to Congress a report that 
     includes--
       (1) a description of--
       (A) the locations and total power generation resources of 
     the best offshore wind resources located in the region of the 
     eastern outer Continental Shelf, as determined by the 
     Secretary;

[[Page S14022]]

       (B) based on conflicting zones relating to any 
     infrastructure that, as of the date of enactment of this Act, 
     is located in close proximity to any offshore wind resource, 
     the likely exclusion zones of each offshore wind resource 
     described in subparagraph (A);
       (C) the relationship of the temporal variation of each 
     offshore wind resource described in subparagraph (A) with--
       (i) any other offshore wind resource; and
       (ii) with loads and corresponding system operator markets;
       (D) the geological compatibility of each offshore wind 
     resource described in subparagraph (A) with any potential 
     technology relating to sea floor towers; and
       (E) with respect to each area in which an offshore wind 
     resource described in subparagraph (A) is located, the 
     relationship of the authority under any coastal management 
     plan of the State in which the area is located with the 
     Federal Government; and
       (2) recommendations on the manner by which to handle 
     offshore wind intermittence.
       (d) Incorporation of Study.--Effective beginning on the 
     date on which the Secretary completes the study under 
     subsection (b), the Secretary shall incorporate the findings 
     included in the report under subsection (c) into the planning 
     process documents for any wind energy lease sale--
       (1) relating to any offshore wind resource located in any 
     appropriate area of the outer Continental Shelf, as 
     determined by the Secretary; and
       (2) that is completed on or after the date of enactment of 
     this Act.
       (e) Effect.--Nothing in this section--
       (1) delays any final regulation to be promulgated by the 
     Secretary of the Interior to carry out section 8(p) of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)); or
       (2) limits the authority of the Secretary to lease any 
     offshore wind resource located in any appropriate area of the 
     outer Continental Shelf, as determined by the Secretary.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000, to 
     remain available until expended.

                   PART IV--ENVIRONMENTAL SAFEGUARDS

     SEC. 9161. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS.

       (a) In General.--The Secretary shall establish a grant 
     program to encourage the production of advanced biofuels.
       (b) Requirements and Priority.--In making grants under this 
     section, the Secretary--
       (1) shall make awards to the proposals for advanced 
     biofuels with the greatest reduction in lifecycle greenhouse 
     gas emissions compared to the comparable motor vehicle fuel 
     lifecycle emissions during calendar year 2007; and
       (2) shall not make an award to a project that does not 
     achieve at least a 50-percent reduction in such lifecycle 
     greenhouse gas emissions.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000,000 for 
     the period of fiscal years 2008 through 2015.

     SEC. 9162. STUDIES OF EFFECTS OF RENEWABLE FUEL USE.

       Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
     amended by adding at the end the following:
       ``(t) Studies of Effects of Renewable Fuel Use.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Administrator shall offer 
     to enter into appropriate arrangements with the National 
     Academy of Sciences and any other independent research 
     institute determined to be appropriate by the Administrator, 
     in consultation with appropriate Federal agencies, to conduct 
     2 studies on the effects of increased domestic use of 
     renewable fuels under the Renewable Fuels, Consumer 
     Protection, and Energy Efficiency Act of 2007.
       ``(2) Matters to be studied.--
       ``(A) In general.--The studies under this subsection shall 
     assess, quantify, and recommend analytical methodologies in 
     relation to environmental changes associated with the 
     increased domestic use of renewable fuels under the Renewable 
     Fuels, Consumer Protection, and Energy Efficiency Act of 
     2007, including production, handling, transportation, and use 
     of the fuels.
       ``(B) Specific matters.--The studies shall include an 
     assessment and quantification, to the maximum extent 
     practicable, of significant changes--
       ``(i) in air and water quality and the quality of other 
     natural resources;
       ``(ii) in land use patterns;
       ``(iii) in the rate of deforestation in the United States 
     and globally;
       ``(iv) to greenhouse gas emissions;
       ``(v) to significant geographic areas and habitats with 
     high biodiversity values (including species richness, the 
     presence of species that are exclusively native to a place, 
     or the presence of endangered species); or
       ``(vi) in the long-term capacity of the United States to 
     produce biomass feedstocks.
       ``(C) Baseline comparison.--In making an assessment or 
     quantifying effects of increased use of renewable fuels, the 
     studies shall use an appropriate baseline involving increased 
     use of the conventional transportation fuels, if displacement 
     by use of renewable fuels had not occurred.
       ``(3) Reports to congress.--The Administrator shall submit 
     to Congress a report summarizing the assessments and findings 
     of--
       ``(A) the first study, along with any recommendations by 
     the Administrator to mitigate adverse effects identified by 
     the study, not later than 3 years after the date of enactment 
     of this subsection; and
       ``(B) the second study, along with any recommendations by 
     the Administrator to mitigate adverse effects identified by 
     the study, not later December 31, 2015.''.

     SEC. 9163. INTEGRATED CONSIDERATION OF WATER QUALITY IN 
                   DETERMINATIONS ON FUELS AND FUEL ADDITIVES.

       Section 211(c)(1) of the Clean Air Act (42 U.S.C. 
     7545(c)(1)) is amended--
       (1) by striking ``nonroad vehicle (A) if in the judgment of 
     the Administrator'' and inserting ``nonroad vehicle--
       ``(A) if, in the judgment of the Administrator, any fuel or 
     fuel additive or'';
       (2) in subparagraph (A), by striking ``air pollution 
     which'' and inserting ``air pollution or water pollution 
     (including any degradation in the quality of groundwater) 
     that''; and
       (3) by striking ``, or (B) if'' and inserting the 
     following: ``; or
       ``(B) if''.

     SEC. 9164. ANTI-BACKSLIDING.

       Section 211 of the Clean Air Act (42 U.S.C. 7545) (as 
     amended by section 9162) is amended by adding at the end the 
     following:
       ``(u) Prevention of Air Quality Deterioration.--
       ``(1) Study.--
       ``(A) In general.--Not later than 18 months after the date 
     of enactment of the Renewable Fuels, Consumer Protection, and 
     Energy Efficiency Act of 2007, the Administrator shall 
     complete a study to determine whether the renewable fuel 
     volumes required by that Act will adversely impact air 
     quality as a result of changes in vehicle and engine 
     emissions of air pollutants regulated under this Act.
       ``(B) Considerations.--The study shall include 
     consideration of--
       ``(i) different blend levels, types of renewable fuels, and 
     available vehicle technologies; and
       ``(ii) appropriate national, regional, and local air 
     quality control measures.
       ``(2) Regulations.--Not later than 3 years after the date 
     of enactment of the Renewable Fuels, Consumer Protection, and 
     Energy Efficiency Act of 2007, the Administrator shall--
       ``(A) promulgate regulations to implement appropriate 
     measures to mitigate, to the greatest extent achievable, 
     considering the results of the study under paragraph (1), any 
     adverse impacts on air quality, as the result of the 
     renewable volumes required by that Act; or
       ``(B) make a determination that no such measures are 
     necessary.
       ``(3) Other requirements.--Nothing in the Renewable Fuels, 
     Consumer Protection, and Energy Efficiency Act of 2007 
     supercedes or otherwise affects any Federal or State 
     requirement under any other provision of law that is more 
     stringent than any requirement of this title.''.
                                 ______
                                 
  SA 3543. Ms. STABENOW (for herself, Mr. Domenici, Mr. Casey, Mr. 
Levin, Mr. Sanders, Mrs. Boxer, Mr. Bingaman, Mr. Coleman, and Mr. 
Feingold) submitted an amendment intended to be proposed to amendment 
SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, 
and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title IV, insert the following:

     SEC. ___. ELIGIBILITY OF ELDERLY PERSONS, WOMEN, INFANTS, AND 
                   CHILDREN UNDER THE COMMODITY SUPPLEMENTAL FOOD 
                   PROGRAM.

       Section 5 of the Agriculture and Consumer Protection Act of 
     1973 (7 U.S.C. 612c note; Public Law 93-86) is amended--
       (1) by striking subsection (g) and inserting the following:
       ``(g) Use of Resources.--Each local agency shall use funds 
     made available to the agency to provide assistance under the 
     program to low-income elderly individuals, women, infants, 
     and children in need of food assistance in accordance with 
     such regulations as the Secretary may prescribe.'';
       (2) in paragraphs (2) and (3) of subsection (h), by 
     inserting ``elderly individuals,'' before ``pregnant''; and
       (3) by adding at the end the following:
       ``(m) Income Eligibility Standards.--
       ``(1) In general.--The Secretary shall establish maximum 
     income eligibility standards to be used in conjunction with 
     such other risk criteria as may be appropriate in determining 
     eligibility for the program.
       ``(2) Conformity; maximum income.--The income standards 
     established under paragraph (1) shall--
       ``(A) be the same for all pregnant, postpartum, and 
     breastfeeding women, for infants, for children, and for 
     elderly individuals qualifying for the program; and
       ``(B) not exceed the maximum income limit prescribed under 
     section 17(d)(2)(A)(i) of the Child Nutrition Act of 1966 (42 
     U.S.C. 1786(d)(2)(A)(i)).''.




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