[Congressional Record Volume 153, Number 173 (Thursday, November 8, 2007)]
[Senate]
[Pages S14203-S14216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3566. Mrs. BOXER 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 1176, strike line 24 and all that follows 
     through page 1177, line 2, and insert the following:
       ``(5) water resource needs, including water requirements 
     for biorefineries;
       ``(6) education and outreach for agricultural producers 
     transitioning to cellulosic feedstocks; and
       ``(7) such other infrastructure issues as the Secretary may 
     determine.''.
       On page 1177, strike lines 18 through 21 and insert the 
     following:
       ``(5) the resource use and conservation characteristics of 
     alternative approaches to infrastructure development;
       ``(6) the impact on the development of renewable energy 
     when public and private utilities do not pay competitive 
     rates for wind, solar, and biogas energy from agricultural 
     sources; and
       ``(7) the environmental benefits of planting perennial 
     grasses for the production of cellulosic ethanol.''.
                                 ______
                                 
  SA 3567. Mrs. BOXER (for herself and Ms. Collins) 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 980, strike lines 12 and 13 and insert the 
     following:

     including fresh-cut produce;
       ``(7) methods of improving the supply and effectiveness of 
     pollination for specialty crop production; and
       ``(8) efforts relating to optimizing the produc-
                                 ______
                                 
  SA 3568. Mr. STEVENS (for himself and Ms. Murkowski) 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. 110__. EXEMPTION FROM AQI USER FEES.

       (a) In General.--Notwithstanding any other provision of law 
     (including regulations), the owner or operator of any 
     commercial truck described in subsection (b) shall be exempt 
     from the payment of any agricultural quarantine and 
     inspection user fee.
       (b) Commercial Trucks.--A commercial truck referred to in 
     subsection (a) is a commercial truck that--
       (1) originates in the State of Alaska and reenters the 
     customs territory of the United States directly from Canada; 
     or
       (2) originates in the customs territory of the United 
     States (other than the State of Alaska) and transits through 
     the customs territory of Canada directly before entering the 
     State of Alaska.
                                 ______
                                 
  SA 3569. Mr. STEVENS (for himself, Ms. Murkowski, Mr. Lott, and Mr. 
Smith) 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 778, between lines 2 and 3, insert the following:
       (c) Commercial Fishing.--Section 343 of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 1991) is amended--
       (1) in subsection (a), by inserting ``and, in the case of 
     subtitle B, commercial fishing'' before the period at the end 
     of each of paragraphs (1) and (2); and
       (2) by adding at the end the following:
       ``(c) Definition of Farm.--In subtitle B, the term `farm' 
     includes a commercial fishing enterprise.''.
                                 ______
                                 
  SA 3570. Mrs. FEINSTEIN (for herself and Mrs. Hutchison) submitted an 
amendment intended to be proposed by

[[Page S14204]]

her to the bill S. 597, to extend the special postage stamp for breast 
cancer research for 2 years; which was ordered to lie on the table; as 
follows:

       In section 1, in the section heading, strike ``2-YEAR'' AND 
     INSERT ``4-YEAR''.
       In section 1, strike ``2009'' and insert ``2011''.
       Amend the title so as to read: ``To extend the special 
     postage stamp for breast cancer research for 4 years.''
                                 ______
                                 
  SA 3571. Mr. ALLARD 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. 110___. USDA PROGRAM GOALS.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that describes--
       (1) each program of the Department of Agriculture that has 
     received a Program Assessment Rating Tool (referred to in 
     this section as ``PART'') score of ``results not 
     demonstrated''; and
       (2) for each such program, the steps being taken by the 
     Secretary to develop acceptable and quantifiable performance 
     goals to determine whether the program is performing as 
     Congress intended.
       (b) Annual Budget.--
       (1) In general.--The Secretary shall include in the annual 
     submission to Congress of the budget for the Department of 
     Agriculture a report that identifies each program within the 
     Department of Agriculture that has, as of the date of the 
     report, a PART score of ``results not demonstrated'' or 
     ``ineffective''.
       (2) Funding.--If a program of the Department of Agriculture 
     receives a PART score described in paragraph (1) for 2 or 
     more consecutive years, the amount made available to the 
     Secretary to carry out the program for each subsequent fiscal 
     year shall be decreased by 10 percent until such time as the 
     program receives a PART score of at least ``adequate''.
       (c) Reduction of Debt.--For each fiscal year for which a 
     program of the Department of Agriculture receives decreased 
     funding under subsection (b)(2), an amount equal to the 
     amount of funding withheld from the Department of Agriculture 
     for that program shall be deposited in the account 
     established under section 3113(d) of title 31, United States 
     Code, for use in reducing the Federal debt.
                                 ______
                                 
  SA 3572. Mr. ALLARD 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:

                           Amendment No. 3572

       On page 966, between lines 13 and 14, insert the following:

     SEC. 7050. REGIONAL CENTERS OF EXCELLENCE IN FOOD SYSTEMS 
                   VETERINARY MEDICINE.

       Subtitle K of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310 et 
     seq.) (as amended by section 7049) is amended by adding at 
     the end the following:

     ``SEC. 1473S. REGIONAL CENTERS OF EXCELLENCE IN FOOD SYSTEMS 
                   VETERINARY MEDICINE.

       ``(a) Definition of Eligible School of Veterinary 
     Medicine.--In this section, the term `eligible school of 
     veterinary medicine' means a school of veterinary medicine 
     that is--
       ``(1) a public or other nonprofit entity; and
       ``(2) accredited by an entity that is approved for such 
     purpose by the Department of Education.
       ``(b) Grant Program.--The Secretary shall make grants to 
     eligible schools of veterinary medicine to assist the 
     eligible schools of veterinary medicine in supporting centers 
     of emphasis in food systems veterinary medicine.
       ``(c) Application Process.--
       ``(1) Application requirement.--To be eligible to receive a 
     grant from the Secretary under subsection (b), an eligible 
     school of veterinary medicine shall submit to the Secretary 
     an application at such time, in such manner, and containing 
     such information as the Secretary may require.
       ``(2) Consideration of applications.--The Secretary shall 
     establish procedures to ensure that--
       ``(A) each application submitted under paragraph (1) is 
     rigorously reviewed; and
       ``(B) grants are competitively awarded based on--
       ``(i) the ability of the eligible school of veterinary 
     medicine to provide a comprehensive educational experience 
     for students with particular emphasis on the species of food 
     animal for which the eligible school of veterinary medicine 
     is applying that is used for food production (including food 
     animal veterinary medicine, food supply bioterrorism 
     prevention and surveillance, food-safety, and the improvement 
     of the quality of the environment);
       ``(ii) the ability of the eligible school of veterinary 
     medicine to increase capacity with respect to research on the 
     species of food animal for which the eligible school of 
     veterinary medicine is applying that is used for food 
     production; and
       ``(iii) any other consideration that the Secretary 
     determines to be appropriate.
       ``(3) Preference for consortium.--In making grants under 
     subsection (b), the Secretary shall give preference to 
     eligible schools of veterinary medicine that participate in 
     interinstitutional agreements that--
       ``(A) cover issues relating to residency, tuition, or fees; 
     and
       ``(B) consist of more than 1 other--
       ``(i) school of veterinary medicine;
       ``(ii) school of public health;
       ``(iii) school of agriculture; or
       ``(iv) appropriate entity that carries out education and 
     research activities with respect to food production systems, 
     as determined by the Secretary.
       ``(d) Required Use of Funds.--The Secretary may not make a 
     grant to an eligible school of veterinary medicine under 
     subsection (b) unless the eligible school of veterinary 
     medicine agrees to use the grant funds--
       ``(1) to develop a competitive student applicant pool 
     through linkages with other appropriate schools of veterinary 
     medicine, as determined by the Secretary;
       ``(2) to improve the capacity of the eligible school of 
     veterinary medicine--
       ``(A) to train, recruit, and retain faculty;
       ``(B) to pay such stipends and fellowships as the Secretary 
     determines to be appropriate in areas of research relating 
     to--
       ``(i) food animal medicine; and
       ``(ii) food-safety and defense; and
       ``(C) to enhance the quality of the environment;
       ``(3) to carry out activities to improve the information 
     resources, curriculum, and clinical education of students of 
     the eligible school of veterinary medicine with respect to--
       ``(A) food animal veterinary medicine; and
       ``(B) food-safety;
       ``(4) to facilitate faculty and student research on health 
     issues that--
       ``(A) affect--
       ``(i) food-producing animals; and
       ``(ii) food-safety; and
       ``(B) enhance the environment;
       ``(5) to provide stipends for students to offset costs 
     relating to travel, tuition, and other expenses associated 
     with attending the eligible school of veterinary medicine; 
     and
       ``(6) for any other purpose that the Secretary determines 
     to be appropriate.
       ``(e) Period of Grants.--
       ``(1) In general.--Subject to paragraph (2), an eligible 
     school of veterinary medicine that receives funds through a 
     grant under subsection (b) shall receive funds under the 
     grant for not more than 5 years after the date on which the 
     grant was first provided.
       ``(2) Conditions relating to grant funds.--Funds provided 
     to an eligible school of veterinary medicine through a grant 
     under subsection (b) shall be subject to--
       ``(A) the annual approval of the Secretary; and
       ``(B) the availability of appropriations.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section for each of fiscal years 2008 through 
     2012.''.
                                 ______
                                 
  SA 3573. Mr. ALLARD 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:
       Section 20 of the Cooperative Forestry Assistance Act of 
     1978 (as added by section 8004) is amended by striking 
     subsection (a) and inserting the following:
       ``(a) Establishment.--The Secretary shall establish a 
     comprehensive statewide forest planning program under which 
     the Secretary shall provide financial and technical 
     assistance to States for use in the development and 
     implementation of--
       ``(1) statewide forest resource assessments and plans; and
       ``(2) community wildfire protection plans.
                                 ______
                                 
  SA 3574. 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 appropriate place in title XI, insert the following:

     SEC. ____. FOOD SAFETY IMPROVEMENT.

       (a) Reportable Food Registries.--
       (1) Federal meat inspection.--The Federal Meat Inspection 
     Act is amended--
       (A) by redesignating section 411 (21 U.S.C. 680) as section 
     412; and
       (B) by inserting after section 410 (21 U.S.C. 679a) the 
     following:

     ``SEC. 411. REPORTABLE FOOD EVENT.

       ``(a) Definitions.--In this section:
       ``(1) Reportable food.--The term `reportable food' means 
     meat or a meat food product under this Act for which there is 
     a reasonable probability that the use of, or exposure to, the 
     meat or meat food product will cause serious adverse health 
     consequences or death to humans or animals.
       ``(2) Registry.--The term `Registry' means the registry 
     established under subsection (b).

[[Page S14205]]

       ``(3) Responsible party.--The term `responsible party', 
     with respect to a reportable food, means an operator of an 
     establishment subject to inspection under this Act at which 
     the reportable food is manufactured, processed, packed, or 
     held.
       ``(b) Establishment.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Food and Energy Security Act of 2007, the 
     Secretary shall establish within the Department of 
     Agriculture a Reportable Meat Registry to which information 
     concerning reportable food may be submitted via an electronic 
     portal, from--
       ``(A) employees of the Food Safety and Inspection Service;
       ``(B) Federal, State, and local public health officials; 
     and
       ``(C) responsible parties.
       ``(2) Review by secretary.--The Secretary shall promptly 
     review and assess the information submitted under paragraph 
     (1) for the purposes of--
       ``(A) identifying reportable food;
       ``(B) submitting entries to the Registry;
       ``(C) taking actions under subsection (c); and
       ``(D) exercising other food safety authority of the 
     Secretary to protect the health and safety of humans and 
     animals.
       ``(c) Issuance of an Alert by the Secretary.--
       ``(1) In general.--The Secretary shall issue, or cause to 
     be issued, an alert or a notification with respect to a 
     reportable food using information from the Registry as the 
     Secretary considers necessary to protect the health and 
     safety of humans and animals.
       ``(2) Effect.--Paragraph (1) shall not affect the authority 
     of the Secretary to issue an alert or a notification under 
     any other provision of law.
       ``(d) Reporting and Notification.--
       ``(1) In general.--Except as provided in paragraph (2), as 
     soon as practicable, but in no case later than 24 hours after 
     a responsible party determines that meat or meat food product 
     is a reportable food, the responsible party shall--
       ``(A) submit a report to the Secretary through the Registry 
     that includes information described in subsection (e) (other 
     than the information described in paragraphs (7), (8), and 
     (9) of that subsection); and
       ``(B) investigate the cause of the event that caused the 
     meat or meat food product to be a reportable food, if the 
     reportable food originated with the responsible party.
       ``(2) No report required.--A responsible party shall not be 
     required to submit a report under paragraph (1) if--
       ``(A) the adulteration or misbranding originated with the 
     responsible party;
       ``(B) the responsible party detected the adulteration or 
     misbranding prior to any transfer to another person of the 
     meat or meat food product; and
       ``(C) the responsible party--
       ``(i) corrected the adulteration or misbranding; or
       ``(ii) destroyed or caused the destruction of the meat or 
     meat food product.
       ``(3) Report number.--The Secretary shall ensure that, upon 
     submission of a report under paragraph (1), a unique number 
     is issued through the Registry to the person submitting the 
     report, by which the Secretary is able--
       ``(A) to link reports about the reportable food submitted 
     and amended under this subsection; and
       ``(B) identify the supply chain for the reportable food.
       ``(4) Response to report submitted by a responsible 
     party.--After consultation with the responsible party that 
     submitted a report under paragraph (1), the Secretary may 
     require the responsible party to perform, as soon as 
     practicable, but in no case later than a time specified by 
     the Secretary, 1 or more of the following, as determined by 
     the Secretary:
       ``(A) Amend the report submitted by the responsible party 
     under paragraph (1) to include the information described in 
     subsection (e)(8).
       ``(B) Provide a notification--
       ``(i) to the immediate previous source of the reportable 
     food;
       ``(ii) to the immediate subsequent recipient of the 
     reportable food; and
       ``(iii) that includes--

       ``(I) the information described in subsection (e) that the 
     Secretary considers necessary;
       ``(II) the actions described under paragraph (5) that the 
     recipient of the notification shall perform, as required by 
     the Secretary; and
       ``(III) any other information that the Secretary may 
     require.

       ``(5) Subsequent reports and notifications.--Except as 
     provided in paragraph (6), the Secretary may require a 
     responsible party to perform, as soon as practicable, but in 
     no case later than a time specified by the Secretary, after 
     the responsible party receives a notification under 
     subparagraph (C) or paragraph (4)(B), 1 or more of the 
     following:
       ``(A) Submit a report to the Secretary through the Registry 
     established under subsection (b) that includes the 
     information described in subsection (e) and other information 
     that the Secretary considers necessary.
       ``(B) Investigate the cause of the adulteration or 
     misbranding if the adulteration or misbranding of the 
     reportable food may have originated with the responsible 
     party.
       ``(C) Provide a notification--
       ``(i) to the immediate previous source of the reportable 
     food;
       ``(ii) to the immediate subsequent recipient of the 
     reportable food; and
       ``(iii) that includes--

       ``(I) the information described in subsection (e) that the 
     Secretary considers necessary;
       ``(II) the actions described under this paragraph that the 
     recipient of the notification shall perform, as required by 
     the Secretary; and
       ``(III) any other information that the Secretary may 
     require.

       ``(6) Amended report.--If a responsible party receives a 
     notification under paragraph (4)(B) or paragraph (5)(C) with 
     respect to a reportable food after the responsible party has 
     submitted a report to the Secretary under paragraph (1) with 
     respect to the reportable food, the responsible party--
       ``(A) shall not be required to submit an additional report 
     or make a notification under paragraph (5); and
       ``(B) the responsible party shall amend the report 
     submitted by the responsible party under paragraph (1) to 
     include the information described in paragraph (7), and, with 
     respect to both the notification and the report, paragraph 
     (10) of subsection (e).
       ``(e) Information.--The information described in this 
     subsection is the following:
       ``(1) The date on which the meat or meat food product was 
     determined to be a reportable food.
       ``(2) A description of the reportable food, including the 
     quantity of the reportable food.
       ``(3) The extent and nature of the adulteration or 
     misbranding.
       ``(4) If the adulteration or misbranding of the reportable 
     food may have originated with the responsible party, the 
     results of the investigation required under paragraph (1)(B) 
     or (5)(B) of subsection (d), as applicable, and when known.
       ``(5) The disposition of the reportable food, if known.
       ``(6) Product information typically found on packaging 
     including product codes, use-by dates, and the names of 
     manufacturers, packers, or distributors sufficient to 
     identify the reportable food.
       ``(7) Contact information for the responsible party.
       ``(8) The contact information for parties directly linked 
     in the supply chain and notified under paragraph (4)(B) or 
     (5)(C) of subsection (d), as applicable.
       ``(9) The information required by the Secretary to be 
     included in a notification provided by the responsible party 
     involved under paragraph (4)(B) or (5)(C) of subsection (d) 
     or required in a report under subsection (d)(5)(A).
       ``(10) The unique number described in subsection (d)(3).
       ``(f) Coordination of Federal, State, and Local Efforts.--
       ``(1) Food and drug administration.--In carrying out this 
     section, the Secretary shall--
       ``(A) share information and coordinate regulatory efforts 
     with the Commissioner of Food and Drugs; and
       ``(B) if the Secretary receives a report submitted about a 
     food within the jurisdiction of the Commissioner, promptly 
     provide the report to the Commissioner.
       ``(2) States and localities.--In carrying out this section, 
     the Secretary shall work with the State and local public 
     health officials to share information that is not 
     confidential commercial or financial information protected 
     under section 552(b)(4) of title 5, United States Code, and 
     coordinate regulatory efforts, in order to--
       ``(A) help to ensure coverage of the safety of the food 
     supply chain, including those establishments regulated by the 
     States and localities that are not regulated under this Act; 
     and
       ``(B) reduce duplicative regulatory efforts.
       ``(g) Maintenance and Inspection of Records.--
       ``(1) In general.--The responsible party shall maintain 
     records related to each report received, notification made, 
     and report submitted to the Secretary under this section for 
     at least 2 years.
       ``(2) Inspection.--A responsible party shall, at the 
     request of the Secretary, permit inspection of records 
     maintained under paragraph (1).
       ``(h) Request for Information.--Section 552 of title 5, 
     United States Code, shall apply to any request for 
     information regarding a record in the Registry.
       ``(i) Safety Report.--A report or notification under 
     subsection (d) may be accompanied by a statement, which shall 
     be part of any report released for public disclosure, that 
     denies that the report or the notification constitutes an 
     admission that the product involved caused or contributed to 
     a death, serious injury, or serious illness.
       ``(j) Admission.--A report or notification under this 
     section shall not be considered an admission that the 
     reportable food involved is adulterated, misbranded, or 
     caused or contributed to a death, serious injury, or serious 
     illness.
       ``(k) Homeland Security Notification.--If, after receiving 
     a report under subsection (d), the Secretary believes the 
     reportable food may have been deliberately adulterated or 
     misbranded, the Secretary shall--
       ``(1) immediately notify the Secretary of Homeland 
     Security; and
       ``(2) make relevant information from the Registry available 
     to the Secretary of Homeland Security.
       ``(l) Violations.--A responsible party that fails to comply 
     with any requirement of this

[[Page S14206]]

     section shall be subject to an appropriate penalty under 
     section 406.''.
       (2) Poultry products inspection act.--The Poultry Products 
     Inspection Act is amended by inserting after section 10 (21 
     U.S.C. 459) the following:

     ``SEC. 10A. REPORTABLE FOOD EVENT.

       ``(a) Definitions.--In this section:
       ``(1) Reportable food.--The term `reportable food' means 
     poultry or a poultry product under this Act for which there 
     is a reasonable probability that the use of, or exposure to, 
     the poultry or poultry product will cause serious adverse 
     health consequences or death to humans or animals.
       ``(2) Registry.--The term `Registry' means the registry 
     established under subsection (b).
       ``(3) Responsible party.--The term `responsible party', 
     with respect to a reportable food, means an operator of an 
     official establishment.
       ``(b) Establishment.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Food and Energy Security Act of 2007, the 
     Secretary shall establish within the Department of 
     Agriculture a Reportable Poultry Registry to which 
     information concerning reportable food may be submitted via 
     an electronic portal, from--
       ``(A) employees of the Food Safety and Inspection Service;
       ``(B) Federal, State, and local public health officials; 
     and
       ``(C) responsible parties.
       ``(2) Review by secretary.--The Secretary shall promptly 
     review and assess the information submitted under paragraph 
     (1) for the purposes of--
       ``(A) identifying reportable food;
       ``(B) submitting entries to the Registry;
       ``(C) taking actions under subsection (c); and
       ``(D) exercising other food safety authority of the 
     Secretary to protect the health and safety of humans and 
     animals.
       ``(c) Issuance of an Alert by the Secretary.--
       ``(1) In general.--The Secretary shall issue, or cause to 
     be issued, an alert or a notification with respect to a 
     reportable food using information from the Registry as the 
     Secretary considers necessary to protect the health and 
     safety of humans and animals.
       ``(2) Effect.--Paragraph (1) shall not affect the authority 
     of the Secretary to issue an alert or a notification under 
     any other provision of law.
       ``(d) Reporting and Notification.--
       ``(1) In general.--Except as provided in paragraph (2), as 
     soon as practicable, but in no case later than 24 hours after 
     a responsible party determines that poultry or poultry 
     product is a reportable food, the responsible party shall--
       ``(A) submit a report to the Secretary through the Registry 
     that includes information described in subsection (e) (other 
     than the information described in paragraphs (7), (8), and 
     (9) of that subsection); and
       ``(B) investigate the cause of the event that caused the 
     poultry or poultry product to be a reportable food, if the 
     reportable food originated with the responsible party.
       ``(2) No report required.--A responsible party shall not be 
     required to submit a report under paragraph (1) if--
       ``(A) the adulteration or misbranding originated with the 
     responsible party;
       ``(B) the responsible party detected the adulteration or 
     misbranding prior to any transfer to another person of the 
     poultry or poultry product; and
       ``(C) the responsible party--
       ``(i) corrected the adulteration or misbranding; or
       ``(ii) destroyed or caused the destruction of the poultry 
     or poultry product.
       ``(3) Report number.--The Secretary shall ensure that, upon 
     submission of a report under paragraph (1), a unique number 
     is issued through the Registry to the person submitting the 
     report, by which the Secretary is able--
       ``(A) to link reports about the reportable food submitted 
     and amended under this subsection; and
       ``(B) identify the supply chain for the reportable food.
       ``(4) Response to report submitted by a responsible 
     party.--After consultation with the responsible party that 
     submitted a report under paragraph (1), the Secretary may 
     require the responsible party to perform, as soon as 
     practicable, but in no case later than a time specified by 
     the Secretary, 1 or more of the following, as determined by 
     the Secretary:
       ``(A) Amend the report submitted by the responsible party 
     under paragraph (1) to include the information described in 
     subsection (e)(8).
       ``(B) Provide a notification--
       ``(i) to the immediate previous source of the reportable 
     food;
       ``(ii) to the immediate subsequent recipient of the 
     reportable food; and
       ``(iii) that includes--

       ``(I) the information described in subsection (e) that the 
     Secretary considers necessary;
       ``(II) the actions described under paragraph (5) that the 
     recipient of the notification shall perform, as required by 
     the Secretary; and
       ``(III) any other information that the Secretary may 
     require.

       ``(5) Subsequent reports and notifications.--Except as 
     provided in paragraph (6), the Secretary may require a 
     responsible party to perform, as soon as practicable, but in 
     no case later than a time specified by the Secretary, after 
     the responsible party receives a notification under 
     subparagraph (C) or paragraph (4)(B), 1 or more of the 
     following:
       ``(A) Submit a report to the Secretary through the Registry 
     established under subsection (b) that includes the 
     information described in subsection (e) and other information 
     that the Secretary considers necessary.
       ``(B) Investigate the cause of the adulteration or 
     misbranding if the adulteration or misbranding of the 
     reportable food may have originated with the responsible 
     party.
       ``(C) Provide a notification--
       ``(i) to the immediate previous source of the reportable 
     food;
       ``(ii) to the immediate subsequent recipient of the 
     reportable food; and
       ``(iii) that includes--

       ``(I) the information described in subsection (e) that the 
     Secretary considers necessary;
       ``(II) the actions described under this paragraph that the 
     recipient of the notification shall perform, as required by 
     the Secretary; and
       ``(III) any other information that the Secretary may 
     require.

       ``(6) Amended report.--If a responsible party receives a 
     notification under paragraph (4)(B) or paragraph (5)(C) with 
     respect to a reportable food after the responsible party has 
     submitted a report to the Secretary under paragraph (1) with 
     respect to the reportable food, the responsible party--
       ``(A) shall not be required to submit an additional report 
     or make a notification under paragraph (5); and
       ``(B) the responsible party shall amend the report 
     submitted by the responsible party under paragraph (1) to 
     include the information described in paragraph (7), and, with 
     respect to both the notification and the report, paragraph 
     (10) of subsection (e).
       ``(e) Information.--The information described in this 
     subsection is the following:
       ``(1) The date on which the poultry or poultry product was 
     determined to be a reportable food.
       ``(2) A description of the reportable food, including the 
     quantity of the reportable food.
       ``(3) The extent and nature of the adulteration or 
     misbranding.
       ``(4) If the adulteration or misbranding of the reportable 
     food may have originated with the responsible party, the 
     results of the investigation required under paragraph (1)(B) 
     or (5)(B) of subsection (d), as applicable, and when known.
       ``(5) The disposition of the reportable food, if known.
       ``(6) Product information typically found on packaging 
     including product codes, use-by dates, and the names of 
     manufacturers, packers, or distributors sufficient to 
     identify the reportable food.
       ``(7) Contact information for the responsible party.
       ``(8) The contact information for parties directly linked 
     in the supply chain and notified under paragraph (4)(B) or 
     (5)(C) of subsection (d), as applicable.
       ``(9) The information required by the Secretary to be 
     included in a notification provided by the responsible party 
     involved under paragraph (4)(B) or (5)(C) of subsection (d) 
     or required in a report under subsection (d)(5)(A).
       ``(10) The unique number described in subsection (d)(3).
       ``(f) Coordination of Federal, State, and Local Efforts.--
       ``(1) Food and drug administration.--In carrying out this 
     section, the Secretary shall--
       ``(A) share information and coordinate regulatory efforts 
     with the Commissioner of Food and Drugs; and
       ``(B) if the Secretary receives a report submitted about a 
     food within the jurisdiction of the Commissioner, promptly 
     provide the report to the Commissioner.
       ``(2) States and localities.--In carrying out this section, 
     the Secretary shall work with the State and local public 
     health officials to share information that is not 
     confidential commercial or financial information protected 
     under section 552(b)(4) of title 5, United States Code, and 
     coordinate regulatory efforts, in order to--
       ``(A) help to ensure coverage of the safety of the food 
     supply chain, including those establishments regulated by the 
     States and localities that are not regulated under this Act; 
     and
       ``(B) reduce duplicative regulatory efforts.
       ``(g) Maintenance and Inspection of Records.--
       ``(1) In general.--The responsible party shall maintain 
     records related to each report received, notification made, 
     and report submitted to the Secretary under this section for 
     at least 2 years.
       ``(2) Inspection.--A responsible party shall, at the 
     request of the Secretary, permit inspection of records 
     maintained under paragraph (1).
       ``(h) Request for Information.--Section 552 of title 5, 
     United States Code, shall apply to any request for 
     information regarding a record in the Registry.
       ``(i) Safety Report.--A report or notification under 
     subsection (d) may be accompanied by a statement, which shall 
     be part of any report released for public disclosure, that 
     denies that the report or the notification constitutes an 
     admission that the product involved caused or contributed to 
     a death, serious injury, or serious illness.
       ``(j) Admission.--A report or notification under this 
     section shall not be considered an

[[Page S14207]]

     admission that the reportable food involved is adulterated, 
     misbranded, or caused or contributed to a death, serious 
     injury, or serious illness.
       ``(k) Homeland Security Notification.--If, after receiving 
     a report under subsection (d), the Secretary believes the 
     reportable food may have been deliberately adulterated or 
     misbranded, the Secretary shall--
       ``(1) immediately notify the Secretary of Homeland 
     Security; and
       ``(2) make relevant information from the Registry available 
     to the Secretary of Homeland Security.
       ``(l) Penalties.--A responsible party that fails to comply 
     with any requirement of this section shall be subject to an 
     appropriate penalty under section 12.''.
       (3) Conforming amendment.--Section 12(a) of the Poultry 
     Products Inspection Act (21 U.S.C. 461(a)) is amended by 
     inserting ``10A,'' after ``10,''.
       (4) Effective date.--The amendments made by the subsection 
     take effect on the date that is 1 year after the date of 
     enactment of this Act.
       (5) Guidance.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary shall issue a guidance 
     to industry relating to--
       (A) the submission of reports to the registries established 
     under section 411 of the Federal Meat Inspection Act (as 
     amended by paragraph (1)) and section 10A of the Poultry 
     Products Inspection Act (as amended by paragraph (2)); and
       (B) the provision of notification to other persons in the 
     supply chain of reportable food under those sections.
       (6) Effect.--Nothing in this subsection, or an amendment 
     made by this subsection, alters the jurisdiction between the 
     Secretary and the Secretary of Health and Human Services, 
     under applicable law (including regulations).
       (b) Supplemental Plans and Reassessments.--The Secretary 
     shall require that each establishment required by the 
     Secretary to have a hazard analysis and critical control 
     point plan in accordance with the final rule of the Secretary 
     (61 Fed. Reg. 38806 (July 25, 1996)) shall submit to the 
     Secretary, in writing--
       (1) at a minimum, a recall plan described in Directive 
     8080.1, Rev. 4 (May 24, 2004) of the Food Safety and 
     Inspection Service (or a successor directive); and
       (2) for beef products, an E. coli reassessment described in 
     the supplementary information relating to E. coli O157: H7 
     Contamination of Beef Products (67 Fed. Reg. 62325 (October 
     7, 2002); part 417 of title 9, Code of Federal Regulations).
       (c) Sanitary Transportation of Food.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall promulgate regulations described in section 
     416(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     350e(b)).
       (2) Memorandum of understanding.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary, the 
     Secretary of Health and Human Services, and the Secretary of 
     Transportation shall enter into a memorandum of understanding 
     to ensure that the Secretaries work together effectively to 
     ensure the safety and security of the food supply of the 
     United States, particularly in relation to distribution 
     channels involving transportation (as described in the 
     withdrawal of notices of proposed rulemaking (70 Fed. Reg. 
     76228 (December 23, 2005))).
                                 ______
                                 
  SA 3575. Mr. COLEMAN (for himself, Mrs. Dole, Mr. McConnell, Mr. 
Lott, Mr. Isakson, Mr. DeMint, Mr. Martinez, Mr. Vitter, Mr. Alexander, 
Mr. Burr, Mr. Bond, Mr. Inhofe, Mr. Gregg, and Mr. Corker) 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, insert the following:

     SEC. __. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) some States issue State driver's licenses to aliens who 
     are unlawfully present in the United States;
       (2) providing official government-issued identification to 
     individuals who are in the United States illegally rewards 
     those who show disrespect and disregard for Federal 
     immigration laws;
       (3) the very act of entering the United States illegally 
     shows disrespect for the laws of the United States and should 
     not be rewarded in any way;
       (4) issuing driver's licenses to undocumented individuals 
     presents a national security risk and enables election fraud; 
     and
       (5) States should not issue driver's licenses or other 
     photo identification to aliens who are unlawfully present in 
     the United States.
                                 ______
                                 
  SA 3576. Mr. NELSON of Nebraska (for himself and Mr. Salazar) 
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:

       In section 1101, strike subsection (c) and insert the 
     following:
       (c) Permanent Reduction in Base Acres.--
       (1) Reduction at option of owner.--
       (A) In general.--The owner of a farm may reduce, at any 
     time, the base acres for any covered commodity for the farm.
       (B) Effect of reduction.--A reduction under subparagraph 
     (A) shall be permanent and made in a manner prescribed by the 
     Secretary.
       (2) Required action by secretary.--
       (A) In general.--The Secretary shall suspend all direct, 
     counter-cyclical, and average crop revenue payments on base 
     acres for covered commodities for land that is no longer a 
     farming operation or used in conjunction with a farming 
     operation, as determined by the Secretary.
       (B) Reduction.--The Secretary shall permanently reduce base 
     acres for covered commodities in a manner prescribed by the 
     Secretary, for land that--
       (i) has been developed for commercial or industrial use; or
       (ii) has been subdivided and developed for multiple 
     residential units or other nonfarming uses, unless the 
     producer demonstrates that the land remains devoted 
     exclusively to agricultural production.
       (3) Review and report.--Each year, to ensure, to the 
     maximum extent practicable, that payments are received only 
     by producers, the Secretary shall--
       (A) track each reconstitution of land that is reported by a 
     producer that is covered by paragraph (2);
       (B) include in any end-of-the-year review for purposes of 
     payment limitations or other compliance inspections or other 
     actions taken by the Secretary, a review to ensure compliance 
     with paragraph (2); and
       (C) submit to Congress a report that describes the results 
     of the actions taken under subparagraphs (A) and (B).
       In section 1302, strike subsection (c) and insert the 
     following:
       (c) Permanent Reduction in Base Acres.--
       (1) Reduction at option of owner.--
       (A) In general.--The owner of a farm may reduce, at any 
     time, the base acres for peanuts for the farm.
       (B) Effect of reduction.--A reduction under subparagraph 
     (A) shall be permanent and made in a manner prescribed by the 
     Secretary.
       (2) Required action by secretary.--
       (A) In general.--The Secretary shall suspend all direct, 
     counter-cyclical, and average crop revenue payments on base 
     acres for peanuts for land that is no longer a farming 
     operation or used in conjunction with a farming operation, as 
     determined by the Secretary.
       (B) Reduction.--The Secretary shall permanently reduce base 
     acres for peanuts in a manner prescribed by the Secretary, 
     for land that--
       (i) has been developed for commercial or industrial use; or
       (ii) has been subdivided and developed for multiple 
     residential units or other nonfarming uses, unless the 
     producer demonstrates that the land remains devoted 
     exclusively to agricultural production.
       (3) Review and report.--Each year, to ensure, to the 
     maximum extent practicable, that payments are received only 
     by producers, the Secretary shall--
       (A) track each reconstitution of land that is reported by a 
     producer that is covered by paragraph (2);
       (B) include in any end-of-the-year review for purposes of 
     payment limitations or other compliance inspections or other 
     actions taken by the Secretary, a review to ensure compliance 
     with paragraph (2); and
       (C) submit to Congress a report that describes the results 
     of the actions taken under subparagraphs (A) and (B).
                                 ______
                                 
  SA 3577. Mr. SMITH (for himself and Mr. Wyden) 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. 11___. EXTENSION OF PARTICIPATION OF BUREAU OF 
                   RECLAMATION IN DESCHUTES RIVER CONSERVANCY.

       Section 301 of the Oregon Resource Conservation Act of 1996 
     (division B of Public Law 104-208; 110 Stat. 3009-534) is 
     amended--
       (1) in subsection (a)(1)--
       (A) by striking ``Deschutes River Basin Working Group'' and 
     inserting ``Deschutes River Conservancy Working Group''; and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) 4 representatives of private interests, including--
       ``(i) 2 representatives from irrigated agriculture who 
     actively farm more than 100 acres of irrigated land and are 
     not irrigation district managers; and
       ``(ii) 2 representatives from the environmental 
     community;'';
       (2) in subsection (b)(3), by inserting before the period at 
     the end the following: ``, and up to a total amount of 
     $2,000,000 during each of fiscal years 2007 through 2016''; 
     and
       (3) in subsection (h), by inserting before the period at 
     the end the following: ``, and $2,000,000 for each of fiscal 
     years 2007 through 2016''.

[[Page S14208]]

     SEC. 11___. WALLOWA LAKE DAM REHABILITATION.

       (a) Definitions.--In this section:
       (1) Associated ditch companies, incorporated.--The term 
     ``Associated Ditch Companies, Incorporated'' means the 
     nonprofit corporation established under the laws of the State 
     of Oregon that operates Wallowa Lake Dam.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (3) Wallowa lake dam rehabilitation program.--The term 
     ``Wallowa Lake Dam Rehabilitation Program'' means the program 
     for the rehabilitation of the Wallowa Lake Dam in Oregon, as 
     contained in the engineering document titled, ``Phase I Dam 
     Assessment and Preliminary Engineering Design'', dated 
     December 2002, and on file with the Bureau of Reclamation.
       (b) Authorization to Participate in Program.--
       (1) Grants and cooperative agreements.--The Secretary may 
     provide grants to, or enter into cooperative or other 
     agreements with, tribal, State, and local governmental 
     entities and Associated Ditch Companies, Incorporated, to 
     plan, design, and construct facilities needed to implement 
     the Wallowa Lake Dam Rehabilitation Program.
       (2) Conditions.--As a condition of providing funds under 
     paragraph (1), the Secretary shall ensure that--
       (A) the Wallowa Lake Dam Rehabilitation Program and 
     activities under this section meet the standards of the dam 
     safety program of the State of Oregon;
       (B) Associated Ditch Companies, Incorporated, agrees to 
     assume liability for any work performed, or supervised, with 
     Federal funds provided to it under this section; and
       (C) the United States shall not be liable for damages of 
     any kind arising out of any act, omission, or occurrence 
     relating to a facility rehabilitated or constructed with 
     Federal funds provided under this section, during and after 
     the period in which activities are conducted using Federal 
     funds provided under this section.
       (3) Cost sharing.--
       (A) In general.--The Federal share of the costs of 
     activities authorized under this section shall not exceed 50 
     percent.
       (B) Exclusions from federal share.--There shall not be 
     credited against the Federal share of those costs--
       (i) any expenditure by the Bonneville Power Administration 
     in the Wallowa River watershed; or
       (ii) expenditures made by individual agricultural producers 
     in any Federal commodity or conservation program.
       (4) Compliance with state law.--In carrying out this 
     section, the Secretary shall comply with applicable water 
     laws of the State of Oregon.
       (5) Prohibition on holding title.--The Federal Government 
     shall not hold title to any facility rehabilitated or 
     constructed under this section.
       (6) Prohibition on operation and maintenance.--The Federal 
     Government shall not be responsible for the operation or 
     maintenance of any facility constructed or rehabilitated 
     under this section.
       (c) Relationship to Other Law.--An activity funded under 
     this section shall not be considered to be a supplemental or 
     additional benefit under the Federal reclamation laws.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $6,000,000 to pay the 
     Federal share of the costs of activities authorized under 
     this section.
       (e) Sunset.--The authority of the Secretary to carry out 
     this section terminates on the date that is 10 years after 
     the date of enactment of this Act.

     SEC. 11___. LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, WATER 
                   RESOURCE STUDY.

       (a) Authorization.--The Secretary of the Interior, acting 
     through the Bureau of Reclamation, may participate in the 
     Water for Irrigation, Streams, and the Economy Project water 
     management feasibility study and environmental impact 
     statement in accordance with the ``Memorandum of Agreement 
     Between City of Medford and Bureau of Reclamation for the 
     Water for Irrigation, Streams, and the Economy Project'', 
     dated July 2, 2004.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Bureau of Reclamation $500,000 to carry out activities 
     under this section.
       (2) Non-federal share.--
       (A) In general.--The non-Federal share of an activity 
     carried out under subsection (a) shall be 50 percent of the 
     total cost to the Bureau of Reclamation of carrying out the 
     activity.
       (B) Form.--The non-Federal share required under 
     subparagraph (A) may be in the form of any in-kind services 
     that the Secretary of the Interior determines would 
     contribute substantially toward the conduct and completion of 
     the study and environmental impact statement required under 
     subsection (a).
       (c) Sunset.--The authority of the Secretary to carry out 
     this section terminates on the date that is 10 years after 
     the date of enactment of this Act.

     SEC. 11___. NORTH UNIT IRRIGATION DISTRICT.

       The Act of August 10, 1954 (68 Stat. 679, chapter 663), is 
     amended--
       (1) in the first section--
       (A) by inserting ``(referred to in this Act as the 
     `District')'' after ``irrigation district''; and
       (B) by inserting ``(referred to in this Act as the 
     `Contract')'' after ``1953''; and
       (2) by adding at the end the following:

     ``SEC. 3. ADDITIONAL TERMS.

       ``On approval of the District directors and notwithstanding 
     project authorizing legislation to the contrary, the Contract 
     is modified, without further action by the Secretary of the 
     Interior, to include the following modifications:
       ``(1) In Article 8(a) of the Contract, by deleting `a 
     maximum of 50,000' and inserting `approximately 59,000' after 
     `irrigation service to'.
       ``(2) In Article 11(a) of the Contract, by deleting `The 
     classified irrigable lands within the project comprise 
     49,817.75 irrigable acres, of which 35,773.75 acres are in 
     Class A and 14,044.40 in Class B. These lands and the 
     standards upon which the classification was made are 
     described in the document entitled ``Land Classification, 
     North Unit, Deschutes Project, 1953'' which is on file in the 
     office of the Regional Director, Bureau of Reclamation, 
     Boise, Idaho, and in the office of the District' and 
     inserting `The classified irrigable land within the project 
     comprises 58,902.8 irrigable acres, all of which are 
     authorized to receive irrigation water pursuant to water 
     rights issued by the State of Oregon and have in the past 
     received water pursuant to such State water rights.'.
       ``(3) In Article 11(c) of the Contract, by deleting `, with 
     the approval of the Secretary,' after `District may', by 
     deleting `the 49,817.75 acre maximum limit on the irrigable 
     area is not exceeded' and inserting `irrigation service is 
     provided to no more than approximately 59,000 acres and no 
     amendment to the District boundary is required' after `time 
     so long as'.
       ``(4) In Article 11(d) of the Contract, by inserting `, and 
     may further be used for instream purposes, including fish or 
     wildlife purposes, to the extent that such use is required by 
     Oregon State law in order for the District to engage in, or 
     take advantage of, conserved water projects as authorized by 
     Oregon State law' after `herein provided'.
       ``(5) By adding at the end of Article 12(d) the following: 
     `(e) Notwithstanding the above subsections of this Article or 
     Article 13 below, beginning with the irrigation season 
     immediately following the date of enactment of the Food and 
     Energy Security Act of 2007, the annual installment for each 
     year, for the District, under the Contract, on account of the 
     District's construction charge obligation, shall be a fixed 
     and equal annual amount payable on June 30 the year following 
     the year for which it is applicable, such that the District's 
     total construction charge obligation shall be completely paid 
     by June 30, 2044.'.
       ``(6) In Article 14(a) of the Contract, by inserting `and 
     for instream purposes, including fish or wildlife purposes, 
     to the extent that such use is required by Oregon State law 
     in order for the District to engage in, or take advantage of, 
     conserved water projects as authorized by Oregon State law,' 
     after `and incidental stock and domestic uses', by inserting 
     `and for instream purposes as described above,' after 
     `irrigation, stock and domestic uses', and by inserting `, 
     including natural flow rights out of the Crooked River held 
     by the District' after `irrigation system'.
       ``(7) In Article 29(a) of the Contract, by inserting `and 
     for instream purposes, including fish or wildlife purposes, 
     to the extent that such use is required by Oregon State law 
     in order for the District to engage in, or take advantage of, 
     conserved water projects as authorized by Oregon State law' 
     after `provided in article 11'.
       ``(8) In Article 34 of the Contract, by deleting `The 
     District, after the election and upon the execution of this 
     contract, shall promptly secure final decree of the proper 
     State court approving and confirming this contract and 
     decreeing and adjudging it to be a lawful, valid, and binding 
     general obligation of the District. The District shall 
     furnish to the United States certified copies of such decrees 
     and of all pertinent supporting records.' after `for that 
     purpose.'.

     ``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.

       ``The Secretary of the Interior (acting through the 
     Commissioner of Reclamation) may in the future renegotiate 
     with the District such terms of the Contract as the District 
     directors determine to be necessary, only upon the written 
     request of the District directors and the consent of the 
     Commissioner of Reclamation.''.

     SEC. 11___. TUMALO WATER CONSERVATION PROJECT.

       (a) Definitions.--In this section:
       (1) District.--The term ``District'' means the Tumalo 
     Irrigation District, Oregon.
       (2) Project.--The term ``Project'' means the Tumalo 
     Irrigation District Water Conservation Project authorized 
     under section 3(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Authorization to Plan, Design and Construct the Tumalo 
     Water Conservation Project.--
       (1) Authorization.--The Secretary, in cooperation with the 
     District--
       (A) may participate in the planning, design, and 
     construction of the Tumalo Irrigation District Water 
     Conservation Project in Deschutes County, Oregon; and
       (B) for purposes of planning and designing the Project, 
     shall take into account any appropriate studies and reports 
     prepared by the District.

[[Page S14209]]

       (2) Cost-sharing requirement.--
       (A) Federal share.--The Federal share of the total cost of 
     the Project shall be 25 percent, which shall be 
     nonreimbursable to the United States.
       (B) Credit toward non-federal share.--The Secretary shall 
     credit toward the non-Federal share of the Project any 
     amounts that the District provides toward the design, 
     planning, and construction before the date of enactment of 
     this Act.
       (3) Title.--The District shall hold title to any facilities 
     constructed under this section.
       (4) Operation and maintenance costs.--The District shall 
     pay the operation and maintenance costs of the Project.
       (5) Effect.--Any assistance provided under this section 
     shall not be considered to be a supplemental or additional 
     benefit under Federal reclamation law (the Act of June 17, 
     1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
     and amendatory of that Act (43 U.S.C. 371 et seq.).
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary for the Federal share of 
     the cost of the Project $4,000,000.
       (d) Termination of Authority.--The authority of the 
     Secretary to carry out this section terminates on the date 
     that is 10 years after the date of enactment of this Act.
                                 ______
                                 
  SA 3578. Mr. SMITH (for himself and Mr. Wyden) 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. 11___. EXTENSION OF PARTICIPATION OF BUREAU OF 
                   RECLAMATION IN DESCHUTES RIVER CONSERVANCY.

       Section 301 of the Oregon Resource Conservation Act of 1996 
     (division B of Public Law 104-208; 110 Stat. 3009-534) is 
     amended--
       (1) in subsection (a)(1)--
       (A) by striking ``Deschutes River Basin Working Group'' and 
     inserting ``Deschutes River Conservancy Working Group''; and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) 4 representatives of private interests, including--
       ``(i) 2 representatives from irrigated agriculture who 
     actively farm more than 100 acres of irrigated land and are 
     not irrigation district managers; and
       ``(ii) 2 representatives from the environmental 
     community;'';
       (2) in subsection (b)(3), by inserting before the period at 
     the end the following: ``, and up to a total amount of 
     $2,000,000 during each of fiscal years 2007 through 2016''; 
     and
       (3) in subsection (h), by inserting before the period at 
     the end the following: ``, and $2,000,000 for each of fiscal 
     years 2007 through 2016''.
                                 ______
                                 
  SA 3579. Mr. SMITH (for himself and Mr. Wyden) 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. 11___. WALLOWA LAKE DAM REHABILITATION.

       (a) Definitions.--In this section:
       (1) Associated ditch companies, incorporated.--The term 
     ``Associated Ditch Companies, Incorporated'' means the 
     nonprofit corporation established under the laws of the State 
     of Oregon that operates Wallowa Lake Dam.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (3) Wallowa lake dam rehabilitation program.--The term 
     ``Wallowa Lake Dam Rehabilitation Program'' means the program 
     for the rehabilitation of the Wallowa Lake Dam in Oregon, as 
     contained in the engineering document titled, ``Phase I Dam 
     Assessment and Preliminary Engineering Design'', dated 
     December 2002, and on file with the Bureau of Reclamation.
       (b) Authorization to Participate in Program.--
       (1) Grants and cooperative agreements.--The Secretary may 
     provide grants to, or enter into cooperative or other 
     agreements with, tribal, State, and local governmental 
     entities and Associated Ditch Companies, Incorporated, to 
     plan, design, and construct facilities needed to implement 
     the Wallowa Lake Dam Rehabilitation Program.
       (2) Conditions.--As a condition of providing funds under 
     paragraph (1), the Secretary shall ensure that--
       (A) the Wallowa Lake Dam Rehabilitation Program and 
     activities under this section meet the standards of the dam 
     safety program of the State of Oregon;
       (B) Associated Ditch Companies, Incorporated, agrees to 
     assume liability for any work performed, or supervised, with 
     Federal funds provided to it under this section; and
       (C) the United States shall not be liable for damages of 
     any kind arising out of any act, omission, or occurrence 
     relating to a facility rehabilitated or constructed with 
     Federal funds provided under this section, during and after 
     the period in which activities are conducted using Federal 
     funds provided under this section.
       (3) Cost sharing.--
       (A) In general.--The Federal share of the costs of 
     activities authorized under this section shall not exceed 50 
     percent.
       (B) Exclusions from federal share.--There shall not be 
     credited against the Federal share of those costs--
       (i) any expenditure by the Bonneville Power Administration 
     in the Wallowa River watershed; or
       (ii) expenditures made by individual agricultural producers 
     in any Federal commodity or conservation program.
       (4) Compliance with state law.--In carrying out this 
     section, the Secretary shall comply with applicable water 
     laws of the State of Oregon.
       (5) Prohibition on holding title.--The Federal Government 
     shall not hold title to any facility rehabilitated or 
     constructed under this section.
       (6) Prohibition on operation and maintenance.--The Federal 
     Government shall not be responsible for the operation or 
     maintenance of any facility constructed or rehabilitated 
     under this section.
       (c) Relationship to Other Law.--An activity funded under 
     this section shall not be considered to be a supplemental or 
     additional benefit under the Federal reclamation laws.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $6,000,000 to pay the 
     Federal share of the costs of activities authorized under 
     this section.
       (e) Sunset.--The authority of the Secretary to carry out 
     this section terminates on the date that is 10 years after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 3580. Mr. SMITH (for himself and Mr. Wyden) 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. 11___. LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, WATER 
                   RESOURCE STUDY.

       (a) Authorization.--The Secretary of the Interior, acting 
     through the Bureau of Reclamation, may participate in the 
     Water for Irrigation, Streams, and the Economy Project water 
     management feasibility study and environmental impact 
     statement in accordance with the ``Memorandum of Agreement 
     Between City of Medford and Bureau of Reclamation for the 
     Water for Irrigation, Streams, and the Economy Project'', 
     dated July 2, 2004.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Bureau of Reclamation $500,000 to carry out activities 
     under this section.
       (2) Non-federal share.--
       (A) In general.--The non-Federal share of an activity 
     carried out under subsection (a) shall be 50 percent of the 
     total cost to the Bureau of Reclamation of carrying out the 
     activity.
       (B) Form.--The non-Federal share required under 
     subparagraph (A) may be in the form of any in-kind services 
     that the Secretary of the Interior determines would 
     contribute substantially toward the conduct and completion of 
     the study and environmental impact statement required under 
     subsection (a).
       (c) Sunset.--The authority of the Secretary to carry out 
     this section terminates on the date that is 10 years after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 3581. Mr. SMITH (for himself and Mr. Wyden) 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. 11___. NORTH UNIT IRRIGATION DISTRICT.

       The Act of August 10, 1954 (68 Stat. 679, chapter 663), is 
     amended--
       (1) in the first section--
       (A) by inserting ``(referred to in this Act as the 
     `District')'' after ``irrigation district''; and
       (B) by inserting ``(referred to in this Act as the 
     `Contract')'' after ``1953''; and
       (2) by adding at the end the following:

     ``SEC. 3. ADDITIONAL TERMS.

       ``On approval of the District directors and notwithstanding 
     project authorizing legislation to the contrary, the Contract 
     is modified, without further action by the Secretary of the 
     Interior, to include the following modifications:
       ``(1) In Article 8(a) of the Contract, by deleting `a 
     maximum of 50,000' and inserting `approximately 59,000' after 
     `irrigation service to'.
       ``(2) In Article 11(a) of the Contract, by deleting `The 
     classified irrigable lands within the project comprise 
     49,817.75 irrigable acres, of which 35,773.75 acres are in 
     Class A and 14,044.40 in Class B. These lands and the

[[Page S14210]]

     standards upon which the classification was made are 
     described in the document entitled ``Land Classification, 
     North Unit, Deschutes Project, 1953'' which is on file in the 
     office of the Regional Director, Bureau of Reclamation, 
     Boise, Idaho, and in the office of the District' and 
     inserting `The classified irrigable land within the project 
     comprises 58,902.8 irrigable acres, all of which are 
     authorized to receive irrigation water pursuant to water 
     rights issued by the State of Oregon and have in the past 
     received water pursuant to such State water rights.'.
       ``(3) In Article 11(c) of the Contract, by deleting `, with 
     the approval of the Secretary,' after `District may', by 
     deleting `the 49,817.75 acre maximum limit on the irrigable 
     area is not exceeded' and inserting `irrigation service is 
     provided to no more than approximately 59,000 acres and no 
     amendment to the District boundary is required' after `time 
     so long as'.
       ``(4) In Article 11(d) of the Contract, by inserting `, and 
     may further be used for instream purposes, including fish or 
     wildlife purposes, to the extent that such use is required by 
     Oregon State law in order for the District to engage in, or 
     take advantage of, conserved water projects as authorized by 
     Oregon State law' after `herein provided'.
       ``(5) By adding at the end of Article 12(d) the following: 
     `(e) Notwithstanding the above subsections of this Article or 
     Article 13 below, beginning with the irrigation season 
     immediately following the date of enactment of the Food and 
     Energy Security Act of 2007, the annual installment for each 
     year, for the District, under the Contract, on account of the 
     District's construction charge obligation, shall be a fixed 
     and equal annual amount payable on June 30 the year following 
     the year for which it is applicable, such that the District's 
     total construction charge obligation shall be completely paid 
     by June 30, 2044.'.
       ``(6) In Article 14(a) of the Contract, by inserting `and 
     for instream purposes, including fish or wildlife purposes, 
     to the extent that such use is required by Oregon State law 
     in order for the District to engage in, or take advantage of, 
     conserved water projects as authorized by Oregon State law,' 
     after `and incidental stock and domestic uses', by inserting 
     `and for instream purposes as described above,' after 
     `irrigation, stock and domestic uses', and by inserting `, 
     including natural flow rights out of the Crooked River held 
     by the District' after `irrigation system'.
       ``(7) In Article 29(a) of the Contract, by inserting `and 
     for instream purposes, including fish or wildlife purposes, 
     to the extent that such use is required by Oregon State law 
     in order for the District to engage in, or take advantage of, 
     conserved water projects as authorized by Oregon State law' 
     after `provided in article 11'.
       ``(8) In Article 34 of the Contract, by deleting `The 
     District, after the election and upon the execution of this 
     contract, shall promptly secure final decree of the proper 
     State court approving and confirming this contract and 
     decreeing and adjudging it to be a lawful, valid, and binding 
     general obligation of the District. The District shall 
     furnish to the United States certified copies of such decrees 
     and of all pertinent supporting records.' after `for that 
     purpose.'.

     ``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.

       ``The Secretary of the Interior (acting through the 
     Commissioner of Reclamation) may in the future renegotiate 
     with the District such terms of the Contract as the District 
     directors determine to be necessary, only upon the written 
     request of the District directors and the consent of the 
     Commissioner of Reclamation.''.
                                 ______
                                 
  SA 3582. Mr. SMITH (for himself and Mr. Wyden) 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. 11___. TUMALO WATER CONSERVATION PROJECT.

       (a) Definitions.--In this section:
       (1) District.--The term ``District'' means the Tumalo 
     Irrigation District, Oregon.
       (2) Project.--The term ``Project'' means the Tumalo 
     Irrigation District Water Conservation Project authorized 
     under section 3(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Authorization to Plan, Design and Construct the Tumalo 
     Water Conservation Project.--
       (1) Authorization.--The Secretary, in cooperation with the 
     District--
       (A) may participate in the planning, design, and 
     construction of the Tumalo Irrigation District Water 
     Conservation Project in Deschutes County, Oregon; and
       (B) for purposes of planning and designing the Project, 
     shall take into account any appropriate studies and reports 
     prepared by the District.
       (2) Cost-sharing requirement.--
       (A) Federal share.--The Federal share of the total cost of 
     the Project shall be 25 percent, which shall be 
     nonreimbursable to the United States.
       (B) Credit toward non-federal share.--The Secretary shall 
     credit toward the non-Federal share of the Project any 
     amounts that the District provides toward the design, 
     planning, and construction before the date of enactment of 
     this Act.
       (3) Title.--The District shall hold title to any facilities 
     constructed under this section.
       (4) Operation and maintenance costs.--The District shall 
     pay the operation and maintenance costs of the Project.
       (5) Effect.--Any assistance provided under this section 
     shall not be considered to be a supplemental or additional 
     benefit under Federal reclamation law (the Act of June 17, 
     1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
     and amendatory of that Act (43 U.S.C. 371 et seq.).
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary for the Federal share of 
     the cost of the Project $4,000,000.
       (d) Termination of Authority.--The authority of the 
     Secretary to carry out this section terminates on the date 
     that is 10 years after the date of enactment of this Act.
                                 ______
                                 
  SA 3583. Mr. SUNUNU (for himself and Mr. Gregg) 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, insert the following:

     SEC. _. CREDIT FOR BIOMASS FUEL PROPERTY EXPENDITURES.

       (a) Allowance of Credit.--Subsection (a) of section 25D, as 
     amended by this Act, is amended--
       (1) by striking ``and'' at the end of paragraph (3),
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``, and'', and
       (3) by adding at the end the following new paragraph:
       ``(5) 30 percent of the qualified biomass fuel property 
     expenditures made by the taxpayer during such year.''.
       (b) Maximum Credit.--Paragraph (1) of section 25D(b), as 
     amended by this Act, is amended--
       (1) by striking ``and'' at the end of subparagraph (C),
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``, and'', and
       (3) by adding at the end the following new subparagraph:
       ``(E) $4,000 with respect to any qualified biomass fuel 
     property expenditures.''.
       (c) Maximum Expenditures.--Subparagraph (A) of section 
     25D(e)(4), as amended by this Act, is amended--
       (1) by striking ``and'' at the end of clause (iii),
       (2) by striking the period at the end of clause (iv) and 
     inserting ``, and'', and
       (3) by adding at the end the following new clause:
       ``(v) $6,667 in the case of any qualified biomass fuel 
     property expenditures.''.
       (d) Qualified Biomass Fuel Property Expenditures.--
     Subsection (d) of section 25D, as amended by this Act, is 
     amended by adding at the end the following new paragraph:
       ``(5) Qualified biomass fuel property expenditure.--
       ``(A) In general.--The term `qualified biomass fuel 
     property expenditure' means an expenditure for property--
       ``(i) which uses the burning of biomass fuel to heat a 
     dwelling unit located in the United States and used as a 
     residence by the taxpayer, or to heat water for use in such a 
     dwelling unit, and
       ``(ii) which has a thermal efficiency rating of at least 75 
     percent.
       ``(B) Biomass fuel.--For purposes of this section, the term 
     `biomass fuel' means any plant-derived fuel available on a 
     renewable or recurring basis, including agricultural crops 
     and trees, wood and wood waste and residues (including wood 
     pellets), plants (including aquatic plants), grasses, 
     residues, and fibers.''.
       (e) Termination.--Section 25D(g), relating to termination, 
     is amended to read as follows:
       ``(g) Termination.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     credit allowed under this section shall not apply to property 
     placed in service after December 31, 2008.
       ``(2) Exception.--The credit allowed under this section by 
     reason of subsection (a)(5) shall not apply to property 
     placed in service after December 31, 2012.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to expenditures paid or incurred in taxable years 
     beginning after December 31, 2007.
                                 ______
                                 
  SA 3584. Mr. COBURN 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 F of title IV, add the following:

     SEC. 49__. REPORT ON FEDERAL HUNGER PROGRAMS.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to Congress a report that contains--
       (1) a complete list of all Federal programs that seek to 
     alleviate hunger or food insecurity or improve nutritional 
     intake, including

[[Page S14211]]

     programs that support collaboration, coordination, research, 
     or infrastructure related to these issues;
       (2) for each program listed under paragraph (1)--
       (A) the total amount of Federal funds used to carry out the 
     program in the most recent fiscal year for which comparable 
     data is available;
       (B) a comparison of the amount described in subparagraph 
     (A) with the amount used to carry out a similar program 10 
     and 20 years previously;
       (C) to the maximum extent practicable, the amount of 
     Federal funds used under the program to provide direct food 
     aid to individuals (including the amount used for the costs 
     of administering the program); and
       (D) a review to determine whether the program has been 
     independently reviewed for effectiveness with respect to 
     achieving the goals of the program, including--
       (i) the findings of the independent review; and
       (ii) for the 10 highest-cost programs, a determination of 
     whether the review was conducted in accordance with accepted 
     research principles;
       (3) for the 10- and 20-year periods before the date of 
     enactment of this Act, and for the most recent year for which 
     data is available, the estimated number of people in the 
     United States who are hungry (or food insecure) or obese; and
       (4) as of the date of submission of the report--
       (A) the number of employees of the Department of 
     Agriculture, including contractors and other individuals 
     whose salary is paid in full or part by the Department; and
       (B) the number of farmers and other agricultural producers 
     in the United States that receive some form of assistance 
     from the Department.
                                 ______
                                 
  SA 3585. Mr. COBURN 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, insert the following:

     SEC. ___. EXPENDITURE OF CERTAIN FUNDS.

       None of the funds made available or authorized to be 
     appropriated by this Act or an amendment made by this Act 
     (including funds for any loan, grant, or payment under a 
     contract) may be expended for any activity relating to the 
     planning, construction, or maintenance of, travel to, or 
     lodging at a golf course, resort, or casino.
                                 ______
                                 
  SA 3586. 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 end of subtitle F of title VII, add the following:

     SEC. 7___. SENSE OF SENATE REGARDING ORGANIC RESEARCH.

       It is the sense of the Senate that--
       (1) the Secretary should recognize that sales of certified 
     organic products have been expanding by 17 to 20 percent per 
     year for more than a decade, but research and outreach 
     activities relating specifically to certified organic 
     production growth and processing of agricultural products (as 
     defined in section 2103 of the Organic Foods Production Act 
     of 1990 (7 U.S.C. 6502)) has not kept pace with this 
     expansion;
       (2) research conducted specifically on organic methods and 
     production systems benefits organic and conventional 
     producers and contributes to the strategic goals of the 
     Department of Agriculture, resulting in benefits for trade, 
     human health, the environment, and overall agricultural 
     productivity;
       (3) in order to meet the needs of the growing organic 
     sector, the Secretary should use a portion of the total 
     annual funds of the Agricultural Research Service for 
     research specific to organic food and agricultural systems 
     that is at least commensurate with the market share of the 
     organic sector of the domestic food retail market; and
       (4) the increase in funding described in paragraph (3) 
     should include funding for efforts--
       (A) to establish long-term core capacities for organic 
     research;
       (B) to assist organic farmers and farmers intending to 
     transition to organic production systems; and
       (C) to disseminate research results through the Alternative 
     Farming Systems Information Center of the National 
     Agriculture Library.
                                 ______
                                 
  SA 3587. 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:

       On page 1007, strike line 16 and insert the following:
       (T) The research, extension, and education programs 
     authorized by section 407 of the Agricultural Research, 
     Extension, and Education Reform Act of 1998 (7 U.S.C. 7627) 
     relating to the viability and competitiveness of small- and 
     medium-sized dairy, livestock, crop, and other commodity 
     operations.
       (U) Other programs, including any pro-
       On page 1036, between lines 2 and 3, insert the following:
       (d) Sense of Congress Regarding Certain Research, 
     Extension, and Education Programs.--It is the sense of 
     Congress that the Secretary should continue to allocate 
     sufficient funds under sections 401(c)(2)(F) and 407 of the 
     Agricultural Research, Extension, and Education Reform Act of 
     1998 (7 U.S.C. 7621(c)(2)(F), 7627) for research, extension, 
     and education programs relating to the viability and 
     competitiveness of small- and medium-sized dairy, livestock, 
     crop, and other commodity operations in existence on the date 
     of enactment of this Act.
                                 ______
                                 
  SA 3588. 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:

       In title I, at the end of subtitle D, insert the following:

     SEC. 1610. MODIFIED BLOC VOTING.

       (a) In General.--Notwithstanding paragraph (12) of section 
     8c of the Agricultural Adjustment Act (7 U.S.C. 608c), 
     reenacted with amendments by the Agricultural Marketing 
     Agreement Act of 1937, in the case of the referendum 
     conducted as part of the consolidation of Federal milk 
     marketing orders and related reforms under section 143 of the 
     Agricultural Market Transition Act (7 U.S.C. 7253), a 
     cooperative association of milk producers may not elect to 
     hold a vote on behalf of its members as authorized by that 
     paragraph, unless the cooperative association provides to 
     each producer, on behalf of which the cooperative association 
     is expressing approval or disapproval, at the time a producer 
     joins the cooperative association and annually thereafter, 
     written notice that contains--
       (1) information regarding the procedures by which a 
     producer may cast an individual ballot;
       (2) contact information for the milk marketing order 
     information clearinghouse described in subsection (b) and 
     procedures to be added to a notification list described in 
     subsection (c); and
       (3) information about a point of contact within the 
     cooperative association to inquire regarding the manner in 
     which the cooperative association intends to vote on behalf 
     of the membership.
       (b) Information Clearinghouse.--Each milk marketing order 
     shall establish a information clearinghouse on referendums on 
     Federal milk marketing order reform that includes--
       (1) information on procedures by which a producer may cast 
     an individual ballot;
       (2) due dates for each specific referendum;
       (3) the text of each referendum question under 
     consideration; and
       (4) a description in plain language of the question and 
     relevant background information.
       (c) Notification List for Upcoming Referendum.--Each 
     Federal milk marketing order shall--
       (1) make available the information described in subsection 
     (b) through a website; and
       (2) distribute to each producer an alert on each upcoming 
     referendum through a fax list, email distribution list, or 
     United States mail list, as elected by each producer 
     individually.
       (d) Tabulation of Ballots.--At the time at which ballots 
     from a vote under subsection (a) are tabulated by the 
     Secretary, the Secretary shall adjust the vote of a 
     cooperative association to reflect individual votes submitted 
     by producers that are members of, stockholders in, or under 
     contract with, the cooperative association.
                                 ______
                                 
  SA 3589. 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:

       Beginning on page 175, strike line 14 and all that follows 
     through page 176, line 21, and insert the following:
       (1) ensuring that the competitiveness of dairy products 
     with other competing products in the marketplace is preserved 
     and enhanced;
       (2) ensuring that dairy producers receive fair and 
     reasonable minimum prices;
       (3) enhancing the competitiveness of United States dairy 
     producers in world markets;
       (4) preventing anticompetitive behavior and ensuring that 
     dairy markets are not prone to manipulation;

[[Page S14212]]

       (5) increasing the responsiveness of the Federal milk 
     marketing order system to market forces;
       (6) streamlining and expediting the process by which 
     amendments to Federal milk market orders are adopted;
       (7) simplifying the Federal milk marketing order system;
       (8) evaluating whether the Federal milk marketing order 
     system, established during the Great Depression, continues to 
     serve the interests of the public, dairy processors, and 
     dairy producers;
       (9) evaluating whether Federal milk marketing orders are 
     operating in a manner to minimize costs to taxpayers and 
     consumers, while still maintaining a fair price for 
     producers;
       (10) evaluating the nutritional composition of milk, 
     including the potential benefits and costs of adjusting the 
     milk content standards;
       (11) evaluating the economic benefits to milk producers of 
     establishing a 2-class system of classifying milk consisting 
     of a fluid milk class and a manufacturing grade milk class, 
     with the price of both classes determined using the component 
     prices of butterfat, protein, and other solids; and
       (12) evaluating a change in advance pricing that is used to 
     calculate the advance price of Class II skim milk under 
     Federal milk marketing orders using the 4-week component 
     prices that are used to calculate prices for Class III and 
     Class IV milk.
                                 ______
                                 
  SA 3590. Mr. BOND 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 576, strike lines 13 through 17 and insert the 
     following:
       (2) in subsection (b)--
       (A) by striking ``(b) Coupons'' and inserting the 
     following:
       ``(b) Use.--
       ``(1) In general.--Benefits'';
       (B) in paragraph (1) (as designated by subparagraph (A)), 
     by striking the second proviso; and
       (C) by adding at the end the following:
       ``(2) Study.--As soon as practicable after the date of 
     enactment of this paragraph, the Comptroller General of the 
     United States shall conduct a study of the effects of the 
     Secretary issuing a rule requiring that benefits shall only 
     be used to purchase food that is included in the most recent 
     applicable thrifty food plan market basket.'';
                                 ______
                                 
  SA 3591. Mr. BOND submitted an amendment 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. 11__. FARM REGULATORY CONSIDERATION.

       (a) Definitions.--Section 601 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(9) Agricultural entity.--The term `agricultural entity' 
     means any entity engaged in any farming, ranching, or 
     forestry activity, including--
       ``(A) cultivation and tillage of soil;
       ``(B) the production of milk and milk products;
       ``(C) the production, cultivation, growing, and harvesting 
     of any agricultural or horticultural commodity;
       ``(D) the raising of livestock, bees, fur-bearing animals, 
     or poultry; and
       ``(E) any practice (including any forestry or lumbering 
     operation) performed by a producer on a farm or on a farm as 
     incident to or in conjunction with an activity described in 
     this paragraph, including--
       ``(i) preparation for market; and
       ``(ii) delivery to storage, to market, or to carriers for 
     transportation to market.''.
       (b) Regulatory Agenda.--Section 602 of that title is 
     amended--
       (1) in subsections (a)(1) and (c), by inserting ``or 
     agricultural entities'' after ``small entities'' each place 
     it appears; and
       (2) in subsection (b), by inserting ``or the Department of 
     Agriculture, as appropriate,'' after ``Administration''.
       (c) Initial Regulatory Flexibility Analysis.--Section 603 
     of that title is amended--
       (1) by inserting ``or agricultural entities'' after ``small 
     entities'' each place it appears; and
       (2) in subsection (a), in the fourth sentence, by inserting 
     ``or the Department of Agriculture, as appropriate'' after 
     ``Administration''.
       (d) Final Regulatory Flexibility Analysis.--Section 604 of 
     that title is amended by inserting ``or agricultural 
     entities'' after ``small entities'' each place it appears.
       (e) Avoidance of Duplicative or Unnecessary Analyses.--
     Section 605(b) of that title is amended--
       (1) in the first sentence, by inserting ``or agricultural 
     entities'' after ``small entities''; and
       (2) in the third sentence, by inserting ``or the Department 
     of Agriculture, as appropriate'' after ``Administration''.
       (f) Procedures for Gathering Comments.--Section 609 of that 
     title is amended--
       (1) by inserting ``or agricultural entities'' after ``small 
     entities'' each place it appears;
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``or the Department of 
     Agriculture, as appropriate,'' after ``Administration'';
       (B) in paragraph (2), by inserting ``appropriate'' before 
     ``Chief Counsel''; and
       (C) in paragraphs (3) and (4), by inserting ``appropriate'' 
     before ``Chief Counsel'' each place it appears;
       (3) in subsection (d), by inserting ``, the Department of 
     the Interior,'' after ``Agency''; and
       (4) in subsection (e), in the first sentence, by inserting 
     ``appropriate'' before ``Chief Counsel''.
       (g) Periodic Review of Rules.--Section 610 of that title is 
     amended by inserting ``or agricultural entities'' after 
     ``small entities'' each place it appears.
       (h) Judicial Review.--Section 611(a) of that title is 
     amended--
       (1) in paragraphs (1) and (3), by inserting ``or 
     agricultural entity'' after ``small entity'' each place it 
     appears; and
       (2) in paragraph (4)(B), by inserting ``or agricultural 
     entities'' after ``small entities''.
       (i) Reports and Intervention Rights.--Section 612 of that 
     title is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Monitoring and Reports.--The Chief Counsels for 
     Advocacy of the Small Business Administration and the 
     Department of Agriculture shall--
       ``(1) monitor agency compliance with this chapter; and
       ``(2) not less frequently than once each year, submit a 
     report describing the results of the monitoring conducted 
     under paragraph (1) to--
       ``(A) the President;
       ``(B) the Committees on Agriculture, the Judiciary, and 
     Small Business of the House of Representatives; and
       ``(C) the Committees on Agriculture, Nutrition, and 
     Forestry, the Judiciary, and Small Business and 
     Entrepreneurship of the Senate.'';
       (2) in subsection (b)--
       (A) in the first sentence, by inserting ``or the Department 
     of Agriculture'' after ``Administration''; and
       (B) in the second sentence, by inserting ``or agricultural 
     entities'' after ``small entities'' each place it appears; 
     and
       (3) in subsection (c), by inserting ``or the Department of 
     Agriculture'' after ``Administration''.
       (j) Office of Advocacy of Department of Agriculture.--
     Chapter 6 of part I of title 5, United States Code, is 
     amended by adding at the end the following:

     ``Sec. 613. Office of Advocacy of Department of Agriculture

       ``(a) Establishment.--There is established in the 
     Department of Agriculture an Office of Advocacy (referred to 
     in this section as the `Office').
       ``(b) Chief Counsel.--The Office shall be directed by the 
     Chief Counsel for Advocacy of the Department of Agriculture, 
     who--
       ``(1) shall be appointed by the President, by and with the 
     advice and consent of the Senate; and
       ``(2) shall not be an employee of any Federal department or 
     agency on the day before the date of appointment.
       ``(c) Duties.--The Chief Counsel of the Office shall--
       ``(1) examine--
       ``(A) the role of agriculture in the United States economy; 
     and
       ``(B) the contribution made by agricultural entities in 
     improving the economy;
       ``(2)(A) measure the direct costs and other effects of 
     regulation of agricultural entities; and
       ``(B) make recommendations (including recommendations 
     relating to proposed legislation) for eliminating excessive 
     or unnecessary regulation of agricultural entities;
       ``(3)(A) determine the impact of applicable tax structure 
     on agricultural entities; and
       ``(B) make recommendations (including recommendations 
     relating to proposed legislation) for modifying the tax 
     structure to enhance the ability of agricultural entities to 
     contribute to the United States economy;
       ``(4) study the ability of financial markets and 
     institutions to meet the credit needs of agricultural 
     entities and determine the impact of demands for credit by 
     the Federal Government on agricultural entities;
       ``(5) evaluate the efforts of Federal departments and 
     agencies, businesses, and industry to assist minority-owned 
     agricultural entities;
       ``(6) make other appropriate recommendations to assist the 
     development of minority-owned and other agricultural 
     entities;
       ``(7) recommend specific measures for creating an 
     environment in which all agricultural entities will have the 
     opportunity to compete effectively and fulfill potential and 
     determine the reasons, if any, for successes and failures of 
     agricultural entities; and
       ``(8) evaluate the programs of each Federal department and 
     agency, and of private industry, to assist agricultural 
     entities owned and controlled by veterans (including service-
     disabled veterans)--
       ``(A) to provide statistics regarding use of the programs 
     by those agricultural entities; and
       ``(B) to provide appropriate recommendations to the 
     Secretary of Agriculture and

[[Page S14213]]

     Congress in order to promote the establishment and growth of 
     those agricultural entities.
       ``(d) Additional Responsibilities.--In addition to the 
     duties described in subsection (c), the Chief Counsel shall, 
     on a continuing basis--
       ``(1) serve as a focal point for the receipt of complaints, 
     criticism, and suggestions concerning the policies and 
     activities of Federal departments and agencies that affect 
     agricultural entities;
       ``(2) advise agricultural entities on methods of resolving 
     issues relating to the relationship of the agricultural 
     entity with the Federal Government;
       ``(3) develop proposals for modifications to the policies 
     and activities of any Federal department or agency to advance 
     the purposes of agricultural entities;
       ``(4) represent the interests of agricultural entities to 
     other Federal departments and agencies the policies and 
     activities of which may affect agricultural entities; and
       ``(5) solicit assistance from public and private agencies, 
     businesses, and other organizations in disseminating 
     information on--
       ``(A) the programs and services provided by the Federal 
     Government to benefit agricultural entities; and
       ``(B) methods by which agricultural entities can 
     participate in or otherwise benefit from those programs and 
     services.''.
                                 ______
                                 
  SA 3592. Mr. DOMENICI 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 1362, between lines 19 and 20, insert the 
     following:

     SEC. 1107__. CONVEYANCE OF LAND TO CHIHUAHUAN DESERT NATURE 
                   PARK.

       (a) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Chihuahuan Desert 
     Nature Park Board.
       (2) Nature park.--The term ``Nature Park'' means the 
     Chihuahuan Desert Nature Park, Inc., a nonprofit corporation 
     in the State of New Mexico.
       (b) Conveyance of Land.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, subject to valid existing rights and 
     subsection (c), the Secretary shall convey to the Nature 
     Park, by quitclaim deed, for no consideration, all right, 
     title, and interest of the United States in and to the land 
     described in paragraph (2)
       (2) Description of land.--
       (A) In general.--The parcel of land referred to in 
     paragraph (1) consists of the approximately 935.62 acres of 
     land in Dona Ana County, New Mexico, which is more 
     particularly described--
       (i) as sections 17, 20, and 21 of T. 21 S., R. 2 E., 
     N.M.P.M.; and
       (ii) in an easement deed dated May 14, 1998, from the 
     Department of Agriculture to the Nature Park.
       (B) Modifications.--The Secretary may modify the 
     description of the land under subparagraph (A) to--
       (i) correct errors in the description; or
       (ii) facilitate management of the land.
       (c) Conditions.--The conveyance of land under subsection 
     (b) shall be subject to--
       (1) the reservation by the United States of all mineral and 
     subsurface rights to the land, including any geothermal 
     resources;
       (2) the condition that the Board pay any costs relating to 
     the conveyance;
       (3) any rights-of-way reserved by the Secretary;
       (4) a covenant or restriction in the deed to the land 
     requiring that--
       (A) the land may be used only for educational or scientific 
     purposes; and
       (B) if the land is no longer used for the purposes 
     described in subparagraph (A), the land may, at the 
     discretion of the Secretary, revert to the United States in 
     accordance with subsection (d); and
       (5) any other terms and conditions that the Secretary 
     determines to be appropriate.
       (d) Reversion.--If the land conveyed under subsection (b) 
     is no longer used for the purposes described in subsection 
     (c)(4)(A)--
       (1) the land may, at the discretion of the Secretary, 
     revert to the United States; and
       (2) if the Secretary chooses to have the land revert to the 
     United States, the Secretary shall--
       (A) determine whether the land is environmentally 
     contaminated, including contamination from hazardous wastes, 
     hazardous substances, pollutants, contaminants, petroleum, or 
     petroleum by-products; and
       (B) if the Secretary determines that the land is 
     environmentally contaminated, the Nature Park, the successor 
     to the Nature Park, or any other person responsible for the 
     contamination shall be required to remediate the 
     contamination.
       (e) Withdrawal.--All federally owned mineral and subsurface 
     rights to the land described in subsection (b)(2) are 
     withdrawn from--
       (1) location, entry, and patent under the mining laws; and
       (2) the operation of the mineral leasing laws, including 
     the geothermal leasing laws.
       (f) Water Rights.--Nothing in this section authorizes the 
     conveyance of water rights to the Nature Park.
                                 ______
                                 
  SA 3593. Mr. DORGAN (for himself and Mr. Brownback) 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 1401, line 21, insert ``materially participating in 
     the production of agricultural or horticultural commodities 
     described in subparagraph (A) or individuals'' after 
     ``individuals''.
       On page 1402, line 2, insert ``materially participating in 
     the production of agricultural or horticultural commodities 
     described in subparagraph (A) or individuals'' after 
     ``individuals''.
       On page 1402, line 6, insert ``before, on, or'' after 
     ``made''.
                                 ______
                                 
  SA 3594. Mr. DORGAN (for himself and Mr. Brownback) 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 1401, line 21, insert ``materially participating in 
     the production of agricultural or horticultural commodities 
     described in subparagraph (A) or individuals'' after 
     ``individuals''.
       On page 1402, line 2, insert ``materially participating in 
     the production of agricultural or horticultural commodities 
     described in subparagraph (A) or individuals'' after 
     ``individuals''.
                                 ______
                                 
  SA 3595. Mr. SANDERS 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 842, between line 13 and 14, insert the following:

     SEC. 6034. PUBLIC HEARINGS UPON APPLICATIONS FOR CERTAIN 
                   TRANSACTIONS BY TELECOMMUNICATIONS PROVIDERS.

       (a) Concentration of Wireless Market.--
       (1) In general.--If a wireless telephone service 
     acquisition, merger, or license transfer would result in 70 
     percent or more of the wireless customers living in the rural 
     area of a State having their wireless telephone service 
     provided by 1 wireless telephone service provider, then the 
     Secretary of Agriculture, acting through the Office of Rural 
     Development and the Rural Development Telecommunications 
     Program, shall hold at least 3 public hearings in 
     geographically diverse rural areas of that State to discuss 
     the impact of the proposed acquisition, merger, or transfer 
     on the economic development and competitiveness of that 
     State.
       (2) FCC responsibility.--The Federal Communications 
     Commission shall be responsible for notifying the Secretary 
     of Agriculture upon its receipt of an application for an 
     acquisition, merger, or license transfer that satisfies the 
     concentration requirement under paragraph (1).
       (b) Hearings.--
       (1) In general.--The public hearings required under 
     subsection (a) shall be held at such times and such locations 
     so as to allow the broadest segment of the population of a 
     State to attend.
       (2) Notice to the public.--The Secretary of Agriculture 
     shall provide at least 90 days notice to the public of the 
     time and place of such hearings, including by--
       (A) publishing such notice--
       (i) on the website of the Department of Agriculture; and
       (ii) in popular circulated newspapers and other written 
     publications in the State; and
       (B) broadcasting such notice on local radio and television 
     stations serving the State.
       (3) Commencement of notice timelines.--Notice of such 
     hearings shall be given after a posting of a Public Notice by 
     the Federal Communications Commission of its receipt of an 
     application for an acquisition, merger, or license transfer 
     that satisfies the concentration requirement under subsection 
     (a)(1).
       (c) Report.--Not later than 180 days after the final 
     hearing required under subsection (a), the Secretary of 
     Agriculture shall submit a report to the Federal 
     Communications Commission--
       (1) describing the issues, concerns, and comments raised 
     and discussed at the public hearings required under 
     subsection (a); and
       (2) on the impact of the proposed acquisition, merger, or 
     transfer on the rural areas of the State, including an 
     examination of the impact such acquisition, merger, or 
     transfer will have on the economic development and 
     competitiveness of the State.
       (d) FCC Consideration.--The Federal Communications 
     Commission shall consider the report submitted under 
     subsection (c) as part of its evaluation of any wireless 
     telephone service acquisition, merger, or license transfer 
     and shall take action, if any, on that acquisition, merger, 
     or license transfer only after receipt of such report.
       (e) Definitions.--In this section, the following 
     definitions shall apply:

[[Page S14214]]

       (1) Rural area.--The term ``rural area'' has the same 
     meaning given the term in section 343(a)(13)(C) of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 
     1991(a)(13)(C)).
       (2) State.--The term ``State'' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.
       (3) Wireless telephone services.--The term ``wireless 
     telephone services'' has the same meaning given the term 
     ``commercial mobile radio services'' as such term is defined 
     in section 332(c) of the Communications Act of 1934 (47 
     U.S.C. 332(c)).
       (4) Wireless telephone service provider.--The term 
     ``wireless telephone service provider'' means any entity that 
     provides wireless telephone service.
                                 ______
                                 
  SA 3596. Mr. SESSIONS 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 1557, between lines 14 and 15, insert the 
     following:

     SEC. 12410. FARM SAVINGS ACCOUNTS.

       (a) In General.--Part VI of subchapter B of chapter 1 
     (relating to itemized deductions for individuals and 
     corporations) is amended by inserting after section 199 the 
     following new section:

     ``SEC. 200. FARM SAVINGS ACCOUNTS.

       ``(a) Deduction Allowed.--In the case of a qualified 
     farmer, there shall be allowed as a deduction for the taxable 
     year an amount equal to the aggregate amount paid in cash 
     during such taxable year by or on behalf of such taxpayer to 
     a farm savings account of such taxpayer.
       ``(b) Minimum Contribution Requirement.--A deduction shall 
     not be allowed under subsection (a) for the taxable year with 
     respect to a taxpayer if, during such taxable year, the 
     aggregate amount contributed by such taxpayer to farm savings 
     accounts of the taxpayer is not equal to at least 2 percent 
     of the taxpayer's 3-year average of income derived from 
     farming or ranching.
       ``(c) Account Balance Limitation.--A deduction shall not be 
     allowed under subsection (a) with respect to any portion of a 
     contribution to a farm savings account of a taxpayer if such 
     contribution would result in the sum of the balances in all 
     such accounts of such taxpayer to exceed 150 percent of the 
     taxpayer's 3-year average of income derived from farming or 
     ranching.
       ``(d) Qualified Farmer.--For purposes of this section, the 
     term `qualified farmer' means, with respect to any taxable 
     year, any entity or individual who, during such year--
       ``(1) was engaged in the trade or business of farming or 
     ranching,
       ``(2) has in effect an agreement with the Secretary of 
     Agriculture under section 523(f) of the Federal Crop 
     Insurance Act to accept contributions under this section in 
     lieu of--
       ``(A) receiving, after the expiration of any transition 
     period applicable to the taxpayer under subsection (g)(2), 
     any Federal subsidy toward the premium of any crop insurance 
     policy (other than catastrophic risk protection under section 
     508(b) of the Federal Crop Insurance Act), or
       ``(B) obtaining noninsured crop disaster assistance under 
     section 196 of the Federal Agriculture Improvement and Reform 
     Act of 1996 (7 U.S.C. 7333), and
       ``(3) has--
       ``(A) in the case of insurable commodities, at least 
     catastrophic risk protection provided under section 508(b) of 
     the Federal Crop Insurance Act (7 U.S.C. 1508(b)), or similar 
     coverage, and
       ``(B) in the case of noninsurable commodities, coverage 
     under the noninsured crop assistance program under section 
     196 of the Federal Agriculture Improvement and Reform Act.
       ``(e) Farm Savings Account.--For purposes of this section--
       ``(1) In general.--The term `farm savings account' means a 
     trust created or organized in the United States as a farm 
     savings account exclusively for the purpose of making 
     qualified distributions, but only if the written governing 
     instrument creating the trust meets the following 
     requirements:
       ``(A) No contribution will be accepted unless it is in 
     cash.
       ``(B) The trustee is a bank (as defined in section 408(n)) 
     or another person who demonstrates to the satisfaction of the 
     Secretary that the manner in which such person will 
     administer the trust will be consistent with the requirements 
     of this section.
       ``(C) The assets of the trust will be invested in 
     securities issued by the United States Treasury or in such 
     other low-risk interest-bearing securities as are approved by 
     the Secretary.
       ``(D) The assets of the trust will not be commingled with 
     other property except in a common trust fund or common 
     investment fund.
       ``(E) The interest of a taxpayer in the balance in his 
     account is nonforfeitable.
       ``(2) Qualified distribution.--The term `qualified 
     distribution' means any amount paid from a farm savings 
     account to the account beneficiary to the extent that such 
     amount when added to all other amounts paid from such 
     accounts to such beneficiary during the taxable year (other 
     than rollover contributions) does not exceed the excess (if 
     any) of--
       ``(A) 80 percent of such beneficiary's 3-year average of 
     income derived from farming or ranching, over
       ``(B) such beneficiary's gross income derived from farming 
     or ranching for the taxable year.
       ``(3) 3-year average of income derived from farming or 
     ranching.--The term `3-year average of income derived from 
     farming or ranching' means, with respect to any taxpayer--
       ``(A) the sum of the taxpayer's gross income derived from 
     farming or ranching for the taxable year and the 2 preceding 
     taxable years, divided by
       ``(B) the number of taxable years taken into account under 
     clause (i) during which such taxpayer was engaged in the 
     trade or business of farming or ranching.
       ``(4) Account beneficiary.--The term `account beneficiary' 
     means the taxpayer on whose behalf the farm savings account 
     was established.
       ``(5) Special rules.--
       ``(A) Federal contributions.--For purposes of this title, 
     any amount paid to a farm savings account by the Secretary of 
     Agriculture under subsection (g) shall be included in the 
     account beneficiary's gross income in the taxable year for 
     which the amount was contributed, whether or not a deduction 
     for such payment is allowable under this section to the 
     beneficiary.
       ``(B) Other rules.--Rules similar to the following rules 
     shall apply for purposes of this section:
       ``(i) Section 219(d)(2) (relating to no deduction for 
     rollovers).
       ``(ii) Section 219(f)(3) (relating to time when 
     contributions deemed made).
       ``(iii) Section 408(g) (relating to community property 
     laws).
       ``(iv) Section 408(h) (relating to custodial accounts).
       ``(f) Tax Treatment of Accounts.--
       ``(1) In general.--A farm savings account is exempt from 
     taxation under this subtitle unless such account has ceased 
     to be a farm savings account. Notwithstanding the preceding 
     sentence, any such account is subject to the taxes imposed by 
     section 511 (relating to imposition of tax on unrelated 
     business income of charitable, etc. organizations).
       ``(2) Termination of accounts.--If the account beneficiary 
     ceases to engage in the trade or business of farming or 
     ranching, such trade or business becomes covered under any 
     crop insurance policy for which a premium subsidy is paid by 
     the Secretary of Agriculture (other than catastrophic risk 
     protection under section 508(b) of the Federal Crop Insurance 
     Act), or the account beneficiary seeks noninsured crop 
     disaster assistance under section 196 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7333)--
       ``(A) all farm savings accounts of such taxpayer shall 
     cease to be such accounts, and
       ``(B) the balance of all such accounts shall be treated 
     as--
       ``(i) distributed to such taxpayer, and
       ``(ii) not paid in a qualified distribution.
       ``(g) Federal Contribution to Accounts.--
       ``(1) Contributions required.--Using amounts in the 
     insurance fund established under section 516(c) of the 
     Federal Crop Insurance Act (7 U.S.C. 1516(c)), the Secretary 
     of Agriculture shall match the contributions made for a 
     taxable year to farm savings accounts of a taxpayer who has 
     entered into the agreement with the Secretary required by 
     subsection (d)(2) in an aggregate amount equal to the lesser 
     of--
       ``(A) the amount of any premium that would be paid by the 
     Federal Crop Insurance Corporation under section 508(e) of 
     the Federal Crop Insurance Act (but for the agreement with 
     the Secretary of Agriculture under subsection (d)(2)), or
       ``(B) 2 percent of the taxpayer's 3-year average of income 
     derived from farming or ranching.
       ``(2) Transition periods.--Notwithstanding paragraph (1), 
     during the first 3 taxable years for which the Secretary of 
     Agriculture makes contributions under such paragraph to farm 
     savings accounts of a taxpayer and during the first 3 taxable 
     years following any taxable year during which there occurs a 
     qualified distribution from a farm savings account of the 
     taxpayer, the amount contributed by the Secretary may not 
     exceed--
       ``(A) for the first taxable year, 25 percent of the amount 
     the Secretary would otherwise contribute under paragraph (1) 
     for that taxable year,
       ``(B) for the second taxable year, 50 percent of the amount 
     the Secretary would otherwise contribute under paragraph (1) 
     for that taxable year, and
       ``(C) for the third taxable year, 75 percent of the amount 
     the Secretary would otherwise contribute under paragraph (1) 
     for that taxable year.
       ``(3) Crop insurance coverage.--
       ``(A) In general.--During any transition period applicable 
     to a taxpayer under paragraph (2), the taxpayer would be 
     covered with any claim at the same level of coverage 
     purchased, but subject to the condition that any claim would 
     first use amounts in the farm savings accounts of a taxpayer 
     before conventional crop insurance would make any payment, if 
     necessary.
       ``(B) Catastrophic coverage.--If a taxpayer with a farm 
     savings account would be

[[Page S14215]]

     covered under catastrophic risk protection under section 
     508(b) of the Federal Crop Insurance Act or under the 
     noninsured crop assistance program under section 196 of the 
     Federal Agriculture Improvement and Reform Act, such taxpayer 
     shall be covered with respect to such claim under such 
     protection or program, but subject to the condition that any 
     claim would first use amounts in the farm savings accounts of 
     a taxpayer before any payment was made with respect to such 
     claim.
       ``(h) Tax Treatment of Distributions.--
       ``(1) In general.--Any amount paid or distributed out of a 
     farm savings account (other than a rollover contribution 
     described in paragraph (4)) shall be included in gross 
     income.
       ``(2) Additional tax on non-qualified distributions.--
       ``(A) In general.--The tax imposed by this chapter on the 
     account beneficiary for any taxable year in which there is a 
     payment or distribution from a farm savings account of such 
     beneficiary which is not a qualified distribution shall be 
     increased by 15 percent of the amount of such payment or 
     distribution which is not a qualified distribution.
       ``(B) Exception for disability or death.--Subparagraph (A) 
     shall not apply if the payment or distribution is made after 
     the account beneficiary becomes disabled within the meaning 
     of section 72(m)(7) or dies.
       ``(3) Excess contributions returned before due date of 
     return.--
       ``(A) In general.--If any excess contribution is 
     contributed for a taxable year to a farm savings account of a 
     taxpayer, paragraph (2) shall not apply to distributions from 
     the farm savings accounts of such taxpayer (to the extent 
     such distributions do not exceed the aggregate excess 
     contributions to all such accounts of such taxpayer for such 
     year) if--
       ``(i) such distribution is received by the taxpayer on or 
     before the last day prescribed by law (including extensions 
     of time) for filing such taxpayer's return for such taxable 
     year, and
       ``(ii) such distribution is accompanied by the amount of 
     net income attributable to such excess contribution.
     Any net income described in clause (ii) shall be included in 
     the gross income of the taxpayer for the taxable year in 
     which it is received.
       ``(B) Excess contribution.--For purposes of subparagraph 
     (A), the term `excess contribution' means any contribution 
     (other than a rollover contribution) which is not deductible 
     under this section.
       ``(4) Rollover contribution.--An amount is described in 
     this paragraph as a rollover contribution if it meets the 
     requirements of subparagraphs (A) and (B).
       ``(A) In general.--For purposes of this section, any amount 
     paid or distributed from a farm savings account to the 
     account beneficiary shall be treated as a qualified 
     distribution to the extent the amount received is paid into a 
     farm savings account for the benefit of such beneficiary not 
     later than the 60th day after the day on which the 
     beneficiary receives the payment or distribution.
       ``(B)  Limitation.--This paragraph shall not apply to any 
     amount described in subparagraph (A) received by a taxpayer 
     from a farm savings account if, at any time during the 1-year 
     period ending on the day of such receipt, such taxpayer 
     received any other amount described in subparagraph (A) from 
     a farm savings account which was not included in the 
     taxpayer's gross income because of the application of this 
     paragraph.
       ``(5) Transfer of account incident to divorce.--The 
     transfer of an individual's interest in a farm savings 
     account to an individual's spouse or former spouse under a 
     divorce or separation instrument described in subparagraph 
     (A) of section 71(b)(2) shall not be considered a taxable 
     transfer made by such individual notwithstanding any other 
     provision of this subtitle, and such interest shall, after 
     such transfer, be treated as a farm savings account with 
     respect to which such spouse is the account beneficiary.
       ``(6) Treatment after death of account beneficiary.--
       ``(A)  Treatment if designated beneficiary is spouse.--If 
     the account beneficiary's surviving spouse acquires such 
     beneficiary's interest in a farm savings account by reason of 
     being the designated beneficiary of such account at the death 
     of the account beneficiary, such farm savings account shall 
     be treated as if the spouse were the account beneficiary.
       ``(B) Other cases.--
       ``(i) In general.--If, by reason of the death of the 
     account beneficiary, any person acquires the account 
     beneficiary's interest in a farm savings account in a case to 
     which subparagraph (A) does not apply--

       ``(I) such account shall cease to be a farm savings account 
     as of the date of death, and
       ``(II) an amount equal to the fair market value of the 
     assets in such account on such date shall be included if such 
     person is not the estate of such beneficiary, in such 
     person's gross income for the taxable year which includes 
     such date, or if such person is the estate of such 
     beneficiary, in such beneficiary's gross income for the last 
     taxable year of such beneficiary.

       ``(ii) Deduction for estate taxes.--An appropriate 
     deduction shall be allowed under section 691(c) to any person 
     (other than the decedent or the decedent's spouse) with 
     respect to amounts included in gross income under clause (i) 
     by such person.
       ``(i) Reports.--The Secretary may require the trustee of a 
     farm savings account to make such reports regarding such 
     account to the Secretary and to the account beneficiary with 
     respect to contributions, distributions, and such other 
     matters as the Secretary determines appropriate. The reports 
     required by this subsection shall be filed at such time and 
     in such manner and furnished to such taxpayers at such time 
     and in such manner as may be required by the Secretary.''.
       (b) Deduction Allowed Whether or Not Taxpayer Itemizes 
     Other Deductions.--Subsection (a) of section 62, as amended 
     by this Act, is amended by inserting after paragraph (22) the 
     following new paragraph:
       ``(23) Farm savings accounts.--The deduction allowed by 
     section 200.''.

       (c) Tax on Excess Contributions.--Section 4973 (relating to 
     tax on excess contributions to certain tax-favored accounts 
     and annuities) is amended--
       (1) by striking ``or'' at the end of subsection (a)(4), by 
     inserting ``or'' at the end of subsection (a)(5), and by 
     inserting after subsection (a)(5) the following new 
     paragraph:
       ``(6) a farm savings account (within the meaning of section 
     200(e)),'', and
       (2) by adding at the end the following new subsection:
       ``(h) Excess Contributions to Farm Savings Accounts.--For 
     purposes of this section, in the case of farm savings 
     accounts (within the meaning of section 200(e)), the term 
     `excess contribution' means the sum of--
       ``(1) the aggregate amount contributed for the taxable year 
     to the accounts (other than rollover contributions described 
     in section 200(h)(4)) which is not allowable as a deduction 
     under section 200 for such year, and
       ``(2) the amount determined under this subsection for the 
     preceding taxable year, reduced by the sum of--
       ``(A) the distributions out of the accounts with respect to 
     which additional tax was imposed under section 200(h)(2), and
       ``(B) the excess (if any) of--
       ``(i) the maximum amount allowable as a deduction under 
     section 200(c) for the taxable year, over
       ``(ii) the amount contributed to the accounts for the 
     taxable year.
     For purposes of this subsection, any contribution which is 
     distributed out of the farm savings account in a distribution 
     to which section 200(h)(3) applies shall be treated as an 
     amount not contributed.''.
       (d) Tax on Prohibited Transactions.--
       (1) Section 4975(c) (relating to tax on prohibited 
     transactions) is amended by adding at the end the following 
     new paragraph:
       ``(7) Special rule for farm savings accounts.--An taxpayer 
     for whose benefit a farm savings account (within the meaning 
     of section 200(e)) is established shall be exempt from the 
     tax imposed by this section with respect to any transaction 
     concerning such account (which would otherwise be taxable 
     under this section) if, with respect to such transaction, the 
     account ceases to be a farm savings account by reason of the 
     application of section 200(f)(2) to such account.''.
       (2) Section 4975(e)(1) of such Code is amended by 
     redesignating subparagraphs (F) and (G) as subparagraphs (G) 
     and (H), respectively, and by inserting after subparagraph 
     (E) the following new subparagraph:
       ``(F) a farm savings account described in section 
     200(e),''.
       (e) Failure to Provide Reports on Farm Savings Accounts.--
     Section 6693(a)(2) (relating to reports) is amended by 
     redesignating subparagraphs (D) and (E) as subparagraphs (E) 
     and (F), respectively, and by inserting after subparagraph 
     (C) the following new subparagraph:
       ``(D) section 200(i) (relating to farm savings 
     accounts),''.
       (f) Clerical Amendment.--The table of sections for part VI 
     of subchapter B of chapter 1 is amended by inserting after 
     the item relating to section 199 the following new item:
``Sec. 200. Farm savings accounts.''.
       (g) Conforming Amendments to Federal Crop Insurance Act.--
       (1) Establishment of pilot program; payment of portion of 
     premium by federal crop insurance corporation.--Section 
     523(e) of the Federal Crop Insurance Act (7 U.S.C. 1523(e)) 
     is amended by adding at the end the following new subsection:
       ``(f) Farm Savings Account Pilot Program.--
       ``(1) In general.--The Secretary shall establish a pilot 
     program under which the Secretary enters into agreements with 
     producers to receive contributions to farm savings accounts 
     established under section 200 of the Internal Revenue Code of 
     1986 in lieu of--
       ``(A) receiving, after the expiration of any transition 
     period applicable to the producer under paragraph (2), any 
     Federal subsidy toward the premium of any crop insurance 
     policy, or
       ``(B) obtaining noninsured crop disaster assistance under 
     section 196 of the Federal Agriculture Improvement and Reform 
     Act of 1996 (7 U.S.C. 7333).
       ``(2) Limitations on enrollment.--
       ``(A) In general.--The Secretary shall enroll not more than 
     20,000 producers under the pilot program established under 
     paragraph (1).
       ``(B) Date.--The Secretary shall not enroll any producer in 
     the pilot program established under paragraph (1) after 
     September 30, 2012.

[[Page S14216]]

       ``(3) Transition to farm savings accounts.--If a producer 
     enters into an agreement under paragraph (1) to forgo any 
     Federal subsidy toward the premium of any crop insurance 
     policy (other than catastrophic risk protection under section 
     508(b)) in exchange for contributions by the Secretary to a 
     farm savings account of the producer, then, in connection 
     with the purchase of any crop insurance policy (other than 
     catastrophic risk protection under section 508(b)) during the 
     first 3 taxable years for which the Secretary makes 
     contributions under 200(g) of the Internal Revenue Code of 
     1986 to a farm savings account of the producer, the amount of 
     the premium to be paid by the Corporation under section 
     508(e) for such insurance policy shall be equal to--
       ``(A) for the first taxable year, 75 percent of the amount 
     of the premium that would otherwise be paid by the 
     Corporation under section 508(e);
       ``(B) for the second taxable year, 50 percent of the amount 
     of the premium that would otherwise be paid by the 
     Corporation under section 508(e); and
       ``(C) for the third taxable year, 25 percent of the amount 
     of the premium that would otherwise be paid by the 
     Corporation under section 508(e).
       ``(4) Crop insurance coverage.--
       ``(A) In general.--During the transition period applicable 
     to a producer under paragraph (3), the producer would be 
     covered with any claim at the same level of coverage 
     purchased, but subject to the condition that any claim would 
     first use amounts in the farm savings accounts of a producer 
     before conventional crop insurance would make any payment, if 
     necessary.
       ``(B) Catastrophic coverage.--If a producer with a farm 
     savings account would be covered under catastrophic risk 
     protection under section 508(b) of the Federal Crop Insurance 
     Act or under the noninsured crop assistance program under 
     section 196 of the Federal Agriculture Improvement and Reform 
     Act, such producer shall be covered with respect to such 
     claim under such protection or program, but subject to the 
     condition that any claim would first use amounts in the farm 
     savings accounts of a producer before any payment was made 
     with respect to such claim.''.
       (2) Funding source.--Section 516(b) of such Act (7 U.S.C. 
     1516(b)) is amended by adding at the end the following new 
     paragraph:
       ``(3) Contributions to farm savings accounts.--The 
     Secretary shall use the insurance fund established under 
     subsection (c) to make required contributions to farm savings 
     accounts established under section 200 of the Internal 
     Revenue Code of 1986 in accordance with section 523(f).''.
       (h) Conforming Amendment to Agricultural Market Transition 
     Act.--Section 196(i) of the Federal Agriculture Improvement 
     and Reform Act of 1996 (7 U.S.C. 7333) is amended by adding 
     at the end the following new paragraph:
       ``(6) Coordination with farm savings account pilot 
     program.--No person who has entered into an agreement with 
     the Secretary under the farm savings account pilot program 
     under section 523(f) of the Federal Crop Insurance Act shall 
     be eligible to receive any noninsured assistance payment 
     under this section.''.
       (i) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

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