[Congressional Record Volume 153, Number 177 (Thursday, November 15, 2007)]
[Senate]
[Pages S14502-S14567]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3679. Mr. KENNEDY 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:

[[Page S14503]]

     SEC. __. CHILDHOOD OBESITY STUDY.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that there needs to be a coordinated effort to understand the 
     various factors which impact childhood obesity including the 
     effect of the subsidization of commodities on Federal 
     nutrition programs as well as the role of marketing in 
     childhood obesity.
       (b) Study.--
       (1) In general.--The Government Accountability Office 
     shall--
       (A) conduct a study to assess the effect of Federal 
     nutrition assistance programs and agricultural policies on 
     the prevention of childhood obesity, and prepare a report on 
     the results of such study that shall include a description 
     and evaluation of the content and impact of Federal 
     agriculture subsidy and commodity programs and policies as 
     such relate to Federal nutrition programs;
       (B) make recommendations to guide or revise Federal 
     policies for ensuring access to nutritional foods in Federal 
     nutrition assistance programs; and
       (C) complete the activities provided for under this section 
     not later than 18 months after the date of enactment of this 
     section.
       (2) Institute of medicine study.--
       (A) In general.--Not later than 6 months after the date of 
     enactment of this section, the Secretary of Health and Human 
     Services shall request that the Institute of Medicine (or 
     similar organization) conduct a study and make 
     recommendations on guidelines for nutritional food and 
     physical activity advertising and marketing to prevent 
     childhood obesity. In conducting such study the Institute of 
     Medicine shall--
       (i) evaluate children's advertising and marketing 
     guidelines and evidence-based literature relating to the 
     impact of advertising on nutritional foods and physical 
     activity in children and youth; and
       (ii) make recommendations on national guidelines for 
     advertising and marketing practices relating to children and 
     youth that--

       (I) reduce the exposure of children and youth to 
     advertising and marketing of foods of poor or minimal 
     nutritional value and practices that promote sedentary 
     behavior; and
       (II) increase the number of media messages that promote 
     physical activity and sound nutrition.

       (B) Guidelines.--Not later than 2 years after the date of 
     enactment of this section, the Institute of Medicine shall 
     submit to the appropriate committees of Congress the final 
     report concerning the results of the study, and making the 
     recommendations, required under this paragraph.
                                 ______
                                 
  SA 3680. Mr. CARDIN (for himself and Mr. Casey) submitted an 
amendment intended to be proposed to amendment SA 3609 submitted by Mr. 
Casey (for himself and Mr. Cardin) and intended to be proposed to the 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 1 of the amendment, strike line 4 and insert the 
     following:
       (a) Savings.--Any savings realized by the amendment made by 
     subsection (b) shall be used by the Secretary to provide 
     matching funds under section 524(b)(4)(C) of the Federal Crop 
     Insurance Act (7 U.S.C. 1524(b)(4)(C) (as added by section 
     1921).
       (b) Enterprise and Whole Farm Units.--Section 508(e) of the 
     Federal Crop Insurance Act (7
                                 ______
                                 
  SA 3681. Mr. CARDIN (for himself and Ms. Mikulski) 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 D of title VII, add the following:

     SEC. 73__. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.

       Title III of the Department of Agriculture Reorganization 
     Act of 1994 is amended by adding after section 309 (as added 
     by section 7402) the following:

     ``SEC. 310. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.

       ``(a) Establishment.--To enhance the use of real property 
     administered by agencies of the Department, the Secretary may 
     establish a pilot program, in accordance with this section, 
     at the Henry A. Wallace Beltsville Agricultural Research 
     Center of the Agricultural Research Service and the National 
     Agricultural Library to lease property of the Center or the 
     Library to any individual or entity, including agencies or 
     instrumentalities of State or local governments.
       ``(b) Requirements.--
       ``(1) In general.--Notwithstanding chapter 5 of subtitle I 
     of title 40, United States Code, the Secretary may lease real 
     property at the Beltsville Agricultural Research Center or 
     the National Agricultural Library in accordance with such 
     terms and conditions as the Secretary may prescribe, if the 
     Secretary determines that the lease--
       ``(A) is consistent with, and will not adversely affect, 
     the mission of the Department agency administering the 
     property;
       ``(B) will enhance the use of the property;
       ``(C) will not permit any portion of Department agency 
     property or any facility of the Department to be used for 
     retail, wholesale, commercial, or residential development;
       ``(D) will not provide authority for the development or 
     improvement of any new property or facility by any Department 
     agency; and
       ``(E) will not include any property or facility required 
     for any Department agency purpose without prior written 
     authority.
       ``(2) Term.--The term of the lease under this section shall 
     not exceed 50 years.
       ``(3) Consideration.--
       ``(A) In general.--Consideration provided for a lease under 
     this section shall be--
       ``(i) in an amount equal to fair market value, as 
     determined by the Secretary; and
       ``(ii) in the form of cash.
       ``(B) Use of funds.--
       ``(i) In general.--Consideration provided for a lease under 
     this section shall be--

       ``(I) deposited in a capital asset account to be 
     established by the Secretary; and
       ``(II) available until expended, without further 
     appropriation, for maintenance, capital revitalization, and 
     improvements of the Department properties and facilities 
     covered by the lease.

       ``(ii) Budgetary treatment.--For purposes of the budget, 
     the amounts described in clause (i) shall not be treated as a 
     receipt of any Department agency or any other agency leasing 
     property under this section.
       ``(4) Costs.--The lessee shall cover all costs associated 
     with a lease under this section, including the cost of--
       ``(A) the project to be carried out on property or at a 
     facility covered by the lease;
       ``(B) provision and administration of the lease;
       ``(C) construction of any applicable real property;
       ``(D) provision of applicable utilities; and
       ``(E) any other facility cost normally associated with the 
     operation of a leased facility.
       ``(5) Prohibition of use of appropriations.--The Secretary 
     shall not use any funds made available to the Secretary in an 
     appropriations Act for the construction or operating costs of 
     any property or facility covered by a lease under this 
     section.
       ``(c) Effect of Other Laws.--
       ``(1) Utilization.--Property that is leased pursuant to 
     this section shall not be considered to be unutilized or 
     underutilized for purposes of section 501 of the Stewart B. 
     McKinney Homeless Assistance Act (42 U.S.C. 11411).
       ``(2) Disposal.--Property at the Beltsville Agricultural 
     Research Center or the National Agricultural Library that is 
     leased pursuant to this section shall not be considered to be 
     disposed of by sale, lease, rental, excessing, or surplusing 
     for purposes of section 523 of Public Law 100-202 (101 Stat. 
     1329-417).
       ``(d) Reports.--
       ``(1) Fiscal years 2008 through 2013.--For each of fiscal 
     years 2008 through 2013, the Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate an annual report describing the implementation of the 
     pilot program under this section during the preceding fiscal 
     year, including--
       ``(A) a copy of each lease entered into pursuant to this 
     section;
       ``(B) an assessment by the Secretary of the success of the 
     pilot program in promoting the mission of the Beltsville 
     Agricultural Research Center and the National Agricultural 
     Library; and
       ``(C) recommendations regarding whether the pilot program 
     should be expanded or improved with respect to other 
     Department activities.
       ``(2) Fiscal year 2014 and thereafter.--For fiscal year 
     2014 and every 5 fiscal years thereafter, the Secretary shall 
     submit to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate a report described in paragraph 
     (1) relating to the preceding 5-fiscal-year period.''.
                                 ______
                                 
  SA 3682. Mrs. FEINSTEIN (for herself and 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:

       In section 1704, strike subsection (c) and insert the 
     following:
       (c) Modification of Limitation.--Section 1001D of the Food 
     Security Act of 1985 (7 U.S.C. 1308-3a) is amended by 
     striking subsection (b) and inserting the following:
       ``(b) Limitation.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, an individual or entity shall not be eligible to receive 
     any benefit described in paragraph (2) during any of the 2009 
     and subsequent crop years if the average adjusted gross 
     income of the individual or entity exceeds $500,000.
       ``(2) Covered benefits.--Paragraph (1) applies with respect 
     to the following:
       ``(A) A direct payment or counter-cyclical payment under 
     part I or III of subtitle A of title I of the Food and Energy 
     Security Act of 2007.

[[Page S14504]]

       ``(B) A marketing loan gain or loan deficiency payment 
     under part II or III of subtitle A of title I of the Food and 
     Energy Security Act of 2007.
       ``(C) An average crop revenue payment under subtitle B of 
     title I of Food and Energy Security Act of 2007.''.
       In section 1704, add at the end the following:
       (e) Savings.--The Secretary shall ensure, to the maximum 
     extent practicable, that any savings resulting from the 
     amendment made by subsection (c) are used in the State in 
     which the savings were realized to provide additional funding 
     in that State for, as determined by the Secretary--
       (1) the environmental quality incentives program 
     established under chapter 4 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3839aa et seq.); or
       (2) the grassland reserve program established under 
     subchapter C of chapter 2 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3838n et seq.).
                                 ______
                                 
  SA 3683. 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 title I, insert the following:

                    Subtitle H--Flexible State Funds

     SEC. 1941. OFFSET.

       (a) Offset.--
       (1) In general.--Except as provided in paragraph (3) and 
     notwithstanding any other provision of this Act, for the 
     period beginning on October 1, 2007, and ending on September 
     30, 2017, the Secretary shall reduce the total amount of 
     payments described in paragraph (2) received by the producers 
     on a farm by 30 percent.
       (2) Payment.--A payment described in this paragraph is a 
     payment in an amount of more than $10,000 for the crop year 
     that is--
       (A) a direct payment for a covered commodity or peanuts 
     received by the producers on a farm for a crop year under 
     section 1103 or 1303; or
       (B) the fixed payment component of an average crop revenue 
     payment for a covered commodity or peanuts received by the 
     producers on a farm for a crop year under section 1401(b)(2).
       (3) Application.--This subsection does not apply to a 
     payment provided under a contract entered into by the 
     Secretary before the date of enactment of this Act.
       (b) Savings.--The Secretary shall ensure, to the maximum 
     extent practicable, that any savings resulting from 
     subsection (a) are used to carry out section 379F of the 
     Consolidated Farm and Rural Development Act (as added by 
     section 1942) for each of fiscal years 2008 through 2012.

     SEC. 1942. GRANTS TO IMPROVE TECHNICAL INFRASTRUCTURE AND 
                   IMPROVE QUALITY OF RURAL HEALTH CARE 
                   FACILITIES.

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

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

       ``(a) Definitions.--In this section:
       ``(1) Health information technology.--The term `health 
     information technology' includes total expenditures incurred 
     for--
       ``(A) purchasing, leasing, and installing computer software 
     and hardware, including handheld computer technologies, and 
     related services;
       ``(B) making improvements to computer software and 
     hardware;
       ``(C) purchasing or leasing communications capabilities 
     necessary for clinical data access, storage, and exchange;
       ``(D) services associated with acquiring, implementing, 
     operating, or optimizing the use of computer software and 
     hardware and clinical health care informatics systems;
       ``(E) providing education and training to rural health 
     facility staff on information systems and technology designed 
     to improve patient safety and quality of care; and
       ``(F) purchasing, leasing, subscribing, or servicing 
     support to establish interoperability that--
       ``(i) integrates patient-specific clinical data with well-
     established national treatment guidelines;
       ``(ii) provides continuous quality improvement functions 
     that allow providers to assess improvement rates over time 
     and against averages for similar providers; and
       ``(iii) integrates with larger health networks.
       ``(2) Rural area.--The term `rural area' means any area of 
     the United States that is not--
       ``(A) included in the boundaries of any city, town, 
     borough, or village, whether incorporated or unincorporated, 
     with a population of more than 20,000 residents; or
       ``(B) an urbanized area contiguous and adjacent to such a 
     city, town, borough, or village.
       ``(3) Rural health facility.--The term `rural health 
     facility' means any of--
       ``(A) a hospital (as defined in section 1861(e) of the 
     Social Security Act (42 U.S.C. 1395x(e)));
       ``(B) a critical access hospital (as defined in section 
     1861(mm) of that Act (42 U.S.C. 1395x(mm)));
       ``(C) a Federally qualified health center (as defined in 
     section 1861(aa) of that Act (42 U.S.C. 1395x(aa))) that is 
     located in a rural area;
       ``(D) a rural health clinic (as defined in that section (42 
     U.S.C. 1395x(aa)));
       ``(E) a medicare-dependent, small rural hospital (as 
     defined in section 1886(d)(5)(G) of that Act (42 U.S.C. 
     1395ww(d)(5)(G))); and
       ``(F) a physician or physician group practice that is 
     located in a rural area.
       ``(b) Establishment of Program.--Using amounts provided 
     under section 1941(b) of the Food and Energy Security Act of 
     2007, the Secretary shall establish a program under which the 
     Secretary shall provide grants to rural health facilities for 
     the purpose of assisting the rural health facilities in--
       ``(1) purchasing health information technology to improve 
     the quality of health care or patient safety; or
       ``(2) otherwise improving the quality of health care or 
     patient safety, including through the development of--
       ``(A) quality improvement support structures to assist 
     rural health facilities and professionals--
       ``(i) to increase integration of personal and population 
     health services; and
       ``(ii) to address safety, effectiveness, patient- or 
     community-centeredness, timeliness, efficiency, and equity; 
     and
       ``(B) innovative approaches to the financing and delivery 
     of health services to achieve rural health quality goals.
       ``(c) Amount of Grant.--The Secretary shall determine the 
     amount of a grant provided under this section.
       ``(d) Provision of Information.--A rural health facility 
     that receives a grant under this section shall provide to the 
     Secretary such information as the Secretary may require--
       ``(1) to evaluate the project for which the grant is used; 
     and
       ``(2) to ensure that the grant is expended for the purposes 
     for which the grant was provided.''.
                                 ______
                                 
  SA 3684. 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 172, strike line 5 and all that follows 
     through page 173, line 12 and insert the following:
       ``(a) Program Required.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary of Agriculture (referred to in this section as the 
     `Secretary') shall establish a program under which milk 
     producers and cooperative associations of producers are 
     authorized to voluntarily enter into forward price contracts 
     with milk handlers.
       ``(2) Identification of certain regions.--
       ``(A) In general.--Subject to subparagraph (C), the 
     Secretary shall identify regions in which a dairy producer 
     has 3 or less viable purchasers of milk within typical 
     transportation distances, as determined by the Secretary.
       ``(B) Limitation.--Subject to subparagraph (C), in 
     establishing the program under paragraph (1), the Secretary 
     shall allow producers and cooperative associations in regions 
     identified by the Secretary under subparagraph (A) to enter 
     into forward contracts for not more than 50 percent of the 
     annual purchases of the producers and cooperative 
     associations.
       ``(C) Modifications.--If the Secretary determines that it 
     could improve competition or make anti-competitive behavior 
     less likely, the Secretary may--
       ``(i) increase the number of viable purchasers that may be 
     considered under subparagraph (A); or
       ``(ii) decrease the percentage of forward contracts 
     described in subparagraph (B).
       ``(3) Submission of contracts.--
       ``(A) In general.--As a condition of entering into a 
     forward price contract described in paragraph (1), not later 
     than 30 days after the date on which a milk producer or 
     cooperative association of producers enters into the 
     contract, the milk handler shall submit to the Secretary--
       ``(i) a copy of the contract; and
       ``(ii) such other supporting information as is necessary 
     for the Secretary to fulfill the reporting requirements of 
     subsection (f), as determined by the Secretary.
       ``(B) Administration.--Section 8d applies to a contract 
     submitted under subparagraph (A).'';
       (3) in subsection (c)--
       (A) in the subsection heading, by striking ``Pilot''; and
       (B) in paragraph (1), by striking ``pilot'';
       (4) by striking subsections (d) and (e); and
       (5) by adding at the end the following:
       ``(d) Voluntary Program.--
       ``(1) In general.--A milk handler may not require 
     participation in a forward price contract as a condition of 
     the handler receiving milk from a producer or cooperative 
     association of producers.
       ``(2) Effect of nonparticipation.--A producer or 
     cooperative association that does not enter into a forward 
     price contract may

[[Page S14505]]

     continue to have milk priced under the minimum payment 
     provisions of the applicable milk marketing order.
       ``(3) Complaints.--The Secretary shall--
       ``(A) investigate complaints made by producers or 
     cooperative associations of coercion by handlers to enter 
     into forward price contracts; and
       ``(B) if the Secretary finds evidence of coercion, take 
     appropriate action.
       ``(e) Duration.--No forward price contract under this 
     section may--
       ``(1) be entered into after September 30, 2012; or
       ``(2) may extend beyond September 30, 2015.
       ``(f) Reporting Requirements.--
       ``(1) Monthly price and volume reports.--Each month, the 
     Secretary shall make available to the public a report 
     containing statistics on the volume and price of forward 
     contracts during the preceding month, organized by--
       ``(A) State, if the number of contracts in the State is 
     large enough to maintain confidentiality, as determined by 
     the Secretary; or
       ``(B) region.
       ``(2) Annual report.--Each year, the Secretary shall make 
     available to the public a report that--
       ``(A) includes a summary and analysis of the monthly price 
     reports;
       ``(B) analyzes contract terms and price differentials based 
     on the volume and length of the forward contracts; and
       ``(C) describes, by State or smaller area if possible (as 
     determined by the Secretary), the percentage of milk under 
     forward contracts.''.
                                 ______
                                 
  SA 3685. 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 B of title XI, add the following:

     SEC. 11___. GAO REPORT ON ACCESS TO HEALTH CARE FOR FARMERS.

       (a) Report.--Not later than November 30, 2008, the 
     Comptroller General of the United States shall submit to 
     Congress a report on access to health care for rural 
     Americans and farmers.
       (b) Consultation.--The report shall be done in consultation 
     with the Rural Health Research Centers in the Department of 
     Health and Human Services Office of Rural Health Policy.
       (c) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) Assessment.--An assessment of access to health care for 
     rural Americans, including the following:
       (A) An overview of the rates of the uninsured among people 
     living in rural areas in the United States and possible 
     factors that cause the uninsurance, specifically--
       (i) a synthesis of existing research on the uninsured 
     living in rural America; and
       (ii) a detailed analysis of the uninsured and the factors 
     that contribute in uninsurance in 3 to 4 rural areas.
       (2) Second assessment.--An assessment of access to health 
     care for farmers, including the following:
       (A) An overview of the rates of the uninsured among farmers 
     in the United States and the factors that cause the 
     uninsurance, specifically--
       (i) factors, such as land assets, that keep low-income 
     farmers from qualifying for public insurance programs;
       (ii) the effects of the high price of health insurance for 
     individuals purchasing in the individual, non-group market; 
     and
       (iii) any other significant factor that contributes to the 
     rates of uninsurance among farmers.
       (B) The extent to which farmers depend on a spouse's off-
     farm job for health care coverage.
       (C) The effects of uninsurance on farmers and their 
     families.
       (3) Role of congress.--Recommendations regarding the 
     potential role of Congress in supporting increased access to 
     health insurance for farmers and their families, and rural 
     Americans.
                                 ______
                                 
  SA 3686. Mr. FEINGOLD (for himself and Mr. Kohl) submitted an 
amendment intended to be proposed to amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1208, between lines 10 and 11, insert the 
     following:

     SEC. 10004. DISCLOSURE OF COUNTRY OF HARVEST FOR GINSENG.

       (a) In General.--The Agricultural Marketing Act of 1946 (7 
     U.S.C. 1621 et seq.) is amended by adding at the end the 
     following:

                         ``Subtitle E--Ginseng

     ``SEC. 291. DISCLOSURE OF COUNTRY OF HARVEST.

       ``(a) Definitions.--In this section:
       ``(1) Ginseng.--The term `ginseng' means a plant classified 
     within the genus Panax.
       ``(2) Raw agricultural commodity.--The term `raw 
     agricultural commodity' has the meaning given the term in 
     section 201 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 321).
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.
       ``(b) Disclosure.--
       ``(1) In general.--A person that offers ginseng for sale as 
     a raw agricultural commodity or dehydrated whole root shall 
     disclose to a potential purchaser the country of harvest of 
     the ginseng.
       ``(2) Importation.--A person that imports ginseng as a raw 
     agricultural commodity or dehydrated whole root into the 
     United States shall disclose at the point of entry into the 
     United States, in accordance with section 304 of the Tariff 
     Act of 1930 (19 U.S.C. 1304), the country in which the 
     ginseng was harvested.
       ``(c) Manner of Disclosure.--
       ``(1) In general.--The disclosure required by subsection 
     (b) shall be provided to a potential purchaser by means of a 
     label, stamp, mark, placard, or other easily legible and 
     visible sign on the ginseng or on the package, display, 
     holding unit, or bin containing the ginseng.
       ``(2) Retailers.--A retailer of ginseng as a raw 
     agricultural commodity shall--
       ``(A) retain the means of disclosure provided under 
     subsection (b); and
       ``(B) provide the received means of disclosure to a 
     consumer of ginseng.
       ``(3) Regulations.--The Secretary shall by regulation 
     prescribe with specificity the manner in which disclosure 
     shall be made in a transaction at the wholesale or retail 
     level (including a transaction by mail, telephone, internet, 
     or in retail stores).
       ``(d) Fines.--The Secretary may, after providing notice and 
     an opportunity for a hearing before the Secretary, fine a 
     person subject to subsection (b), or a person supplying 
     ginseng to such a person, in an amount of not more than 
     $1,000 for each violation if the Secretary determines that 
     the person--
       ``(1) has not made a good faith effort to comply with 
     subsection (b); and
       ``(2) continues to willfully violate subsection (b).
       ``(e) Information.--The Secretary shall make information 
     available to wholesalers, importers, retailers, trade 
     associations, and other interested persons concerning the 
     requirements of this section (including regulations 
     promulgated to carry out this section).''.
       (b) Effective Date.--This section and the amendments made 
     by this section take effect on the date that is 180 days 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 3687. Mr. CORNYN 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 1391, strike line 24 and all that follows 
     through page 1392, line 7, and insert the following:
       ``(1) In general.--There are appropriated to the 
     Agriculture Disaster Relief Trust Fund amounts equivalent to 
     the excess of--
       ``(A) 3.34 percent of the amounts received in the general 
     fund of the Treasury of the United States during fiscal years 
     2008 through 2012 attributable to the duties collected on 
     articles entered, or withdrawn from warehouse, for 
     consumption under the Harmonized Tariff Schedule of the 
     United States, over
       ``(B) the sum of any amounts appropriated and designated as 
     an emergency requirement during such fiscal years for 
     assistance payments to eligible producers with respect to any 
     losses described in subsections (b), (c), (d), or (e) of 
     section 901.
                                 ______
                                 
  SA 3688. Mr. KOHL (for himself, Ms. Snowe, and Mr. Leahy) 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 the bill, insert the following:

                 TITLE XIII--HOUSING ASSISTANCE COUNCIL

     SEC. 13001. SHORT TITLE.

       This title may be cited as the ``Housing Assistance Council 
     Authorization Act of 2007''.

     SEC. 13002. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.

       (a) Use.--The Secretary of Housing and Urban Development 
     may provide financial assistance to the Housing Assistance 
     Council for use by such Council to develop the ability and 
     capacity of community-based housing development organizations 
     to undertake community development and affordable housing 
     projects and programs in rural areas. Assistance provided by 
     the Secretary under this section may be used by the Housing 
     Assistance Council for--
       (1) technical assistance, training, support, and advice to 
     develop the business and administrative capabilities of rural 
     community-based housing development organizations;

[[Page S14506]]

       (2) loans, grants, or other financial assistance to rural 
     community-based housing development organizations to carry 
     out community development and affordable housing activities 
     for low- and moderate-income families; and
       (3) such other activities as may be determined by the 
     Housing Assistance Council.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated for financial assistance under this 
     section for the Housing Assistance Council--
       (1) $10,000,000 for fiscal year 2008; and
       (2) $15,000,000 for each of fiscal years 2009 and 2010.

     SEC. 13003. AUDITS AND REPORTS.

       (a) Audit.--In any year in which the Housing Assistance 
     Council receives funds under this title, the Comptroller 
     General of the United States shall--
       (1) audit the financial transactions and activities of such 
     Council only with respect to such funds so received; and
       (2) submit a report detailing such audit to the Committee 
     on Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives.
       (b) GAO Report.--The Comptroller General of the United 
     States shall conduct a study and submit a report to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representative on the use of any funds appropriated to the 
     Housing Assistance Council over the past 10 years.

     SEC. 13004. PERSONS NOT LAWFULLY PRESENT IN THE UNITED 
                   STATES.

       None of the funds made available under this title may be 
     used to provide direct housing assistance to any person not 
     lawfully present in the United States.
                                 ______
                                 
  SA 3689. Mr. REED (for himself and Mr. Whitehouse) 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 20 of the amendment, after line 12, insert the 
     following:
       (c) Effect of Section.--Nothing in this section or an 
     amendment made by this section limits the authority of any 
     State to enforce a requirement that is more stringent than 
     the requirements of this section and the amendment made by 
     this section, if the State requirement is in existence on the 
     date of enactment of this Act.
                                 ______
                                 
  SA 3690. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 11___. INCLUSION OF SUBAQUEOUS SOILS.

       Section 9 of the Soil Conservation and Domestic Allotment 
     Act (16 U.S.C. 590i) is amended--
       (1) by striking the section designation and heading and all 
     that follows through ``The Secretary is authorized to'' and 
     inserting the following:

     ``SEC. 9. SURVEYS, INVESTIGATIONS, AND REPORTS.

       ``(a) In General.--The Secretary may'';
       (2) in the second sentence, by striking ``Notwithstanding'' 
     and inserting the following:
       ``(b) Publication of Information.--Notwithstanding''; and
       (3) by adding at the end the following:
       ``(c) Inclusion of Subaqueous Soils.--
       ``(1) Definition of subaqueous soil.--In this subsection, 
     the term `subaqueous soil' means any soil that forms in a 
     shallow (typically less than 2.5 meters deep), permanently 
     flooded environment.
       ``(2) Requirement.--In carrying out a soil survey pursuant 
     to this Act, the Secretary shall include an analysis of 
     subaqueous soils in the region subject to the survey, as 
     applicable.
       ``(3) Standards.--
       ``(A) In general.--As soon as practicable after the date of 
     enactment of this subsection, the Secretary, acting through 
     the Chief of the Natural Resources Conservation Service, 
     shall develop standards (including protocols, nomenclature, 
     and interpretive materials) for the collection and 
     maintenance of information relating to subaqueous soils in 
     the United States for purposes of this subsection.
       ``(B) Consultation.--The Secretary, acting through the 
     Chief of the Natural Resources Conservation Service, shall 
     develop the standards under subparagraph (A) in consultation 
     with appropriate Federal, State, and local agencies, 
     nongovernmental organizations, and institutions of higher 
     education.
       ``(4) Center for subaqueous soil mapping, rhode island.--
       ``(A) Establishment.--The Secretary, acting through the 
     Chief of the Natural Resources Conservation Service, shall 
     establish a center for subaqueous soil mapping in the State 
     of Rhode Island.
       ``(B) Duties.--The center established under subparagraph 
     (A) shall--
       ``(i) provide technology transfer leadership relating to 
     subaqueous soil mapping throughout the United States, 
     including by developing standards (including protocols, 
     nomenclature, and interpretive materials) and mapping 
     technologies relating to subaqueous soil mapping; and
       ``(ii) provide training and information to--

       ``(I) soil scientists employed by the Natural Resources 
     Conservation Service; and
       ``(II) other individuals and entities involved in 
     subaqueous soil mapping.''.

                                 ______
                                 
  SA 3691. Mr. ENZI (for himself, Mr. Dorgan, Mr. Grassley, Mr. Conrad, 
Mr. Johnson, Mr. Tester, and Mr. Barrasso) 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 1234, between lines 11 and 12, insert the 
     following:

     SEC. 102__. LIMITATION ON USE OF FORWARD CONTRACTS.

       (a) In General.--Section 202 of the Packers and Stockyards 
     Act, 1921 (7 U.S.C. 192) (as amended by section 10207(a)), is 
     amended--
       (1) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (2) by inserting after subsection (f) the following:
       ``(g)(1) Use, in effectuating any sale of livestock, a 
     forward contract that--
       ``(A) does not contain a firm base price that may be 
     equated to a fixed dollar amount on the day on which the 
     forward contract is entered into;
       ``(B) is not offered for bid in an open, public manner 
     under which--
       ``(i) buyers and sellers have the opportunity to 
     participate in the bid; more than 1 blind bid is solicited; 
     and buyers and sellers may witness bids that are made and 
     accepted;
       ``(ii) is based on a formula price; or
       ``(iii) provides for the sale of livestock in a quantity in 
     excess of--
       ``(I)(aa) in the case of cattle, 40 cattle;
       ``(bb) in the case of swine, 30 swine; and
       ``(cc) in the case of other types of livestock, a 
     comparable quantity of the type of livestock determined by 
     the Secretary; or
       ``(II) such other quantity, as determined appropriate by 
     the Secretary, except that
       ``(2) paragraph (1) shall not apply to--
       ``(A) a cooperative or entity owned by a cooperative, if a 
     majority of the ownership interest in the cooperative is held 
     by active cooperative members that--
       ``(i) own, feed, or control livestock; and
       ``(ii) provide the livestock to the cooperative for 
     slaughter;
       ``(B) a packer that is not required to report to the 
     Secretary on each reporting day (as defined in section 212 of 
     the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a)) 
     information on the price and quantity of livestock purchased 
     by the packer; or
       ``(C) a packer that owns 1 livestock processing plant;''.
       (b) Definitions.--Section 2(a) of the Packers and 
     Stockyards Act, 1921 (7 U.S.C. 182(a)) (as amended by section 
     10203) is amended--
       (1) by redesignating paragraphs (5) through (18) as 
     paragraphs (7) through (20), respectively; and
       (2) by inserting after paragraph (4) the following:
       ``(5) Formula price.--
       ``(A) In general.--The term `formula price' means any price 
     term that establishes a base from which a purchase price is 
     calculated on the basis of a price that will not be 
     determined or reported until a date after the day the forward 
     price is established.
       ``(B) Exclusion.--The term `formula price' does not 
     include--
       ``(i) any price term that establishes a base from which a 
     purchase price is calculated on the basis of a futures market 
     price; or
       ``(ii) any adjustment to the base for quality, grade, or 
     other factors relating to the value of livestock or livestock 
     products that are readily verifiable market factors and are 
     outside the control of the packer.
       ``(6) Forward contract.--The term `forward contract' means 
     an oral or written contract for the purchase of livestock 
     that provides for the delivery of the livestock to a packer 
     at a date that is more than 7 days after the date on which 
     the contract is entered into, without regard to whether the 
     contract is for--
       ``(A) a specified lot of livestock; or
       ``(B) a specified number of livestock over a certain period 
     of time.''.
                                 ______
                                 
  SA 3692. Mr. LOTT 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 1587, after line 18, add the following:

[[Page S14507]]

             Subtitle G--Temporary Repeal of Individual AMT

     SEC. 12701. TEMPORARY REPEAL OF INDIVIDUAL ALTERNATIVE 
                   MINIMUM TAX.

       (a) In General.--Section 55(a) (relating to alternative 
     minimum tax imposed) is amended by adding at the end the 
     following new flush sentence:

     ``For purposes of this title, the tentative minimum tax on 
     any taxpayer other than a corporation for any taxable year 
     beginning after December 31, 2006, and before January 1, 
     2009, shall be zero.''.
       (b) Modification of Limitation on Use of Credit for Prior 
     Year Minimum Tax Liability.--Subsection (c) of section 53 
     (relating to credit for prior year minimum tax liability) is 
     amended to read as follows:
       ``(c) Limitation.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     credit allowable under subsection (a) for any taxable year 
     shall not exceed the excess (if any) of--
       ``(A) the regular tax liability of the taxpayer for such 
     taxable year reduced by the sum of the credits allowable 
     under subparts A, B, D, E, and F of this part, over
       ``(B) the tentative minimum tax for the taxable year.
       ``(2) Taxable years beginning after 2006 and before 2009.--
     In the case of any taxable year beginning after 2006 and 
     before 2009, the credit allowable under subsection (a) to a 
     taxpayer other than a corporation for any taxable year shall 
     not exceed 90 percent of the regular tax liability of the 
     taxpayer for such taxable year reduced by the sum of the 
     credits allowable under subparts A, B, D, E, and F of this 
     part.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2006.

   Subtitle H--Extension of Certain Expiring Provisions Through 2009

     SEC. 12801. RESEARCH CREDIT.

       (a) In General.--Subparagraph (B) of section 41(h)(1) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Conforming Amendment.--Subparagraph (D) of section 
     45C(b)(1) (relating to qualified clinical testing expenses) 
     is amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2009''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2007.

     SEC. 12802. INDIAN EMPLOYMENT CREDIT.

       (a) In General.--Subsection (f) of section 45A (relating to 
     termination) is amended by striking ``December 31, 2007'' and 
     inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 12803. NEW MARKETS TAX CREDIT.

       Subparagraph (D) of section 45D(f)(1) (relating to national 
     limitation on amount of investments designated) is amended by 
     striking ``and 2008'' and inserting ``2008, and 2009''.

     SEC. 12804. RAILROAD TRACK MAINTENANCE.

       (a) In General.--Subsection (f) of section 45G (relating to 
     application of section) is amended by striking ``January 1, 
     2008'' and inserting ``January 1, 2010''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred during taxable 
     years beginning after December 31, 2007.

     SEC. 12805. MORTGAGE INSURANCE PREMIUMS TREATED AS INTEREST.

       (a) In General.--Subclause (I) of section 163(h)(3)(E)(iv) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or accrued after December 31, 
     2007.

     SEC. 12806. DEDUCTION FOR STATE AND LOCAL SALES TAXES.

       (a) In General.--Subparagraph (I) of section 164(b)(5) is 
     amended by striking ``January 1, 2008'' and inserting 
     ``January 1, 2010''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 12807. FIFTEEN-YEAR STRAIGHT-LINE COST RECOVERY FOR 
                   QUALIFIED LEASEHOLD IMPROVEMENTS AND QUALIFIED 
                   RESTAURANT PROPERTY.

       (a) In General.--Clauses (iv) and (v) of section 
     168(e)(3)(E) (relating to 15-year property) are each amended 
     by striking ``January 1, 2008'' and inserting ``January 1, 
     2010''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2007.

     SEC. 12808. SEVEN-YEAR COST RECOVERY PERIOD FOR MOTORSPORTS 
                   RACING TRACK FACILITY.

       (a) In General.--Subparagraph (D) of section 168(i)(15) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2007.

     SEC. 12809. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON 
                   INDIAN RESERVATION.

       (a) In General.--Paragraph (8) of section 168(j) (relating 
     to termination) is amended by striking ``December 31, 2007'' 
     and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2007.

     SEC. 12810. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

       (a) In General.--Subsection (h) of section 198 (relating to 
     termination) is amended by striking ``December 31, 2007'' and 
     inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred after December 
     31, 2007.

     SEC. 12811. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME 
                   ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES 
                   IN PUERTO RICO.

       (a) In General.--Subparagraph (C) of section 199(d)(8) 
     (relating to termination) is amended--
       (1) by striking ``first 2 taxable years'' and inserting 
     ``first 4 taxable years'', and
       (2) by striking ``January 1, 2008'' and inserting ``January 
     1, 2010''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 12812. DEDUCTION OF QUALIFIED TUITION AND RELATED 
                   EXPENSES.

       (a) In General.--Subsection (e) of section 222 (relating to 
     termination) is amended by striking ``December 31, 2007'' and 
     inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 12813. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS 
                   TO CONTROLLING EXEMPT ORGANIZATIONS.

       (a) In General.--Clause (iv) of section 512(b)(13)(E) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments received or accrued after December 
     31, 2007.

     SEC. 12814. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED 
                   INVESTMENT COMPANIES.

       (a) Interest-Related Dividends.--Subparagraph (C) of 
     section 871(k)(1) (defining interest-related dividend) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2009''.
       (b) Short-Term Capital Gain Dividends.--Subparagraph (C) of 
     section 871(k)(2) (defining short-term capital gain dividend) 
     is amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2009''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to dividends with respect to taxable years of 
     regulated investment companies beginning after December 31, 
     2007.

     SEC. 12815. EXTENSION AND MODIFICATION OF CREDIT TO HOLDERS 
                   OF QUALIFIED ZONE ACADEMY BONDS.

       (a) In General.--Subsection (e) of section 1397E (relating 
     to limitation on amount of bonds designated) is amended by 
     striking ``1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 
     2006, and 2007'' and inserting ``each of calendar years 1998 
     through 2009''.
       (b) Modification of Arbitrage Rules.--
       (1) In general.--Subsection (g) of section 1397E (relating 
     to special rules relating to arbitrage) is amended to read as 
     follows:
       ``(g) Special Rules Relating to Arbitrage.--
       ``(1) In general.--An issue shall be treated as meeting the 
     requirements of this subsection if the issuer satisfies the 
     requirements of section 148 with respect to the proceeds of 
     the issue.
       ``(2) Special rule for investments during expenditure 
     period.--An issue shall not be treated as failing to meet the 
     requirements of paragraph (1) by reason of any investment of 
     available project proceeds during the 5-year period described 
     in subsection (f)(1)(A) (including any extension of such 
     period under subsection (f)(2)).
       ``(3) Special rule for reserve funds.--An issue shall not 
     be treated as failing to meet the requirements of paragraph 
     (1) by reason of any fund which is expected to be used to 
     repay such issue if--
       ``(A) such fund is funded at a rate not more rapid than 
     equal annual installments,
       ``(B) such fund is funded in a manner that such fund will 
     not exceed the amount necessary to repay the issue if 
     invested at the maximum rate permitted under subparagraph 
     (C), and
       ``(C) the yield on such fund is not greater than the 
     discount rate determined under subsection (d)(3) with respect 
     to the issue.''.
       (2) Application of available project proceeds to other 
     requirements.--Subsections (d)(1)(A), (d)(2)(A), (f)(1)(A), 
     (f)(1)(B), (f)(1)(C), and (f)(3) of section 1397E are each 
     amended by striking ``proceeds'' and inserting ``available 
     project proceeds''
       (3) Available project proceeds defined.--Subsection (i) of 
     section 1397E (relating to definitions) is amended by adding 
     at the end the following new paragraph:
       ``(4) Available project proceeds.--The term `available 
     project proceeds' means--
       ``(A) the excess of--
       ``(i) the proceeds from the sale of an issue, over
       ``(ii) the issuance costs financed by the issue (to the 
     extent that such costs do not exceed 2 percent of such 
     proceeds), and
       ``(B) the proceeds from any investment of the excess 
     described in subparagraph (A).''.
       (c) Effective Date.--
       (1) Extension.--The amendment made by subsection (a) shall 
     apply to obligations issued after December 31, 2007.
       (2) Modification of arbitrage rules.--The amendments made 
     by subsection (b) shall apply to obligations issued after the 
     date of the enactment of this Act.

     SEC. 12816. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF 
                   COLUMBIA.

       (a) Designation of Zone.--

[[Page S14508]]

       (1) In general.--Subsection (f) of section 1400 is amended 
     by striking ``2007'' both places it appears and inserting 
     ``2009''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to periods beginning after December 31, 2007.
       (b) Tax-Exempt Economic Development Bonds.--
       (1) In general.--Subsection (b) of section 1400A is amended 
     by striking ``2007'' and inserting ``2009''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to bonds issued after December 31, 2007.
       (c) Zero Percent Capital Gains Rate.--
       (1) In general.--Subsection (b) of section 1400B is amended 
     by striking ``2008'' each place it appears and inserting 
     ``2010''.
       (2) Conforming amendments.--
       (A) Section 1400B(e)(2) is amended--
       (i) by striking ``2012'' and inserting ``2014'', and
       (ii) by striking ``2012'' in the heading thereof and 
     inserting ``2014''.
       (B) Section 1400B(g)(2) is amended by striking ``2012'' and 
     inserting ``2014''.
       (C) Section 1400F(d) is amended by striking ``2012'' and 
     inserting ``2014''.
       (3) Effective dates.--
       (A) Extension.--The amendments made by paragraph (1) shall 
     apply to acquisitions after December 31, 2007.
       (B) Conforming amendments.--The amendments made by 
     paragraph (2) shall take effect on the date of the enactment 
     of this Act.
       (d) First-Time Homebuyer Credit.--
       (1) In general.--Subsection (i) of section 1400C is amended 
     by striking ``2008'' and inserting ``2010''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to property purchased after December 31, 2007.

     SEC. 12817. DISCLOSURE FOR COMBINED EMPLOYMENT TAX REPORTING.

       (a) In General.--Subparagraph (B) of section 6103(d)(5) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to disclosures after December 31, 2007.

     SEC. 12818. DISCLOSURE OF RETURN INFORMATION TO APPRISE 
                   APPROPRIATE OFFICIALS OF TERRORIST ACTIVITIES.

       (a) In General.--Clause (iv) of section 6103(i)(3)(C) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to disclosures after December 31, 2007.

     SEC. 12819. DISCLOSURE UPON REQUEST OF INFORMATION RELATING 
                   TO TERRORIST ACTIVITIES.

       (a) In General.--Subparagraph (E) of section 6103(i)(7) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to disclosures after December 31, 2007.

     SEC. 12820. DISCLOSURE OF RETURN INFORMATION TO CARRY OUT 
                   INCOME CONTINGENT REPAYMENT OF STUDENT LOANS.

       (a) In General.--Subparagraph (D) of section 6103(l)(13) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to requests made after December 31, 2007.

     SEC. 12821. AUTHORITY FOR UNDERCOVER OPERATIONS.

       (a) In General.--Paragraph (6) of section 7608(c) (relating 
     to application of section) is amended by striking ``January 
     1, 2008'' each place it appears and inserting ``January 1, 
     2010''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on January 1, 2008.

     SEC. 12822. INCREASE IN LIMIT ON COVER OVER OF RUM EXCISE TAX 
                   TO PUERTO RICO AND THE VIRGIN ISLANDS.

       (a) In General.--Paragraph (1) of section 7652(f) is 
     amended by striking ``January 1, 2008'' and inserting 
     ``January 1, 2010''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distilled spirits brought into the United 
     States after December 31, 2007.

     SEC. 12823. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO 
                   MENTAL HEALTH BENEFITS.

       (a) In General.--Paragraph (3) of section 9812(f) (relating 
     to application of section) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to benefits for services furnished after December 
     31, 2007.

     SEC. 12824. EXTENSION OF ECONOMIC DEVELOPMENT CREDIT FOR 
                   AMERICAN SAMOA.

       (a) In General.--Subsection (d) of section 119 of division 
     A of the Tax Relief and Health Care Act of 2006 is amended--
       (1) by striking ``first two taxable years'' and inserting 
     ``first 4 taxable years'', and
       (2) by striking ``January 1, 2008'' and inserting ``January 
     1, 2010''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 12825. QUALIFIED CONSERVATION CONTRIBUTIONS.

       (a) In General.--Clause (vi) of section 170(b)(1)(E) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2007.

     SEC. 12826. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS 
                   OF FOOD INVENTORY.

       (a) In General.--Clause (iv) of section 170(e)(3)(C) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2007.

     SEC. 12827. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS 
                   OF BOOK INVENTORY TO PUBLIC SCHOOLS.

       (a) In General.--Clause (iv) of section 170(e)(3)(D) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2007.

     SEC. 12828. ENHANCED DEDUCTION FOR QUALIFIED COMPUTER 
                   CONTRIBUTIONS.

       (a) In General.--Subparagraph (G) of section 170(e)(6) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made during taxable years 
     beginning after December 31, 2007.

     SEC. 12829. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT 
                   PLANS FOR CHARITABLE PURPOSES.

       (a) In General.--Subparagraph (F) of section 408(d)(8) 
     (relating to termination) is amended by striking ``December 
     31, 2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distributions made in taxable years beginning 
     after December 31, 2007.

     SEC. 12830. BASIS ADJUSTMENT TO STOCK OF S CORPORATIONS 
                   MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY.

       (a) In General.--The last sentence of section 1367(a)(2) 
     (relating to decreases in basis) is amended by striking 
     ``December 31, 2007'' and inserting ``December 31, 2009''.
       (b) Technical Amendment Related to Section 1203 of the 
     Pension Protection Act of 2006.--Subsection (d) of section 
     1366 is amended by adding at the end the following new 
     paragraph:
       ``(4) Application of limitation on charitable 
     contributions.--In the case of any charitable contribution of 
     property to which the second sentence of section 1367(a)(2) 
     applies, paragraph (1) shall not apply to the extent of the 
     excess (if any) of--
       ``(A) the shareholder's pro rata share of such 
     contribution, over
       ``(B) the shareholder's pro rata share of the adjusted 
     basis of such property.''.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to contributions 
     made in taxable years beginning after December 31, 2007.
       (2) Technical amendment.--The amendment made by subsection 
     (b)shall take effect as if included in the provision of the 
     Pension Protection Act of 2006 to which it relates.

     SEC. 12831. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND 
                   SECONDARY SCHOOL TEACHERS.

       (a) In General.--Subparagraph (D) of section 62(a)(2) 
     (relating to certain expenses of elementary and secondary 
     school teachers) is amended by striking ``or 2007'' and 
     inserting ``2007, 2008, or 2009''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 12832. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME 
                   FOR PURPOSES OF EARNED INCOME TAX CREDIT.

       (a) In General.--Subclause (II) of section 32(c)(2)(B)(vi) 
     (defining earned income) is amended by striking ``January 1, 
     2008'' and inserting ``January 1, 2010''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years ending after December 31, 2007.

     SEC. 12833. MODIFICATION OF MORTGAGE REVENUE BONDS FOR 
                   VETERANS.

       (a) Qualified Mortgage Bonds Used To Finance Residences for 
     Veterans Without Regard to First-Time Homebuyer 
     Requirement.--Subparagraph (D) of section 143(d)(2) (relating 
     to exceptions) is amended by striking ``January 1, 2008'' and 
     inserting ``January 1, 2010''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to bonds issued after December 31, 2007.

     SEC. 12834. DISTRIBUTIONS FROM RETIREMENT PLANS TO 
                   INDIVIDUALS CALLED TO ACTIVE DUTY.

       (a) In General.--Clause (iv) of section 72(t)(2)(G) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to individuals ordered or called to active duty 
     on or after December 31, 2007.

     SEC. 12835. STOCK IN RIC FOR PURPOSES OF DETERMINING ESTATES 
                   OF NONRESIDENTS NOT CITIZENS.

       (a) In General.--Paragraph (3) of section 2105(d) (relating 
     to stock in a RIC) is amended by striking ``December 31, 
     2007'' and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to decedents dying after December 31, 2007.

     SEC. 12836. QUALIFIED INVESTMENT ENTITIES.

       (a) In General.--Clause (ii) of section 897(h)(4)(A) 
     (relating to termination) is

[[Page S14509]]

     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2009''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on January 1, 2008.

     SEC. 12837. DISCLOSURE OF RETURN INFORMATION FOR CERTAIN 
                   VETERANS PROGRAMS.

       (a) In General.--The last sentence of paragraph (7) of 
     section 6103(l) is amended by striking ``September 30, 2008'' 
     and inserting ``December 31, 2009''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to requests made after September 30, 2008.

     SEC. 12838. RETURNS RELATING TO APPLICABLE INSURANCE 
                   CONTRACTS IN WHICH CERTAIN EXEMPT ORGANIZATIONS 
                   HOLD INTERESTS.

       (a) In General.--Section 6050V(e) (relating to termination) 
     is amended by striking ``the date which is 2 years after the 
     date of the enactment of this section'' and insert ``December 
     31, 2009''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to reportable acquisitions occurring after August 
     17, 2008.

     SEC. 12839. MINE RESCUE TEAM TRAINING CREDIT.

       (a) In General.--Section 45N(e) (relating to termination) 
     is amended by striking ``December 31, 2008'' and inserting 
     ``December 31, 2009''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 12840. ELECTION TO EXPENSE ADVANCED MINE SAFETY 
                   EQUIPMENT.

       (a) In General.--Section 179E(g) (relating to termination) 
     is amended by striking ``December 31, 2008'' and inserting 
     ``December 31, 2009''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to property placed in service after December 31, 
     2008.

     SEC. 12841. TREATMENT OF CERTAIN QUALIFIED FILM AND 
                   TELEVISION PRODUCTIONS.

       (a) In General.--Section 181(f) (relating to termination) 
     is amended by striking ``December 31, 2008'' and inserting 
     ``December 31, 2009''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to qualified film and television productions 
     commencing after December 31, 2008.

     SEC. 12842. CONTROLLED FOREIGN CORPORATIONS.

       (a) Subpart F Exception for Active Financing.--
       (1) Exempt insurance income.--Paragraph (10) of section 
     953(e) (relating to application) is amended--
       (A) by striking ``January 1, 2009'' and inserting ``January 
     1, 2010'', and
       (B) by striking ``December 31, 2008'' and inserting 
     ``December 31, 2009''.
       (2) Exception to treatment as foreign personal holding 
     company income.--Paragraph (9) of section 954(h) (relating to 
     application) is amended by striking ``January 1, 2009'' and 
     inserting ``January 1, 2010''.
       (b) Look-Through Treatment of Payments Between Related 
     Controlled Foreign Corporations Under the Foreign Personal 
     Holding Company Rules.--Subparagraph (B) of section 954(c)(6) 
     (relating to application) is amended by striking ``January 1, 
     2009'' and inserting ``January 1, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2008, and to taxable years of 
     United States shareholders with or within which such taxable 
     years of foreign corporations end.
                                 ______
                                 
  SA 3693. Mr. DeMINT submitted an amendment intended to be proposed to 
the amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 1587, after line 18, add the following:

          Subtitle G--Repeal of Federal Estate and Gift Taxes

     SEC. 12701. REPEAL OF FEDERAL ESTATE AND GIFT TAXES.

       (a) In General.--Subtitle B of the Internal Revenue Code of 
     1986 (relating to estate, gift, and generation-skipping 
     taxes) is hereby repealed.
       (b) Effective Date.--The repeal made by subsection (a) 
     shall apply to estates of decedents dying, gifts made, and 
     generation-skipping transfers made after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3694. Mr. STEVENS (for himself and Ms. Murkowski) 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 246, strike line 23 and all that follows 
     through page 247, line 2, and insert the following:
       ``(c) Minimum Grant Amount.--
       ``(1) In general.--Notwithstanding subsection (b), each 
     State shall receive a grant under this section for each 
     fiscal year in an amount that is at least \1/2\ of 1 percent 
     of the total amount of funding made available to carry out 
     this section for the fiscal year.
       ``(2) Eligibility of seafood.--For purposes of providing 
     grants to States under this subsection only, seafood shall be 
     considered to be a specialty crop.'';
                                 ______
                                 
  SA 3695. Mr. DORGAN (for himself and Mr. Grassley) 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:

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

     SEC. 1703. PAYMENT LIMITATIONS.

       (a) In General.--Section 1001 of the Food Security of 1985 
     (7 U.S.C. 1308) is amended--
       (1) in subsection (a), by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(A) In general.--The term `entity' means--
       ``(i) an organization that (subject to the requirements of 
     this section and section 1001A) is eligible to receive a 
     payment under a provision of law referred to in subsection 
     (b) or (c);
       ``(ii) a corporation, joint stock company, association, 
     limited partnership, limited liability company, limited 
     liability partnership, charitable organization, estate, 
     irrevocable trust, grantor of a revocable trust, or other 
     similar entity (as determined by the Secretary); and
       ``(iii) an organization that is participating in a farming 
     operation as a partner in a general partnership or as a 
     participant in a joint venture.
       ``(B) Exclusion.--The term `entity' does not include a 
     general partnership or joint venture.
       ``(C) Estates.--In promulgating regulations to define the 
     term `entity' as the term applies to estates, the Secretary 
     shall ensure that fair and equitable treatment is given to 
     estates and the beneficiaries of estates.
       ``(D) Irrevocable trusts.--In promulgating regulations to 
     define the term `entity' as the term applies to irrevocable 
     trusts, the Secretary shall ensure that irrevocable trusts 
     are legitimate entities that have not been created for the 
     purpose of avoiding a payment limitation.
       ``(2) Individual.--The term `individual' means--
       ``(A) a natural person, and any minor child of the natural 
     person (as determined by the Secretary), who, subject to the 
     requirements of this section and section 1001A, is eligible 
     to receive a payment under a provision of law referred to in 
     subsection (b), (c), or (d); and
       ``(B) a natural person participating in a farming operation 
     as a partner in a general partnership, a participant in a 
     joint venture, a grantor of a revocable trust, or a 
     participant in a similar entity (as determined by the 
     Secretary).'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Limitation on Direct Payments.--The total amount of 
     direct payments that an individual or entity may receive, 
     directly or indirectly, during any crop year under part I or 
     III of subtitle A of title I of the Food and Energy Security 
     Act of 2007 for 1 or more covered commodities and peanuts, or 
     average crop revenue payments determined under section 
     1401(b)(2) of that Act, shall not exceed $20,000.'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Limitation on Counter-Cyclical Payments.--The total 
     amount of counter-cyclical payments that an individual or 
     entity may receive, directly or indirectly, during any crop 
     year under part I or III of subtitle A or C of title I of the 
     Food and Energy Security Act of 2007 for 1 or more covered 
     commodities and peanuts, or average crop revenue payments 
     determined under section 1401(b)(3) of that Act, shall not 
     exceed $30,000.'';
       (4) by striking subsection (d) and inserting the following:
       ``(d) Limitations on Marketing Loan Gains, Loan Deficiency 
     Payments, and Commodity Certificate Transactions.--The total 
     amount of the following gains and payments that an individual 
     or entity may receive during any crop year may not exceed 
     $75,000:
       ``(1)(A) Any gain realized by a producer from repaying a 
     marketing assistance loan for 1 or more loan commodities and 
     peanuts under part II of subtitle A of title I of the Food 
     and Energy Security Act of 2007 at a lower level than the 
     original loan rate established for the loan commodity under 
     that subtitle.
       ``(B) In the case of settlement of a marketing assistance 
     loan for 1 or more loan commodities and peanuts under that 
     subtitle by forfeiture, the amount by which the loan amount 
     exceeds the repayment amount for the loan if the loan had 
     been settled by repayment instead of forfeiture.
       ``(2) Any loan deficiency payments received for 1 or more 
     loan commodities and peanuts under that subtitle.

[[Page S14510]]

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

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

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

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

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

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

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

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

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

[[Page S14511]]

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

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

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

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

       (I) in the first sentence--

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

       (II) by striking the second sentence; and

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

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

       (ii) by striking the second sentence; and
       (3) by adding at the end the following:
       ``(c) Notification by Entities.--To facilitate the 
     administration of this section, each entity that receives 
     payments or benefits described as being subject to limitation 
     in subsection (b), (c), or (d) of section 1001 with respect 
     to a particular farming operation shall--
       ``(1) notify each individual or other entity that acquires 
     or holds a beneficial interest in the farming operation of 
     the requirements and limitations under this section; and
       ``(2) provide to the Secretary, at such times and in such 
     manner as the Secretary may require, the name and social 
     security number of each individual, or the name and taxpayer 
     identification number of each entity, that holds or acquires 
     such a beneficial interest.''.
       (c) Schemes or Devices.--Section 1001B of the Food Security 
     Act of 1985 (7 U.S.C. 1308-2) is amended--
       (1) by inserting ``(a) In General.--'' before ``If'';
       (2) in subsection (a) (as designated by paragraph (1)), by 
     striking ``person'' each place it appears and inserting 
     ``individual or entity''; and
       (3) by adding at the end the following:
       ``(b) Extended Ineligibility.--If the Secretary determines 
     that an individual or entity, for the benefit of the 
     individual or entity or of any other individual or entity, 
     has knowingly engaged in, or aided in the creation of 
     fraudulent documents, failed to disclose material information 
     relevant to the administration of this subtitle requested by 
     the Secretary, or committed other equally serious actions as 
     identified in regulations issued by the Secretary, the 
     Secretary may for a period not to exceed 5 crop years deny 
     the issuance of payments to the individual or entity.
       ``(c) Fraud.--If fraud is committed by an individual or 
     entity in connection with a scheme or device to evade, or 
     that has the purpose of evading, section 1001, 1001A, or 
     1001C, the individual or entity shall be ineligible to 
     receive farm program payments described as being subject to 
     limitation in subsection (b), (c), or (d) of section 1001 
     for--
       ``(1) the crop year for which the scheme or device is 
     adopted; and
       ``(2) the succeeding 5 crop years.
       ``(d) Joint and Several Liability.--Any individual or 
     entity that participates in a scheme or device described in 
     subsection (a) or (b) shall be jointly and severally liable 
     for any and all overpayments resulting from the scheme or 
     device, and subject to program ineligibility resulting from 
     the scheme or device, regardless of whether a particular 
     individual or entity was a payment recipient.
       ``(e) Waiver Authority.--
       ``(1) In general.--The Secretary may fully or partially 
     release an individual or entity from liability for repayment 
     of program proceeds under subsection (d) if the individual or 
     entity cooperates with the Department of Agriculture by 
     disclosing a scheme or device to evade section 1001, 1001A, 
     or 1001C or any other provision of law administered by the 
     Secretary that imposes a payment limitation.
       ``(2) Discretion.--The decision of the Secretary under this 
     subsection is vested in the sole discretion of the 
     Secretary.''.
       (d) Foreign Individuals and Entities Made Ineligible for 
     Program Benefits.--Section 1001C of the Food Security Act of 
     1985 (7 U.S.C. 1308-3) is amended--
       (1) in the section heading, by striking ``PERSONS'' and 
     inserting ``INDIVIDUALS AND ENTITIES'';
       (2) in subsection (a), by striking ``person'' each place it 
     appears and inserting ``individual'';
       (3) in subsection (b)--
       (A) in the subsection heading, by striking ``Corporation or 
     Other''; and
       (B) in the first sentence--
       (i) by striking ``a corporation or other entity shall be 
     considered a person that'' and inserting ``an entity''; and
       (ii) by striking ``persons'' both places it appears and 
     inserting ``individuals''; and
       (4) in subsection (c), by striking ``person'' and inserting 
     ``entity or individual''.
       (e) Treatment of Multiyear Program Contact Payments.--
     Section 1001F of the Food Security Act of 1985 (7 U.S.C. 
     1308-5) is repealed.
       (f) Increased Funding for Certain Programs.--In addition to 
     the amounts made available under other provisions of this Act 
     and amendments made by this Act, of the funds of the 
     Commodity Credit Corporation, the Secretary shall use to 
     carry out--
       (1) the Farmers' Market Promotion Program established under 
     section 6 of the Farmer-to-Consumer Direct Marketing Act of 
     1976 (7 U.S.C. 3005) (as amended by section 1812), an 
     additional $5,000,000 for each of fiscal years 2009 through 
     2011;
       (2) the national organic certification cost-share program 
     established under section 10606 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 6523) (as amended by 
     section 1823), an additional $3,000,000 for fiscal year 2012;
       (3) the farmland protection program established under 
     subchapter B of chapter 2 of subtitle D of title XII of the 
     Food Security

[[Page S14512]]

     Act of 1985 (16 U.S.C. 3838h et seq.) (commonly known as the 
     ``Farm and Ranch Lands Protection Program''), an additional--
       (A) $17,000,000 for each of fiscal years 2009 and 2010; and
       (B) $18,000,000 for fiscal year 2011;
       (4) the grassland reserve program established under 
     subchapter C of chapter 2 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3838n et seq.), an 
     additional $45,000,000 for the period of fiscal years 2008 
     through 2012;
       (5) the availability of commodities for the emergency food 
     assistance program under section 27(a) of the Food and 
     Nutrition Act of 2007 (7 U.S.C. 2036(a)) (as amended by 
     section 4110(a)), an additional $63,000,000 for each of 
     fiscal years 2013 through 2017;
       (6) the emergency food assistance program under section 
     204(a)(1) of the Emergency Food Assistance Act of 1983 (7 
     U.S.C. 7508(a)(1)) (as amended by section 4802(a)), an 
     additional--
       (A) $13,000,000 for fiscal year 2009;
       (B) $14,000,000 for each of fiscal years 2010 and 2011; and
       (C) $15,000,000 for fiscal year 2012;
       (7) the improvements to the food and nutrition program made 
     by sections 4103, 4108, 4110(a)(2), 4208, and 4801(g) (and 
     the amendments made by those sections) without regard to 
     section 4908(b);
       (8) the beginning farmer and rancher individual development 
     accounts pilot program established under section 333B of the 
     Consolidated Farm and Rural Development Act (as added by 
     section 5201), an additional $5,000,000 for each of fiscal 
     years 2009 through 2012;
       (9) the determination on the merits of Pigford claims under 
     section 5402, an additional $20,000,000 for fiscal year 2008 
     and $40,000,000 for each of fiscal years 2009 and 2010 
     (including by providing an increased maximum amount under 
     subsection (c)(2) of that section of $200,000,000);
       (10) the rural microenterprise assistance program 
     established under section 366 of the Consolidated Farm and 
     Rural Development Act (as added by section 6022), an 
     additional $40,000,000 for fiscal year 2009; and
       (11) the beginning farmer and rancher development program 
     established under section 7405 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 3319f) (as amended by 
     section 7309), an additional $15,000,000 for each of fiscal 
     years 2009 through 2012.
                                 ______
                                 
  SA 3696. Mr. KERRY (for himself, Ms. Snowe, Ms. Landrieu, and Mr. 
Vitter) 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:

                   Subtitle C--Disaster Loan Program

     SEC. 11101. SHORT TITLE.

       This subtitle may be cited as the ``Small Business Disaster 
     Response and Loan Improvements Act of 2007''.

     SEC. 11102. DEFINITIONS.

       In this subtitle--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``Small Business Act catastrophic national 
     disaster'' means a Small Business Act catastrophic national 
     disaster declared under section 7(b)(11) of the Small 
     Business Act (15 U.S.C. 636(b)), as added by this Act;
       (3) the term ``declared disaster'' means a major disaster 
     or a Small Business Act catastrophic national disaster;
       (4) the term ``disaster area'' means an area affected by a 
     natural or other disaster, as determined for purposes of 
     paragraph (1) or (2) of section 7(b) of the Small Business 
     Act (15 U.S.C. 636(b)), during the period of such 
     declaration;
       (5) the term ``disaster loan program of the 
     Administration'' means assistance under section 7(b) of the 
     Small Business Act (15 U.S.C. 636(b));
       (6) the term ``disaster update period'' means the period 
     beginning on the date on which the President declares a major 
     disaster or a Small Business Act catastrophic national 
     disaster and ending on the date on which such declaration 
     terminates;
       (7) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122);
       (8) the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act (15 U.S.C. 
     632); and
       (9) the term ``State'' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Northern Mariana Islands, the Virgin Islands, Guam, 
     American Samoa, and any territory or possession of the United 
     States.

                 PART I--DISASTER PLANNING AND RESPONSE

     SEC. 11121. DISASTER LOANS TO NONPROFITS.

       Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) 
     is amended by inserting immediately after paragraph (3) the 
     following:
       ``(4) Loans to nonprofits.--In addition to any other loan 
     authorized by this subsection, the Administrator may make 
     such loans (either directly or in cooperation with banks or 
     other lending institutions through agreements to participate 
     on an immediate or deferred basis) as the Administrator 
     determines appropriate to a nonprofit organization located or 
     operating in an area affected by a natural or other disaster, 
     as determined under paragraph (1) or (2), or providing 
     services to persons who have evacuated from any such area.''.

     SEC. 11122. DISASTER LOAN AMOUNTS.

       (a) Increased Loan Caps.--Section 7(b) of the Small 
     Business Act (15 U.S.C. 636(b)) is amended by inserting 
     immediately after paragraph (4), as added by this Act, the 
     following:
       ``(5) Increased loan caps.--
       ``(A) Aggregate loan amounts.--Except as provided in 
     subparagraph (B), and notwithstanding any other provision of 
     law, the aggregate loan amount outstanding and committed to a 
     borrower under this subsection may not exceed $2,000,000.
       ``(B) Waiver authority.--The Administrator may, at the 
     discretion of the Administrator, increase the aggregate loan 
     amount under subparagraph (A) for loans relating to a 
     disaster to a level established by the Administrator, based 
     on appropriate economic indicators for the region in which 
     that disaster occurred.''.
       (b) Disaster Mitigation.--
       (1) In general.--Section 7(b)(1)(A) of the Small Business 
     Act (15 U.S.C. 636(b)(1)(A)) is amended by inserting ``of the 
     aggregate costs of such damage or destruction (whether or not 
     compensated for by insurance or otherwise)'' after ``20 per 
     centum''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to a loan or guarantee made after 
     the date of enactment of this Act.
       (c) Technical Amendments.--Section 7(b) of the Small 
     Business Act (15 U.S.C. 636(b)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``the, Administration'' and inserting ``the Administration'';
       (2) in paragraph (2)(A), by striking ``Disaster Relief and 
     Emergency Assistance Act'' and inserting ``Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.) (in this subsection referred to as a `major 
     disaster')''; and
       (3) in the undesignated matter at the end--
       (A) by striking ``, (2), and (4)'' and inserting ``and 
     (2)''; and
       (B) by striking ``, (2), or (4)'' and inserting ``(2)''.

     SEC. 11123. SMALL BUSINESS DEVELOPMENT CENTER PORTABILITY 
                   GRANTS.

       Section 21(a)(4)(C)(viii) of the Small Business Act (15 
     U.S.C. 648(a)(4)(C)(viii)) is amended--
       (1) in the first sentence, by striking ``as a result of a 
     business or government facility down sizing or closing, which 
     has resulted in the loss of jobs or small business 
     instability'' and inserting ``due to events that have 
     resulted or will result in, business or government facility 
     downsizing or closing''; and
       (2) by adding at the end ``At the discretion of the 
     Administrator, the Administrator may make an award greater 
     than $100,000 to a recipient to accommodate extraordinary 
     occurrences having a catastrophic impact on the small 
     business concerns in a community.''.

     SEC. 11124. ASSISTANCE TO OUT-OF-STATE BUSINESSES.

       Section 21(b)(3) of the Small Business Act (15 U.S.C. 
     648(b)(3)) is amended--
       (1) by striking ``At the discretion'' and inserting the 
     following: ``Small business development centers.--
       ``(A) In general.--At the discretion''; and
       (2) by adding at the end the following:
       ``(B) During disasters.--
       ``(i) In general.--At the discretion of the Administrator, 
     the Administrator may authorize a small business development 
     center to provide such assistance to small business concerns 
     located outside of the State, without regard to geographic 
     proximity, if the small business concerns are located in a 
     disaster area declared under section 7(b)(2)(A).
       ``(ii) Continuity of services.--A small business 
     development center that provides counselors to an area 
     described in clause (i) shall, to the maximum extent 
     practicable, ensure continuity of services in any State in 
     which such small business development center otherwise 
     provides services.
       ``(iii) Access to disaster recovery facilities.--For 
     purposes of providing disaster recovery assistance under this 
     subparagraph, the Administrator shall, to the maximum extent 
     practicable, permit small business development center 
     personnel to use any site or facility designated by the 
     Administrator for use to provide disaster recovery 
     assistance.''.

     SEC. 11125. OUTREACH PROGRAMS.

       (a) In General.--Not later than 30 days after the date of 
     the declaration of a disaster area, the Administrator may 
     establish a contracting outreach and technical assistance 
     program for small business concerns which have had a primary 
     place of business in, or other significant presence in, such 
     disaster area.
       (b) Administrator Action.--The Administrator may carry out 
     subsection (a) by acting through--
       (1) the Administration;
       (2) the Federal agency small business officials designated 
     under section 15(k)(1) of the Small Business Act (15 U.S.C. 
     644(k)(1)); or
       (3) any Federal, State, or local government entity, higher 
     education institution, procurement technical assistance 
     center, or private nonprofit organization that the 
     Administrator may determine appropriate, upon

[[Page S14513]]

     conclusion of a memorandum of understanding or assistance 
     agreement, as appropriate, with the Administrator.

     SEC. 11126. SMALL BUSINESS BONDING THRESHOLD.

       (a) In General.--Except as provided in subsection (b), and 
     notwithstanding any other provision of law, for any 
     procurement related to a major disaster, the Administrator 
     may, upon such terms and conditions as the Administrator may 
     prescribe, guarantee and enter into commitments to guarantee 
     any surety against loss resulting from a breach of the terms 
     of a bid bond, payment bond, performance bond, or bonds 
     ancillary thereto, by a principal on any total work order or 
     contract amount at the time of bond execution that does not 
     exceed $5,000,000.
       (b) Increase of Amount.--Upon request of the head of any 
     Federal agency other than the Administration involved in 
     reconstruction efforts in response to a major disaster, the 
     Administrator may guarantee and enter into a commitment to 
     guarantee any security against loss under subsection (a) on 
     any total work order or contract amount at the time of bond 
     execution that does not exceed $10,000,000.

     SEC. 11127. TERMINATION OF PROGRAM.

       Section 711(c) of the Small Business Competitive 
     Demonstration Program Act of 1988 (15 U.S.C. 644 note) is 
     amended by inserting after ``January 1, 1989'' the following: 
     ``, and shall terminate on the date of enactment of the Small 
     Business Disaster Response and Loan Improvements Act of 
     2007''.

     SEC. 11128. INCREASING COLLATERAL REQUIREMENTS.

       Section 7(c)(6) of the Small Business Act (15 U.S.C. 
     636(c)(6)) is amended by striking ``$10,000 or less'' and 
     inserting ``$14,000 or less (or such higher amount as the 
     Administrator determines appropriate in the event of a Small 
     Business Act catastrophic national disaster declared under 
     subsection (b)(11))''.

     SEC. 11129. PUBLIC AWARENESS OF DISASTER DECLARATION AND 
                   APPLICATION PERIODS.

       (a) In General.--Section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) is amended by inserting immediately after 
     paragraph (5), as added by this Act, the following:
       ``(6) Coordination with fema.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, for any disaster (including a Small Business Act 
     catastrophic national disaster) declared under this 
     subsection or major disaster, the Administrator, in 
     consultation with the Administrator of the Federal Emergency 
     Management Agency, shall ensure, to the maximum extent 
     practicable, that all application periods for disaster relief 
     under this Act correspond with application deadlines 
     established under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.), or as 
     extended by the President.
       ``(B) Deadlines.--Notwithstanding any other provision of 
     law, not later than 10 days before the closing date of an 
     application period for a major disaster (including a Small 
     Business Act catastrophic national disaster), the 
     Administrator, in consultation with the Administrator of the 
     Federal Emergency Management Agency, shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report that includes--
       ``(i) the deadline for submitting applications for 
     assistance under this Act relating to that major disaster;
       ``(ii) information regarding the number of loan 
     applications and disbursements processed by the Administrator 
     relating to that major disaster for each day during the 
     period beginning on the date on which that major disaster was 
     declared and ending on the date of that report; and
       ``(iii) an estimate of the number of potential applicants 
     that have not submitted an application relating to that major 
     disaster.
       ``(7) Public awareness of disasters.--If a disaster 
     (including a Small Business Act catastrophic national 
     disaster) is declared under this subsection, the 
     Administrator shall make every effort to communicate through 
     radio, television, print, and web-based outlets, all relevant 
     information needed by disaster loan applicants, including--
       ``(A) the date of such declaration;
       ``(B) cities and towns within the area of such declaration;
       ``(C) loan application deadlines related to such disaster;
       ``(D) all relevant contact information for victim services 
     available through the Administration (including links to 
     small business development center websites);
       ``(E) links to relevant Federal and State disaster 
     assistance websites, including links to websites providing 
     information regarding assistance available from the Federal 
     Emergency Management Agency;
       ``(F) information on eligibility criteria for 
     Administration loan programs, including where such 
     applications can be found; and
       ``(G) application materials that clearly state the function 
     of the Administration as the Federal source of disaster loans 
     for homeowners and renters.''.
       (b) Marketing and Outreach.--Not later than 90 days after 
     the date of enactment of this Act, the Administrator shall 
     create a marketing and outreach plan that--
       (1) encourages a proactive approach to the disaster relief 
     efforts of the Administration;
       (2) makes clear the services provided by the 
     Administration, including contact information, application 
     information, and timelines for submitting applications, the 
     review of applications, and the disbursement of funds;
       (3) describes the different disaster loan programs of the 
     Administration, including how they are made available and the 
     eligibility requirements for each loan program;
       (4) provides for regional marketing, focusing on disasters 
     occurring in each region before the date of enactment of this 
     Act, and likely scenarios for disasters in each such region; 
     and
       (5) ensures that the marketing plan is made available at 
     small business development centers and on the website of the 
     Administration.

     SEC. 11130. CONSISTENCY BETWEEN ADMINISTRATION REGULATIONS 
                   AND STANDARD OPERATING PROCEDURES.

       (a) In General.--The Administrator shall, promptly 
     following the date of enactment of this Act, conduct a study 
     of whether the standard operating procedures of the 
     Administration for loans offered under section 7(b) of the 
     Small Business Act (15 U.S.C. 636(b)) are consistent with the 
     regulations of the Administration for administering the 
     disaster loan program.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administration shall submit to 
     Congress a report containing all findings and recommendations 
     of the study conducted under subsection (a).

     SEC. 11131. PROCESSING DISASTER LOANS.

       (a) Authority for Qualified Private Contractors To Process 
     Disaster Loans.--Section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) is amended by inserting immediately after 
     paragraph (7), as added by this Act, the following:
       ``(8) Authority for qualified private contractors.--
       ``(A) Disaster loan processing.--The Administrator may 
     enter into an agreement with a qualified private contractor, 
     as determined by the Administrator, to process loans under 
     this subsection in the event of a major disaster or a Small 
     Business Act catastrophic national disaster declared under 
     paragraph (11), under which the Administrator shall pay the 
     contractor a fee for each loan processed.
       ``(B) Loan loss verification services.--The Administrator 
     may enter into an agreement with a qualified lender or loss 
     verification professional, as determined by the 
     Administrator, to verify losses for loans under this 
     subsection in the event of a major disaster or a Small 
     Business Act catastrophic national disaster declared under 
     paragraph (11), under which the Administrator shall pay the 
     lender or verification professional a fee for each loan for 
     which such lender or verification professional verifies 
     losses.''.
       (b) Coordination of Efforts Between the Administrator and 
     the Internal Revenue Service To Expedite Loan Processing.--
     The Administrator and the Commissioner of Internal Revenue 
     shall, to the maximum extent practicable, ensure that all 
     relevant and allowable tax records for loan approval are 
     shared with loan processors in an expedited manner, upon 
     request by the Administrator.

     SEC. 11132. DEVELOPMENT AND IMPLEMENTATION OF MAJOR DISASTER 
                   RESPONSE PLAN.

       (a) In General.--Not later than 3 months after the date of 
     enactment of this Act, the Administrator shall--
       (1) by rule, amend the 2006 Atlantic hurricane season 
     disaster response plan of the Administration (in this section 
     referred to as the ``disaster response plan'') to apply to 
     major disasters; and
       (2) submit a report to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives detailing the 
     amendments to the disaster response plan.
       (b) Contents.--The report required under subsection (a)(2) 
     shall include--
       (1) any updates or modifications made to the disaster 
     response plan since the report regarding the disaster 
     response plan submitted to Congress on July 14, 2006;
       (2) a description of how the Administrator plans to utilize 
     and integrate District Office personnel of the Administration 
     in the response to a major disaster, including information on 
     the utilization of personnel for loan processing and loan 
     disbursement;
       (3) a description of the disaster scalability model of the 
     Administration and on what basis or function the plan is 
     scaled;
       (4) a description of how the agency-wide Disaster Oversight 
     Council is structured, which offices comprise its membership, 
     and whether the Associate Deputy Administrator for 
     Entrepreneurial Development of the Administration is a 
     member;
       (5) a description of how the Administrator plans to 
     coordinate the disaster efforts of the Administration with 
     State and local government officials, including 
     recommendations on how to better incorporate State 
     initiatives or programs, such as State-administered bridge 
     loan programs, into the disaster response of the 
     Administration;
       (6) recommendations, if any, on how the Administration can 
     better coordinate its disaster response operations with the 
     operations of other Federal, State, and local entities;
       (7) any surge plan for the disaster loan program of the 
     Administration in effect on or after August 29, 2005 
     (including surge plans for loss verification, loan 
     processing, mailroom, customer service or call center 
     operations, and a continuity of operations plan);

[[Page S14514]]

       (8) the number of full-time equivalent employees and job 
     descriptions for the planning and disaster response staff of 
     the Administration;
       (9) the in-service and preservice training procedures for 
     disaster response staff of the Administration;
       (10) information on the logistical support plans of the 
     Administration (including equipment and staffing needs, and 
     detailed information on how such plans will be scalable 
     depending on the size and scope of the major disaster;
       (11) a description of the findings and recommendations of 
     the Administrator, if any, based on a review of the response 
     of the Administration to Hurricane Katrina of 2005, Hurricane 
     Rita of 2005, and Hurricane Wilma of 2005; and
       (12) a plan for how the Administrator, in consultation with 
     the Administrator of the Federal Emergency Management Agency, 
     will coordinate the provision of accommodations and necessary 
     resources for disaster assistance personnel to effectively 
     perform their responsibilities in the aftermath of a major 
     disaster.
       (c) Exercises.--Not later than 6 months after the date of 
     the submission of the report under subsection (a)(2), the 
     Administrator shall develop and execute simulation exercises 
     to demonstrate the effectiveness of the amended disaster 
     response plan required under this section.

     SEC. 11133. DISASTER PLANNING RESPONSIBILITIES.

       (a) Assignment of Small Business Administration Disaster 
     Planning Responsibilities.--The Administrator shall 
     specifically assign the disaster planning responsibilities 
     described in subsection (b) to an employee of the 
     Administration who--
       (1) is not an employee of the Office of Disaster Assistance 
     of the Administration;
       (2) shall report directly to the Administrator; and
       (3) has a background and expertise demonstrating 
     significant experience in the area of disaster planning.
       (b) Responsibilities.--The responsibilities described in 
     this subsection are--
       (1) creating and maintaining the comprehensive disaster 
     response plan of the Administration;
       (2) ensuring in-service and pre-service training procedures 
     for the disaster response staff of the Administration;
       (3) coordinating and directing Administration training 
     exercises, including mock disaster responses, with other 
     Federal agencies; and
       (4) other responsibilities, as determined by the 
     Administrator.
       (c) Report.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report containing--
       (1) a description of the actions of the Administrator to 
     assign an employee under subsection (a);
       (2) information detailing the background and expertise of 
     the employee assigned under subsection (a); and
       (3) information on the status of the implementation of the 
     responsibilities described in subsection (b).

     SEC. 11134. ADDITIONAL AUTHORITY FOR DISTRICT OFFICES OF THE 
                   ADMINISTRATION.

       (a) In General.--Section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) is amended by inserting immediately after 
     paragraph (8), as added by this Act, the following:
       ``(9) Use of district offices.--In the event of a major 
     disaster, the Administrator may authorize a district office 
     of the Administration to process loans under paragraph (1) or 
     (2).''.
       (b) Designation.--
       (1) In general.--The Administrator may designate an 
     employee in each district office of the Administration to act 
     as a disaster loan liaison between the disaster processing 
     center and applicants under the disaster loan program of the 
     Administration.
       (2) Responsibilities.--Each employee designated under 
     paragraph (1) shall--
       (A) be responsible for coordinating and facilitating 
     communications between applicants under the disaster loan 
     program of the Administration and disaster loan processing 
     staff regarding documentation and information required for 
     completion of an application; and
       (B) provide information to applicants under the disaster 
     loan program of the Administration regarding additional 
     services and benefits that may be available to such 
     applicants to assist with recovery.
       (3) Outreach.--In providing outreach to disaster victims 
     following a declared disaster, the Administrator shall make 
     disaster victims aware of--
       (A) any relevant employee designated under paragraph (1); 
     and
       (B) how to contact that employee.

     SEC. 11135. ASSIGNMENT OF EMPLOYEES OF THE OFFICE OF DISASTER 
                   ASSISTANCE AND DISASTER CADRE.

       (a) In General.--Section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) is amended by inserting immediately after 
     paragraph (9), as added by this Act, the following:
       ``(10) Disaster assistance employees.--
       ``(A) In general.--In carrying out this section, the 
     Administrator may, where practicable, ensure that the number 
     of full-time equivalent employees--
       ``(i) in the Office of the Disaster Assistance is not fewer 
     than 800; and
       ``(ii) in the Disaster Cadre of the Administration is not 
     fewer than 750.
       ``(B) Report.--In carrying out this subsection, if the 
     number of full-time employees for either the Office of 
     Disaster Assistance or the Disaster Cadre of the 
     Administration is below the level described in subparagraph 
     (A) for that office, not later than 21 days after the date on 
     which that staffing level decreased below the level described 
     in subparagraph (A), the Administrator shall submit to the 
     Committee on Appropriations and the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Appropriations and Committee on Small Business of the 
     House of Representatives, a report--
       ``(i) detailing staffing levels on that date;
       ``(ii) requesting, if practicable and determined 
     appropriate by the Administrator, additional funds for 
     additional employees; and
       ``(iii) containing such additional information, as 
     determined appropriate by the Administrator.''.

                       PART II--DISASTER LENDING

     SEC. 11141. SMALL BUSINESS ACT CATASTROPHIC NATIONAL DISASTER 
                   DECLARATION.

       Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) 
     is amended by inserting immediately after paragraph (10), as 
     added by this Act, the following:
       ``(11) Small business act catastrophic national 
     disasters.--
       ``(A) In general.--The President may make a Small Business 
     Act catastrophic national disaster declaration in accordance 
     with this paragraph.
       ``(B) Promulgation of rules.--
       ``(i) In general.--Not later than 6 months after the date 
     of enactment of this paragraph, the Administrator, with the 
     concurrence of the Secretary of Homeland Security and the 
     Administrator of the Federal Emergency Management Agency, 
     shall promulgate regulations establishing a threshold for a 
     Small Business Act catastrophic national disaster 
     declaration.
       ``(ii) Considerations.--In promulgating the regulations 
     required under clause (i), the Administrator shall establish 
     a threshold that--

       ``(I) requires that the incident for which the President 
     declares a Small Business Act catastrophic national disaster 
     declaration under this paragraph has resulted in 
     extraordinary levels of casualties or damage or disruption 
     severely affecting the population (including mass 
     evacuations), infrastructure, environment, economy, national 
     morale, or government functions in an area;
       ``(II) requires that the President declares a major 
     disaster before making a Small Business Act catastrophic 
     national disaster declaration under this paragraph;
       ``(III) requires consideration of--

       ``(aa) the dollar amount per capita of damage to the State, 
     its political subdivisions, or a region;
       ``(bb) the number of small business concerns damaged, 
     physically or economically, as a direct result of the event;
       ``(cc) the number of individuals and households displaced 
     from their predisaster residences by the event;
       ``(dd) the severity of the impact on employment rates in 
     the State, its political subdivisions, or a region;
       ``(ee) the anticipated length and difficulty of the 
     recovery process;
       ``(ff) whether the events leading to the relevant major 
     disaster declaration are of an unusually large and calamitous 
     nature that is orders of magnitude larger than for an average 
     major disaster; and
       ``(gg) any other factor determined relevant by the 
     Administrator.
       ``(C) Authorization.--If the President makes a Small 
     Business Act catastrophic national disaster declaration under 
     this paragraph, the Administrator may make such loans under 
     this paragraph (either directly or in cooperation with banks 
     or other lending institutions through agreements to 
     participate on an immediate or deferred basis) as the 
     Administrator determines appropriate to small business 
     concerns located anywhere in the United States that are 
     economically adversely impacted as a result of that Small 
     Business Act catastrophic national disaster.
       ``(D) Loan terms.--A loan under this paragraph shall be 
     made on the same terms as a loan under paragraph (2).''.

     SEC. 11142. PRIVATE DISASTER LOANS.

       (a) In General.--Section 7 of the Small Business Act (15 
     U.S.C. 636) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Private Disaster Loans.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `disaster area' means any area for which the 
     President declared a major disaster (as that term is defined 
     in section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122)) that subsequently 
     results in the President making a Small Business Act 
     catastrophic national disaster declaration under subsection 
     (b)(11);
       ``(B) the term `eligible small business concern' means a 
     business concern that is--
       ``(i) a small business concern, as defined in this Act; or
       ``(ii) a small business concern, as defined in section 103 
     of the Small Business Investment Act of 1958; and
       ``(C) the term `qualified private lender' means any 
     privately-owned bank or other

[[Page S14515]]

     lending institution that the Administrator determines meets 
     the criteria established under paragraph (9).
       ``(2) Authorization.--The Administrator may guarantee 
     timely payment of principal and interest, as scheduled on any 
     loan issued by a qualified private lender to an eligible 
     small business concern located in a disaster area.
       ``(3) Use of loans.--A loan guaranteed by the Administrator 
     under this subsection may be used for any purpose authorized 
     under subsection (b).
       ``(4) Online applications.--
       ``(A) Establishment.--The Administrator may establish, 
     directly or through an agreement with another entity, an 
     online application process for loans guaranteed under this 
     subsection.
       ``(B) Other federal assistance.--The Administrator may 
     coordinate with the head of any other appropriate Federal 
     agency so that any application submitted through an online 
     application process established under this paragraph may be 
     considered for any other Federal assistance program for 
     disaster relief.
       ``(C) Consultation.--In establishing an online application 
     process under this paragraph, the Administrator shall consult 
     with appropriate persons from the public and private sectors, 
     including private lenders.
       ``(5) Maximum amounts.--
       ``(A) Guarantee percentage.--The Administrator may 
     guarantee not more than 85 percent of a loan under this 
     subsection.
       ``(B) Loan amounts.--The maximum amount of a loan 
     guaranteed under this subsection shall be $2,000,000.
       ``(6) Loan term.--The longest term of a loan for a loan 
     guaranteed under this subsection shall be--
       ``(A) 15 years for any loan that is issued without 
     collateral; and
       ``(B) 25 years for any loan that is issued with collateral.
       ``(7) Fees.--
       ``(A) In general.--The Administrator may not collect a 
     guarantee fee under this subsection.
       ``(B) Origination fee.--The Administrator may pay a 
     qualified private lender an origination fee for a loan 
     guaranteed under this subsection in an amount agreed upon in 
     advance between the qualified private lender and the 
     Administrator.
       ``(8) Documentation.--A qualified private lender may use 
     its own loan documentation for a loan guaranteed by the 
     Administrator, to the extent authorized by the Administrator. 
     The ability of a lender to use its own loan documentation for 
     a loan guaranteed under this subsection shall not be 
     considered part of the criteria for becoming a qualified 
     private lender under the regulations promulgated under 
     paragraph (9).
       ``(9) Implementation regulations.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the Small Business Disaster Response and Loan 
     Improvements Act of 2007, the Administrator shall issue final 
     regulations establishing permanent criteria for qualified 
     private lenders.
       ``(B) Report to congress.--Not later than 6 months after 
     the date of enactment of the Small Business Disaster Response 
     and Loan Improvements Act of 2007, the Administrator shall 
     submit a report on the progress of the regulations required 
     by subparagraph (A) to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives.
       ``(10) Authorization of appropriations.--
       ``(A) In general.--Amounts necessary to carry out this 
     subsection shall be made available from amounts appropriated 
     to the Administration to carry out subsection (b).
       ``(B) Authority to reduce interest rates.--Funds 
     appropriated to the Administration to carry out this 
     subsection, may be used by the Administrator, to the extent 
     available, to reduce the rate of interest for any loan 
     guaranteed under this subsection by not more than 3 
     percentage points.
       ``(11) Purchase of loans.--The Administrator may enter into 
     an agreement with a qualified private lender to purchase any 
     loan issued under this subsection.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to disasters declared under section 7(b)(2) of 
     the Small Business Act (631 U.S.C. 636(b)(2)) before, on, or 
     after the date of enactment of this Act.

     SEC. 11143. TECHNICAL AND CONFORMING AMENDMENTS.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) in section 4(c)--
       (A) in paragraph (1), by striking ``7(c)(2)'' and inserting 
     ``7(d)(2)''; and
       (B) in paragraph (2)--
       (i) by striking ``7(c)(2)'' and inserting ``7(d)(2)''; and
       (ii) by striking ``7(e),''; and
       (2) in section 7(b), in the undesignated matter following 
     paragraph (3)--
       (A) by striking ``That the provisions of paragraph (1) of 
     subsection (c)'' and inserting ``That the provisions of 
     paragraph (1) of subsection (d)''; and
       (B) by striking ``Notwithstanding the provisions of any 
     other law the interest rate on the Administration's share of 
     any loan made under subsection (b) except as provided in 
     subsection (c),'' and inserting ``Notwithstanding any other 
     provision of law, and except as provided in subsection (d), 
     the interest rate on the Administration's share of any loan 
     made under subsection (b)''.

     SEC. 11144. EXPEDITED DISASTER ASSISTANCE LOAN PROGRAM.

       (a) Definitions.--In this section--
       (1) the term ``immediate disaster assistance'' means 
     assistance provided during the period beginning on the date 
     on which the President makes a Small Business Act 
     catastrophic disaster declaration under paragraph (11) of 
     section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as 
     added by this Act, and ending on the date that an impacted 
     small business concern is able to secure funding through 
     insurance claims, Federal assistance programs, or other 
     sources; and
       (2) the term ``program'' means the expedited disaster 
     assistance business loan program established under subsection 
     (b).
       (b) Creation of Program.--The Administrator shall take such 
     administrative action as is necessary to establish and 
     implement an expedited disaster assistance business loan 
     program to provide small business concerns with immediate 
     disaster assistance under paragraph (11) of section 7(b) of 
     the Small Business Act (15 U.S.C. 636(b)), as added by this 
     Act.
       (c) Consultation Required.--In establishing the program, 
     the Administrator shall consult with--
       (1) appropriate personnel of the Administration (including 
     District Office personnel of the Administration);
       (2) appropriate technical assistance providers (including 
     small business development centers);
       (3) appropriate lenders and credit unions;
       (4) the Committee on Small Business and Entrepreneurship of 
     the Senate; and
       (5) the Committee on Small Business of the House of 
     Representatives.
       (d) Rules.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall issue rules in 
     final form establishing and implementing the program in 
     accordance with this section. Such rules shall apply as 
     provided for in this section, beginning 90 days after their 
     issuance in final form.
       (2) Contents.--The rules promulgated under paragraph (1) 
     shall--
       (A) identify whether appropriate uses of funds under the 
     program may include--
       (i) paying employees;
       (ii) paying bills and other financial obligations;
       (iii) making repairs;
       (iv) purchasing inventory;
       (v) restarting or operating a small business concern in the 
     community in which it was conducting operations prior to the 
     declared disaster, or to a neighboring area, county, or 
     parish in the disaster area; or
       (vi) covering additional costs until the small business 
     concern is able to obtain funding through insurance claims, 
     Federal assistance programs, or other sources; and
       (B) set the terms and conditions of any loan made under the 
     program, subject to paragraph (3).
       (3) Terms and conditions.--A loan made by the 
     Administration under this section--
       (A) shall be for not more than $150,000;
       (B) shall be a short-term loan, not to exceed 180 days, 
     except that the Administrator may extend such term as the 
     Administrator determines necessary or appropriate on a case-
     by-case basis;
       (C) shall have an interest rate not to exceed 1 percentage 
     point above the prime rate of interest that a private lender 
     may charge;
       (D) shall have no prepayment penalty;
       (E) may only be made to a borrower that meets the 
     requirements for a loan under section 7(b) of the Small 
     Business Act (15 U.S.C. 636(b));
       (F) may be refinanced as part of any subsequent disaster 
     assistance provided under section 7(b) of the Small Business 
     Act;
       (G) may receive expedited loss verification and loan 
     processing, if the applicant is--
       (i) a major source of employment in the disaster area 
     (which shall be determined in the same manner as under 
     section 7(b)(3)(B) of the Small Business Act (15 U.S.C. 
     636(b)(3)(B))); or
       (ii) vital to recovery efforts in the region (including 
     providing debris removal services, manufactured housing, or 
     building materials); and
       (H) shall be subject to such additional terms as the 
     Administrator determines necessary or appropriate.
       (e) Report to Congress.--Not later than 5 months after the 
     date of enactment of this Act, the Administrator shall report 
     to the Committee on Small Business and Entrepreneurship of 
     the Senate and the Committee on Small Business of the House 
     of Representatives on the progress of the Administrator in 
     establishing the program.
       (f) Authorization.--There are authorized to be appropriated 
     to the Administrator such sums as are necessary to carry out 
     this section.

     SEC. 11145. HUBZONES.

       (a) In General.--Section 3(p) of the Small Business Act (15 
     U.S.C. 632(p)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D), by striking ``or'';
       (B) in subparagraph (E), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(F) areas in which the President has declared a major 
     disaster (as that term is defined in section 102 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122)) as a result of Hurricane Katrina of 
     August 2005 or Hurricane Rita of September 2005, during the 
     time period described in paragraph (8); or

[[Page S14516]]

       ``(G) Small Business Act catastrophic national disaster 
     areas.'';
       (2) in paragraph (4), by adding at the end the following:
       ``(E) Small business act catastrophic national disaster 
     area.--
       ``(i) In general.--The term `Small Business Act 
     catastrophic national disaster area' means an area--

       ``(I) affected by a Small Business Act catastrophic 
     national disaster declared under section 7(b)(11), during the 
     time period described in clause (ii); and
       ``(II) for which the Administrator determines that 
     designation as a HUBZone would substantially contribute to 
     the reconstruction and recovery effort in that area.

       ``(ii) Time period.--The time period for the purposes of 
     clause (i)--

       ``(I) shall be the 2-year period beginning on the date that 
     the applicable Small Business Act catastrophic national 
     disaster was declared under section 7(b)(11); and
       ``(II) may, at the discretion of the Administrator, be 
     extended to be the 3-year period beginning on the date 
     described in subclause (I).''; and

       (3) by adding at the end the following:
       ``(8) Time period.--The time period for the purposes of 
     paragraph (1)(F)--
       ``(A) shall be the 2-year period beginning on the later of 
     the date of enactment of this paragraph and August 29, 2007; 
     and
       ``(B) may, at the discretion of the Administrator, be 
     extended to be the 3-year period beginning on the later of 
     the date of enactment of this paragraph and August 29, 
     2007.''.
       (b) Tolling of Graduation.--Section 7(j)(10)(C) of the 
     Small Business Act (15 U.S.C. 636(j)(10)(C)) is amended by 
     adding at the end the following:
       ``(iii)(I) For purposes of this subparagraph, if the 
     Administrator designates an area as a HUBZone under section 
     3(p)(4)(E)(i)(II), the Administrator shall not count the time 
     period described in subclause (II) of this clause for any 
     small business concern--
       ``(aa) that is participating in any program, activity, or 
     contract under section 8(a); and
       ``(bb) the principal place of business of which is located 
     in that area.
       ``(II) The time period for purposes of subclause (I)--
       ``(aa) shall be the 2-year period beginning on the date 
     that the applicable Small Business Act catastrophic national 
     disaster was declared under section 7(b)(11); and
       ``(bb) may, at the discretion of the Administrator, be 
     extended to be the 3-year period beginning on the date 
     described in item (aa).''.
       (c) Study of HUBZone Disaster Areas.--Not later than 1 year 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall submit a report to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives evaluating the designation by the 
     Administrator of Small Business Act catastrophic national 
     disaster areas, as that term is defined in section 3(p)(4)(E) 
     of the Small Business Act (as added by this Act), as 
     HUBZones.

                PART III--DISASTER ASSISTANCE OVERSIGHT

     SEC. 11161. CONGRESSIONAL OVERSIGHT.

       (a) Monthly Accounting Report to Congress.--
       (1) Reporting requirements.--Not later than the fifth 
     business day of each month during the applicable period for a 
     major disaster, the Administrator shall provide to the 
     Committee on Small Business and Entrepreneurship and the 
     Committee on Appropriations of the Senate and to the 
     Committee on Small Business and the Committee on 
     Appropriations of the House of Representatives a report on 
     the operation of the disaster loan program authorized under 
     section 7 of the Small Business Act (15 U.S.C. 636) for that 
     major disaster during the preceding month.
       (2) Contents.--Each report under paragraph (1) shall 
     include--
       (A) the daily average lending volume, in number of loans 
     and dollars, and the percent by which each category has 
     increased or decreased since the previous report under 
     paragraph (1);
       (B) the weekly average lending volume, in number of loans 
     and dollars, and the percent by which each category has 
     increased or decreased since the previous report under 
     paragraph (1);
       (C) the amount of funding spent over the month for loans, 
     both in appropriations and program level, and the percent by 
     which each category has increased or decreased since the 
     previous report under paragraph (1);
       (D) the amount of funding available for loans, both in 
     appropriations and program level, and the percent by which 
     each category has increased or decreased since the previous 
     report under paragraph (1), noting the source of any 
     additional funding;
       (E) an estimate of how long the available funding for such 
     loans will last, based on the spending rate;
       (F) the amount of funding spent over the month for staff, 
     along with the number of staff, and the percent by which each 
     category has increased or decreased since the previous report 
     under paragraph (1);
       (G) the amount of funding spent over the month for 
     administrative costs, and the percent by which such spending 
     has increased or decreased since the previous report under 
     paragraph (1);
       (H) the amount of funding available for salaries and 
     expenses combined, and the percent by which such funding has 
     increased or decreased since the previous report under 
     paragraph (1), noting the source of any additional funding; 
     and
       (I) an estimate of how long the available funding for 
     salaries and expenses will last, based on the spending rate.
       (b) Daily Disaster Updates to Congress for Presidentially 
     Declared Disasters.--
       (1) In general.--Each day during a disaster update period, 
     excluding Federal holidays and weekends, the Administration 
     shall provide to the Committee on Small Business and 
     Entrepreneurship of the Senate and to the Committee on Small 
     Business of the House of Representatives a report on the 
     operation of the disaster loan program of the Administration 
     for the area in which the President declared a major 
     disaster.
       (2) Contents.--Each report under paragraph (1) shall 
     include--
       (A) the number of Administration staff performing loan 
     processing, field inspection, and other duties for the 
     declared disaster, and the allocations of such staff in the 
     disaster field offices, disaster recovery centers, workshops, 
     and other Administration offices nationwide;
       (B) the daily number of applications received from 
     applicants in the relevant area, as well as a breakdown of 
     such figures by State;
       (C) the daily number of applications pending application 
     entry from applicants in the relevant area, as well as a 
     breakdown of such figures by State;
       (D) the daily number of applications withdrawn by 
     applicants in the relevant area, as well as a breakdown of 
     such figures by State;
       (E) the daily number of applications summarily declined by 
     the Administration from applicants in the relevant area, as 
     well as a breakdown of such figures by State;
       (F) the daily number of applications declined by the 
     Administration from applicants in the relevant area, as well 
     as a breakdown of such figures by State;
       (G) the daily number of applications in process from 
     applicants in the relevant area, as well as a breakdown of 
     such figures by State;
       (H) the daily number of applications approved by the 
     Administration from applicants in the relevant area, as well 
     as a breakdown of such figures by State;
       (I) the daily dollar amount of applications approved by the 
     Administration from applicants in the relevant area, as well 
     as a breakdown of such figures by State;
       (J) the daily amount of loans dispersed, both partially and 
     fully, by the Administration to applicants in the relevant 
     area, as well as a breakdown of such figures by State;
       (K) the daily dollar amount of loans disbursed, both 
     partially and fully, from the relevant area, as well as a 
     breakdown of such figures by State;
       (L) the number of applications approved, including dollar 
     amount approved, as well as applications partially and fully 
     disbursed, including dollar amounts, since the last report 
     under paragraph (1); and
       (M) the declaration date, physical damage closing date, 
     economic injury closing date, and number of counties included 
     in the declaration of a major disaster.
       (c) Notice of the Need for Supplemental Funds.--On the same 
     date that the Administrator notifies any committee of the 
     Senate or the House of Representatives that supplemental 
     funding is necessary for the disaster loan program of the 
     Administration in any fiscal year, the Administrator shall 
     notify in writing the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives regarding the need 
     for supplemental funds for that loan program.
       (d) Report on Contracting.--
       (1) In general.--Not later than 6 months after the date on 
     which the President declares a major disaster, and every 6 
     months thereafter until the date that is 18 months after the 
     date on which the major disaster was declared, the 
     Administrator shall submit a report to the Committee on Small 
     Business and Entrepreneurship of the Senate and to the 
     Committee on Small Business of the House of Representatives 
     regarding Federal contracts awarded as a result of that major 
     disaster.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) the total number of contracts awarded as a result of 
     that major disaster;
       (B) the total number of contracts awarded to small business 
     concerns as a result of that major disaster;
       (C) the total number of contracts awarded to women and 
     minority-owned businesses as a result of that major disaster; 
     and
       (D) the total number of contracts awarded to local 
     businesses as a result of that major disaster.
       (e) Report on Loan Approval Rate.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator shall submit a 
     report to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives detailing how the 
     Administration can improve the processing of applications 
     under the disaster loan program of the Administration.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) recommendations, if any, regarding--
       (i) staffing levels during a major disaster;
       (ii) how to improve the process for processing, approving, 
     and disbursing loans under

[[Page S14517]]

     the disaster loan program of the Administration, to ensure 
     that the maximum assistance is provided to victims in a 
     timely manner;
       (iii) the viability of using alternative methods for 
     assessing the ability of an applicant to repay a loan, 
     including the credit score of the applicant on the day before 
     the date on which the disaster for which the applicant is 
     seeking assistance was declared;
       (iv) methods, if any, for the Administration to expedite 
     loss verification and loan processing of disaster loans 
     during a major disaster for businesses affected by, and 
     located in the area for which the President declared, the 
     major disaster that are a major source of employment in the 
     area or are vital to recovery efforts in the region 
     (including providing debris removal services, manufactured 
     housing, or building materials);
       (v) legislative changes, if any, needed to implement 
     findings from the Accelerated Disaster Response Initiative of 
     the Administration; and
       (vi) a description of how the Administration plans to 
     integrate and coordinate the response to a major disaster 
     with the technical assistance programs of the Administration; 
     and
       (B) the plans of the Administrator for implementing any 
     recommendation made under subparagraph (A).
                                 ______
                                 
  SA 3697. Mr. WYDEN (for himself, Mr. Alexander, Mr. Kerry, Mr. 
Feingold, Mr. Bingaman, Mr. Sununu, Mr. Dodd, Ms. Stabenow, Mr. Biden, 
Ms. Cantwell, Mrs. Murray, Ms. Snowe, Mr. Gregg, Mr. Baucus, 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:

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

     SEC. 82___. PREVENTION OF ILLEGAL LOGGING PRACTICES.

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

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

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

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

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

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

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

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

       ``(B) Public participation.--In conducting the review under 
     paragraph (4), the Secretary shall provide public notice and 
     an opportunity for comment.
       ``(6) Promulgation of regulations.--Not later than 180 days 
     after the date on which the Secretary completes the review 
     under paragraph (4), the Secretary may promulgate 
     regulations--
       ``(A) to limit the applicability of any requirement 
     described in paragraph (2) to specific plant products;
       ``(B) to make any other necessary modification to any 
     requirement described in paragraph (2), as determined by the 
     Secretary based on the review under paragraph (4); and
       ``(C) to limit the scope of the exclusions under paragraph 
     (3) if the Secretary determines, based on the review under 
     paragraph (4), that the limitations in scope are 
     warranted.'';
       (3) in section 4 (16 U.S.C. 3373)--
       (A) by striking ``subsections (b) and (d)'' each place it 
     appears and inserting ``subsections (b), (d), and (f)'';
       (B) by striking ``section 3(d)'' each place it appears and 
     inserting ``subsection (d) or (f) of section 3''; and
       (C) in subsection (a)(2), by striking ``subsection 3(b)'' 
     and inserting ``subsection (b) or subsection (f) of section 
     3, except as provided in paragraph (1),'';
       (4) by adding at the end of section 5 (16 U.S.C. 3374) the 
     following:
       ``(d) Civil Forfeitures.--Civil forfeitures under this 
     section shall be governed by the provisions of chapter 46 of 
     title 18, United States Code.''; and
       (5) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking 
     ``section 4'' and inserting ``section 3(f), section 4,''.
       (b) Technical Correction.--
       (1) In general.--Section 102(c) of Public Law 100-653 (102 
     Stat. 3825) is amended by striking ``(other than section 
     3(b))'' and inserting ``(other than subsection 3(b))''.

[[Page S14518]]

       (2) Effective date.--The amendment made by paragraph (1) 
     takes effect on November 14, 1988.
                                 ______
                                 
  SA 3698. 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. ___. PREVENTION OF ILLEGAL LOGGING PRACTICES.

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

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

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

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

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

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

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

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

       ``(B) Public participation.--In conducting the review under 
     paragraph (4), the Secretary shall provide public notice and 
     an opportunity for comment.
       ``(6) Promulgation of regulations.--Not later than 180 days 
     after the date on which the Secretary completes the review 
     under paragraph (4), the Secretary may promulgate 
     regulations--
       ``(A) to limit the applicability of any requirement 
     described in paragraph (2) to specific plant products;
       ``(B) to make any other necessary modification to any 
     requirement described in paragraph (2), as determined by the 
     Secretary based on the review under paragraph (4); and
       ``(C) to limit the scope of the exclusions under paragraph 
     (3) if the Secretary determines, based on the review under 
     paragraph (4), that the limitations in scope are 
     warranted.'';
       (3) in section 4 (16 U.S.C. 3373)--
       (A) by striking ``subsections (b) and (d)'' each place it 
     appears and inserting ``subsections (b), (d), and (f)'';
       (B) by striking ``section 3(d)'' each place it appears and 
     inserting ``subsection (d) or (f) of section 3''; and
       (C) in subsection (a)(2), by striking ``subsection 3(b)'' 
     and inserting ``subsection (b) or subsection (f) of section 
     3, except as provided in paragraph (1),'';
       (4) by adding at the end of section 5 (16 U.S.C. 3374) the 
     following:
       ``(d) Civil Forfeitures.--Civil forfeitures under this 
     section shall be governed by the provisions of chapter 46 of 
     title 18, United States Code.''; and
       (5) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking 
     ``section 4'' and inserting ``section 3(f), section 4,''.
       (b) Technical Correction.--
       (1) In general.--Section 102(c) of Public Law 100-653 (102 
     Stat. 3825) is amended by striking ``(other than section 
     3(b))'' and inserting ``(other than subsection 3(b))''.
       (2) Effective date.--The amendment made by paragraph (1) 
     takes effect on November 14, 1988.
                                 ______
                                 
  SA 3699. Mr. LEAHY 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. 4___. INFRASTRUCTURE AND TRANSPORTATION GRANTS TO 
                   SUPPORT RURAL FOOD BANK DELIVERY OF HEALTHY 
                   PERISHABLE FOODS.

       (a) Purpose.--The purpose of this section is to provide 
     grants to State and local food banks and other emergency 
     feeding organizations (as defined in section 201A of the 
     Emergency Food Assistance Act of 1983 (7 U.S.C. 7501))--
       (1) to support and expand the efforts of food banks 
     operating in rural areas to procure and transport highly 
     perishable and healthy food;
       (2) to improve identification of potential providers of 
     donated food and to enhance the nonprofit food donation 
     system, particularly in and for rural areas; and
       (3) to support the procurement of locally produced food 
     from small and family farms and ranches for distribution to 
     needy people.
       (b) Definition of Time-Sensitive Food Product.--
       (1) In general.--In this section, the term ``time-sensitive 
     food product'' means a fresh,

[[Page S14519]]

     raw, or processed food with a short time limitation for safe 
     and acceptable consumption, as determined by the Secretary.
       (2) Inclusions.--The term ``time-sensitive food product'' 
     includes--
       (A) fruits;
       (B) vegetables;
       (C) dairy products;
       (D) meat;
       (E) fish; and
       (F) poultry.
       (c) Grant Program.--
       (1) In general.--The Secretary shall establish a program 
     under which the Secretary shall provide grants, on a 
     competitive basis, to expand the capacity and infrastructure 
     of food banks, statewide food bank associations, and regional 
     food bank collboratives that operate in rural areas to 
     improve the capacity of the food banks to receive, store, 
     distribute, track, collect, and deliver time-sensitive food 
     products made available from national and local food donors.
       (2) Maximum amount.--The maximum amount of a grant provided 
     under this subsection shall be not more than $1,000,000 for a 
     fiscal year.
       (3) Use of funds.--A food bank may use a grant provided 
     under this section for--
       (A) the development and maintenance of a computerized 
     system for the tracking of time-sensitive food products;
       (B) capital, infrastructure, and operating costs associated 
     with--
       (i) the collection and transportation of time-sensitive 
     food products; or
       (ii) the storage and distribution of time-sensitive food 
     products;
       (C) improving the security and diversity of the emergency 
     food distribution and recovery systems of the United States 
     through the support of--
       (i) small, midsize, or family farms and ranches;
       (ii) fisheries and aquaculture; and
       (iii) donations from local food producers and manufacturers 
     to persons in need;
       (D) providing recovered healthy foods to food banks and 
     similar nonprofit emergency food providers to reduce hunger 
     in the United States; and
       (E) improving the identification of--
       (i) potential providers of donated foods;
       (ii) potential nonprofit emergency food providers; and
       (iii) persons in need of emergency food assistance in rural 
     areas.
       (d) Audits.--The Secretary shall establish fair and 
     reasonable procedures to audit the use of funds made 
     available to carry out this section.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2008 through 2012.
                                 ______
                                 
  SA 3700. Mr. ROBERTS 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 add the following:

           Subtitle G--Kansas Disaster Tax Relief Assistance

     SEC. 12701. TEMPORARY TAX RELIEF FOR KIOWA COUNTY, KANSAS AND 
                   SURROUNDING AREA.

       The following provisions of or relating to the Internal 
     Revenue Code of 1986 shall apply, in addition to the areas 
     described in such provisions, to an area with respect to 
     which a major disaster has been declared by the President 
     under section 401 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (FEMA-1699-DR, as in effect on 
     the date of the enactment of this Act) by reason of severe 
     storms and tornados beginning on May 4, 2007, and determined 
     by the President to warrant individual or individual and 
     public assistance from the Federal Government under such Act 
     with respect to damages attributed to such storms and 
     tornados:
       (1) Suspension of certain limitations on personal casualty 
     losses.--Section 1400S(b)(1) of the Internal Revenue Code of 
     1986, by substituting ``May 4, 2007'' for ``August 25, 
     2005''.
       (2) Extension of replacement period for nonrecognition of 
     gain.--Section 405 of the Katrina Emergency Tax Relief Act of 
     2005, by substituting ``on or after May 4, 2007, by reason of 
     the May 4, 2007, storms and tornados'' for ``on or after 
     August 25, 2005, by reason of Hurricane Katrina''.
       (3) Employee retention credit for employers affected by may 
     4 storms and tornados.--Section 1400R(a) of the Internal 
     Revenue Code of 1986--
       (A) by substituting ``May 4, 2007'' for ``August 28, 2005'' 
     each place it appears,
       (B) by substituting ``January 1, 2008'' for ``January 1, 
     2006'' both places it appears, and
       (C) only with respect to eligible employers who employed an 
     average of not more than 200 employees on business days 
     during the taxable year before May 4, 2007.
       (4) Special allowance for certain property acquired on or 
     after may 5, 2007.--Section 1400N(d) of such Code--
       (A) by substituting ``qualified Recovery Assistance 
     property'' for ``qualified Gulf Opportunity Zone property'' 
     each place it appears,
       (B) by substituting ``May 5, 2007'' for ``August 28, 2005'' 
     each place it appears,
       (C) by substituting ``December 31, 2008'' for ``December 
     31, 2007'' in paragraph (2)(A)(v),
       (D) by substituting ``December 31, 2009'' for ``December 
     31, 2008'' in paragraph (2)(A)(v),
       (E) by substituting ``May 4, 2007'' for ``August 27, 2005'' 
     in paragraph (3)(A),
       (F) by substituting ``January 1, 2009'' for ``January 1, 
     2008'' in paragraph (3)(B), and
       (G) determined without regard to paragraph (6) thereof.
       (5) Increase in expensing under section 179.--Section 
     1400N(e) of such Code, by substituting ``qualified section 
     179 Recovery Assistance property'' for ``qualified section 
     179 Gulf Opportunity Zone property'' each place it appears.
       (6) Expensing for certain demolition and clean-up costs.--
     Section 1400N(f) of such Code--
       (A) by substituting ``qualified Recovery Assistance clean-
     up cost'' for ``qualified Gulf Opportunity Zone clean-up 
     cost'' each place it appears, and
       (B) by substituting ``beginning on May 4, 2007, and ending 
     on December 31, 2009'' for ``beginning on August 28, 2005, 
     and ending on December 31, 2007'' in paragraph (2) thereof.
       (7) Treatment of public utility property disaster losses.--
     Section 1400N(o) of such Code.
       (8) Treatment of net operating losses attributable to storm 
     losses.--Section 1400N(k) of such Code--
       (A) by substituting ``qualified Recovery Assistance loss'' 
     for ``qualified Gulf Opportunity Zone loss'' each place it 
     appears,
       (B) by substituting ``after May 3, 2007, and before on 
     January 1, 2010'' for ``after August 27, 2005, and before 
     January 1, 2008'' each place it appears,
       (C) by substituting ``May 4, 2007'' for ``August 28, 2005'' 
     in paragraph (2)(B)(ii)(I) thereof,
       (D) by substituting ``qualified Recovery Assistance 
     property'' for ``qualified Gulf Opportunity Zone property'' 
     in paragraph (2)(B)(iv) thereof, and
       (E) by substituting ``qualified Recovery Assistance 
     casualty loss'' for ``qualified Gulf Opportunity Zone 
     casualty loss'' each place it appears.
       (9) Treatment of representations regarding income 
     eligibility for purposes of qualified rental project 
     requirements.--Section 1400N(n) of such Code.
       (10) Special rules for use of retirement funds.--Section 
     1400Q of such Code--
       (A) by substituting ``qualified Recovery Assistance 
     distribution'' for ``qualified hurricane distribution'' each 
     place it appears,
       (B) by substituting ``on or after May 4, 2007, and before 
     January 1, 2009'' for ``on or after August 25, 2005, and 
     before January 1, 2007'' in subsection (a)(4)(A)(i),
       (C) by substituting ``qualified storm distribution'' for 
     ``qualified Katrina distribution'' each place it appears,
       (D) by substituting ``after November 4, 2006, and before 
     May 5, 2007'' for ``after February 28, 2005, and before 
     August 29, 2005'' in subsection (b)(2)(B)(ii),
       (E) by substituting ``beginning on May 4, 2007, and ending 
     on November 5, 2007'' for ``beginning on August 25, 2005, and 
     ending on February 28, 2006'' in subsection (b)(3)(A),
       (F) by substituting ``qualified storm individual'' for 
     ``qualified Hurricane Katrina individual'' each place it 
     appears,
       (G) by substituting ``December 31, 2007'' for ``December 
     31, 2006'' in subsection (c)(2)(A),
       (H) by substituting ``beginning on June 4, 2007, and ending 
     on December 31, 2007'' for ``beginning on September 24, 2005, 
     and ending on December 31, 2006'' in subsection (c)(4)(A)(i),
       (I) by substituting ``May 4, 2007'' for ``August 25, 2005'' 
     in subsection (c)(4)(A)(ii), and
       (J) by substituting ``January 1, 2008'' for ``January 1, 
     2007'' in subsection (d)(2)(A)(ii).
                                 ______
                                 
  SA 3701. Mr. KYL (for himself and 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 1072, after line 25, add the following:

     SEC. 8203. STEWARDSHIP END-RESULT CONTRACTING PROJECTS.

       Section 8 of the Cooperative Forestry Assistance Act of 
     1978 (16 U.S.C. 2104) is amended--
       (1) by redesignating subsection (h) as subsection (j) and 
     moving that subsection so as to appear at the end of the 
     section; and
       (2) by inserting after subsection (g) the following:
       ``(h) Cancellation or Termination Costs.--
       ``(1) In general.--Notwithstanding section 304B of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 254c), the Secretary shall not obligate funds to cover 
     the cost of cancelling a Forest Service stewardship multiyear 
     contract under section 347 of the Department of the Interior 
     and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 
     note; section 101(e) of division A of Public Law 105-277) 
     until the contract is cancelled.
       ``(2) Cost of cancellation or termination.--The costs of 
     any cancellation or termination of a multiyear stewardship 
     contract may be paid from any appropriations that are made 
     available to the Forest Service.
       ``(3) Anti-deficiency act violations.--In a case in which 
     payment or obligation of funds

[[Page S14520]]

     under this subsection would constitute a violation of section 
     1341 of title 31, United States Code (commonly known as the 
     `Anti-Deficiency Act'), the Secretary shall seek a 
     supplemental appropriation.''.

       On page 1237, strike lines 9 through 18 and insert the 
     following:
       ``(B) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $10,000,000 for each of fiscal years 2008 through 2012.''.
                                 ______
                                 
  SA 3702. Ms. SNOWE (for herself and Mr. Craig) submitted an amendment 
intended to be proposed by her to the bill H.R. 2419, to provide for 
the continuation of agricultural programs through fiscal year 2012, and 
for other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 11___. OVERSIGHT OF NATIONAL AQUATIC ANIMAL HEALTH PLAN.

       (a) Definitions.--In this section:
       (1) Advisory committee.--The term ``advisory committee'' 
     means the General Advisory Committee for Oversight of 
     National Aquatic Animal Health established under subsection 
     (b)(1).
       (2) Plan.--The term ``plan'' means the national aquatic 
     animal health plan developed by the National Aquatic Animal 
     Health Task Force, composed of representatives of the 
     Department of Agriculture, the Department of Commerce 
     (including the National Oceanic and Atmospheric 
     Administration), and the Department of the Interior 
     (including the United States Fish and Wildlife Service).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Administrator of the 
     Animal and Plant Health Inspection Service.
       (b) General Advisory Committee for Oversight of National 
     Aquatic Animal Health.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary, in consultation with 
     States and the private sector, shall establish an advisory 
     committee, to be known as the ``General Advisory Committee 
     for Oversight of National Aquatic Animal Health''.
       (2) Membership.--
       (A) Composition.--The advisory committee shall--
       (i) be composed equally of representatives of--

       (I) State and tribal governments; and
       (II) commercial aquaculture interests; and

       (ii) consist of not more than 20 members, to be appointed 
     by the Secretary, of whom--

       (I) not less than 3 shall be representatives of Federal 
     departments or agencies;
       (II) not less than 6 shall be representatives of State or 
     tribal governments that elect to participate in the plan 
     under subsection (d);
       (III) not less than 6 shall be representatives of affected 
     commercial aquaculture interests; and
       (IV) not less than 2 shall be aquatic animal health 
     experts, as determined by the Secretary.

       (B) Nominations.--The Secretary shall publish in the 
     Federal Register a solicitation for, and may accept, 
     nominations for members of the advisory committee from 
     appropriate entities, as determined by the Secretary.
       (c) Recommendations.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the advisory committee shall develop 
     and submit to the Secretary recommendations regarding--
       (A) the establishment and membership of appropriate expert 
     and representative commissions to efficiently implement and 
     administer the plan;
       (B) disease- and species-specific best management practices 
     relating to activities carried out under the plan; and
       (C) the establishment and administration of the 
     indemnification fund under subsection (e).
       (2) Factors for consideration.--In developing 
     recommendations under paragraph (1), the advisory committee 
     shall take into consideration all emergency aquaculture-
     related projects that have been or are being carried out 
     under the plan as of the date of submission of the 
     recommendations.
       (3) Regulations.--After consideration of the 
     recommendations submitted under this subsection, the 
     Secretary shall promulgate regulations to establish a 
     national aquatic animal health improvement program, in 
     accordance with the Animal Health Protection Act (7 U.S.C. 
     8301 et seq.).
       (d) Participation by State and Tribal Governments and 
     Private Sector.--
       (1) In general.--Any State or tribal government, and any 
     entity in the private sector, may elect to participate in the 
     plan.
       (2) Duties.--On election by a State or tribal government or 
     entity in the private sector to participate in the plan under 
     paragraph (1), the State or tribal government or entity 
     shall--
       (A) submit to the Secretary--
       (i) a notification of the election; and
       (ii) nominations for members of the advisory committee, as 
     appropriate; and
       (B) as a condition of participation, enter into an 
     agreement with the Secretary under which the State or tribal 
     government or entity--
       (i) assumes responsibility for a portion of the non-Federal 
     share of the costs of carrying out the plan, as described in 
     paragraph (3); and
       (ii) agrees to act in accordance with applicable disease- 
     and species-specific best management practices relating to 
     activities carried out under the plan by the State or tribal 
     government or entity, as the Secretary determines to be 
     appropriate.
       (3) Non-federal share.--
       (A) In general.--Subject to subparagraph (B), the non-
     Federal share of the cost of carrying out the plan--
       (i) shall be determined--

       (I) by the Secretary, in consultation with the advisory 
     committee; and
       (II) on a case-by-case basis for each project carried out 
     under the plan; and

       (ii) may be provided by State and tribal governments and 
     entities in the private sector in cash or in-kind.
       (B) Deposits into indemnification fund.--The non-Federal 
     share of amounts in the indemnification fund provided by each 
     State or tribal government or entity in the private sector 
     shall be--
       (i) zero with respect to the initial deposit into the fund; 
     and
       (ii) determined on a case-by-case basis for each project 
     carried out under the plan.
       (e) Indemnification Fund.--
       (1) Establishment.--The Secretary, in consultation with the 
     advisory committee, shall establish a fund, to be known as 
     the ``indemnification fund'', consisting of such amounts as 
     are initially deposited into the fund by the Secretary under 
     subsection (g)(1).
       (2) Uses.--The Secretary shall use amounts in the 
     indemnification fund only to compensate aquatic farmers--
       (A) the entire inventory of livestock or gametes of which 
     is eradicated as a result of a disease control or eradication 
     measure carried out under the plan; or
       (B) for the cost of disinfecting, destruction, and cleaning 
     products or equipment in response to a depopulation order 
     carried out under the plan.
       (3) Unused amounts.--Amounts remaining in the 
     indemnification fund on September 30 of the fiscal year for 
     which the amounts were appropriated--
       (A) shall remain in the fund;
       (B) may be used in any subsequent fiscal year in accordance 
     with paragraph (2); and
       (C) shall not be reprogrammed by the Secretary for any 
     other use.
       (f) Review.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the advisory committee, shall review, and submit to Congress 
     a report regarding--
       (1) activities carried out under the plan during the 
     preceding 2 years;
       (2) activities carried out by the advisory committee; and
       (3) recommendations for funding for subsequent fiscal years 
     to carry out this section.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 for 
     each of fiscal years 2008 and 2009, of which--
       (1) not less than 50 percent shall be deposited into the 
     indemnification fund established under subsection (e) for use 
     in accordance with that subsection; and
       (2) not more than 50 percent shall be used for the costs of 
     carrying out the plan, including the costs of--
       (A) administration of the plan;
       (B) implementation of the plan;
       (C) training and laboratory testing;
       (D) cleaning and disinfection associated with depopulation 
     orders; and
       (E) public education and outreach activities.
                                 ______
                                 
  SA 3703. 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:

       Beginning on page 1363, strike line 7 and all that follows 
     through page 1395, line 19 and insert the following:

     Subtitle A--Individuals With Disabilities Education Trust Fund

     SEC. 12101. ASSISTANCE FOR EDUCATING INDIVIDUALS WITH 
                   DISABILITIES.

       The Trade Act of 1974 (19 U.S.C. 2101 et seq.) is amended 
     by adding at the end the following:

   ``TITLE IX--ASSISTANCE FOR EDUCATING INDIVIDUALS WITH DISABILITIES

     ``SEC. 901. INDIVIDUALS WITH DISABILITIES EDUCATION TRUST 
                   FUND.

       ``(a) Creation of Trust Fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     `Individuals with Disabilities Education Trust Fund', 
     consisting of such amounts as may be appropriated or credited 
     to such Trust Fund as provided in this section.
       ``(b) Transfer to Trust Fund.--
       ``(1) In general.--There are appropriated to the 
     Individuals with Disabilities Education Trust Fund amounts 
     equivalent to 3.34 percent of the amounts received in the 
     general fund of the Treasury of the United States during 
     fiscal years 2008 through 2012 attributable to the duties 
     collected on articles entered, or withdrawn from warehouse, 
     for consumption under the Harmonized Tariff Schedule of the 
     United States.
       ``(2) Amounts based on estimates.--The amounts appropriated 
     under this section shall be transferred at least monthly from 
     the general fund of the Treasury of the United States to the 
     Individuals with Disabilities Education Trust Fund on the 
     basis

[[Page S14521]]

     of estimates made by the Secretary of the Treasury. Proper 
     adjustments shall be made in the amounts subsequently 
     transferred to the extent prior estimates were in excess of 
     or less than the amounts required to be transferred.
       ``(c) Reports.--The Secretary of the Treasury shall be the 
     trustee of the Individuals with Disabilities Education Trust 
     Fund and shall submit an annual report to Congress each year 
     on the financial condition and the results of the operations 
     of such Trust Fund during the preceding fiscal year and on 
     its expected condition and operations during the 5 fiscal 
     years succeeding such fiscal year. Such report shall be 
     printed as a House document of the session of Congress to 
     which the report is made.
       ``(d) Expenditures From Trust Fund.--Amounts in the 
     Individuals with Disabilities Education Trust Fund shall be 
     available to the Secretary of Education to carry out part B 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1411 et seq.).
       ``(e) Authority to Borrow.--
       ``(1) In general.--There are authorized to be appropriated, 
     and are appropriated, to the Individuals with Disabilities 
     Education Trust Fund, as repayable advances, such sums as may 
     be necessary to carry out the purposes of such Trust Fund.
       ``(2) Repayment of advances.--
       ``(A) In general.--Advances made to the Individuals with 
     Disabilities Education Trust Fund shall be repaid, and 
     interest on such advances shall be paid, to the general fund 
     of the Treasury when the Secretary determines that moneys are 
     available for such purposes in such Trust Fund.
       ``(B) Rate of interest.--Interest on advances made pursuant 
     to this subsection shall be--
       ``(i) at a rate determined by the Secretary of the Treasury 
     (as of the close of the calendar month preceding the month in 
     which the advance is made) to be equal to the current average 
     market yield on outstanding marketable obligations of the 
     United States with remaining periods to maturity comparable 
     to the anticipated period during which the advance will be 
     outstanding, and
       ``(ii) compounded annually.''.
                                 ______
                                 
  SA 3704. 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:

       On page 20, line 11, strike ``pulse crops,''.
       On page 21, line 23, strike ``camelina,''.
       On page 23, strike lines 7 through 9.
       On page 24, strike lines 18 and 19.
       On page 24, line 20, strike ``(D)'' and insert ``(C)''.
       On page 26, strike lines 6 through 10.
       On page 26, line 6, strike ``(E)'' and insert ``(D)''.
       Beginning on page 27, strike line 12 and all that follows 
     through page 29, line 20.
       On page 29, line 24, strike ``(other than pulse crops)''.
       On page 35, strike lines 8 through 13.
       On page 85, strike lines 4 and 5.
       On page 85, line 6, strike ``(D)'' and insert ``(C)''.
       On page 86, strike lines 18 through 22.
       On page 86, line 23, strike ``(E)'' and insert ``(D)''.
       Beginning on page 217, strike line 13 and all that follows 
     through page 219, line 24.
       On page 220, line 22, strike ``pulse crops,''.
       Beginning on page 254, strike line 19 and all that follows 
     through page 255, line 22.
                                 ______
                                 
  SA 3705. 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. __. PROHIBITION ON COMMODITY PAYMENTS FOR FARM 
                   OPERATIONS IN A SANCTUARY CITY.

       (a) Prohibition.--No type of price support, loan, or 
     payment made available under title I of the Food and Energy 
     Security Act of 2007 (or an amendment made by that title), 
     the Commodity Credit Charter Act (15 U.S.C. 714 et seq.), or 
     any other Act may be made available to a producer for a 
     fiscal year on the basis of the operations of a farm located 
     in a sanctuary city unless the producer submits a 
     certification described in subsection (c) for such fiscal 
     year.
       (b) Sanctuary City Defined.--In this section, the term 
     ``sanctuary city'' means a subdivision of a State that 
     prohibits the employees of such subdivision, including law 
     enforcement officers, from seeking information from an 
     individual regarding the individual's immigration status or 
     providing such information to an appropriate employee of an 
     agency or department of the United States.
       (c) Certification.--A certification described in this 
     subsection is a certification submitted to the Secretary of 
     Agriculture by a producer for a fiscal year that the 
     operations described in subsection (a) have not employed 
     within the past 12 months, or have utilized a contractor or 
     subcontractor that has employed within the past 12 months, an 
     alien who was unlawfully present in the United States at the 
     time such alien was hired.
                                 ______
                                 
  SA 3706. 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:

       On page 444, after line 22, insert the following:

     SEC. 2___. DISCOVERY WATERSHED-ESTUARY ECOSYSTEM PROTECTION 
                   DEMONSTRATION PROGRAM.

       Chapter 5 of subtitle D of title XII of the Food Security 
     Act of 1985 (16 U.S.C. 3839bb et seq.) (as amended by section 
     2399) is amended by adding at the end the following:

     ``SEC. 1240T. DISCOVERY WATERSHED-ESTUARY ECOSYSTEM 
                   PROTECTION DEMONSTRATION PROGRAM.

       ``(a) Establishment.--The Secretary, in coordination with 
     the Secretary of Commerce and the Administrator of the 
     National Oceanic and Atmospheric Administration, shall 
     establish and carry out a demonstration program in not less 
     than 30 coastal watersheds throughout the United States to 
     achieve the purposes described in subsection (b).
       ``(b) Purposes.--The purposes of the demonstration program 
     under this section are--
       ``(1) to prevent the impacts of nutrients, soil pollutants, 
     anthropogenic airborne contaminants, and agricultural 
     products on sensitive estuarine ecosystems located downstream 
     in coastal watersheds;
       ``(2) to monitor the effect of waterborne and airborne 
     agents on the watersheds of estuarine ecosystems;
       ``(3) to model the impacts on watersheds of estuarine 
     ecosystems using information made available to managers, 
     decisionmakers, and related stakeholders;
       ``(4) to mitigate those impacts using innovative 
     environmental technologies; and
       ``(5) to assess the cost-effectiveness and performance of 
     those technologies to provide guidance with respect to the 
     implementation of best practices.
       ``(c) Interagency Agreements.--
       ``(1) In general.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency, shall 
     enter into an agreement with the Secretary of Commerce and 
     the Administrator of the National Oceanic and Atmospheric 
     Administration to carry out this section.
       ``(2) Contents.--The agreement entered into under paragraph 
     (1) shall, to the maximum extent practicable--
       ``(A) facilitate coordination among research programs 
     within agencies to ensure the success of the demonstration 
     program under this section;
       ``(B) ensure the use of the best efforts of each applicable 
     department and agency to integrate the sharing of information 
     and best practices;
       ``(C) require the provision of timely, evaluated 
     information to assist the Secretary in assessing the cost-
     effectiveness and performance of the demonstration program 
     under this section;
       ``(D) provide for specific connectivity for research 
     programs within the National Oceanic and Atmospheric 
     Administration; and
       ``(E) facilitate the leveraging of resources in support of 
     the demonstration program under this section.
       ``(d) Selection of Coastal Watersheds.--
       ``(1) In general.--In selecting the 30 coastal watersheds 
     for purposes of subsection (a), the Secretary shall take into 
     consideration the extent to which--
       ``(A) reducing impacts on an estuarine ecosystem of a 
     coastal watershed is possible;
       ``(B) a project carried out at a coastal watershed under 
     the demonstration program--
       ``(i) would use innovative approaches to attract a high 
     level of participation in the watershed to ensure success;
       ``(ii) could be implemented through a third party, 
     including--

       ``(I) the National Oceanic and Atmospheric Administration;
       ``(II) a unit of State or local government;
       ``(III) a conservation organization; or
       ``(IV) another organization with appropriate expertise;

       ``(iii) would leverage funding from Federal, State, local, 
     and private sources; and
       ``(iv) would demonstrate best practices to manage--

       ``(I) pollutant impact and habitat restoration;
       ``(II) coastal and estuarine environmental technology 
     evaluations and adoption;
       ``(III) watershed modeling from whitewater to bluewater; 
     and
       ``(IV) air mass contaminant monitoring;

       ``(C) baseline data relating to water quality and 
     agricultural practices and contributions from nonagricultural 
     sources relevant to the watershed has been collected or could 
     be readily collected; and
       ``(D) water and air quality monitoring infrastructure is in 
     place or could reasonably be put in place in a small 
     watershed.
       ``(2) Requirement.--The Secretary shall select to 
     participate in the demonstration program under this section 
     each coastal watershed that is challenged with an 
     anthropogenic input, including the coastal watersheds of--
       ``(A) the Gulf of Maine;
       ``(B) Long Island Sound;
       ``(C) Chesapeake Bay; and
       ``(D) coastal Georgia, Mississippi, and South Carolina.
       ``(e) Use of Funds.--The Secretary shall use funds made 
     available to carry out this section in each coastal watershed 
     selected for purposes of subsection (a)--

[[Page S14522]]

       ``(1) to support demonstration projects in the coastal 
     watershed;
       ``(2) to provide and assess financial incentives for 
     leveraging the demonstration projects;
       ``(3) to monitor the performance and costs of best 
     practices; and
       ``(4) to provide the Federal share of the cost of data 
     collection, monitoring, and analysis.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section, of which not less than $30,000,000 
     shall be made available to the National Oceanic and 
     Atmospheric Administration for each fiscal year to support 
     the demonstration program under this section.''.
                                 ______
                                 
  SA 3707. 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. __. PROHIBITION ON COMMODITY PAYMENTS FOR FARM 
                   OPERATIONS IN A SANCTUARY CITY.

       No type of price support, loan, or payment made available 
     under title I of the Food and Energy Security Act of 2007 (or 
     an amendment made by that title), the Commodity Credit 
     Charter Act (15 U.S.C. 714 et seq.), or any other Act may be 
     made available to a producer on the basis of the operations 
     of a farm located in a subdivision of a State that prohibits 
     the employees of such subdivision, including law enforcement 
     officers, from seeking information from an individual 
     regarding the individual's immigration status or providing 
     such information to an appropriate employee of an agency or 
     department of the United States.
                                 ______
                                 
  SA 3708. Ms. MURKOWSKI (for herself and Mr. Stevens) submitted an 
amendment intended to be proposed by her to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 247, line 17, insert ``wild salmon,'' after 
     ``nursery crops,''.
                                 ______
                                 
  SA 3709. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 402, strike lines 17 through 21 and insert the 
     following:
       (iv) allow for monitoring and evaluation;
       (v) assist producers in meeting Federal, State, and local 
     regulatory requirements; and
       (vi) assist producers in enhancing fish and wildlife 
     habitat.
                                 ______
                                 
  SA 3710. Mr. LUGAR 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 C of title III, add the following:

     SEC. 32__. CORRECTIVE LEGISLATION.

       (a) Definition of Joint Resolution.--In this section, the 
     term ``joint resolution'' means only a joint resolution 
     introduced during the 90-day period beginning on the date on 
     which the report referred to in subsection (b) is received by 
     Congress (excluding days either House of Congress is 
     adjourned for more than 3 days during a session of Congress), 
     the matter after the resolving clause of which is as follows: 
     ``That Congress approves the draft legislation included in 
     the report required under section __(b) of the Food and 
     Energy Security Act of 2007 submitted by the President to 
     Congress on ____, and the legislation shall have force and 
     effect.'' (The blank spaces being appropriately filled in).
       (b) Report.--Not later than 90 days after the date of final 
     adjudication of any appeals by the President relating to a 
     finding that any United States commodity program is in 
     violation of a trading rule of the World Trade Organization, 
     the President may submit to each House of Congress a report 
     that includes--
       (1) a notification of any effective date of sanctions to be 
     imposed for failure to correct the violation; and
       (2) draft legislation for use in correcting the violation.
       (c) Congressional Action.--Subject to subsection (f), if 
     Congress receives a notification described in subsection 
     (b)(1), the approval of Congress of the draft legislation 
     submitted under subsection (b)(2) shall be effective if, and 
     only if, a joint resolution is enacted into law pursuant to 
     subsections (d) and (e).
       (d) Procedural Provisions.--
       (1) In general.--The requirements of this subsection are 
     met if--
       (A) a joint resolution is adopted under subsection (e); and
       (B)(i) Congress transmits the joint resolution to the 
     President before the end of the 90-day period beginning on 
     the date on which Congress receives the report of the 
     President under subsection (b); and
       (ii)(I) the President signs the joint resolution; or
       (II) if the President vetoes the joint resolution, each 
     House of Congress votes to override that veto on or before 
     the later of--
       (aa) the last day of the 90-day period referred to in 
     clause (i); or
       (bb) the last day of the 15-day period beginning on the 
     date on which Congress receives the veto message from the 
     President.
       (2) Introduction.--A joint resolution to which this 
     subsection applies may be introduced at any time on or after 
     the date on which Congress receives the report of the 
     President under subsection (b).
       (e) Joint Resolution.--
       (1) Procedures.--
       (A) In general.--Joint resolutions--
       (i) may be introduced in either House of Congress by any 
     Member of such House; and
       (ii) shall be referred--

       (I) to the Committee on Agriculture of the House of 
     Representatives, if the joint resolution is introduced in the 
     House of Representatives; or
       (II) to the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate, if the joint resolution is introduced 
     in the Senate.

       (B) Application of section 151 of the trade act of 1974.--
     Subject to the provisions of this subsection, the provisions 
     of subsections (c), (d), (f), and (g) of section 151 of the 
     Trade Act of 1974 (19 U.S.C. 2191(c), (d), (f), and (g)) 
     shall apply to joint resolutions to the same extent as such 
     provisions apply to implementing bills under that section.
       (C) Discharge of committee.--If a committee of either House 
     to which a joint resolution has been referred has not 
     reported the joint resolution by the close of the 45th day 
     after its introduction--
       (i) the committee shall be automatically discharged from 
     further consideration of the joint resolution; and
       (ii) the joint resolution shall be placed on the 
     appropriate calendar.
       (D) Floor consideration.--It shall not be in order for--
       (i) the Senate to consider any joint resolution unless the 
     joint resolution has been reported by the Committee on 
     Agriculture, Nutrition, or Forestry of the Senate or the 
     committee has been discharged under subparagraph (C);
       (ii) the House of Representatives to consider any joint 
     resolution unless the joint resolution has been reported by 
     the Committee on Agriculture of the House of Representatives 
     or the committee has been discharged under subparagraph (C); 
     or
       (iii) either House to consider any joint resolution or take 
     any action under clause (i) or (ii) of subsection (d)(1)(B), 
     if the President has notified the appropriate committees that 
     the decision to impose sanctions described in subsection 
     (b)(1) has been withdrawn and the sanctions have not actually 
     been imposed.
       (E) Consideration in the house.--A motion in the House of 
     Representatives to proceed to the consideration of a joint 
     resolution may only be made on the second legislative day 
     after the calendar day on which the Member making the motion 
     announces his or her intention to do so.
       (2) Consideration of second resolution not in order.--It 
     shall not be in order in either the House of Representatives 
     or the Senate to consider another joint resolution under this 
     section (other than a joint resolution received from the 
     other House), if that House has previously voted on a joint 
     resolution under this section with respect to the same 
     presidential notification described in subsection (b)(1).
       (3) Computation of time period.--For the purpose of 
     subsection (d)(1)(B)(ii)(II) and paragraph (1)(C), the 90-day 
     period, the 15-day period, and the 45 days referred to in 
     those provisions shall be computed by excluding--
       (A) the days on which either House is not in session 
     because of an adjournment of more than 3 days to a day 
     certain or an adjournment of the Congress sine die; and
       (B) any Saturday and Sunday, not excluded under 
     subparagraph (A), when either House is not in session.
       (4) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and such 
     procedures supersede other rules only to the extent that such 
     procedures are inconsistent with such other rules; and
       (B) with the full recognition of the constitutional right 
     of either House to change the rules (so far as relating to 
     the procedures of that House) at any time, in the same 
     manner, and to the same extent as any other rule of that 
     House.
       (f) Intervening Enactment.--A joint resolution shall not be 
     required under this section if, during the period beginning 
     on the date on which the President submits to Congress draft 
     legislation under subsection (b)(2) and ending on the date on 
     which Congress enacts a joint resolution under subsection 
     (e), a law containing or preempting the draft legislation is 
     enacted.
                                 ______
                                 
  SA 3711. Mr. LUGAR (for himself, Mr. Lautenberg, Mr. Menendez, Mr. 
Cardin, Mr. Whitehouse, Mr. Reed, Mr. Hatch, Ms. Collins, Mr. Domenici,

[[Page S14523]]

Mr. Nelson of Florida, Mr. Sununu, and Mr. McCain) 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:

       Beginning on page 24, strike line 1 and all follows through 
     page 124, line 20, and insert the following:

               Subtitle A--Traditional Payments and Loans

     SEC. 1101. COMMODITY PROGRAMS.

       (a) Repeals.--Subtitles A through C of title I of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et 
     seq.) (other than sections 1001, 1101, 1102, 1103, 1104, and 
     1106) are repealed.
       (b) Base Acres and Payment Acres.--Section 1101 of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 7911) is 
     amended--
       (1) in subsections (a)(1) and (e)(2), by striking ``and 
     counter-cyclical payments'' each place it appears; and
       (2) by adding at the end the following:
       ``(i) Production of Fruits or Vegetables for Processing.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     producers on a farm, with the consent of the owner of and any 
     other producers on the farm, may reduce the base acres for a 
     covered commodity for the farm if the reduced acres are used 
     for the planting and production of fruits or vegetables for 
     processing.
       ``(2) Reversion to base acres for covered commodity.--Any 
     reduced acres on a farm devoted to the planting and 
     production of fruits or vegetables during a crop year under 
     paragraph (1) shall be included in base acres for the covered 
     commodity for the subsequent crop year, unless the producers 
     on the farm make the election described in paragraph (1) for 
     the subsequent crop year.
       ``(3) Recalculation of base acres.--
       ``(A) In general.--Subject to subparagraph (B), if the 
     Secretary recalculates base acres for a farm, the planting 
     and production of fruits or vegetables for processing under 
     paragraph (1) shall be considered to be the same as the 
     planting, prevented planting, or production of the covered 
     commodity.
       ``(B) Authority.--Nothing in this subsection provides 
     authority for the Secretary to recalculate base acres for a 
     farm.''.
       (c) Payment Yields.--Section 1102 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 7912) is amended--
       (1) in subsection (a), by striking ``and counter-cyclical 
     payments'';
       (2) in subsection (b), by striking ``2007'' and inserting 
     ``2012'';
       (3) in subsection (c), by striking ``, but before'' and all 
     that follows through ``subsection (e)''; and
       (4) by striking subsection (e).
       (d) Recourse Loan Program.--Subtitle F of title I of the 
     Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7991 
     et seq.) is amended by adding at the end the following:

     ``SEC. 1619. RECOURSE LOAN PROGRAM.

       ``For each of the 2008 through 2012 crop years, the 
     Secretary shall establish a recourse loan program for each 
     loan commodity at a rate of interest to be determined by the 
     Secretary.''.
       (e) Administration.--
       (1) Suspension of permanent price support authority.--
     Section 1602 of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 7992) is amended by striking ``2007'' each 
     place it appears and inserting ``2012''.
       (2) Adjusted gross income limitation.--Section 1001D(e) of 
     the Food Security Act of 1985 (7 U.S.C. 1308-3a(e)) is 
     amended by striking ``2007'' and inserting ``2012''.
       (f) Availability of Counter-Cyclical Payments.--Section 
     1104 of the Farm Security and Rural Investment Act of 2002 (7 
     U.S.C. 7914) is amended--
       (1) by striking ``2007'' each place it appears (other than 
     paragraphs (3)(B) and (4)(B) of subsection (f)) and inserting 
     ``2008''; and
       (2) in subsection (f)--
       (A) in paragraph (3)(B)--
       (i) in the subparagraph heading, by striking ``2007 crop 
     year'' and inserting ``2007 and 2008 crop years''; and
       (ii) by striking ``the 2007 crop year'' and inserting 
     ``each of the 2007 and 2008 crop years''; and
       (B) in paragraph (4)(B)--
       (i) in the subparagraph heading, by striking ``2007 crop 
     year'' and inserting ``2007 and 2008 crop years''; and
       (ii) by striking ``the 2007 crop year'' each place it 
     appears and inserting ``each of the 2007 and 2008 crop 
     years''.
       (g) Availability of Direct Payments.--Section 1103 of the 
     Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     7913) is amended--
       (1) in subsection (a), by striking ``For each of the 2002 
     through 2007'' and inserting ``For each of the 2008 through 
     2012''; and
       (2) in subsection (c), by adding at the end the following:
       ``(4)(A) In each of crop years 2008 and 2009, 25 percent.
       ``(B) In each of crop years 2010 and 2011, 20 percent.
       ``(C) In crop year 2012, 0 percent.''.
       On page 233, strikes lines 8 through 13 and insert the 
     following:
       ``(e) Funding.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall use to carry out this 
     section $1,000,000 for each of fiscal years 2008 through 
     2012.''.
       On page 246, strike lines 3 through 10 and insert the 
     following:
       ``(i) Funding.--
       ``(1) In general.--Subject to paragraph (2), of the funds 
     of the Commodity Credit Corporation, the Secretary of 
     Agriculture shall make grants under this section, using--
       ``(A) $135,000,000 for fiscal year 2008;
       ``(B) $140,000,000 for fiscal year 2009;
       ``(C) $145,000,000 for fiscal year 2010;
       ``(D) $150,000,000 for fiscal year 2011; and
       ``(E) $0 for fiscal year 2012.
       ``(2) Aquaculture and seafood products.--Of the amount made 
     available under subparagraphs (A) through (D) of paragraph 
     (1), the Secretary shall ensure that at least $50,000 is used 
     each fiscal year to promote the competitiveness of 
     aquacultural and seafood products.''.
       On page 247, line 17, insert ``seafood products, 
     aquaculture (including ornamental fish), sea grass, sea 
     oats,'' after ``floriculture,''.
       On page 265, strike lines 9 and 10 and insert the 
     following:
       (1) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Basic fee.--
       ``(i) In general.--Except as provided in clause (ii), each 
     producer shall pay an administrative fee for catastrophic 
     risk protection in an amount that is, as determined by the 
     Corporation, equal to 25 percent of the premium amount for 
     catastrophic risk protection established under subsection 
     (d)(2)(A) per crop per county.
       ``(ii) Maximum amount.--The total amount of administrative 
     fees for catastrophic risk protection payable by a producer 
     under clause (i) shall not exceed $5,000 for all crops in all 
     counties.''.
       Beginning on page 273, strike line 1 and all that follows 
     through page 274, line 2.
       On page 276, between lines 2 and 3, insert the following:

     SEC. 19__. CONTROLLING CROP INSURANCE PROGRAM COSTS.

       (a) Share of Risk.--Section 508(k)(3) of the Federal Crop 
     Insurance Act (7 U.S.C. 1508(k)(3)) is amended by striking 
     paragraph (3) and inserting the following:
       ``(3) Share of risk.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the reinsurance agreements of the Corporation with a 
     reinsured company shall require the reinsured company to 
     provide to the Corporation 30 percent of the cumulative 
     underwriting gain or loss of the reinsured company.
       ``(B) Livestock.--In the case of a policy or plan of 
     insurance covering livestock, the reinsurance agreements of 
     the Corporation with the reinsured companies shall require 
     the reinsured companies to bear a sufficient share of any 
     potential loss under the agreement so as to ensure that the 
     reinsured company will sell and service policies of insurance 
     in a sound and prudent manner, taking into consideration the 
     financial condition of the reinsured companies and the 
     availability of private reinsurance.''.
       (b) Reimbursement Rate.--Section 508(k)(4)(A) of the 
     Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)(A)) is 
     amended by striking clause (ii) and inserting the following:
       ``(ii) for each of the 2008 and subsequent reinsurance 
     years--

       ``(I) 15 percent of the premium used to define loss ratio; 
     and
       ``(II) in the case of a policy or plan of insurance 
     covering livestock, 27 percent of the premium used to define 
     loss ratio.''.

     SEC. 19__. SUPPLEMENTAL DEDUCTIBLE COVERAGE.

       (a) In General.--Section 508(c)(4) of the Federal Crop 
     Insurance Act (7 U.S.C. 1508(c)(4)) is amended--
       (1) by striking ``The level of coverage'' and inserting the 
     following:
       ``(A) Basic coverage.--The level of coverage''; and
       (2) by adding at the end the following:
       ``(B) Supplemental coverage.--
       ``(i) In general.--Notwithstanding paragraph (3) and 
     subparagraph (A), the Corporation may offer supplemental 
     coverage, based on an area yield and loss basis, to cover 
     that portion of a crop loss not covered under the individual 
     yield and loss basis plan of insurance of a producer, 
     including any revenue plan of insurance with coverage based 
     in part on individual yield and loss.
       ``(ii) Limitation.--The sum of the indemnity paid to the 
     producer under the individual yield and loss plan of 
     insurance and the supplemental coverage may not exceed 100 
     percent of the loss incurred by the producer for the crop.
       ``(iii) Administrative and operating expense 
     reimbursement.--Notwithstanding subsection (k)(4), the 
     reimbursement rate for approved insurance providers for the 
     supplemental coverage shall equal 6 percent of the premium 
     used to define the loss ratio.
       ``(iv) Direct coverage.--If the Corporation determines that 
     it is in the best interests of producers, the Corporation may 
     offer supplemental coverage as a Corporation endorsement to 
     existing plans and policies of crop insurance authorized 
     under this title.
       ``(v) Payment of portion of premium by corporation.--
     Notwithstanding subsection (e), the amount of the premium to 
     be paid by the Corporation for supplemental coverage offered 
     pursuant to this subparagraph shall be determined by the 
     Corporation, but may not exceed the sum of--

       ``(I) 50 percent of the amount of premium established under 
     subsection (d)(2)(C)(i); and

[[Page S14524]]

       ``(II) the amount determined under subsection (d)(2)(C)(ii) 
     for the coverage level selected to cover operating and 
     administrative expenses.''.

       (b) Conforming Amendments.--Section 508(d)(2) of the 
     Federal Crop Insurance Act (7 U.S.C. 1508(d)(2)) is amended--
       (1) by striking ``additional coverage'' the first place it 
     appears and inserting ``additional and supplemental 
     coverages''; and
       (2) by adding at the end the following:
       ``(C) Supplemental coverage.--In the case of supplemental 
     coverage offered under subsection (c)(4)(B), the amount of 
     the premium shall--
       ``(i) be sufficient to cover anticipated losses and a 
     reasonable reserve; and
       ``(ii) include an amount for operating and administrative 
     expenses, as determined by the Corporation on an industry-
     wide basis as a percentage of the amount of the premium used 
     to define loss ratio.''.

     SEC. 19__. REVENUE-BASED SAFETY NET.

       (a) Establishment.--Section 508(c) of the Federal Crop 
     Insurance Act (7 U.S.C. 1508(c)) is amended by adding at the 
     end the following:
       ``(11) Group risk income protection and group risk 
     protection.--The Corporation shall offer, at no cost to a 
     producer, revenue and yield coverage plans that allow 
     producers in a county to qualify for an indemnity if the 
     actual revenue or yield per acre in the county in which the 
     producer is located is below 85 percent of the average 
     revenue or yield per acre for the county, for each 
     agricultural commodity for which a futures price is 
     available, or as otherwise approved by the Secretary, to the 
     extent the coverage is actuarially sound.''.
       (b) Premiums.--Section 508(e)(2) of the Federal Crop 
     Insurance Act (7 U.S.C. 1508(e)(2)) is amended by adding at 
     the end the following:
       ``(H) In the case of a group risk income protection and 
     group risk protection offered under subsection (c)(11) 
     beginning in fiscal year 2009, and the whole farm insurance 
     plan offered under subsection (c)(12) beginning in fiscal 
     year 2010, the entire amount of the premium for the plan 
     shall be paid by the Corporation.''.

     SEC. 19__. WHOLE FARM INSURANCE.

       (a) Establishment.--Section 508(c) of the Federal Crop 
     Insurance Act (7 U.S.C. 1508(c)) (as amended by section 
     19__(a)) is amended by adding at the end the following:
       ``(12) Whole farm insurance plan.--The Corporation shall 
     offer, at no cost to a producer described in paragraph (11), 
     a whole farm insurance plan that allows the producer to 
     qualify for an indemnity if actual gross farm revenue is 
     below 80 percent of the average gross farm revenue of the 
     producer.''.
       (b) Adjusted Gross Revenue Insurance Pilot Program.--
     Section 523(e) of the Federal Crop Insurance Act (7 U.S.C. 
     1523(e)) is amended--
       (1) in paragraph (1), by striking ``2004'' and inserting 
     ``2012'';
       (2) in paragraph (2), by striking subparagraph (A) and 
     inserting the following:
       ``(A) In general.--In addition to counties otherwise 
     included in the pilot program, the Corporation shall include 
     in the pilot program for each of the 2010 through 2012 
     reinsurance years all States and counties that meet the 
     criteria for selection (pending required rating), as 
     determined by the Corporation.''; and
       (3) by adding at the end the following:
       ``(3) Eligible producers.--The Corporation shall permit the 
     producer of any type of agricultural commodity (including a 
     producer of specialty crops, floricultural, ornamental 
     nursery, and Christmas tree crops, turfgrass sod, seed crops, 
     aquacultural products (including ornamental fish), sea grass 
     and sea oats, and industrial crops) to participate in a pilot 
     program established under this subsection.''.
       (c) Prevention of Duplication.--Section 508(c) of the 
     Federal Crop Insurance Act (7 U.S.C. 1508(c)) (as amended by 
     subsection (a)) is amended by adding at the end the 
     following:
       ``(13) Prevention of duplication.--The Administrator of the 
     Risk Management Agency and Administrator of the Farm Service 
     Agency shall cooperate to ensure, to the maximum extent 
     practicable, that producers on a farm do not receive 
     duplicative compensation under Federal law for the same loss, 
     including by reducing crop insurance indemnity payments.''.
       On page 295, between lines 16 and 17, insert the following:

     SEC. 19__. CROP INSURANCE EDUCATION ASSISTANCE.

       (a) Partnerships for Risk Management Education.--Section 
     524(a)(3) of the Federal Crop Insurance Act (7 U.S.C. 
     1524(a)(3)) is amended--
       (1) in subparagraph (B), by striking ``A grant'' and 
     inserting ``Subject to subparagraph (E), a grant''; and
       (2) by adding at the end the following:
       ``(E) Allocation to states.--The Secretary shall allocate 
     funds made available to carry out this subsection for each 
     fiscal year in a manner that ensures that grants are provided 
     to eligible entities in States based on the ratio that the 
     value of agricultural production of each State bears to the 
     total value of agricultural production in all States, as 
     determined by the Secretary.''.
       (b) Funding.--Paragraph (5) of section 524(a) of the 
     Federal Crop Insurance Act (7 U.S.C. 1524(a)) (as 
     redesignated by section 1920(2)) is amended by striking 
     subparagraph (B) and inserting the following:
       ``(B) for the partnerships for risk management education 
     program established under paragraph (3)--
       ``(i) $20,000,000 for fiscal year 2008, of which not less 
     than $15,000,000 shall be used to provide educational 
     assistance with respect to whole farm and adjusted gross 
     revenue insurance plans;
       ``(ii) $15,000,000 for fiscal year 2009, of which not less 
     than $10,000,000 shall be used to provide educational 
     assistance described in clause (i);
       ``(iii) $10,000,000 for fiscal year 2010, of which not less 
     than $5,000,000 shall be used to provide educational 
     assistance described in clause (i); and
       ``(iv) $5,000,000 for fiscal year 2011 and each fiscal year 
     thereafter.''.
       On page 299, between lines 15 and 16, insert the following:

                  Subtitle B--Risk Management Accounts

     SEC. 1931. DEFINITIONS.

       In this subtitle:
       (1) Adjusted gross revenue.--The term ``adjusted gross 
     revenue'', with respect to a farm of an operator or producer, 
     means the adjusted gross income of the farm, as determined by 
     the Secretary, from the sale or transfer of eligible 
     commodities of the farm, as calculated--
       (A) taking into consideration the gross receipts (including 
     insurance indemnities) from each sale;
       (B) including all farm payments received by the operator or 
     producer from any Federal, State, or local government agency 
     relating to the eligible commodities;
       (C) by deducting the cost or basis of any eligible 
     livestock or other item purchased for resale, such as feeder 
     livestock, by the farm;
       (D) excluding any revenue that does not arise from the sale 
     of eligible commodities of the farm, such as revenue 
     associated with the packaging, merchandising, marketing, or 
     reprocessing beyond what is typically carried out by a 
     producer of the eligible commodity, as determined by the 
     Secretary; and
       (E) using such adjustments, additions, and additional 
     documentation as the Secretary determines to be appropriate, 
     as presented on--
       (i) a schedule F form of the Federal income tax returns of 
     the operator or producer; or
       (ii) a comparable tax form relating to the farm, as 
     approved by the Secretary.
       (2) Applicable year.--The term ``applicable year'' means a 
     fiscal year covered by a risk management account contract.
       (3) Average adjusted gross revenue.--The term ``average 
     adjusted gross revenue'' means--
       (A) the rolling average of the adjusted gross revenue of an 
     operator or producer for each of the 5 preceding taxable 
     years; or
       (B) in the case of a beginning farmer or rancher, or 
     another agricultural operation that does not have adjusted 
     gross revenue for each of the 5 preceding taxable years, the 
     estimated income of the operation for the applicable year, as 
     determined by the Secretary.
       (4) Eligible commodity.--The term ``eligible commodity'' 
     means any annual or perennial crop raised or produced by an 
     operator or producer.
       (5) Farm.--
       (A) In general.--The term ``farm'' means any parcel of land 
     used for the raising or production of an eligible commodity 
     that is considered to be a separate operation, as determined 
     by the Secretary.
       (B) Inclusions.--The term ``farm'' includes--
       (i) any parcel of land and related agricultural production 
     facilities on which an operator or producer has more than de 
     minimis operational control; and
       (ii) any parcel of land subject to more than de minimis 
     common ownership, as determined by the Secretary, unless the 
     common owners of the parcel--

       (I) except with respect to a conservation condition 
     established in an applicable rental agreement, do not have 
     operational control regarding any portion of the parcel; and
       (II) do not share in the proceeds of the parcel, other than 
     cash rent.

       (C) Exclusion.--The term ``farm'' does not include a parcel 
     that is not a portion of a farm subject to a risk management 
     account contract.
       (D) Applicability of cfr.--Except as otherwise provided in 
     this subtitle or by the Secretary, by regulation, part 718 of 
     title 7, Code of Federal Regulations (or successor 
     regulations), shall apply to the definition, constitution, 
     and reconstitution of a farm for purposes of this paragraph.
       (6) Operator.--The term ``operator'' means a producer who 
     controls an agricultural operation on a farm, as determined 
     by the Secretary.
       (7) Producer.--The term ``producer'' means a person that, 
     as determined by the Secretary, for an applicable year--
       (A) shares in the risk of producing, or provides a material 
     contribution in producing, an eligible commodity;
       (B) has a substantial beneficial interest in the farm on 
     which the eligible commodity is produced;
       (C)(i) for each of the 5 preceding taxable years, has 
     filed--
       (I) a schedule F form of the Federal income tax return 
     relating to the eligible commodity; or
       (II) a comparable tax form related to the eligible 
     commodity, as approved by the Secretary; or
       (ii) is a beginning farmer or rancher, or another producer 
     that does not have adjusted

[[Page S14525]]

     gross revenue for each of the 5 preceding taxable years, as 
     determined by the Secretary; and
       (D)(i) during the 5 preceding taxable years, has earned at 
     least $10,000 in average adjusted gross revenue;
       (ii) is a limited resource farmer or rancher, as determined 
     by the Secretary; or
       (iii) in the case of a beginning farmer or rancher, or 
     another producer that does not have adjusted gross revenue 
     for each of the 5 preceding taxable years, has at least 
     $10,000 in estimated income from all farms for the applicable 
     year, as determined by the Secretary.
       (8) Risk management account.--The term ``risk management 
     account'' means a farm income stabilization assistance 
     account maintained at a qualified financial institution in 
     accordance with such terms as the Secretary may establish.

     SEC. 1932. RISK MANAGEMENT ACCOUNT CONTRACTS.

       (a) Establishment of Program.--The Secretary shall 
     establish and carry out a program under which the Secretary 
     shall offer to enter into contracts with eligible operators 
     and producers in accordance with this section--
       (1) to provide to the operators and producers a reserve to 
     assist in the stabilization of farm income during low-revenue 
     years;
       (2) to assist operators and producers to invest in value-
     added farms; and
       (3) to recognize high levels of environmental stewardship.
       (b) Eligibility.--
       (1) In general.--Any operator that has participated in a 
     commodity program under title I of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.), and 
     that otherwise meets each eligibility requirement under this 
     subtitle, shall be eligible to enter into a risk management 
     account contract for agricultural production during each of 
     fiscal years 2008 through 2012.
       (2) Other producers.--A producer that is not an operator 
     described in paragraph (1) shall be eligible to enter into a 
     risk management account contract for agricultural production 
     during each of fiscal years 2008 through 2012.
       (3) Limitations.--
       (A) In general.--No farm or portion of a farm shall be 
     subject to more than 1 risk management account contract 
     during any fiscal year.
       (B) Multiple risk management account contracts.--
       (i) In general.--Except as provided in clause (ii), no 
     operator or producer shall participate or have a beneficial 
     interest in more than 1 risk management account contract 
     during any fiscal year.
       (ii) Exception.--Notwithstanding clause (i), an operator 
     that is eligible to receive a transition payment during a 
     fiscal year, and that participates or has a beneficial 
     interest in a risk management account contract during that 
     fiscal year, may enter into an additional risk management 
     account contract during the fiscal year if--

       (I) the additional risk management account contract is 
     entered into solely for the purpose of receiving the 
     transition payment; and
       (II) the operator is not otherwise eligible to participate 
     or have a beneficial interest in the additional risk 
     management account contract.

       (c) Risk Management Accounts.--
       (1) In general.--Each risk management account contract 
     entered into under this section shall establish, in the name 
     of the farm of the operator or producer, as applicable, in an 
     appropriate financial institution and subject to such 
     investment rules and other procedures as the Secretary, on 
     approval of the Secretary of the Treasury, determines to be 
     necessary to provide reasonable assurance of the viability 
     and stability of the account, a risk management account, to 
     consist of--
       (A) such amounts as are transferred to the risk management 
     account by the Secretary during an applicable year in 
     accordance with paragraph (2) (including the amendments made 
     by that paragraph); and
       (B) such amounts as are voluntarily contributed by the 
     operator or producer during the applicable year in accordance 
     with paragraph (6).
       (2) Transfers.--Section 1103 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 7913) is amended by adding 
     at the end the following:
       ``(e) Risk Management Accounts.--Of the total amount of 
     direct payments made to producers, payments in excess of 
     $10,000 for a crop year shall be deposited into risk 
     management accounts established under section 1102 of the 
     Food and Energy Security Act of 2007.''.
       (3) Operator and producer contributions.--During any 
     applicable year, an operator or producer may voluntarily 
     contribute to the risk management account of the operator or 
     producer.
       (4) Withdrawals.--
       (A) In general.--An operator or producer may withdraw 
     amounts in the risk management account of the operator or 
     producer only--
       (i) for an applicable year during which the adjusted gross 
     revenue of the operator or producer is equal to less than 95 
     percent of the average adjusted gross revenue of the operator 
     or producer, in an amount that is equal to the lesser of--

       (I) the difference between--

       (aa) the average adjusted gross revenue of the operator or 
     producer; and
       (bb) the adjusted gross revenue of the operator or 
     producer; and

       (II) the amount of coverage that could be purchased under 
     an adjusted gross revenue product available to the operator 
     or producer through the Federal crop insurance program;

       (ii) for investment in a value-added agricultural operation 
     that contributes to the agricultural economy, as determined 
     by the Secretary, and is not farmland or equipment used to 
     produce raw agricultural products, an amount equal to the 
     product obtained by multiplying--

       (I) the total amount in the risk management account of the 
     operator or producer on September 30 of the preceding 
     applicable year; and
       (II) 10 percent;

       (iii) as the Secretary determines to be necessary to 
     protect the solvency of a farm of the operator or producer; 
     or
       (iv) to purchase revenue insurance or crop insurance.
       (B) Transfer to ira account.--In any calendar year, an 
     individual operator or producer aged 65 years or older who is 
     the holder of a risk management account in existence for at 
     least 5 years may elect to rollover not more than 15 percent 
     of the balance of the risk management account into an 
     individual retirement account pursuant to section 408 of the 
     Internal Revenue Code of 1986.
       (5) Limitations.--
       (A) Attribution requirement.--The Secretary shall ensure 
     that each payment transferred to a risk management account 
     under this subsection is attributed to an individual operator 
     or producer that is a party to the applicable risk management 
     account contract.
       (B) No individual benefit.--
       (i) In general.--The Secretary shall ensure that no 
     individual operator or producer receives a direct benefit 
     from more than 1 risk management account.
       (ii) Proportional reduction.--The Secretary shall reduce 
     the amount of a standard payment under this subsection in an 
     amount equal to the proportion that--

       (I) the amount of each direct or indirect benefit received 
     by the applicable individual operator or producer under the 
     applicable risk management account contract; bears to
       (II) the amount of any direct or indirect benefit received 
     by the individual operator or producer under any other risk 
     management account contract under which a standard payment is 
     transferred to a risk management account.

       (6) Conservation compliance.--Each operator, and each 
     holder of a beneficial interest in a farm subject to a risk 
     management account contract, shall comply with--
       (A) applicable highly erodible land conservation 
     requirements under subtitle B of title XII of the Food 
     Security Act of 1985 (16 U.S.C. 3811 et seq.); and
       (B) applicable wetland conservation requirements under 
     subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.).
       (7) Regulations.--The Secretary shall promulgate such 
     regulations as the Secretary determines to be necessary to 
     carry out this subsection.

     SEC. 1933. TREATMENT OF RISK MANAGEMENT ACCOUNT ACCOUNTS ON 
                   TRANSFER.

       (a) In General.--In transferring, by sale or other means, 
     any interest in a farm subject to a risk management account, 
     an operator or producer may elect--
       (1) to transfer the risk management account to another farm 
     in which the operator or producer--
       (A) has a controlling ownership interest; or
       (B) not later than 2 years after the date of the transfer, 
     will acquire a controlling ownership interest;
       (2) to transfer the risk management account to the 
     purchaser of the interest in the farm, if the purchaser is 
     not already a holder of a risk management account; or
       (3)(A) if the operator or producer is an individual, to 
     rollover amounts in the risk management account into an 
     individual retirement account of the operator or producer 
     pursuant to section 408 of the Internal Revenue Code of 1986; 
     or
       (B) if the operator or producer is not an individual, to 
     transfer amounts in the risk management account into an 
     account of any individual who has a substantial beneficial 
     interest in the farm (including a substantial beneficiary of 
     a trust that holds at least a 50 percent ownership interest 
     in the farm).
       (b) Transfer or Acquisition of Land or Portion of 
     Operation.--The Secretary shall promulgate such regulations 
     as the Secretary determines to be appropriate to require 
     reformulation, reaffirmation, or abandonment of a risk 
     management account contract--
       (1) on transfer of all or part of a farm under this 
     section; or
       (2) on any other major change to the farm, as determined by 
     the Secretary.

     SEC. 1934. ADMINISTRATION OF RISK MANAGEMENT ACCOUNTS.

       (a) Implementation.--The Secretary shall carry out this 
     subtitle through the Farm Service Agency.
       (b) Compliance.--The Secretary shall conduct random audits 
     of operators and producers subject to risk management account 
     contracts under this subtitle as the Secretary determines to 
     be necessary to ensure compliance with the risk management 
     account contracts.
       (c) Violations.--If the Secretary determines that an 
     operator or producer is in violation of the terms of an 
     applicable risk management account contract--
       (1) the operator or producer shall refund to the Secretary 
     an amount equal to the

[[Page S14526]]

     amount transferred by the Secretary under section 1103(e) of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     7913(e)) to the affected risk management account during the 
     applicable year in which the violation occurred; and
       (2) for a serious or deliberate violation, as determined by 
     the Secretary--
       (A) the risk management account contract shall be 
     terminated; and
       (B) amounts remaining in each applicable risk management 
     account as the result of a transfer by the Secretary under 
     section 1103(e) of that Act shall be refunded to the 
     Secretary.
       (d) Regulations.--The Secretary shall promulgate such 
     regulations as the Secretary determines to be necessary to 
     carry out this subtitle.
       (e) Adjusted Gross Income Limitation.--The adjusted gross 
     income limitation under section 1001D of the Food Security 
     Act of 1985 (7 U.S.C. 1308-3a) shall apply to participation 
     in the farm income stabilization assistance program under 
     this subtitle.
       (f) Commodity Credit Corporation.--The Secretary shall use 
     the funds, facilities, and authorities of the Commodity 
     Credit Corporation to carry out this subtitle.
       On page 347, strike lines 17 through 20 and insert the 
     following:

     ``SEC. 1237T. FUNDING.

       ``Of the funds of the Commodity Credit Corporation, the 
     Secretary shall use to carry out this subchapter $70,000,000 
     for each of the fiscal years 2008 through 2012.''.
       On page 408, line 15, strike ``$165,000,000'' and 
     ``$265,000,000''.
       On page 444, after line 22, add the following:

     SEC. 23__. MIGRATORY BIRD HABITAT CONSERVATION SECURITY 
                   PROGRAM.

       Chapter 5 of subtitle D of title XII of the Food Security 
     Act of 1985 (16 U.S.C. 3839bb et seq.) (as amended by section 
     2399) is amended by adding at the end the following:

     ``SEC. 1240S-1. MIGRATORY BIRD HABITAT CONSERVATION SECURITY 
                   PROGRAM.

       ``(a) In General.--The Secretary, acting through the 
     Natural Resources Conservation Service, shall establish a 
     migratory bird habitat conservation program under which the 
     Secretary shall provide payments and technical assistance to 
     rice producers to promote the conservation of migratory bird 
     habitat.
       ``(b) Eligibility.--To be eligible for payments and 
     technical assistance under this section, an eligible producer 
     shall maintain on rice acreage of the producer (as determined 
     by the Secretary)--
       ``(1) straw residue on a minimum of 50 percent of the rice 
     acreage by flooding, rolling, or stomping, and maintaining, 
     water depths of at least 4 inches from November through 
     February in a manner that benefits migratory waterfowl; or
       ``(2) if supplemental water is not available, planting a 
     winter cover crop (such as vetch) on the rice acreage.
       ``(c) Administration.--In carrying out this section, the 
     Secretary shall--
       ``(1) enroll not more than 100,000 acres of irrigated rice; 
     and
       ``(2) provide payments to a participating rice producer for 
     the value of the ecological benefit, but not less than $25 
     per acre.
       ``(d) Review.--In cooperation with a national, State, or 
     regional association of rice producers, the Secretary shall 
     periodically review--
       ``(1) the value of the ecological benefit of practices for 
     which assistance is provided under this section on a per acre 
     basis; and
       ``(2) the practices for which assistance is provided under 
     this section to maximize the wildlife benefit to migratory 
     bird populations on land in rice production.
       ``(e) Funding.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall use to carry out this 
     section $13,000,000 for the period of fiscal years 2008 
     through 2012.''.
       On page 445, line 20, strike ``$97,000,000'' and insert 
     ``$120,000,000''.
       On page 445, line 24 , strike ``$240,000,000'' and insert 
     ``$400,000,000''.
       On page 446, line 4, strike ``$1,270,000,000'' and insert 
     ``$1,410,000,000''.
       On page 446, line 6, strike ``$1,300,000,000'' and insert 
     ``$1,420,000,000''.
       On page 446, line 10, strike ``$85,000,000'' and insert 
     ``$100,000,000''.
       On page 508, between lines 20 and 21, insert the following:

     SEC. 26__. CONSERVATION OF GREATER EVERGLADES ECOSYSTEM.

       Of the funds of the Commodity Credit Corporation, the 
     Secretary shall use $7,000,000 for each of fiscal years 2008 
     through 2012 to provide assistance to 1 or more States to 
     carry out conservation activities in or for the greater 
     Everglades ecosystem.
       On page 552, strike lines 3 through 6 and insert the 
     following:
       (5) in subsection (l)--
       (A) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) In general.--Of the funds of the Commodity Credit 
     Corporation, the President shall use $450,000,000 for each of 
     fiscal years 2008 through 2012 to carry out this section.''; 
     and
       (B) by redesignating paragraph (3) as paragraph (2).
       On page 566, lines 9 and 10, strike ``$140, $239, $197, and 
     $123'' and insert ``$145, $248, $205, and $128''.
       On page 567, line 3, strike ``$281'' and insert ``$291''.
       On page 574, line 6, strike ``10 percent'' and inserting 
     ``20 percent''.
       Beginning on page 574, strike line 23 and all that follows 
     through page 575, line 3, and insert the following:
       ``(2) Amounts.--In addition to the amounts made available 
     under paragraph (1), from amounts made available to carry out 
     this Act, the Secretary shall use to carry out this 
     subsection--
       ``(A) for fiscal year 2008, $110,000,000; and
       ``(B) for fiscal year 2009 and each fiscal year thereafter, 
     an amount that is equal to the amount made available for the 
     previous fiscal year adjusted to the nearest lower dollar 
     increment to reflect changes for the 12-month period ending 
     the preceding June 30 in the Consumer Price Index for All 
     Urban Consumers published by the Bureau of Labor Statistics 
     of the Department of Labor.''.
       On page 658, lines 18 through 21, strike ``for fiscal year 
     2008 and each fiscal year thereafter, of the funds of the 
     Commodity Credit Corporation, the Secretary of Agriculture 
     shall use $10,000,000'' and insert ``for fiscal year 2008 and 
     each fiscal year thereafter, of the funds of the Commodity 
     Credit Corporation, the Secretary of Agriculture shall use 
     $50,000,000''.
       On page 659, between lines 19 and 20, insert the following:

     SEC. 4703. WIC FARMERS' MARKET NUTRITION PROGRAM.

       Section 17(m)(9)(A) of the Child Nutrition Act of 1966 (42 
     U.S.C. 1786(m)(9)(A)) is amended--
       (1) in clause (i), by striking ``each of fiscal years 2004 
     through 2009'' and inserting ``each fiscal year''; and
       (2) by striking clause (ii) and inserting the following:
       ``(ii) Mandatory funding.--Of the funds of the Commodity 
     Credit Corporation, the Secretary shall make available to 
     carry out this subsection, $40,000,000 for each fiscal 
     year.''.
       On page 664, between lines 15 and 16, insert the following:

     SEC. 49__. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.

       (a) Payments to Service Institutions.--Section 13(b) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1761(b)) is amended--
       (1) in paragraph (1)--
       (A) by striking subparagraph (A);
       (B) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (A) through (C), respectively;
       (C) in subparagraph (A) (as redesignated by subparagraph 
     (B)), by striking ``(A)'' and all that follows through 
     ``shall not exceed--'' and inserting the following:
       ``(A) In general.--Subject to subparagraph (B), in addition 
     to amounts made available under paragraph (3), payments to 
     service institutions shall be--'';
       (D) in subparagraph (B) (as redesignated by subparagraph 
     (B)), by striking ``subparagraph (B)'' and inserting 
     ``subparagraph (A)''; and
       (E) in subparagraph (C) (as redesignated by subparagraph 
     (B)), by striking ``(A), (B), and (C)'' and inserting ``(A) 
     and (B)''; and
       (2) in the second sentence of paragraph (3), by striking 
     ``full amount of State approved'' and all that follows 
     through ``maximum allowable''.
       (b) Conforming Amendments.--Section 18 of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1769) is 
     amended--
       (1) by striking subsection (f); and
       (2) by redesignating subsection (g) through (k) as 
     subsections (f) through (j), respectively.
       (c) Effective Date.--The amendments made by this section 
     take effect on January 1 of the first full calendar year 
     following the date of enactment of this Act.
       On page 663, between lines 17 and 18, insert the following:

    Subtitle F--Food Employment Empowerment and Development Program

     SEC. 4851. SHORT TITLE.

       This subtitle may be cited as the ``Food Employment 
     Empowerment and Development Program Act of 2007'' or the 
     ``FEED Act of 2007''.

     SEC. 4852. DEFINITIONS.

       In this subtitle:
       (1) Eligible entity.--The term ``eligible entity'' means an 
     entity that meets the requirements of section 4013(b).
       (2) Vulnerable subpopulation.--
       (A) In general.--The term ``vulnerable subpopulation'' 
     means low-income individuals, unemployed individuals, and 
     other subpopulations identified by the Secretary as being 
     likely to experience special risks from hunger or a special 
     need for job training.
       (B) Inclusions.--The term ``vulnerable subpopulation'' 
     includes--
       (i) addicts (as defined in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802));
       (ii) at-risk youths (as defined in section 1432 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6472));
       (iii) individuals that are basic skills deficient (as 
     defined in section 101 of the Workforce Investment Act of 
     1998 (29 U.S.C. 2801));
       (iv) homeless individuals (as defined in section 17(b) of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786(b));
       (v) homeless youths (as defined in section 387 of the 
     Runaway and Homeless Youth Act (42 U.S.C. 5732a));
       (vi) individuals with disabilities (as defined in section 3 
     of the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12102));
       (vii) low-income individuals (as defined in section 101 of 
     the Workforce Investment Act of 1998 (29 U.S.C. 2801)); and

[[Page S14527]]

       (viii) older individuals (as defined in section 102 of the 
     Older Americans Act of 1965 (42 U.S.C. 3002)).

     SEC. 4853. FOOD EMPLOYMENT EMPOWERMENT AND DEVELOPMENT 
                   PROGRAM.

       (a) Establishment.--The Secretary shall establish a food 
     employment empowerment and development program under which 
     the Secretary shall make grants to eligible entities to 
     encourage the effective use of community resources to combat 
     hunger and the root causes of hunger by creating opportunity 
     through food recovery and job training.
       (b) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall be a public agency, or 
     private nonprofit institution, that conducts, or will 
     conduct, 2 or more of the following activities as an integral 
     part of the normal operation of the entity:
       (1) Recovery of donated food from area restaurants, 
     caterers, hotels, cafeterias, farms, or other food service 
     businesses.
       (2) Distribution of meals or recovered food to--
       (A) nonprofit organizations described in section 501(c)(3) 
     of the Internal Revenue Code of 1986;
       (B) entities that feed vulnerable subpopulations; and
       (C) other agencies considered appropriate by the Secretary.
       (3) Training of unemployed and underemployed adults for 
     careers in the food service industry.
       (4) Carrying out of a welfare-to-work job training program 
     in combination with--
       (A) production of school meals, such as school meals served 
     under the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 
     U.S.C. 1771 et seq.); or
       (B) support for after-school programs, such as programs 
     conducted by community learning centers (as defined in 
     section 4201(b) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7171(b))).
       (c) Use of Funds.--An eligible entity may use a grant 
     awarded under this section for--
       (1) capital investments related to the operation of the 
     eligible entity;
       (2) support services for clients, including staff, of the 
     eligible entity and individuals enrolled in job training 
     programs;
       (3) purchase of equipment and supplies related to the 
     operation of the eligible entity or that improve or directly 
     affect service delivery;
       (4) building and kitchen renovations that improve or 
     directly affect service delivery;
       (5) educational material and services;
       (6) administrative costs, in accordance with guidelines 
     established by the Secretary; and
       (7) additional activities determined appropriate by the 
     Secretary.
       (d) Preferences.--In awarding grants under this section, 
     the Secretary shall give preference to eligible entities that 
     perform, or will perform, any of the following activities:
       (1) Carrying out food recovery programs that are integrated 
     with--
       (A) culinary worker training programs, such as programs 
     conducted by a food service management institute under 
     section 21 of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1769b-1);
       (B) school education programs; or
       (C) programs of service-learning (as defined in section 101 
     of the National and Community Service Act of 1990 (42 U.S.C. 
     12511)).
       (2) Providing job skills training, life skills training, 
     and case management support to vulnerable subpopulations.
       (3) Integrating recovery and distribution of food with a 
     job training program.
       (4) Maximizing the use of an established school, community, 
     or private food service facility or resource in meal 
     preparation and culinary skills training.
       (5) Providing job skills training, life skills training, 
     and case management support to vulnerable subpopulations.
       (e) Eligibility for Job Training.--To be eligible to 
     receive job training assistance from an eligible entity using 
     a grant made available under this section, an individual 
     shall be a member of a vulnerable subpopulation.
       (f) Performance Indicators.--The Secretary shall establish, 
     for each year of the program, performance indicators and 
     expected levels of performance for meal and food distribution 
     and job training for eligible entities to continue to receive 
     and use grants under this section.
       (g) Technical Assistance.--
       (1) In general.--The Secretary shall provide technical 
     assistance to eligible entities that receive grants under 
     this section to assist the eligible entities in carrying out 
     programs under this section using the grants.
       (2) Form.--Technical assistance for a program provided 
     under this subsection includes--
       (A) maintenance of a website, newsletters, email 
     communications, and other tools to promote shared 
     communications, expertise, and best practices;
       (B) hosting of an annual meeting or other forums to provide 
     education and outreach to all programs participants;
       (C) collection of data for each program to ensure that the 
     performance indicators and purposes of the program are met or 
     exceeded;
       (D) intervention (if necessary) to assist an eligible 
     entity to carry out the program in a manner that meets or 
     exceeds the performance indicators and purposes of the 
     program;
       (E) consultation and assistance to an eligible entity to 
     assist the eligible entity in providing the best services 
     practicable to the community served by the eligible entity, 
     including consultation and assistance related to--
       (i) strategic plans;
       (ii) board development;
       (iii) fund development;
       (iv) mission development; and
       (v) other activities considered appropriate by the 
     Secretary;
       (F) assistance considered appropriate by the Secretary 
     regarding--
       (i) the status of program participants;
       (ii) the demographic characteristics of program 
     participants that affect program services;
       (iii) any new idea that could be integrated into the 
     program; and
       (iv) the review of grant proposals; and
       (G) any other forms of technical assistance the Secretary 
     considers appropriate.
       (h) Relationship to Other Law.--
       (1) Bill emerson good samaritan food donation act.--An 
     action taken by an eligible entity using a grant provided 
     under this section shall be covered by the Bill Emerson Good 
     Samaritan Food Donation Act (42 U.S.C. 1791).
       (2) Food handling guidelines.--In using a grant provided 
     under this section, an eligible entity shall comply with any 
     applicable food handling guideline established by a State or 
     local authority.
       (3) Inspections.--An eligible entity using a grant provided 
     under this section shall be exempt from inspection under 
     sections 303.1(d)(2)(iii) and 381.10(d)(2)(iii) of volume 9, 
     Code of Federal Regulations (or a successor regulation), if 
     the eligible entity--
       (A) has a hazard analysis and critical control point 
     (HACCP) plan;
       (B) has a sanitation standard operating procedure (SSOP); 
     and
       (C) otherwise complies with the Federal Meat Inspection Act 
     (21 U.S.C. 601 et seq.) and the Poultry Products Inspection 
     Act (21 U.S.C. 451 et seq.).
       (i) Maximum Amount of Grant.--The amount of a grant 
     provided to an eligible entity for a fiscal year under this 
     section shall not exceed $200,000.
       (j) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section $20,000,000 for each of fiscal years 
     2008 through 2012.
       (2) Technical assistance.--Of the amount of funds that are 
     made available for a fiscal year under paragraph (1), the 
     Secretary shall use to provide technical assistance under 
     subsection (g) not more than the greater of--
       (A) 5 percent of the amount of funds that are made 
     available for the fiscal year under paragraph (1); or
       (B) $1,000,000.
       Beginning on page 691, strike line 21 and all that follows 
     through page 692, line 17.
       On page 981, line 12, strike ``$16,000,000'' and insert 
     ``$30,000,000''.
       Beginning on page 1046, strike line 15 and all that follows 
     through page 1053, line 23, and insert the following:

     SEC. 8002. COMMUNITY FORESTS WORKING LAND PROGRAM.

       Section 7 of the Cooperative Forestry Assistance Act of 
     1978 (16 U.S.C. 2103c) is amended--
       (1) by redesignating subsection (m) as subsection (n); and
       (2) by inserting after subsection (l) the following:
       ``(m) Community Forests Working Land Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Community forest land.--The term `community forest 
     land' means a parcel of land that is--
       ``(i) forested; and
       ``(ii) located, as determined by the Secretary, within, or 
     in close proximity to, a population center.
       ``(B) Unit of local government.--The term `unit of local 
     government' means a town, city, or other unit of local 
     government.
       ``(2) Purposes.--The purposes of the community forests 
     working land program are--
       ``(A) to help protect environmentally important forest land 
     near population centers, as determined by the Secretary;
       ``(B) to facilitate land use planning by units of local 
     government; and
       ``(C) to facilitate the donations, acceptance, and 
     enforcement of conservation easements on community forest 
     land.
       ``(3) Establishment.--The Secretary, in cooperation with 
     the States, shall offer financial and technical assistance to 
     units of local government by providing, in priority areas (as 
     defined by the Secretary)--
       ``(A) financial assistance to purchase conservation 
     easements on, facilitate the donation, acceptance, and 
     enforcement of conservation easements on, or otherwise 
     acquire, community forest land; and
       ``(B) technical assistance to facilitate--
       ``(i) conservation of community forests;
       ``(ii) management of community forests;
       ``(iii) training related to forest management and forest 
     conservation; and
       ``(iv) other forest conservation activities, as determined 
     by the Secretary.
       ``(4) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $65,000,000 
     for each of fiscal years 2008 through 2012.''.
       On page 1112, line 8, strike ``$300,000,000'' and insert 
     ``$360,000,000''.
       On page 1129, line 18, strike ``$230,000,000'' and insert 
     ``$300,000,000''.
       On page 1150, strike lines 11 through 24 and insert the 
     following:

[[Page S14528]]

       ``(h) Funding.--Of the funds of the Commodity Credit 
     Corporation, the Secretary of Agriculture shall use to carry 
     out this section $345,000,000 for the period of fiscal years 
     2008 through 2012, to remain available until expended.''.
       On page 1295, strike lines 6 through 11 and insert the 
     following:
       ``(A) Funding.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall make available to carry out 
     this subsection $15,000,000 for each of fiscal years 2008 
     through 2012.'';
       (ii) in subparagraph (B), by striking ``authorized to be 
     appropriated under subparagraph (A)'' and inserting ``made 
     available under subparagraph (A)''; and
       (iii) by adding at the end the following:
                                 ______
                                 
  SA 3712. Mr. HARKIN 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 755, after line 22, insert the following:

     SEC. 60_. WATER OR WASTE DISPOSAL LOANS.

       Section 306(a) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1926(a)) (as amended by section 
     6010) is amended by adding at the end the following:
       ``(29) Water or waste disposal loans.--For fiscal year 2008 
     and each subsequent fiscal year, the Secretary shall make or 
     guarantee water or waste disposal loans under this title, and 
     the loan guarantee programs funded from the Agricultural 
     Credit Insurance Fund, under the authority and conditions 
     (including the fees, borrower interest rate, and the economic 
     assumptions of the President, as of September 1, 2006) 
     provided by the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2006 
     (Public Law 109-97; 119 Stat. 2120).''.
                                 ______
                                 
  SA 3713. Mr. HARKIN 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 1491, between lines 11 and 12, insert the 
     following:

     SEC. 12319. CERTAIN INCOME AND GAINS RELATING TO ALCOHOL 
                   FUELS AND MIXTURES, BIODIESEL FUELS AND 
                   MIXTURES, AND ALTERNATIVE FUELS AND MIXTURES 
                   TREATED AS QUALIFYING INCOME FOR PUBLICLY 
                   TRADED PARTNERSHIPS.

       (a) In General.--Subparagraph (E) of section 7704(d)(1) 
     (defining qualifying income) is amended by inserting ``, or 
     the transportation or storage of any fuel described in 
     subsection (b), (c), (d), or (e) of section 6426, any alcohol 
     fuel as defined in section 6426(b)(4)(A) (including any neat 
     alcohol fuel), or any biodiesel fuel as defined in section 
     40A(d)(1)(A) (including neat biodiesel fuel)'' after 
     ``timber''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act, 
     in taxable years ending after such date.
                                 ______
                                 
  SA 3714. Mr. HARKIN 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 1491, between lines 11 and 12, insert the 
     following:

     SEC. 12319. CERTAIN INCOME AND GAINS RELATING TO ALCOHOL 
                   FUELS AND MIXTURES, BIODIESEL FUELS AND 
                   MIXTURES, AND ALTERNATIVE FUELS AND MIXTURES 
                   TREATED AS QUALIFYING INCOME FOR PUBLICLY 
                   TRADED PARTNERSHIPS.

       (a) In General.--Subparagraph (E) of section 7704(d)(1) 
     (defining qualifying income) is amended by inserting ``, or 
     the transportation or storage of any fuel described in 
     subsection (b), (c), (d), or (e) of section 6426, any alcohol 
     fuel as defined in section 6426(b)(4)(A) (including any neat 
     alcohol fuel), or any biodiesel fuel as defined in section 
     40A(d)(1)(A) (including neat biodiesel fuel)'' after 
     ``timber)''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act, 
     in taxable years ending after such date.
                                 ______
                                 
  SA 3715. Mr. HARKIN 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. 110__. COMPETITION REQUIREMENTS FOR PURCHASES FROM 
                   FEDERAL PRISON INDUSTRIES.

       (a) In General.--The Secretary shall cause the Acquisition 
     Regulation of the Department of Agriculture established under 
     chapter 4 of title 48, Code of Federal Regulations, to be 
     modified in accordance with subsection (b).
       (b) Administration.--
       (1) Competitive procedures.--A purchase of a product from 
     Federal Prison Industries shall be made using competitive 
     procedures (including the competition requirements applicable 
     to a purchase under a multiple award contract), if--
       (A) market research conducted by the Department of 
     Agriculture determines that the product offered by Federal 
     Prison Industries is comparable in price, quality, or time of 
     delivery to products of the private sector that best meets 
     the needs of the Department in terms of price, quality, and 
     time of delivery; or
       (B) Federal Prison Industries has a significant share of 
     the Federal market for a product listed in the latest edition 
     of the Federal Prison Industries catalog issued pursuant to 
     section 4124(d) of title 18, United States Code.
       (2) Offers.--In conducting a purchase described in 
     paragraph (1), the Secretary shall consider a timely offer 
     made by Federal Prison Industries.
       (3) Significant share of federal market.--For the purposes 
     of this subsection, Federal Prison Industries shall be 
     treated as having a significant share of the Federal market 
     for a product if the Secretary, in consultation with the 
     Administrator of the Office of Federal Procurement Policy, 
     determines that the share of Federal Prison Industries of the 
     Federal market for the category of the product is 
     significant.
                                 ______
                                 
  SA 3716. Mr. HARKIN 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 1511, line 25, strike all through page 
     1517, line 19, and insert the following:
       ``(2) Allocation by secretary.--
       ``(A) In general.--In accordance with subparagraph (B), the 
     Secretary shall allocate the amount described in paragraph 
     (1) among at least 20 qualified projects, or such lesser 
     number of qualified projects--
       ``(i) with proper applications filed after 12 months after 
     the adoption of the selection process under subparagraph (B), 
     and
       ``(ii) for purposes provided for in regional investment 
     strategies for which regional innovation grants are awarded 
     under section 385F of subtitle I of the Consolidated Farm and 
     Rural Development Act.
       ``(B) Selection process.--In consultation with the 
     Secretary of Agriculture, the Secretary shall adopt a process 
     to select projects described in subparagraph (A). Under such 
     process, the Secretary shall not allocate more than 15 
     percent of the allocation under subparagraph (A) to qualified 
     projects within a single State.
       ``(g) Credit Included in Gross Income.--Gross income 
     includes the amount of the credit allowed to the taxpayer 
     under this section (determined without regard to subsection 
     (c)) and the amount so included shall be treated as interest 
     income.
       ``(h) Special Rules Relating to Expenditures.--
       ``(1) In general.--An issue shall be treated as meeting the 
     requirements of this subsection if, as of the date of 
     issuance, the qualified issuer reasonably expects--
       ``(A) at least 95 percent of the proceeds from the sale of 
     the issue are to be spent for 1 or more qualified projects 
     within the 5-year period beginning on the date of issuance of 
     the rural renaissance bond,
       ``(B) a binding commitment with a third party to spend at 
     least 10 percent of the proceeds from the sale of the issue 
     will be incurred within the 6-month period beginning on the 
     date of issuance of the rural renaissance bond or, in the 
     case of a rural renaissance bond the proceeds of which are to 
     be loaned to 2 or more qualified borrowers, such binding 
     commitment will be incurred within the 6-month period 
     beginning on the date of the loan of such proceeds to a 
     qualified borrower, and
       ``(C) such projects will be completed with due diligence 
     and the proceeds from the sale of the issue will be spent 
     with due diligence.
       ``(2) Extension of period.--Upon submission of a request 
     prior to the expiration of the period described in paragraph 
     (1)(A), the Secretary may extend such period if the qualified 
     issuer establishes that the failure to satisfy the 5-year 
     requirement is due to reasonable cause and the related 
     projects will continue to proceed with due diligence.
       ``(3) Failure to spend required amount of bond proceeds 
     within 5 years.--To the extent that less than 95 percent of 
     the proceeds of such issue are expended by the close of the 
     5-year period beginning on the date of issuance (or if an 
     extension has been obtained under paragraph (2), by the close 
     of the extended period), the qualified issuer

[[Page S14529]]

     shall redeem all of the nonqualified bonds within 90 days 
     after the end of such period. For purposes of this paragraph, 
     the amount of the nonqualified bonds required to be redeemed 
     shall be determined in the same manner as under section 142.
       ``(i) Special Rules Relating to Arbitrage.--A bond which is 
     part of an issue shall not be treated as a rural renaissance 
     bond unless, with respect to the issue of which the bond is a 
     part, the qualified issuer satisfies the arbitrage 
     requirements of section 148 with respect to proceeds of the 
     issue.
       ``(j) Definitions and Special Rules Relating to Issuers and 
     Borrowers.--For purposes of this section--
       ``(1) Qualified issuer.--The term `qualified issuer' 
     means--
       ``(A) a rural renaissance bond lender,
       ``(B) a cooperative electric company, or
       ``(C) a governmental body.
       ``(2) Qualified borrower.--The term `qualified borrower' 
     means--
       ``(A) a mutual or cooperative electric company described in 
     section 501(c)(12) or 1381(a)(2)(C), or
       ``(B) a governmental body.
       ``(3) Rural renaissance bond lender.--The term `rural 
     renaissance bond lender' means a lender which is a 
     cooperative which is owned by, or has outstanding loans to, 
     100 or more cooperative electric companies and is in 
     existence on February 1, 2002, and shall include any 
     affiliated entity which is controlled by such lender.
       ``(4) Cooperative electric company.--The term `cooperative 
     electric company' means a mutual or cooperative electric 
     company described in section 501(c)(12) or section 
     1381(a)(2)(C), or a not-for-profit electric utility which has 
     received a loan or loan guarantee under the Rural 
     Electrification Act.
       ``(5) Governmental body.--The term `governmental body' 
     means any State, territory, possession of the United States, 
     the District of Columbia, Indian tribal government, and any 
     political subdivision thereof.
       ``(k) Special Rules Relating to Pool Bonds.--No portion of 
     a pooled financing bond may be allocable to loan unless the 
     borrower has entered into a written loan commitment for such 
     portion prior to the issue date of such issue.
       ``(l) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Bond.--The term `bond' includes any obligation.
       ``(2) Pooled financing bond.--The term `pooled financing 
     bond' shall have the meaning given such term by section 
     149(f)(4)(A).
       ``(3) Rural area.--The term `rural area' shall have the 
     meaning given such term by section 1393(a)(2).
       ``(4) Partnership; s corporation; and other pass-thru 
     entities.--
       ``(A) In general.--Under regulations prescribed by the 
     Secretary, in the case of a partnership, trust, S 
     corporation, or other pass-thru entity, rules similar to the 
     rules of section 41(g) shall apply with respect to the credit 
     allowable under subsection (a).
       ``(B) No basis adjustment.--In the case of a bond held by a 
     partnership or an S corporation, rules similar to the rules 
     under section 1397E(i) shall apply.
       ``(5) Bonds held by regulated investment companies.--If any 
     rural renaissance bond is held by a regulated investment 
     company, the credit determined under subsection (a) shall be 
     allowed to shareholders of such company under procedures 
     prescribed by the Secretary.
       ``(6) Reporting.--Issuers of rural renaissance bonds shall 
     submit reports similar to the reports required under section 
     149(e).
       ``(7) Termination.--This section shall not apply with 
     respect to any bond issued after December 31, 2008.''.
                                 ______
                                 
  SA 3717. Mr. GRASSLEY (for himself and Mr. Kohl) submitted an 
amendment intended to be proposed to amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1214, strike line 6 and all that follows through 
     page 1220, line 11, and insert the following:

     SEC. 10201. SPECIAL COUNSEL FOR AGRICULTURAL COMPETITION.

       (a) Definitions.--In this section:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity''--
       (A) has the meaning given that term in section 102 of the 
     Agricultural Trade Act of 1978 (7 U.S.C. 5602); and
       (B) does not include biofuels.
       (2) Agricultural cooperative.--The term ``agricultural 
     cooperative'' means an association of persons that meets the 
     requirements of the Capper-Volstead Act (7 U.S.C. 291 et 
     seq.).
       (3) Agricultural industry.--The term ``agricultural 
     industry''--
       (A) means any dealer, processor, commission merchant, or 
     broker involved in the buying or selling of agricultural 
     commodities; and
       (B) does not include sale or marketing at the retail level.
       (4) Antitrust laws.--The term ``antitrust laws'' has the 
     meaning given that term in the first section of the Clayton 
     Act (15 U.S.C. 12).
       (5) Assistant attorney general.--The term ``Assistant 
     Attorney General'' means the Assistant Attorney General in 
     charge of the Antitrust Division of the Department of 
     Justice.
       (6) Biofuel.--The term ``biofuel'' has the meaning given 
     that term in section 9001 of the Farm Security and Rural 
     Investment Act of 2002, as amended by section 9001 of this 
     Act.
       (7) Broker.--The term ``broker'' means any person 
     (excluding an agricultural cooperative) engaged in the 
     business of negotiating sales and purchases of any 
     agricultural commodity in commerce for or on behalf of the 
     vendor or the purchaser.
       (8) Chairman.--The term ``Chairman'' means the Chairman of 
     the Federal Trade Commission.
       (9) Commission merchant.--The term ``commission merchant'' 
     means any person (excluding an agricultural cooperative) 
     engaged in the business of receiving in commerce any 
     agricultural commodity for sale, on commission, or for or on 
     behalf of another.
       (10) Dealer.--The term ``dealer'' means any person 
     (excluding an agricultural cooperative) engaged in the 
     business of buying, selling, or marketing agricultural 
     commodities in commerce, except that no person shall be 
     considered a dealer with respect to sales or marketing of any 
     agricultural commodity produced by that person.
       (11) Processor.--The term ``processor'' means any person 
     (excluding an agricultural cooperative) engaged in the 
     business of handling, preparing, or manufacturing (including 
     slaughtering) an agricultural commodity, or the products of 
     such agricultural commodity, for sale or marketing in 
     commerce for human consumption (excluding sale or marketing 
     at the retail level).
       (12) Special counsel.--The term ``Special Counsel'' means 
     the Special Counsel for Agricultural Competition of the 
     Department of Agriculture established under section 11 of the 
     Packers and Stockyards Act, 1921, as added by this Act.
       (13) Task force.--The term ``Task Force'' means the 
     Agriculture Competition Task Force established under 
     subsection (b).
       (b) Agriculture Competition Task Force.--
       (1) Establishment.--There is established, under the 
     authority of the Attorney General, the Agriculture 
     Competition Task Force, to examine problems in agricultural 
     competition.
       (2) Membership.--The Task Force shall consist of--
       (A) the Assistant Attorney General, who shall serve as 
     chairperson of the Task Force;
       (B) the Special Counsel;
       (C) a representative from the Federal Trade Commission;
       (D) a representative from the Department of Agriculture, 
     Office of Packers and Stockyards;
       (E) 1 representative selected jointly by the attorneys 
     general of States desiring to participate in the Task Force;
       (F) 1 representative selected jointly by the heads of the 
     departments of agriculture (or similar such agency) of States 
     desiring to participate in the Task Force;
       (G) 8 individuals who represent the interests of small 
     family farmers, ranchers, independent producers, packers, 
     processors, and other components of the agricultural 
     industry--
       (i) 2 of whom shall be selected by the Majority Leader of 
     the Senate;
       (ii) 2 of whom shall be selected by the Minority Leader of 
     the Senate;
       (iii) 2 of whom shall be selected by the Speaker of the 
     House of Representatives; and
       (iv) 2 of whom shall be selected by the Minority Leader of 
     the House of Representatives; and
       (H) 4 academics or other independent experts working in the 
     field of agriculture, agricultural law, antitrust law, or 
     economics--
       (i) 1 of whom shall be selected by the Majority Leader of 
     the Senate;
       (ii) 1 of whom shall be selected by the Minority Leader of 
     the Senate;
       (iii) 1 of whom shall be selected by the Speaker of the 
     House of Representatives; and
       (iv) 1 of whom shall be selected by the Minority Leader of 
     the House of Representatives.
       (3) Duties.--The Task Force shall--
       (A) study problems in competition in the agricultural 
     industry;
       (B) establish ways to coordinate Federal and State 
     activities to address unfair and deceptive practices and 
     concentration in the agricultural industry;
       (C) work with representatives from agriculture and rural 
     communities to identify abusive practices in the agricultural 
     industry;
       (D) submit to Congress such reports as the Task Force 
     determines appropriate on the state of family farmers and 
     ranchers, and the impact of agricultural concentration and 
     unfair business practices on rural communities in the United 
     States; and
       (E) make such recommendations to Congress as the Task Force 
     determines appropriate on agricultural competition issues, 
     which shall include any additional or dissenting views of the 
     members of the Task Force.
       (4) Working group.--
       (A) In general.--The Task Force shall establish a working 
     group on buyer power to study the effects of concentration, 
     monopsony, and oligopsony in agriculture, make 
     recommendations to the Assistant Attorney General and the 
     Chairman, and assist the Assistant Attorney General and the 
     Chairman

[[Page S14530]]

     in drafting agricultural guidelines under subsection (d)(1).
       (B) Members.--The working group shall include any member of 
     the Task Force selected under paragraph (2)(H).
       (5) Meetings.--
       (A) First meeting.--The Task Force shall hold its initial 
     meeting not later than the later of--
       (i) 90 days after the date of enactment of this Act; and
       (ii) 30 days after the date of enactment of an Act making 
     appropriations to carry out this subsection.
       (B) Minimum number.--The Task Force shall meet not less 
     than once each year, at the call of the chairperson.
       (6) Compensation.--
       (A) In general.--The members of the Task Force shall serve 
     without compensation.
       (B) Travel expenses.--Members of the Task Force shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with subchapter I of chapter 57 of 
     title 5, United States Code.
       (7) Staff of task force; experts and consultants.--
       (A) Staff.--
       (i) Appointment.--The chairperson of the Task Force may, 
     without regard to the provisions of chapter 51 of title 5, 
     United States Code (relating to appointments in the 
     competitive service), appoint and terminate an executive 
     director and such other staff as are necessary to enable the 
     Task Force to perform its duties. The appointment of an 
     executive director shall be subject to approval by the Task 
     Force.
       (ii) Compensation.--The chairperson of the Task Force may 
     fix the compensation of the executive director and other 
     staff without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code 
     (relating to classification of positions and General Schedule 
     pay rates), except that the rate of pay for the executive 
     director and other staff may not exceed the rate of basic pay 
     payable for level V of the Executive Schedule under section 
     5315 of title 5, United States Code, as in effect from time 
     to time.
       (B) Experts and consultants.--The Task Force may procure 
     temporary and intermittent services of experts and 
     consultants in accordance with section 3109(b) of title 5, 
     United States Code.
       (8) Powers of the task force.--
       (A) Hearings and meetings.--The Task Force, or a member of 
     the Task Force if authorized by the Task Force, may hold such 
     hearings, sit and act at such time and places, take such 
     testimony, receive such evidence, and administer such oaths 
     or affirmations as the Task Force considers to be 
     appropriate.
       (B) Official data.--
       (i) In general.--The Task Force may obtain directly from 
     any executive agency (as defined in section 105 of title 5, 
     United States Code) or court information necessary to enable 
     it to carry out its duties under this subsection. On the 
     request of the chairperson of the Task Force, and consistent 
     with any other law, the head of an executive agency or of a 
     Federal court shall provide such information to the Task 
     Force.
       (ii) Confidential information.--The Task Force shall adopt 
     procedures that ensure that confidential information is 
     adequately protected.
       (C) Facilities and support services.--The Administrator of 
     General Services shall provide to the Task Force on a 
     reimbursable basis such facilities and support services as 
     the Task Force may request. On request of the Task Force, the 
     head of an executive agency may make any of the facilities or 
     services of such agency available to the Task Force, on a 
     reimbursable or nonreimbursable basis, to assist the Task 
     Force in carrying out its duties under this subsection.
       (D) Expenditures and contracts.--The Task Force or, on 
     authorization of the Task Force, a member of the Task Force 
     may make expenditures and enter into contracts for the 
     procurement of such supplies, services, and property as the 
     Task Force or such member considers to be appropriate for the 
     purpose of carrying out the duties of the Task Force. Such 
     expenditures and contracts may be made only to such extent or 
     in such amounts as are provided in advance in appropriation 
     Acts.
       (E) Mails.--The Task Force may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (F) Gifts, bequests, and devises.--The Task Force may 
     accept, use, and dispose of gifts, bequests, or devises of 
     services or property, both real and personal, for the purpose 
     of aiding or facilitating the work of the Task Force. Gifts, 
     bequests, or devises of money and proceeds from sales of 
     other property received as gifts, bequests, or devises shall 
     be deposited in the Treasury and shall be available for 
     disbursement upon order of the Task Force.
       (9) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection $1,000,000 
     for each of fiscal years 2008, 2009, and 2010.
       (c) Authorization for Additional Staff and Funding.--There 
     are authorized to be appropriated such sums as are necessary 
     to hire additional employees (including agricultural law and 
     economics experts) for the Transportation, Energy, and 
     Agriculture Section of the Antitrust Division of the 
     Department of Justice, to enhance the review of agricultural 
     transactions and monitor, investigate, and prosecute unfair 
     and deceptive practices in the agricultural industry.
       (d) Ensuring Full and Free Competition in Agriculture.--
       (1) Agricultural guidelines.--
       (A) Findings.--Congress finds the following:
       (i) The effective enforcement of the antitrust laws in 
     agriculture requires that the antitrust enforcement agencies 
     have guidelines with respect to mergers and other 
     anticompetitive conduct that are focused on the special 
     circumstances of agricultural commodity markets.
       (ii) There has been a substantial increase in concentration 
     in the markets in which agricultural commodities are sold, 
     with the result that buyers of agricultural commodities often 
     possess regional dominance in the form of oligopsony or 
     monopsony relative to sellers of such commodities. A 
     substantial part of this increase in market concentration is 
     the direct result of mergers and acquisitions that the 
     antitrust enforcement agencies did not challenge, in part 
     because of the lack of guidelines focused on identifying 
     particular structural characteristics in the agricultural 
     industry and the adverse competitive effects that such 
     acquisitions and mergers would create.
       (iii) The cost of transportation, impact on quality, and 
     delay in sales of agricultural commodities if they are to be 
     transported to more distant buyers may result in narrow 
     geographic markets with respect to buyer power.
       (iv) Buyers have no economic incentive to bid up the price 
     of agricultural commodities in the absence of effective 
     competition. Further, the nature of buying may make it 
     feasible for larger numbers of buyers to engage in tacit or 
     overt collusion to restrain price competition.
       (v) Buyers with oligopsonistic or monopsonistic power have 
     incentives to engage in unfair, discriminatory, and 
     exclusionary acts that cause producers of agricultural 
     commodities to receive less than a competitive price for 
     their goods, transfer economic risks to sellers without 
     reasonable compensation, and exclude sellers from access to 
     the market.
       (vi) Markets for agricultural commodities often involve 
     contexts in which many producers have relatively limited 
     information and bargaining power with respect to the sale of 
     their commodities. These conditions invite buyers with 
     significant oligopsonistic or monopsonistic power to exercise 
     that power in ways that involve discrimination and undue 
     differentiation among sellers.
       (B) Issuance of guidelines.--After consideration of the 
     findings under subparagraph (A), the Assistant Attorney 
     General and the Chairman, in consultation with the Special 
     Counsel, shall issue agricultural guidelines that--
       (i) facilitate a fair, open, accessible, transparent, and 
     efficient market system for agricultural products;
       (ii) recognize that not decreasing competition in the 
     purchase of agricultural products by highly concentrated 
     firms from a sector in perfect competition is entirely 
     consistent with the objective of the antitrust laws to 
     protect consumers and enhance consumer benefits from 
     competition; and
       (iii) require the Assistant Attorney General or the 
     Chairman, as the case may be, to challenge any merger or 
     acquisition in the agricultural industry, if the effect of 
     that merger or acquisition may be to substantially lessen 
     competition or tend to create a monopoly.
       (C) Contents.--The agricultural guidelines issued under 
     subparagraph (B) shall consist of merger guidelines relating 
     to existing and potential competition and vertical 
     integration that--
       (i) establish appropriate methodologies for determining the 
     geographic and product markets for mergers affecting 
     agricultural commodity markets;
       (ii) establish thresholds of increased concentration that 
     raise a concern that the merger will have an adverse effect 
     on competition in the affected agricultural commodities 
     markets;
       (iii) identify potential adverse competitive effects of 
     mergers in agricultural commodities markets in a nonexclusive 
     manner; and
       (iv) identify the factors that would permit an enforcement 
     agency to determine when a merger in the agricultural 
     commodities market might avoid liability because it is not 
     likely to have an adverse effect on competition.
       (2) Agriculture competition task force working group on 
     buying power.--In issuing agricultural guidelines under this 
     subsection, the Chairman and the Assistant Attorney General 
     shall consult with the working group on buyer power of the 
     Task Force established under subsection (b)(4).
       (3) Completion.--Not later than 2 years after the date of 
     enactment of this Act, the Chairman and the Assistant 
     Attorney General shall--
       (A) issue agricultural guidelines under this subsection;
       (B) submit to Congress the agricultural guidelines issued 
     under this subsection; and
       (C) submit to Congress a report explaining the basis for 
     the guidelines, including why it incorporated or did not 
     incorporate each recommendation of the working group on buyer 
     power of the Task Force established under subsection (b)(4).
       (4) Report.--Not later than 30 months after the date of 
     enactment of this Act, the Chairman and the Assistant 
     Attorney General shall jointly submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the

[[Page S14531]]

     House of Representatives regarding the issuing of 
     agricultural guidelines under this subsection.
       (e) Special Counsel for Agricultural Competition.--
       (1) In general.--The Packers and Stockyards Act, 1921 (7 
     U.S.C. 181 et seq.) is amended--
       (A) by striking the title I heading and all that follows 
     through ``This Act'' and inserting the following:

                     ``TITLE I--GENERAL PROVISIONS

                       ``Subtitle A--Definitions

     ``SEC. 1. SHORT TITLE.

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

       ``Subtitle B--Special Counsel for Agricultural Competition

     ``SEC. 11. SPECIAL COUNSEL FOR AGRICULTURAL COMPETITION.

       ``(a) Establishment.--
       ``(1) In general.--There is established within the 
     Department of Agriculture an office to be known as the 
     `Office of Special Counsel for Agricultural Competition' 
     (referred to in this section as the `Office').
       ``(2) Duties.--The Office shall--
       ``(A) have responsibility for all duties and functions of 
     the Packers and Stockyards programs of the Department of 
     Agriculture;
       ``(B) investigate and prosecute violations of this Act and 
     the Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et 
     seq.);
       ``(C) analyze mergers within the food and agricultural 
     sectors, in consultation with the Chief Economist of the 
     Department of Agriculture, the Assistant Attorney General in 
     charge of the Antitrust Division of the Department of 
     Justice, and the Chairman of the Federal Trade Commission, as 
     required under section 10201(f) of the Food and Energy 
     Security Act of 2007;
       ``(D) serve as a liaison between, and act in consultation 
     with, the Department of Agriculture, the Department of 
     Justice, and the Federal Trade Commission with respect to 
     competition and trade practices in the food and agricultural 
     sector; and
       ``(E) maintain sufficient employees (including antitrust 
     and litigation attorneys, economists, investigators, and 
     other professionals with the appropriate expertise) to 
     appropriately carry out the responsibilities of the Office.
       ``(b) Special Counsel for Agricultural Competition.--
       ``(1) In general.--The Office shall be headed by the 
     Special Counsel for Agricultural Competition (referred to in 
     this section as the `Special Counsel'), who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(2) Independence of special authority.--
       ``(A) In general.--The Special Counsel shall report to and 
     be under the general supervision of the Secretary.
       ``(B) Direction, control, and support.--The Special Counsel 
     shall be free from the direction and control of any person in 
     the Department of Agriculture other than the Secretary.
       ``(C) Prohibition on delegation.--The Secretary may not 
     delegate any duty described in subsection (a)(2) to any other 
     officer or employee of the Department other than the Special 
     Counsel.
       ``(D) Reporting requirement.--
       ``(i) In general.--Twice each year, the Special Counsel 
     shall submit to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate a report that shall include, for 
     the relevant reporting period, a description of--

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

       ``(ii) Requirement.--The basis for each complaint, 
     investigation, or civil or administrative action described in 
     a report under clause (i) shall--

       ``(I) be organized by species; and
       ``(II) indicate if the complaint, investigation, or civil 
     or administration action was for anti-competitive, unfair, or 
     deceptive practices under this Act or was a violation of the 
     Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et 
     seq.).

       ``(E) Removal.--
       ``(i) In general.--The Special Counsel may be removed from 
     office by the President.
       ``(ii) Communication.--The President shall communicate the 
     reasons for any such removal to both Houses of Congress.
       ``(3) Prosecutorial authority.--Subject to paragraph (4), 
     the Special Counsel may commence, defend, or intervene in, 
     and supervise the litigation of, any civil or administrative 
     action authorized under this Act or the Agricultural Fair 
     Practices Act of 1967 (7 U.S.C. 2301 et seq.).
       ``(4) Procedure for exercise of authority to litigate or 
     appeal.--
       ``(A) In general.--Prior to commencing, defending, or 
     intervening in any civil action under this Act or the 
     Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et 
     seq.), the Special Counsel shall give written notification 
     to, and attempt to consult with, the Attorney General with 
     respect to the proposed action.
       ``(B) Failure to respond.--If, not later than 45 days after 
     the date of provision of notification under subparagraph (A), 
     the Attorney General has failed to commence, defend, or 
     intervene in the proposed action, the Special Counsel may 
     commence, defend, or intervene in, and supervise the 
     litigation of, the action and any appeal of the action in the 
     name of the Special Counsel.
       ``(C) Authority of attorney general to intervene.--Nothing 
     in this paragraph precludes the Attorney General from 
     intervening on behalf of the United States in any civil 
     action under this Act or the Agricultural Fair Practices Act 
     of 1967 (7 U.S.C. 2301 et seq.), or in any appeal of such 
     action, as may be otherwise provided by law.
       ``(c) Relationship to Other Provisions.--Nothing in this 
     section modifies or otherwise effects subsections (a) and (b) 
     of section 406.
       ``(d) Authorization.--There are authorized to be 
     appropriated such sums as are necessary to carry out 
     subsection (a)(2)(E).''.
       (2) Conforming amendment.--Section 5315 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``Special Counsel for Agricultural Competition.''.
       (f) Agribusiness Merger Review and Enforcement by the 
     Department of Agriculture.--
       (1) Notice.--The Assistant Attorney General or the 
     Commissioner, as appropriate, shall notify the Secretary of 
     any filing under section 7A of the Clayton Act (15 U.S.C. 
     18a) involving a merger or acquisition in the agricultural 
     industry, and shall give the Secretary the opportunity to 
     participate in the review proceedings.
       (2) Review.--
       (A) In general.--After receiving notice of a merger or 
     acquisition under paragraph (1), the Secretary may submit to 
     the Assistant Attorney General or the Commissioner, as 
     appropriate, and publish the comments of the Secretary 
     regarding that merger or acquisition, including a 
     determination regarding whether the merger or acquisition may 
     present significant competition and buyer power concerns, 
     such that further review by the Assistant Attorney General or 
     the Commissioner, as appropriate, is warranted.
       (B) Second requests.--For any merger or acquisition 
     described in paragraph (1), if the Assistant Attorney General 
     or the Chairman, as the case may be, requires the submission 
     of additional information or documentary material under 
     section 7A(e)(1)(A) of the Clayton Act (15 U.S.C. 
     18a(e)(1)(A))--
       (i) copies of any materials provided in response to such a 
     request shall be made available to the Secretary; and
       (ii) the Secretary--

       (I) shall submit to the Assistant Attorney General or the 
     Chairman such additional comments as the Secretary determines 
     appropriate; and
       (II) shall publish a summary of any comments submitted 
     under subclause (I).

       (3) Report.--
       (A) In general.--The Secretary shall submit an annual 
     report to Congress regarding the review of mergers and 
     acquisitions described in paragraph (1).
       (B) Contents.--Each report submitted under subparagraph (A) 
     shall provide a description of each merger or acquisition 
     described in paragraph (1) that was reviewed by the Secretary 
     during the year before the date that report is submitted, 
     including--
       (i) the name and total resources of each entity involved in 
     that merger or acquisition;
       (ii) a statement of the views of the Secretary regarding 
     the competitive effects of that merger or acquisition on 
     agricultural markets, including rural communities and small, 
     independent producers; and
       (iii) a statement indicating whether the Assistant Attorney 
     General or the Chairman, as the case may be, instituted a 
     proceeding or action under the antitrust laws, and if so, the 
     status of that proceeding or action.
       (g) Authorization for Additional Staff and Funding for the 
     Grain Inspection, Packers, and Stockyards Administration.--
     There are authorized to be appropriated such sums as are 
     necessary to enhance the capability of the Grain Inspection, 
     Packers, and Stockyards Administration to monitor, 
     investigate, and pursue the competitive implications of 
     structural changes in the meat packing and poultry industries 
     by hiring litigating attorneys to allow the Grain Inspection, 
     Packers, and Stockyards Administration to more 
     comprehensively and effectively pursue its enforcement 
     activities.
                                 ______
                                 
  SA 3718. 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 391, strike lines 24 and 25 and insert the 
     following:
       (A) in paragraph (2)--
       (i) by striking subparagraph (A) and inserting the 
     following:

[[Page S14532]]

       On page 392, line 18, insert ``and'' after the semicolon.
       On page 392, between lines 18 and 19, by inserting the 
     following:
       (ii) by adding at the end the following:
       ``(C) Certain payments.--Once a producer receives over 
     $240,000 in cumulative payments under the program, regardless 
     of the number of contracts entered into by the producer under 
     this chapter, the cost-share applicable to payments to that 
     producer shall be not more than 25 percent.'';
                                 ______
                                 
  SA 3719. Mr. FEINGOLD (for himself and Mr. Menendez) 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 title I, insert the following:

                    Subtitle H--Flexible State Funds

     SEC. 1941. OFFSET.

       (a) Offset.--
       (1) In general.--Except as provided in paragraph (3) and 
     notwithstanding any other provision of this Act, for the 
     period beginning on October 1, 2007, and ending on September 
     30, 2012, the Secretary shall reduce the total amount of 
     payments described in paragraph (2) received by the producers 
     on a farm by 35 percent.
       (2) Payment.--A payment described in this paragraph is a 
     payment in an amount of more than $10,000 for the crop year 
     that is--
       (A) a direct payment for a covered commodity or peanuts 
     received by the producers on a farm for a crop year under 
     section 1103 or 1303; or
       (B) the fixed payment component of an average crop revenue 
     payment for a covered commodity or peanuts received by the 
     producers on a farm for a crop year under section 1401(b)(2).
       (3) Application.--This subsection does not apply to a 
     payment provided under a contract entered into by the 
     Secretary before the date of enactment of this Act.
       (b) Savings.--The Secretary shall ensure, to the maximum 
     extent practicable, that any savings resulting from 
     subsection (a) are used--
       (1) to provide $15,000,000 for each of fiscal years 2008 
     through 2012 to carry out section 379F of the Consolidated 
     Farm and Rural Development Act (as added by section 1943);
       (2) to provide an additional $35,000,000 for fiscal year 
     2008 and $40,000,000 for each of fiscal years 2009 through 
     2012 to carry out section 231 of the Agricultural Risk 
     Protection Act of 2000 (7 U.S.C. 1621 note; Public Law 106-
     224) (as amended by section 6401);
       (3) to provide an additional $5,000,000 for each of fiscal 
     years 2008 through 2012 to carry out the grassland reserve 
     program established under subchapter C of chapter 2 of 
     subtitle D of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3838n et seq.);
       (4) to provide an additional $10,000,000 for each of fiscal 
     years 2008 through 2012 to carry out section 2501 of the 
     Food, Agriculture, Conservation, and Trade Act of 1990 (7 
     U.S.C. 2279)) (as amended by section 11052);
       (5) to provide an additional $30,000,000 for each of fiscal 
     years 2008 through 2012 to carry out the farmland protection 
     program established under subchapter B of chapter 2 of 
     subtitle D of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3838h et seq.) (commonly known as the ``Farm and Ranch 
     Lands Protection Program'') ;
       (6) to provide an additional $5,000,000 for fiscal year 
     2008 to carry out the Farmers' Market Promotion Program 
     established under section 6 of the Farmer-to-Consumer Direct 
     Marketing Act of 1976 (7 U.S.C. 3005);
       (7) to carry out sections 4101 and 4013 (and the amendments 
     made by those sections), without regards to paragraphs (1) 
     and (3) of section 4908(b); and
       (8) to make any funds that remain available after providing 
     funds under paragraphs (1) through (7) to the Commodity 
     Credit Corporation for use in carrying out section 1942.

     SEC. 1942. FLEXIBLE STATE FUNDS.

       (a) Funding.--
       (1) Base grants.--The Secretary shall make a grant to each 
     State to be used to benefit agricultural producers and rural 
     communities in the State, in the amount of--
       (A) for fiscal year 2008, $220,000; and
       (B) for the period of fiscal years 2009 through 2017, 
     $2,500,000.
       (2) Proportional funding.--
       (A) In general.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall allocate amounts described 
     in section 1941(b)(4) among the States based on the 
     proportion of savings realized under section 1941(a) for each 
     State.
       (B) State funds.--The Secretary shall maintain a separate 
     account for each State consisting of amounts allocated for 
     the State in accordance with subparagraph (A).
       (C) Use of funds.--The Secretary shall use amounts 
     maintained in a State account described in subparagraph (B) 
     to carry out eligible programs in the appropriate State in 
     accordance with a determination made by a State board under 
     subsection (b)(4).
       (b) State Boards.--
       (1) In general.--Each State shall establish a State board 
     that consists of the State directors of--
       (A) the Farm Service Agency;
       (B) the Natural Resources Conservation Service; and
       (C) the programs carried out by the Under Secretary for 
     Rural Development.
       (2) State concurrence.--Before any allocation of funds is 
     made to a State board, the Secretary shall ensure that the 
     applicable State department of agriculture reviews and is in 
     concurrence with the proposed allocation.
       (3) Producer stakeholder input.--A State board established 
     under paragraph (1) shall conduct appropriate outreach 
     activities with respect to producers and local rural and 
     agriculture industry leaders to collect information and 
     provide advice regarding the needs and preferred uses of the 
     funds provided under this section.
       (4) Determination.--
       (A) In general.--Each State board shall determine the use 
     of funds allocated under subsection (a)(2) among the eligible 
     programs described in subsection (c)(1).
       (B) Requirement.--Of the funds allocated under subsection 
     (a)(2) during each 5-year period, at least 20 percent of the 
     funds shall be used to carry out eligible programs described 
     in subparagraphs (M) through (P) of subsection (c)(1).
       (c) Eligible Programs.--
       (1) In general.--Funds allocated to a State under 
     subsection (b) may be used in the State--
       (A) to provide stewardship payments for conservation 
     practices under the conservation security program established 
     under subchapter A of chapter 2 of subtitle D of title XII of 
     the Food Security Act of 1985 (16 U.S.C. 3838 et seq.);
       (B) to provide cost share for projects to reduce pollution 
     under the environmental quality incentives program 
     established under chapter 4 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3839aa et seq.), 
     including manure management;
       (C) to assist States and local groups to purchase 
     development rights from farms and slow suburban sprawl under 
     the farmland protection program established under subchapter 
     B of chapter 2 of subtitle D of title XII of the Food 
     Security Act of 1985 (16 U.S.C. 3838h et seq.) (commonly 
     known as the ``Farm and Ranch Lands Protection Program'');
       (D) the grassland reserve program established under 
     subchapter C of chapter 2 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3838n et seq.);
       (E) to provide loans and loan guarantees to improve 
     broadband access in rural areas in accordance with the 
     program under section 601 of the Rural Electrification Act of 
     1936 (7 U.S.C. 950bb);
       (F) to provide to rural community facilities loans and 
     grants under section 306(a) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1926(a));
       (G) to provide water or waste disposal grants or direct or 
     guaranteed loans under paragraph (1) or (2) of section 306(a) 
     of the Consolidated Farm and Rural Development Act (7 U.S.C. 
     1926(a));
       (H) to make value-added agricultural product market 
     development grants under section 231 of the Agricultural Risk 
     Protection Act of 2000 (7 U.S.C. 1621 note; Public Law 106-
     224);
       (I) the rural microenterprise assistance program under 
     section 366 of the Consolidated Farm and Rural Development 
     Act (as added by section 6022);
       (J) to provide organic certification cost share or 
     transition funds under the national organic program 
     established under the Organic Foods Production Act of 1990 (7 
     U.S.C. 6501 et seq.);
       (K) to provide grants under the Rural Energy for America 
     Program established under section 9007 of the Farm Security 
     and Rural Investment Act of 2002 (as amended by section 
     9001);
       (L) to provide grants under the Farmers' Market Promotion 
     Program established under section 6 of the Farmer-to-Consumer 
     Direct Marketing Act of 1976 (7 U.S.C. 3005);
       (M) to provide vouchers for the seniors farmers' market 
     nutrition program under section 4402 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 3007);
       (N) to provide vouchers for the farmers' market nutrition 
     program established under section 17(m) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(m));
       (O) to provide grants to improve access to local foods and 
     school gardens under section 18(i) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1769(i)); and
       (P) subject to paragraph (2), to provide additional locally 
     or regionally produced commodities for use by the State any 
     of--
       (i) the fresh fruit and vegetable program under section 19 
     of the Richard B. Russell National School Lunch Act (as added 
     by section 4903);
       (ii) the commodity supplemental food program established 
     under section 5 of the Agriculture and Consumer Protection 
     Act of 1973 (7 U.S.C. 612c note; Public Law 93-86);
       (iii) the emergency food assistance program established 
     under the Emergency Food Assistance Act of 1983 (7 U.S.C. 
     7501 et seq.);
       (iv) the child and adult care food program established 
     under section 17 of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1766); and
       (v) the food distribution program on Indian reservations 
     established under section 4(b) of the Food and Nutrition Act 
     of 2007 (7 U.S.C. 2013(b)).
       (2) Waivers.--

[[Page S14533]]

       (A) In general.--The Secretary may waive a local or 
     regional purchase requirement under any program described in 
     clauses (i) through (v) of paragraph (1)(P) if the applicable 
     State board demonstrates to the satisfaction of the Secretary 
     that a sufficient quality or quantity of a local or regional 
     product is not available.
       (B) Effect.--A product purchased by a State board that 
     receives a waiver under subparagraph (A) in lieu of a local 
     or regional product shall be produced in the United States.
       (d) Maintenance of Effort.--Funds made available to a 
     program of a State under this section shall be in addition 
     to, and shall not supplant, any other funds provided to the 
     program under any other Federal, State, or local law 
     (including regulations).

     SEC. 1943. GRANTS TO IMPROVE TECHNICAL INFRASTRUCTURE AND 
                   IMPROVE QUALITY OF RURAL HEALTH CARE 
                   FACILITIES.

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

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

       ``(a) Definitions.--In this section:
       ``(1) Health information technology.--The term `health 
     information technology' includes total expenditures incurred 
     for--
       ``(A) purchasing, leasing, and installing computer software 
     and hardware, including handheld computer technologies, and 
     related services;
       ``(B) making improvements to computer software and 
     hardware;
       ``(C) purchasing or leasing communications capabilities 
     necessary for clinical data access, storage, and exchange;
       ``(D) services associated with acquiring, implementing, 
     operating, or optimizing the use of computer software and 
     hardware and clinical health care informatics systems;
       ``(E) providing education and training to rural health 
     facility staff on information systems and technology designed 
     to improve patient safety and quality of care; and
       ``(F) purchasing, leasing, subscribing, or servicing 
     support to establish interoperability that--
       ``(i) integrates patient-specific clinical data with well-
     established national treatment guidelines;
       ``(ii) provides continuous quality improvement functions 
     that allow providers to assess improvement rates over time 
     and against averages for similar providers; and
       ``(iii) integrates with larger health networks.
       ``(2) Rural area.--The term `rural area' means any area of 
     the United States that is not--
       ``(A) included in the boundaries of any city, town, 
     borough, or village, whether incorporated or unincorporated, 
     with a population of more than 20,000 residents; or
       ``(B) an urbanized area contiguous and adjacent to such a 
     city, town, borough, or village.
       ``(3) Rural health facility.--The term `rural health 
     facility' means any of--
       ``(A) a hospital (as defined in section 1861(e) of the 
     Social Security Act (42 U.S.C. 1395x(e)));
       ``(B) a critical access hospital (as defined in section 
     1861(mm) of that Act (42 U.S.C. 1395x(mm)));
       ``(C) a Federally qualified health center (as defined in 
     section 1861(aa) of that Act (42 U.S.C. 1395x(aa))) that is 
     located in a rural area;
       ``(D) a rural health clinic (as defined in that section (42 
     U.S.C. 1395x(aa)));
       ``(E) a medicare-dependent, small rural hospital (as 
     defined in section 1886(d)(5)(G) of that Act (42 U.S.C. 
     1395ww(d)(5)(G))); and
       ``(F) a physician or physician group practice that is 
     located in a rural area.
       ``(b) Establishment of Program.--The Secretary shall 
     establish a program under which the Secretary shall provide 
     grants to rural health facilities for the purpose of 
     assisting the rural health facilities in--
       ``(1) purchasing health information technology to improve 
     the quality of health care or patient safety; or
       ``(2) otherwise improving the quality of health care or 
     patient safety, including through the development of--
       ``(A) quality improvement support structures to assist 
     rural health facilities and professionals--
       ``(i) to increase integration of personal and population 
     health services; and
       ``(ii) to address safety, effectiveness, patient- or 
     community-centeredness, timeliness, efficiency, and equity; 
     and
       ``(B) innovative approaches to the financing and delivery 
     of health services to achieve rural health quality goals.
       ``(c) Amount of Grant.--The Secretary shall determine the 
     amount of a grant provided under this section.
       ``(d) Provision of Information.--A rural health facility 
     that receives a grant under this section shall provide to the 
     Secretary such information as the Secretary may require--
       ``(1) to evaluate the project for which the grant is used; 
     and
       ``(2) to ensure that the grant is expended for the purposes 
     for which the grant was provided.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section such sums as are necessary for each of fiscal 
     years 2008 through 2012.''.
                                 ______
                                 
  SA 3720. Mr. SCHUMER 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 272, after line 24, add the following:

     SEC. 19__ SHARE OF RISK; REIMBURSEMENT RATE; FUNDING AND 
                   ADMINISTRATION.

       (a) Share of Risk.--
       (1) In general.--Section 508(k)(3) of the Federal Crop 
     Insurance Act (7 U.S.C. 1508(k)(3)) is amended--
       (A) by striking ``require the reinsured'' and inserting the 
     following: ``require--
       ``(A) the reinsured'';
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(B)(i) the cumulative underwriting gain or loss, and the 
     associated premium and losses with such amount, calculated 
     under any reinsurance agreement (except livestock) ceded to 
     the Corporation by each approved insurance provider to be not 
     less than 12.5 percent; and
       ``(ii) the Corporation to pay a ceding commission to 
     reinsured companies of 2 percent of the premium used to 
     define the loss ratio for the book of business of the 
     approved insurance provider that is described in clause 
     (i).''.
       (2) Conforming amendments.--Section 516(a)(2) of the 
     Federal Crop Insurance Act (7 U.S.C. 1516(a)(2)) is amended 
     by adding at the end the following:
       ``(E) Costs associated with the ceding commissions 
     described in section 508(k)(3)(B)(ii).''.
       (3) Effective date.--The amendments made by this section 
     take effect on June 30, 2008.
       (b) Reimbursement Rate.--Notwithstanding section 1911, 
     section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(k)(4)) (as amended by section 1906(2)) is amended--
       (1) in subparagraph (A), by striking ``Except as provided 
     in subparagraph (B)'' and inserting ``Except as otherwise 
     provided in this paragraph''; and
       (2) by adding at the end the following:
       ``(E) Reimbursement rate reduction.--For each of the 2009 
     and subsequent reinsurance years, the reimbursement rates for 
     administrative and operating costs shall be 4.0 percentage 
     points below the rates in effect as of the date of enactment 
     of the Food and Energy Security Act of 2007 for all crop 
     insurance policies used to define loss ratio, except that the 
     reduction shall not apply in a reinsurance year to the total 
     premium written in a State in which the State loss ratio is 
     greater than 1.2.
       ``(F) Reimbursement rate for area policies and plans of 
     insurance.--Notwithstanding subparagraphs (A) through (E), 
     for each of the 2009 and subsequent reinsurance years, the 
     reimbursement rate for area policies and plans of insurance 
     shall be 17 percent of the premium used to define loss ratio 
     for that reinsurance year.''.
       (c) Funding and Administration.--Notwithstanding section 
     2401, section 1241(a) of the Food Security Act of 1985 (16 
     U.S.C. 3841(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``2007'' and inserting ``2012''; and
       (2) by striking paragraphs (3) through (7) and inserting 
     the following:
       ``(3) The conservation security program under subchapter A 
     of chapter 2, using $2,317,000,000 to administer contracts 
     entered into as of the day before the date of enactment of 
     the Food and Energy Security Act of 2007, to remain available 
     until expended.
       ``(4) The conservation stewardship program under subchapter 
     B of chapter 6.
       ``(5) The farmland protection program under subchapter B of 
     chapter 2, using, to the maximum extent practicable, 
     $110,000,000 for each of fiscal years 2008 through 2012.
       ``(6) The grassland reserve program under chapter C of 
     chapter 2, using, to the maximum extent practicable, 
     $300,000,000 for the period of fiscal years 2008 through 
     2012.
       ``(7) The environmental quality incentives program under 
     chapter 4, using, to the maximum extent practicable--
       ``(A) $1,345,000,000 for fiscal year 2008;
       ``(B) $1,350,000,000 for fiscal year 2009;
       ``(C) $1,385,000,000 for fiscal year 2010; and
       ``(D) $1,420,000,000 for each of fiscal years 2011 and 
     2012.''.
                                 ______
                                 
  SA 3721. Mr. SCHUMER 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 305, after line 19, add the following:

     SEC. 2202. MUCK SOIL CONSERVATION GRANT PROGRAM.

       (a) Establishment.--As soon as practicable after the date 
     of enactment of this

[[Page S14534]]

     Act, the Secretary shall establish a muck soil conservation 
     grant program under which the Secretary shall make grants to 
     eligible owners and operators of land described in subsection 
     (b) to assist the owners and operators to conserve and 
     improve the soil, water, and wildlife resources of the land.
       (b) Eligible Owner or Operator.--To be eligible to receive 
     a grant under this section, an individual shall be an owner 
     of operator of land--
       (1) that is comprised of soil that qualifies as muck, as 
     determined by the Secretary;
       (2) that is used for production of an agricultural crop;
       (3) within which is planted, during each appropriate 
     growing season--
       (A) a spring cover crop that is planted in conjunction with 
     a primary agricultural crop described in paragraph (2); and
       (B) a winter crop; and
       (4) that has ditch banks that are--
       (A) seeded with grass; and
       (B) maintained on a year-round basis.
       (c) Amount of Grant.--A grant provided under this section 
     shall be in an amount that is--
       (1) not less than $300 per acre, per year; and
       (2) not greater than $500 per acre, per year.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each of fiscal years 2008 through 2012.
                                 ______
                                 
  SA 3722. Mr. DURBIN (for himself and Mrs. Dole) 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 552, strike lines 3 through 6 and insert the 
     following:
       (5) in subsection (l)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Of the funds of the Commodity Credit 
     Corporation, the President shall use to carry out this 
     section--
       ``(A) $140,000,000 for fiscal year 2009;
       ``(B) $180,000,000 for fiscal year 2010;
       ``(C) $220,000,000 for fiscal year 2011; and
       ``(D) $260,000,000 for fiscal year 2012.''; and
       (B) in paragraph (2), by striking ``such sums'' and all 
     that follows through ``2007'' and inserting ``$300,000,000 
     for each of fiscal years 2008 through 2012''.

     SEC. 3109. OFFSET.

       Section 901(b)(4)(A) of the Trade Act of 1974 (as added by 
     section 12101(a)) is amended by striking clause (ii) and 
     inserting the following:
       ``(ii)(I) 30 percent of the amount of any direct payments 
     made to the producer under section 1103 of the Farm Security 
     and Rural Investment Act of 2002 (7 U.S.C. 7913) or section 
     1103 of the Food and Energy Security Act of 2007 or of any 
     fixed direct payments made at the election of the producer in 
     lieu of that section or a subsequent section; and
       ``(II) 20 percent of the amount of any counter-cyclical 
     payments made to the producer under section 1104 of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 7914) or 
     section 1104 of the Food and Energy Security Act of 2007 or 
     of any revenue enhancement payment made at the election of 
     the producer in lieu of that section or a subsequent 
     section;''.
                                 ______
                                 
  SA 3723. Mr. DURBIN 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. 11072. REGULATION OF THE PET INDUSTRY.

       (a) High-Volume Retailers and Importers.--
       (1) In general.--The Animal Welfare Act is amended by 
     adding after section 19 (7 U.S.C. 2149) the following:

     ``SEC. 20. REGULATION OF HIGH-VOLUME RETAILERS AND IMPORTERS.

       ``(a) Definitions.--In this section:
       ``(1) Certified third-party inspector.--The term `certified 
     third-party inspector' means a nonprofit organization 
     certified by the Secretary in accordance with subsection (d).
       ``(2) Importer.--The term `importer' has the same meaning 
     as the term `regulated person', except that the term also 
     includes any person that imports into the United States any 
     dog or cat for resale.
       ``(3) Regulated person.--
       ``(A) In general.--The term `regulated person' means any 
     person who in commerce, for compensation or profit, delivers 
     for transportation, or transports, except as a carrier, buys, 
     or sells, or negotiates the purchase or sale of--
       ``(i) any dog or other animal (whether alive or dead) for 
     research, teaching, or exhibition;
       ``(ii) any dog or cat (whether alive or dead) at wholesale 
     or retail; or
       ``(iii) any dog or cat imported into the United States for 
     resale.
       ``(B) Exceptions.--The term `regulated person' does not 
     include--
       ``(i) a retail pet store, except for a retail pet store 
     that sells--

       ``(I) any animal to a research facility, an exhibitor, or a 
     regulated person; or
       ``(II) any dog or cat imported into the United States 
     directly by the retail pet store;

       ``(ii) any animal shelter, rescue organization, or other 
     person that does not operate for profit; or
       ``(iii) any person that--

       ``(I) sells dogs and cats only at retail;
       ``(II) does not import dogs and cats for resale; and
       ``(III)(aa) sells not more than the total number of dogs 
     and cats described in subparagraph (C); or
       ``(bb) in accordance with regulations promulgated by the 
     Secretary, is determined to be in compliance with the 
     standards of a third-party inspector certified under 
     subsection (d).

       ``(C) Description.--The number of dogs and cats referred to 
     in subparagraph (B)(iii)(III)(aa) is not more than--
       ``(i) a total of 25 dogs and cats not bred or raised on the 
     premises of the seller during a calendar year; or
       ``(ii)(I) the number of dogs and cats bred or raised during 
     a calendar year on the premises of the seller and sold 
     directly at retail to persons who purchase the dogs and cats 
     for personal use and enjoyment and not for resale, provided 
     that the total number sold during a calendar year is not more 
     than the greater of 25 dogs and cats or the dogs and cats 
     from not more than 6 litters; and
       ``(II) a total of 25 other dogs and cats not bred or raised 
     on the premises of the seller during the calendar year.
       ``(4) Retail.--The term `retail' means any sale that is not 
     at wholesale.
       ``(5) Retail pet store.--
       ``(A) In general.--The term `retail pet store' means a 
     retail business establishment that--
       ``(i) maintains a physical premises that is open to the 
     public; and
       ``(ii) sells pet animals directly to the public from the 
     retail business premises.
       ``(B) Exclusion.--The term `retail pet store' does not 
     include--
       ``(i) a person breeding dogs or cats to sell at wholesale 
     or retail; or
       ``(ii) a person importing dogs or cats from outside the 
     United States for resale.
       ``(6) Wholesale.--The term `wholesale' means the sale of an 
     animal for resale.
       ``(b) Treatment of Regulated Persons.--The Secretary shall 
     treat a regulated person in the same manner that the 
     Secretary treats a dealer under this Act.
       ``(c) Alternative Licensing Option.--The Secretary may 
     issue a license under section 3 to a regulated person that 
     deals in dogs or cats if the regulated person--
       ``(1) has demonstrated that the facilities of the regulated 
     person comply with standards promulgated by the Secretary in 
     accordance with section 13; or
       ``(2) has demonstrated in accordance with regulations 
     promulgated by the Secretary that the facilities of the 
     regulated person comply with standards established by a 
     certified third-party inspector.
       ``(d) Third-Party Inspectors.--
       ``(1) Regulations.--
       ``(A) In general.--Not later than 36 months after the date 
     of enactment of this subsection, the Secretary shall 
     promulgate regulations under which the Secretary may certify 
     nonprofit organizations that the Secretary determines to have 
     standards and inspection protocols that are at least as 
     protective of animal welfare as those promulgated by the 
     Secretary in accordance with section 13(a)(2).
       ``(B) Requirements.--Regulations promulgated under 
     subparagraph (A) shall--
       ``(i) establish procedures under which the Secretary may 
     certify third-party inspectors, including provisions for 
     public notice of--

       ``(I) third-party certification applications;
       ``(II) certification decisions by the Secretary; and
       ``(III) the standards and inspection protocols of certified 
     third-party inspectors;

       ``(ii) require each certified third-party inspector to be 
     recertified not less than once every 3 years;
       ``(iii) establish procedures under which the Secretary 
     shall decertify a certified third-party inspector that the 
     Secretary determines has failed to maintain standards and 
     inspection protocols that are at least as protective of 
     animal welfare as those promulgated by the Secretary in 
     accordance with section 13(a)(2);
       ``(iv) require each certified third-party inspector to 
     immediately notify the Secretary of any person inspected by 
     the certified third-party inspector--

       ``(I) whose conduct places the health of an animal in 
     serious danger; or
       ``(II) who otherwise fails to comply with the standards 
     established by the inspector (including a description of the 
     specific failure);

       ``(v) require each certified third-party inspector to 
     submit to the Secretary an annual summary report describing--

       ``(I) the number of inspections conducted;
       ``(II) the number of persons found to be out-of-compliance 
     with the standards of the certified third-party inspector and 
     the response actions taken;
       ``(III) the types of non-compliance found; and

[[Page S14535]]

       ``(IV) such other information about the program of the 
     certified third-party inspector as the Secretary shall 
     require, without revealing personal information about 
     inspected persons, to ensure that the program of the third-
     party inspector is maintaining standards and inspection 
     protocols that are at least as protective of animal welfare 
     as those promulgated by the Secretary in accordance with 
     section 13(a)(2);

       ``(vi) require certified third-party inspectors to submit 
     to the Secretary copies of all inspection reports on an 
     annual basis;
       ``(vii) establish procedures under which the Secretary may 
     require certified third-party inspectors to participate in 
     training and education programs carried out through the 
     Animal and Plant Health Inspection Service; and
       ``(viii) establish procedures for compliance audits of 
     third-party inspections.
       ``(C) FOIA exemption.--Section 552 of title 5, United 
     States Code (commonly known as the `Freedom of Information 
     Act') shall not apply to reports described in subparagraph 
     (B)(vi).
       ``(2) Inspections.--
       ``(A) In general.--The Secretary shall promulgate 
     regulations under which a regulated person dealing in dogs 
     and cats may elect to have a certified third-party inspector 
     inspect the regulated person and report the results of the 
     inspection to the Secretary in lieu of inspection by the 
     Secretary.
       ``(B) Third-party inspections optional.--No regulated 
     person shall be required under this Act to be inspected by a 
     certified third-party inspector.
       ``(C) Limitation.--No person other than a regulated person 
     may make the election described in subparagraph (A).
       ``(3) Enforcement.--
       ``(A) In general.--The Secretary shall have exclusive 
     enforcement authority over any violation of this Act.
       ``(B) Initiation of action.--The Secretary shall 
     investigate and, if appropriate, initiate enforcement action 
     under this Act, immediately upon receiving notification under 
     paragraph (1)(B)(iv).
       ``(4) Use of appropriated funds.--
       ``(A) In general.--The Secretary may use funds appropriated 
     to the Department of Agriculture to carry out this 
     subsection.
       ``(B) Prohibition.--A certified third-party inspector may 
     not use funds appropriated to Department of Agriculture.
       ``(e) Access to Source Records for Dogs and Cats.--
     Notwithstanding any other provision of this Act, all 
     regulated persons and retail pet stores shall prepare, 
     retain, and make available at all reasonable times for 
     inspection and copying by the Secretary, for such reasonable 
     period of time as the Secretary may prescribe, a record of--
       ``(1)(A) the name and address of the person from whom each 
     dog or cat acquired for resale was purchased or otherwise 
     acquired; or
       ``(B) if that information is not known, the source of the 
     dog or cat; and
       ``(2) if the person from whom the dog or cat was obtained 
     is a dealer licensed by the Secretary, the Federal dealer 
     identification number of the person.
       ``(f) Importation of Live Dogs and Cats.--
       ``(1) Findings.--Congress finds that--
       ``(A) regulating imports of dogs and cats for resale, 
     including restricting importation of puppies and kittens for 
     resale, is consistent with provisions of international 
     agreements to which the United States is a party that 
     expressly allow for measures that are necessary--
       ``(i) to protect animal life or health;
       ``(ii) to protect human health; and
       ``(iii) to enjoin the use of deceptive trade practices in 
     international and domestic commerce;
       ``(B) the importation of puppies into the United States for 
     resale is increasing;
       ``(C) the breeding of puppies and kittens in foreign 
     countries for resale in the United States creates 
     opportunities and incentives for evasion of United States 
     laws (including regulations) relating to the humane care and 
     treatment of breeding stock, puppies, and kittens;
       ``(D) the conditions under which puppies are transported 
     into the United States for resale are frequently inhumane and 
     in violation of domestic and international standards;
       ``(E) there is an unacceptably high incidence of disease 
     and death among puppies imported into the United States for 
     resale;
       ``(F) the importation of puppies and kittens for resale 
     creates unacceptable incentives for evasion of United States 
     laws (including regulations) intended to protect animal and 
     human health in the United States, including quarantine 
     regulations; and
       ``(G) puppies and kittens imported for resale may be 
     accompanied by fraudulent health and breeding documents, 
     imposing high economic and emotional costs and fraud on 
     United States citizens.
       ``(2) Enforcement.--An importer that fails to comply with 
     any Federal law (including a regulation) relating to the 
     importation of live dogs and cats into the United States 
     shall be subject to this Act, including penalties under 
     section 19.
       ``(3) Regulations.--Not later than 24 months after the date 
     of enactment of this section, the Secretary, in consultation 
     with the Secretary of Health and Human Services, the 
     Secretary of Commerce, and the Secretary of Homeland 
     Security, shall promulgate regulations relating to the 
     importation of live dogs and cats into the United States for 
     resale.
       ``(4) Requirements.--Regulations promulgated under 
     paragraph (3) shall require that--
       ``(A) any importer that imports into the United States a 
     dog or cat in violation of this Act shall provide for the 
     care, forfeiture, and adoption of the dog or cat, at the 
     expense of the importer; and
       ``(B) dogs imported into the United States for resale--
       ``(i) be not less than 6 months of age;
       ``(ii) have received all necessary vaccinations, as 
     determined by the Secretary; and
       ``(iii) be in good health, as determined by the 
     Secretary.''.
       (2) Regulations.--Not later than 36 months after the date 
     of enactment of this Act, the Secretary shall promulgate 
     final regulations to carry out the amendment made by 
     paragraph (1)
       (3) Effective date.--The amendment made by paragraph (1) 
     takes effect on the date on which final regulations described 
     in paragraph (2) take effect.
       (b) Extension of Temporary Suspension Period.--Section 
     19(a) of the Animal Welfare Act (7 U.S.C. 2149) is amended--
       (1) by inserting ``(1)'' after ``(a)''; and
       (2) by adding at the end the following:
       ``(2) Extension of Temporary Suspension Period.--If the 
     Secretary has reason to believe that a violation that results 
     in a temporary suspension pursuant to paragraph (1) is 
     continuing or will continue after the expiration of the 21-
     day temporary suspension period described in that paragraph, 
     and the violation will place the health of any animal in 
     serious danger in violation of this Act, the Secretary may 
     extend the temporary suspension period for such additional 
     period as is necessary to ensure that the health of an animal 
     is not in serious danger, as determined by the Secretary, but 
     not to exceed 60 days.''.
       (c) Authority To Apply for Injunctions.--Section 29 of the 
     Animal Welfare Act (7 U.S.C. 2159) is amended--
       (1) in subsection (a), by inserting ``or that any person is 
     acting as a dealer or exhibitor without a valid license that 
     has not been suspended or revoked, as required by this Act,'' 
     after ``promulgated thereunder,'';
       (2) in subsection (b), by striking the last sentence; and
       (3) by adding at the end the following:
       ``(c) Injunctions; Representation.--
       ``(1) Injunctions.--The Secretary may apply directly to the 
     appropriate United States district court for a temporary 
     restraining order or injunction described in subsection (a).
       ``(2) Representation.--Attorneys of the Department of 
     Agriculture may represent the Secretary in United States 
     district court in any civil action brought under this 
     section.''.
       (d) Effect on State Law.--Nothing in this section or the 
     amendments made by this section (including any regulations 
     promulgated as a result of this section) preempts any State 
     law (including a regulation) that provides stricter 
     requirements than the requirements provided in the amendments 
     made by this section.
                                 ______
                                 
  SA 3724. Mr. DURBIN 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 108, strike line 3 and all that follows 
     through page 123, line 8 and insert the following:
       (A) the 2009, 2010, 2011, and 2012 crop years;
       (B) the 2010, 2011, and 2012 crop years;
       (C) the 2011 and 2012 crop years; or
       (D) the 2012 crop year.
       (2) Election; time for election.--
       (A) In general.--The Secretary shall provide notice to 
     producers regarding the opportunity to make the election 
     described in paragraph (1).
       (B) Notice requirements.--The notice shall include--
       (i) notice of the opportunity of the producers on a farm to 
     make the election; and
       (ii) information regarding the manner in which the election 
     must be made and the time periods and manner in which notice 
     of the election must be submitted to the Secretary.
       (3) Election deadline.--Within the time period and in the 
     manner prescribed pursuant to paragraph (2), the producers on 
     a farm shall submit to the Secretary notice of the election 
     made under paragraph (1).
       (4) Effect of failure to make election.--If the producers 
     on a farm fail to make the election under paragraph (1) or 
     fail to timely notify the Secretary of the election made, as 
     required by paragraph (3), the producers shall be deemed to 
     have made the election to receive payments and loans under 
     subtitle A for all covered commodities and peanuts on the 
     farm for the applicable crop year.
       (b) Payments Required.--
       (1) In general.--In the case of producers on a farm who 
     make the election under subsection (a) to receive average 
     crop revenue payments, for any of the 2009 through 2012 crop 
     years for all covered commodities and peanuts, the Secretary 
     shall make average crop revenue payments available to the 
     producers on a farm in accordance with this subsection.

[[Page S14536]]

       (2) Fixed payment component.--Subject to paragraph (3), in 
     the case of producers on a farm described in paragraph (1), 
     the Secretary shall make average crop revenue payments 
     available to the producers on a farm for each crop year in an 
     amount equal to not less than the product obtained by 
     multiplying--
       (A) $15 per acre; and
       (B) 100 percent of the lower of--
       (i) the quantity of base acres on the farm for all covered 
     commodities and peanuts (as adjusted in accordance with the 
     terms and conditions of section 1101 or 1302, as determined 
     by the Secretary); or
       (ii) the average of the acreage planted or considered 
     planted to the covered commodity or peanuts for harvest on 
     the farm during the 2002 through 2007 crop years.
       (3) Revenue component.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall increase the amount of the average crop revenue 
     payments available to the producers on a farm in a State for 
     a crop year if--
       (i) the actual State revenue for the crop year for the 
     covered commodity or peanuts in the State determined under 
     subsection (c); is less than
       (ii) the average crop revenue program guarantee for the 
     crop year for the covered commodity or peanuts in the State 
     determined under subsection (d).
       (B) Prices.--The Secretary shall increase the amount of the 
     average crop revenue payments available to the producers on a 
     farm in a State for a crop year only if (as determined by the 
     Secretary)--
       (i) the amount determined by multiplying--

       (I) the actual yield for the covered commodity or peanuts 
     of the producers on the farm; and
       (II) the average crop revenue program harvest price for the 
     crop year for the covered commodity or peanuts determined 
     under subsection (c)(3); is less than

       (ii) the amount determined by multiplying--

       (I) the yield used to calculate crop insurance coverage for 
     the covered commodity or peanuts on the farm under the 
     Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) (commonly 
     referred to as ``actual production history''); and
       (II) the pre-planting price for the applicable crop year 
     for the covered commodity or peanuts in a State determined 
     under subsection (d)(3).

       (4) Time for payments.--In the case of each of the 2009 
     through 2012 crop years, the Secretary shall make--
       (A) payments under the fixed payment component described in 
     paragraph (2) not earlier than October 1 of the calendar year 
     in which the crop of the covered commodity or peanuts is 
     harvested; and
       (B) payments under the revenue component described in 
     paragraph (3) beginning October 1, or as soon as practicable 
     thereafter, after the end of the applicable marketing year 
     for the covered commodity or peanuts.
       (c) Actual State Revenue.--
       (1) In general.--For purposes of subsection (b)(3)(A), the 
     amount of the actual State revenue for a crop year of a 
     covered commodity shall equal the product obtained by 
     multiplying--
       (A) the actual State yield for each planted acre for the 
     crop year for the covered commodity or peanuts determined 
     under paragraph (2); and
       (B) the average crop revenue program harvest price for the 
     crop year for the covered commodity or peanuts determined 
     under paragraph (3).
       (2) Actual state yield.--For purposes of paragraph (1)(A) 
     and subsection (d)(1)(A), the actual State yield for each 
     planted acre for a crop year for a covered commodity or 
     peanuts in a State shall equal (as determined by the 
     Secretary)--
       (A) the quantity of the covered commodity or peanuts that 
     is produced in the State during the crop year; divided by
       (B) the number of acres that are planted to the covered 
     commodity or peanuts in the State during the crop year.
       (3) Average crop revenue program harvest price.--
       (A) In general.--For purposes of paragraph (1)(B), subject 
     to subparagraph (B), the average crop revenue program harvest 
     price for a crop year for a covered commodity or peanuts in a 
     State shall equal the harvest price that is used to calculate 
     revenue under revenue coverage plans that are offered for the 
     crop year for the covered commodity or peanuts in the State 
     under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
       (B) Assigned price.--If the Secretary cannot establish the 
     harvest price for a crop year for a covered commodity or 
     peanuts in a State in accordance with subparagraph (A), the 
     Secretary shall assign a price for the covered commodity or 
     peanuts in the State on the basis of comparable price data.
       (d) Average Crop Revenue Program Guarantee.--
       (1) In general.--The average crop revenue program guarantee 
     for a crop year for a covered commodity or peanuts in a State 
     shall equal 90 percent of the product obtained by 
     multiplying--
       (A) the expected State yield for each planted acre for the 
     crop year for the covered commodity or peanuts in a State 
     determined under paragraph (2); and
       (B) the average crop revenue program pre-planting price for 
     the crop year for the covered commodity or peanuts determined 
     under paragraph (3).
       (2) Expected state yield.--
       (A) In general.--For purposes of paragraph (1)(A), subject 
     to subparagraph (B), the expected State yield for each 
     planted acre for a crop year for a covered commodity or 
     peanuts in a State shall equal the projected yield for the 
     crop year for the covered commodity or peanuts in the State, 
     based on a linear regression trend of the yield per acre 
     planted to the covered commodity or peanuts in the State 
     during the 1980 through 2006 period using National 
     Agricultural Statistics Service data.
       (B) Assigned yield.--If the Secretary cannot establish the 
     expected State yield for each planted acre for a crop year 
     for a covered commodity or peanuts in a State in accordance 
     with subparagraph (A) or if the linear regression trend of 
     the yield per acre planted to the covered commodity or 
     peanuts in the State (as determined under subparagraph (A)) 
     is negative, the Secretary shall assign an expected State 
     yield for each planted acre for the crop year for the covered 
     commodity or peanuts in the State on the basis of expected 
     State yields for planted acres for the crop year for the 
     covered commodity or peanuts in similar States.
       (3) Average crop revenue program pre-planting price.--
       (A) In general.--For purposes of paragraph (1)(B), subject 
     to subparagraphs (B) and (C), the average crop revenue 
     program pre-planting price for a crop year for a covered 
     commodity or peanuts in a State shall equal the average price 
     that is used to calculate revenue under revenue coverage 
     plans that are offered for the covered commodity in the State 
     under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) 
     for the crop year and the preceding 2 crop years.
       (B) Assigned price.--If the Secretary cannot establish the 
     pre-planting price for a crop year for a covered commodity or 
     peanuts in a State in accordance with subparagraph (A), the 
     Secretary shall assign a price for the covered commodity or 
     peanuts in the State on the basis of comparable price data.
       (C) Minimum and maximum price.--In the case of each of the 
     2011 through 2012 crop years, the average crop revenue 
     program pre-planting price for a crop year for a covered 
     commodity or peanuts under subparagraph (A) shall not 
     decrease or increase more than 15 percent from the pre-
     planting price for the preceding year.
       (e) Payment Amount.--Subject to subsection (f), if average 
     crop revenue payments are required to be paid for any of the 
     2009 through 2012 crop years of a covered commodity or 
     peanuts under subsection (b)(3), in addition to the amount 
     payable under subsection (b)(2), the amount of the average 
     crop revenue payment to be paid to the producers on the farm 
     for the crop year under this section shall be increased by an 
     amount equal to the product obtained by multiplying--
       (1) the difference between--
       (A) the average crop revenue program guarantee for the crop 
     year for the covered commodity or peanuts in the State 
     determined under subsection (d); and
       (B) the actual State revenue from the crop year for the 
     covered commodity or peanuts in the State determined under 
     subsection (c);
       (2) 95 percent of the acreage planted or considered planted 
     to the covered commodity or peanuts for harvest on the farm 
     in the crop year;
       (3) the quotient obtained by dividing--
       (A) the expected county yield for the crop year, determined 
     for the county in the same manner as the expected State yield 
     is determined for a State under subsection (d)(2); by
       (B) the expected State yield for the crop year, as 
     determined under subsection (d)(2); and
       (4) 90 percent.
       (f) Limitation on Payment Amount.--The amount of the 
     average crop revenue payment to be paid to the producers on a 
     farm for a crop year of a covered commodity or peanuts under 
     subsection (e) shall not exceed 25 percent of the average 
     crop revenue program guarantee for the crop year for the 
     covered commodity or peanuts in a State determined under 
     subsection (d)(1).
       (g) Recourse Loans.--For each of the 2009 through 2012 
     crops of a covered commodity or peanuts, the Secretary shall 
     make available to producers on a farm who elect to receive 
     payments under this section recourse loans, as determined by 
     the Secretary, on any production of the covered commodity.

     SEC. 1402. PRODUCER AGREEMENT AS CONDITION OF AVERAGE CROP 
                   REVENUE PAYMENTS.

       (a) Compliance With Certain Requirements.--
       (1) Requirements.--Before the producers on a farm may 
     receive average crop revenue payments with respect to the 
     farm, the producers shall agree, and in the case of 
     subparagraph (C), the Farm Service Agency shall certify, 
     during the crop year for which the payments are made and in 
     exchange for the payments--
       (A) to comply with applicable conservation requirements 
     under subtitle B of title XII of the Food Security Act of 
     1985 (16 U.S.C. 3811 et seq.);
       (B) to comply with applicable wetland protection 
     requirements under subtitle C of title XII of that Act (16 
     U.S.C. 3821 et seq.); and
       (C) that the individuals or entities receiving payments are 
     producers;
       (D) to use the land on the farm, in a quantity equal to the 
     attributable base acres for the farm and any base acres for 
     peanuts for the farm under part III of subtitle A, for an

[[Page S14537]]

     agricultural or conserving use, and not for a nonagricultural 
     commercial, industrial, or residential use (including land 
     subdivided and developed into residential units or other 
     nonfarming uses, or that is otherwise no longer intended to 
     be used in conjunction with a farming operation), as 
     determined by the Secretary; and
       (E) to effectively control noxious weeds and otherwise 
     maintain the land in accordance with sound agricultural 
     practices, as determined by the Secretary, if the 
     agricultural or conserving use involves the noncultivation of 
     any portion of the land referred to in subparagraph (D).
       (2) Compliance.--The Secretary may issue such rules as the 
     Secretary considers necessary to ensure producer compliance 
     with the requirements of paragraph (1).
       (3) Modification.--At the request of the transferee or 
     owner, the Secretary may modify the requirements of this 
     subsection if the modifications are consistent with the 
     objectives of this subsection, as determined by the 
     Secretary.
       (b) Transfer or Change of Interest in Farm.--
       (1) Termination.--
       (A) In general.--Except as provided in paragraph (2), a 
     transfer of (or change in) the interest of the producers on a 
     farm for which average crop revenue payments are made shall 
     result in the termination of the payments, unless the 
     transferee or owner of the farm agrees to assume all 
     obligations under subsection (a).
       (B) Effective date.--The termination shall take effect on 
     the date determined by the Secretary.
       (2) Exception.--If a producer entitled to an average crop 
     revenue payment dies, becomes incompetent, or is otherwise 
     unable to receive the payment, the Secretary shall make the 
     payment, in accordance with rules issued by the Secretary.
       (c) Acreage Reports.--
       (1) In general.--As a condition on the receipt of any 
     benefits under this subtitle, the Secretary shall require 
     producers on a farm to submit to the Secretary annual acreage 
     reports with respect to all cropland on the farm.
       (2) Penalties.--No penalty with respect to benefits under 
     subtitle shall be assessed against the producers on a farm 
     for an inaccurate acreage report unless the producers on the 
     farm knowingly and willfully falsified the acreage report.
       (d) Tenants and Sharecroppers.--In carrying out this 
     subtitle, the Secretary shall provide adequate safeguards to 
     protect the interests of tenants and sharecroppers.
       (e) Sharing of Payments.--The Secretary shall provide for 
     the sharing of average crop revenue payments among the 
     producers on a farm on a fair and equitable basis.
       (f) Audit and Report.--Each year, to ensure, to the maximum 
     extent practicable, that payments are received only by 
     producers, the Secretary shall--
       (1) conduct an audit of average crop revenue payments; and
       (2) submit to Congress a report that describes the results 
     of that audit.

     SEC. 1403. PLANTING FLEXIBILITY.

       (a) Permitted Crops.--Subject to subsection (b), any 
     commodity or crop may be planted on base acres on a farm for 
     which the producers on a farm elect to receive average crop 
     revenue payments (referred to in this section as ``base 
     acres'').
       (b) Limitations Regarding Certain Commodities.--
       (1) General limitation.--The planting of an agricultural 
     commodity specified in paragraph (3) shall be prohibited on 
     base acres unless the commodity, if planted, is destroyed 
     before harvest.
       (2) Treatment of trees and other perennials.--The planting 
     of an agricultural commodity specified in paragraph (3) that 
     is produced on a tree or other perennial plant shall be 
     prohibited on base acres.
       (3) Covered agricultural commodities.--Paragraphs (1) and 
     (2) apply to the following agricultural commodities:
       (A) Fruits.
       (B) Vegetables (other than mung beans and pulse crops).
       (C) Wild rice.
       (c) Exceptions.--Paragraphs (1) and (2) of subsection (b) 
     shall not limit the planting of an agricultural commodity 
     specified in paragraph (3) of that subsection--
       (1) in any region in which there is a history of double-
     cropping of covered commodities with agricultural commodities 
     specified in subsection (b)(3), as determined by the 
     Secretary, in which case the double-cropping shall be 
     permitted;
       (2) on a farm that the Secretary determines has a history 
     of planting agricultural commodities specified in subsection 
     (b)(3) on base acres, except that average crop revenue 
     payments shall be reduced by an acre for each acre planted to 
     such an agricultural commodity; or
       (3) by the producers on a farm that the Secretary 
     determines has an established planting history of a specific 
     agricultural commodity specified in subsection (b)(3), except 
     that--
       (A) the quantity planted may not exceed the average annual 
     planting history of such agricultural commodity by the 
     producers on the farm in the 1991 through 1995 or 1998 
     through 2001 crop years (excluding any crop year in which no 
     plantings were made), as determined by the Secretary; and
       (B) average crop revenue payments shall be reduced by an 
     acre for each acre planted to such agricultural commodity.
       (d) Planting Transferability Pilot Project.--Producers on a 
     farm that elect to receive average crop revenue payments 
     shall be eligible to participate in the pilot program 
     established under section 1106(d) under the same terms and 
     conditions as producers that receive direct payments and 
     counter-cyclical payments.
       (e) Production of Fruits or Vegetables for Processing.--
       (1) In general.--Subject to paragraphs (2) through (4), 
     effective beginning with the 2009 crop.
                                 ______
                                 
  SA 3725. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 336, strike lines 6 through 21 and insert the 
     following:
       ``(4) Compensation.--Effective on the date of enactment of 
     this paragraph, the Secretary shall pay the lowest amount of 
     compensation for a conservation easement, as determined by a 
     comparison of--
       ``(A) the amount necessary to encourage the enrollment of 
     parcels of land that are of importance in achieving the 
     purposes of the program, as determined by the State 
     Conservationist, in cooperation with the State technical 
     committee, based on--
       ``(i) the net present value of 30 years of annual rental 
     payments based on the county simple average soil rental rates 
     developed under subchapter B;
       ``(ii) an area-wide market analysis or survey; or
       ``(iii) an amount not less than the value of the 
     agricultural or otherwise undeveloped raw land based on the 
     Uniform Standards of Professional Appraisal Practices;
       ``(B) the amount corresponding to a geographical area value 
     limitation, as determined by the State Conservationist, in 
     cooperation with the State technical committee; and
       ``(C) the amount contained in the offer made by the 
     landowner.
       ``(5) Payment schedule.--Except as otherwise provided in 
     this subchapter, payments may be provided under this 
     subchapter pursuant to an easement agreement, contract, or 
     other agreement, in a lump sum payment, or in not more than 
     30 annual payments in equal or unequal amounts, as agreed to 
     by the Secretary and the landowner.''.
                                 ______
                                 
  SA 3726. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 2359 and insert the following:

     SEC. 2359. GROUND AND SURFACE WATER CONSERVATION.

       Section 1240I of the Food Security Act of 1985 (16 U.S.C. 
     3839aa-9) is amended by striking subsection (c) and inserting 
     the following:
       ``(c) Funding.--
       ``(1) Availability of funds.--Of the funds of the Commodity 
     Credit Corporation, in addition to amounts made available 
     under section 1241(a) to carry out this chapter, the 
     Secretary shall use $60,000,000 for each of fiscal years 2008 
     through 2012.
       ``(2) Funding for certain states.--Of the funds made 
     available under paragraph (1), the Secretary shall provide to 
     each State the boundaries of which encompass a multistate 
     aquifer from which documented groundwater withdrawals exceed 
     16,000,000,000 gallons per day, for water conservation or 
     irrigation practices, an amount equal to not less than the 
     greater of--
       ``(A) $3,000,000; or
       ``(B) the simple average of amounts allocated to producers 
     in the State under this section for the period of fiscal 
     years 2002 through 2007.
       ``(3) Eastern snake plain aquifer pilot.--
       ``(A) In general.--Of the funds made available under 
     paragraph (1), the Secretary shall reserve not less than 
     $2,000,000, to remain available until expended, for regional 
     water conservation activities in the Eastern Snake Aquifer 
     region.
       ``(B) Approval.--The Secretary may approve regional water 
     conservation activities under this paragraph that address, in 
     whole or in part, water quality issues.''.
                                 ______
                                 
  SA 3727. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 2359 and insert the following:

[[Page S14538]]

     SEC. 2359. GROUND AND SURFACE WATER CONSERVATION.

       Section 1240I of the Food Security Act of 1985 (16 U.S.C. 
     3839aa-9) is amended by striking subsection (c) and inserting 
     the following:
       ``(c) Funding.--
       ``(1) Availability of funds.--Of the funds of the Commodity 
     Credit Corporation, in addition to amounts made available 
     under section 1241(a) to carry out this chapter, the 
     Secretary shall use $60,000,000 for each of fiscal years 2008 
     through 2012.
       ``(2) Funding for certain states.--Of the funds made 
     available under paragraph (1), the Secretary shall provide to 
     each State the boundaries of which encompass a multistate 
     aquifer from which documented groundwater withdrawals exceed 
     16,000,000,000 gallons per day, for water conservation or 
     irrigation practices, an amount equal to not less than the 
     greater of--
       ``(A) $3,000,000; or
       ``(B) the simple average of amounts allocated to producers 
     in the State under this section for the period of fiscal 
     years 2002 through 2007.''.
                                 ______
                                 
  SA 3728. Mr. BINGAMAN 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 471, strike line 22 and insert the following:
       ``(iv) Identification of water quality and water quantity 
     priority areas.--

       ``(I) In general.--Subject to subclause (II), the Secretary 
     shall identify areas in which protecting or improving water 
     quality or water quantity is a priority.
       ``(II) Mandatory inclusions.--The Secretary shall include 
     in any identification of areas under subclause (I)--

       ``(aa) the Chesapeake Bay;
       ``(bb) the Upper Mississippi River basin;
       ``(cc) the greater Everglades ecosystem;
       ``(dd) the Klamath River basin;
       ``(ee) the Sacramento/San Joaquin River watershed;
       ``(ff) the Mobile River Basin; and
       ``(gg) the Ogallala Aquifer.

       ``(III) Funding.--The Secretary shall reserve for use in 
     areas identified under this clause not more than 50 percent 
     of amounts made available for regional water enhancement 
     activities under this paragraph.

       ``(v) Duration.--
                                 ______
                                 
  SA 3729. Mr. BINGAMAN 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 398, strike lines 22 through 26 and insert the 
     following:
       ``(8) to assist producers in developing water conservation 
     plans;
       ``(9) to reduce groundwater depletion, with priority given 
     to regions that have significant rates of withdrawal or 
     historic depletions due to agricultural use; and
       ``(10) to promote any other measures that improve 
     groundwater and surface water conservation, as determined by 
     the Secretary.
                                 ______
                                 
  SA 3730. Mr. MENENDEZ 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 775, strike line 22 and all that follows 
     through page 776, line 19 and insert the following:
       ``(B) Water and waste disposal grants and direct and 
     guaranteed loans.--For the purpose of water and waste 
     disposal grants and direct and guaranteed loans provided 
     under paragraphs (1), (2), and (24) of section 306(a), the 
     terms `rural' and `rural area' mean a city, town, or 
     unincorporated area that has a population of no more than 
     10,000 inhabitants.
       ``(C) Community facility loans and grants.--For the purpose 
     of community facility direct and guaranteed loans and grants 
     under paragraphs (1), (19), (20), (21), and (24) of section 
     306(a), the terms `rural' and `rural area' mean any area 
     other than--
       ``(i) an area described in clause (i), (ii), or (iii) of 
     subparagraph (A); and
       ``(ii) a city, town, or unincorporated area that has a 
     population of greater than 20,000 inhabitants.
       ``(D) Areas rural in character.--
       ``(i) In general.--Notwithstanding any other provision of 
     this paragraph, the Under Secretary for Rural Development may 
     determine (pursuant to a petition by a local comunity or on 
     the inititative of the Under Secretary) that an area 
     described in clause (ii) or (iii) of subparagraph (A) is a 
     rural area for the purposes of this paragraph, if the Under 
     Secretary finds that the area is rural in character, as 
     determined by the Under Secretary.
       ``(ii) Administration.--In carrying out clause (i), the 
     Under Secretary for Rural Development--

       ``(I) shall not delegate the authority described in clause 
     (i); but
       ``(II) shall consult with the applicable rural development 
     State or regional director of the Department of Agriculture.

       ``(E) Exclusions.--Notwithstanding any other provision of 
     this paragraph, in determining which census blocks are not in 
     a rural area (as defined in this paragraph), the Secretary 
     shall exclude any cluster of census blocks that would 
     otherwise be considered not in a rural area only because the 
     cluster is adjacent to not more than 2 census blocks that are 
     otherwise considered not in a rural area under this 
     paragraph.''.
       (b) Annual Reports.--Not later than 1 year after the date 
     of enactment of this Act and each year thereafter, the 
     Secretary shall prepare and submit to the Committee on 
     Agriculture of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate a 
     report that--
       (1) assesses the various definitions of the term ``rural'' 
     and ``rural area''that are used with respect to programs 
     administered by the Secretary;
       (2) describes the effects that the variations in those 
     definitions have on those programs;
       (3) make recommendations for ways to better target funds 
     provided through rural development programs;
       (4) describes the effects the changes to the definitions of 
     the terms ``rural'' and ``rural area'' in the Farm Security 
     and Rural Investment Act of 2002 and this Act had on those 
     programs and eligible areas; and
       (5) determines what effects the changes had on the level of 
     rural development funding and participation in those programs 
     in each State.
                                 ______
                                 
  SA 3731. Mr. MENENDEZ 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 776 strike line 19 and insert the following:

     20,000 inhabitants.
       ``(D) Areas rural in character.--
       ``(i) In general.--Notwithstanding any other provision of 
     this paragraph, the Under Secretary for Rural Development may 
     determine that an area described in clause (ii) or (iii) of 
     subparagraph (A) is a rural area for the purposes of this 
     paragraph, if the Under Secretary finds that the area is 
     rural in character, as determined by the Under Secretary.
       ``(ii) Delegations.--The authority described in clause (i) 
     may not be delegated by the Under Secretary for Rural 
     Development.
       ``(E) Exclusions.--Notwithstanding any other provision of 
     this paragraph, in determining which census blocks are not in 
     a rural area (as defined in this paragraph), the Secretary 
     shall exclude any cluster of census blocks that would 
     otherwise be considered not in a rural area only because a 
     census block in the cluster is adjacent to only 1 census 
     block that--
       ``(i) is otherwise considered not in a rural area under 
     this paragraph; and
       ``(ii) is also adjacent to only 1 census block that is 
     otherwise considered not in a rural area.''.
                                 ______
                                 
  SA 3732. Mr. MENENDEZ 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 agrucultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 774, strike line 10 and all that follows 
     through page 776, line 19, and insert the following:
       (a) Rural Area.--
       (1) Definition.--Section 343(a)(13) of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 1991(a)(13)) is 
     amended by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--The terms `rural' and `rural area' 
     mean--
       ``(i) any area other than a city or town that has a 
     population of greater than 50,000 inhabitants, except that, 
     for all activities under programs in the rural development 
     mission area within the areas of the County of Honolulu, 
     Hawaii, and the Commonwealth of Puerto Rico, the Secretary 
     may designate any portion of the areas as a rural area or 
     eligible rural community that the Secretary determines is not 
     urban in character, other than any area included in the 
     Honolulu Census Designated Place or the San Juan Census 
     Designated Place; and
       ``(ii) any urbanized area contiguous and adjacent to such a 
     city or town.''.

[[Page S14539]]

       (2) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate a report that--
       (A) assesses the various definitions of the term ``rural'' 
     that are used with respect to programs administered by the 
     Secretary addressed in this title of this Act;
       (B) describes the effects that the variations in those 
     definitions have on those programs; and
       (C) makes recommendations for ways to better target funds 
     provided through rural development programs addressed in this 
     title of this Act.
                                 ______
                                 
  SA 3733. Mr. KENNEDY 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 905, between lines 17 and 18, insert the following:

     SEC. 7013. PURPOSES AND FINDINGS RELATING TO ANIMAL HEALTH 
                   AND DISEASE RESEARCH.

       Section 1429 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3191) is 
     amended--
       (1) in paragraph (8), by striking ``and'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(10) support work with agricultural colleges and 
     universities to develop methods and practices of animal 
     husbandry that reduce dependence on antibiotic use.''.
       On page 987, line 18, insert after ``genomics)'' the 
     following: ``, the movement of antibiotics and antibiotic 
     resistance traits from animal confinement facilities into 
     ground and surface waters, and methods and practices to 
     ensure health and reduce the use of antibiotics; and methods 
     to transition to practices and systems that minimize 
     antibiotic use''.
       On page 1002, after line 21, insert the following:

     SEC. 73__. RESEARCH AND EDUCATION GRANTS TO PREVENT 
                   ANTIBIOTIC RESISTANT BACTERIA THAT MAY BE 
                   TRANSFERRED FROM LIVESTOCK TO HUMANS.

       (a) In General.--The Secretary shall award research and 
     education grants to minimize the development of antibiotic 
     resistant bacteria that may be transferred from livestock to 
     humans.
       (b) Eligibility and Application.--To be eligible to receive 
     a grant under this section, an entity shall--
       (1) be an institution of higher education, a public or 
     private nonprofit organization, or an individual; and
       (2) submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (c) Use of Funds.--An entity shall use a grant awarded 
     under this section to conduct research to minimize the 
     development of antibiotic resistant bacteria that may be 
     transferred from livestock to humans, including research on--
       (1) methods and practices of animal husbandry that reduce 
     dependence on antibiotic use;
       (2) movement of antibiotics and antibiotic resistance 
     traits from animal confinement facilities into ground and 
     surface waters;
       (3) methods and practices that ensure health and reduce use 
     of antibiotics;
       (4) methods to transition to practices and systems that 
     avoid antibiotic use; and
       (5) the transmission of antibiotic resistant traits among 
     related and unrelated bacteria.
       (d) Administration.--Grants under this section shall be 
     awarded on a competitive and formula basis.
       (e) 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 3734. Mr. KENNEDY 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 905, between lines 17 and 18, insert the following:

     SEC. 7013. PURPOSES AND FINDINGS RELATING TO ANIMAL HEALTH 
                   AND DISEASE RESEARCH.

       Section 1429 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3191) is 
     amended--
       (1) in paragraph (8), by striking ``and'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(10) support work with agricultural colleges and 
     universities to develop methods and practices of animal 
     husbandry that reduce dependence on antibiotic use.''.
       On page 987, line 18, insert after ``genomics)'' the 
     following: ``, the movement of antibiotics and antibiotic 
     resistance traits from animal confinement facilities into 
     ground and surface waters, and methods and practices to 
     ensure health and reduce the use of antibiotics; and methods 
     to transition to practices and systems that minimize 
     antibiotic use''.
       On page 1002, after line 21, insert the following:

     SEC. 73__. RESEARCH AND EDUCATION GRANTS TO PREVENT 
                   ANTIBIOTIC RESISTANT BACTERIA THAT MAY BE 
                   TRANSFERRED FROM LIVESTOCK TO HUMANS.

       (a) In General.--The Secretary shall award research and 
     education grants to minimize the development of antibiotic 
     resistant bacteria that may be transferred from livestock to 
     humans.
       (b) Eligibility and Application.--To be eligible to receive 
     a grant under this section, an entity shall--
       (1) be an institution of higher education, a public or 
     private nonprofit organization, or an individual; and
       (2) submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (c) Use of Funds.--An entity shall use a grant awarded 
     under this section to conduct research to minimize the 
     development of antibiotic resistant bacteria that may be 
     transferred from livestock to humans, including research on--
       (1) methods and practices of animal husbandry that reduce 
     dependence on antibiotic use;
       (2) movement of antibiotics and antibiotic resistance 
     traits from animal confinement facilities into ground and 
     surface waters;
       (3) methods and practices that ensure health and reduce use 
     of antibiotics;
       (4) methods to transition to practices and systems that 
     avoid antibiotic use; and
       (5) the transmission of antibiotic resistant traits among 
     related and unrelated bacteria.
       (d) Administration.--Grants under this section shall be 
     awarded on a competitive and formula basis.
       (e) 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 3735. Mrs. CLINTON (for herself and Mr. Brown) 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 863, strike line 24 and insert the following:
       ``(j) Comprehensive Rural Broadband Strategy.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Food and Energy Security Act of 2007, and 
     annually thereafter, the Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report describing a comprehensive rural broadband 
     strategy that includes--
       ``(A) recommendations--
       ``(i) to promote interagency coordination of Federal 
     agencies in regards to policies, procedures, and targeted 
     resources, and to improve and streamline the polices, 
     programs, and services;
       ``(ii) to coordinate among Federal agencies regarding 
     existing rural broadband or rural initiatives that could be 
     of value to rural broadband development;
       ``(iii) to address both short- and long-term solutions and 
     needs assessments for a rapid build-out of rural broadband 
     solutions and applications for Federal, State, regional, and 
     local government policy makers;
       ``(iv) to identify how specific Federal agency programs and 
     resources can best respond to rural broadband requirements 
     and overcome obstacles that currently impede rural broadband 
     deployment; and
       ``(v) to promote successful model deployments and 
     appropriate technologies being used in rural areas so that 
     State, regional, and local governments can benefit from the 
     cataloging and successes of other State, regional, and local 
     governments; and
       ``(B) a description of goals and timeframes to achieve the 
     strategic plans and visions identified in the report.
       ``(2) Updates.--The Under Secretary shall update and 
     evaluate the report described in paragraph (1) on an annual 
     basis.
       ``(k) Funding.--
                                 ______
                                 
  SA 3736. Mr. WYDEN (for himself and Mr. Harkin) 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 1097, strike line 1 and all that follows 
     through page 1103, line 15, and insert the following:

[[Page S14540]]

     ``SEC. 9004. BIOENERGY CROP TRANSITION ASSISTANCE.

       ``(a) Bioenergy Crop Transition Assistance Program.--
       ``(1) Purposes.--The purposes of the program established 
     under this subsection are--
       ``(A) to promote the production of a diverse array of 
     eligible bioenergy crops across the United States in a 
     sustainable manner that protects the soil, air, water, and 
     wildlife, to the maximum extent practicable;
       ``(B) to provide financial and technical assistance to 
     owners and operators of eligible cropland to produce 
     perennial bioenergy crops of suitable quality and in 
     sufficient quantities to support and induce development and 
     expansion of the use of the bioenergy crops for--
       ``(i) biofuels; or
       ``(ii) power or heat generation to supplement or replace 
     nonbiobased energy resources; and
       ``(C) to gather technical information necessary to increase 
     sustainable bioenergy crop production in the future.
       ``(2) Definitions.--In this section:
       ``(A) Bioenergy crop.--
       ``(i) In general.--The term `bioenergy crop' means a 
     perennial tree or plant native to the United States or 
     another perennial plant as determined by the Secretary, that 
     can be grown to provide raw renewable biomass energy or 
     biofuels.
       ``(ii) Exclusions.--The term `bioenergy crop' does not 
     include--

       ``(I) any crop that is eligible for benefits under title I 
     of the Food and Energy Security Act of 2007;
       ``(II) any plant that--

       ``(aa) the Secretary determines to be invasive or noxious 
     on a regional basis under the Plant Protection Act (7 U.S.C. 
     7701 et seq.); or
       ``(bb) has the potential to become invasive or noxious on a 
     regional basis as determined by the Secretary, in 
     consultation with other appropriate Federal or State 
     departments and agencies; or

       ``(III) any plant produced on land that, as of the date of 
     enactment of the Food and Energy Security Act of 2007, is--

       ``(aa) in accordance with clause (iii), grassland that was 
     not previously tilled or broken, as defined by the Secretary, 
     in consultation with the Secretary of the Interior;
       ``(bb) native forest; or
       ``(cc) wetland.
       ``(iii) Grassland.--Grassland described in clause 
     (ii)(III)(aa) does not include land that, for at least 3 of 
     the 5 crop years preceding the date of enactment of the Food 
     and Energy Security Act of 2007, has been devoted to managed 
     pasture.
       ``(B) Bioenergy crop transition assistance payment.--The 
     term `bioenergy crop transition assistance payment' means an 
     annual payment to a bioenergy crop producer who is 
     participating in an approved bioenergy crop transition 
     assistance program project under this subsection.
       ``(C) Comprehensive stewardship incentives program.--The 
     term `comprehensive stewardship incentives program' means the 
     program established under chapter 6 of subtitle D of title 
     XII of the Food Security Act of 1985.
       ``(D) Eligible applicant.--The term `eligible applicant' 
     means a group of agricultural landowners and operators 
     producing or proposing to produce eligible bioenergy crops 
     together with the owner or operator of an existing or 
     proposed biomass conversion facility that intends to use the 
     bioenergy crops.
       ``(3) Program.--
       ``(A) In general.--The Secretary shall establish a 
     competitive process under which the Secretary, acting through 
     the Natural Resources Conservation Service, shall select 
     projects of eligible applicants from geographically-diverse 
     areas of the United States to participate in the bioenergy 
     crop transition assistance program under this subsection.
       ``(B) Application assistance.--
       ``(i) In general.--An eligible applicant may apply for a 
     project planning grant of up to $50,000 to assist in 
     assembling a bioenergy crop transition assistance program 
     application.
       ``(ii) Matching requirement.--To receive a planning grant 
     under clause (i), the eligible applicant shall provide 100 
     percent matching funding.
       ``(C) Application requirements.--An application submitted 
     under the competitive process described in subparagraph (A) 
     shall include--
       ``(i) the designation of a proposed bioenergy supply region 
     at a distance economically practicable for transportation of 
     the bioenergy crop to the biomass conversion facility;
       ``(ii) letters of intent from the agricultural landowners 
     and operators applying for the project application, in the 
     proposed supply region to produce a minimum specified number 
     of acres of bioenergy crops;
       ``(iii) documentation from the eligible applicants that 
     describes--

       ``(I) the variety of bioenergy crop the owners and 
     operators have committed to producing; and
       ``(II) the variety of crop that the owners and operators 
     would have grown if the owners and operators had not 
     committee to producing the bioenergy crop; and

       ``(iv) a letter of intent from the owners or operators of 
     the existing or proposed biomass conversion facility in the 
     bioenergy supply region to use the bioenergy crops described 
     in clause (iii)(I).
       ``(D) Selection criteria.--In selecting projects from 
     applications submitted under this subsection, the Secretary 
     shall--
       ``(i) consider--

       ``(I) the likelihood that the project will become viable; 
     and
       ``(II) the geographic diversity of the projects; and

       ``(ii) give priority to projects that--

       ``(I) involve ecologically appropriate proposed bioenergy 
     crops;
       ``(II) have the highest estimated benefits to wildlife, 
     air, soil, and water quality improvement;
       ``(III) include plans to grow polycultures of at least 2 
     species;
       ``(IV) include the participation of beginning farmers or 
     ranchers or socially disadvantaged farmers or ranchers; or
       ``(V) include local ownership of the biomass conversion 
     facility of the project.

       ``(4) Contract requirements.--
       ``(A) In general.--An agricultural producer described in an 
     application for a project selected by the Secretary under 
     paragraph (3) shall have the opportunity to enroll eligible 
     cropland of the agricultural producer under a contract 
     entered into with the Secretary, acting through the Natural 
     Resources Conservation Service.
       ``(B) Requirements.--Under a contract described in 
     subparagraph (A), an agricultural producer shall be 
     required--
       ``(i) to produce 1 or more perennial eligible bioenergy 
     crops;
       ``(ii) to meet the stewardship threshold (as determined 
     under the comprehensive stewardship incentives program) for 
     water, wildlife, and soil quality by the end of the last year 
     of the contract described in subparagraph (A);
       ``(iii) to cooperate with the Secretary in the process of 
     gathering such information as the Secretary shall require for 
     the purposes of the study under paragraph (6); and
       ``(iv) to restrict the harvesting of bioenergy crops until 
     after the end of the brooding and nesting season, in 
     accordance with regional regulations promulgated by the 
     Secretary in consultation with--

       ``(I) State Conservationists of the Natural Resources 
     Conservation Service;
       ``(II) the United States Fish and Wildlife Service; and
       ``(III) State wildlife agencies.

       ``(5) Contract benefits.--
       ``(A) In general.--An agricultural producer that has 
     entered into a contract described in paragraph (4) shall be 
     eligible to receive, as determined by the Secretary--
       ``(i) a Federal cost share for the cost of establishing the 
     bioenergy crop produced by the agricultural producer under 
     the project in an amount that is equal to--

       ``(I) 50 percent of the total cost;
       ``(II) in the case of a beginning farmer or rancher or a 
     socially disadvantaged farmer or ranchers, 75 percent of the 
     total cost; or
       ``(III) in the case of eligible producers that establish a 
     polyculture crop mix of at least 3 perennial species, 90 
     percent of the total cost; and

       ``(ii) an annual bioenergy crop transition incentive 
     payment in an amount determined by the Secretary.
       ``(B) Comprehensive stewardship incentives program 
     priority.--During the project contract period, an 
     agricultural producer that meets comprehensive stewardship 
     incentives program eligibility requirements shall have a 
     priority for enrollment in the stewardship section of that 
     program, including enhanced payments for--
       ``(i) the maintenance and active management of a 
     conservation system that incorporates 2 or more native 
     perennial bioenergy crop species; and
       ``(ii) participation in a research and demonstration 
     project.
       ``(C) Use of crop.--If the bioenergy crop cannot be sold to 
     the biomass conversion facility designated in the project 
     application, the agricultural producer may use the crop for 
     other purposes that are in compliance with the contract 
     requirements described in paragraph (4).
       ``(6) Study and report.--The Secretary shall carry out a 
     study of the results of the projects funded under this 
     section, including--
       ``(A) the production potential of a variety of bioenergy 
     crops and crop mixes;
       ``(B) the effect of the harvesting of bioenergy crops on--
       ``(i) wildlife and stand establishment;
       ``(ii) carbon and nitrogen cycles; and
       ``(iii) erosion, sedimentation, soil compaction, and soil 
     health;
       ``(C) the impacts on water quality and consumption;
       ``(D) the soil carbon content and lifecycle greenhouse gas 
     emissions of different bioenergy crops and the uses of the 
     crops; and
       ``(E) the economic effectiveness of the incentives under 
     this section in encouraging agricultural producers to produce 
     bioenergy crops.
       ``(b) Forest Biomass Planning Grants.--The Secretary shall 
     provide forest biomass planning assistance grants to private 
     landowners to develop forest stewardship plans that involve 
     sustainable management of biomass from forest land of the 
     private landowners that will preserve diversity, soil, water, 
     or wildlife values of the land, while ensuring a steady 
     supply of biomass material, through--
       ``(1) State forestry agencies, in consultation with State 
     wildlife agencies; and
       ``(2) technical service provider arrangements with third 
     parties.

[[Page S14541]]

       ``(c) Assistance for Collection, Harvest, Storage, and 
     Transportation of Renewable Biomass.--
       ``(1) In general.--The Secretary shall establish a program 
     to provide assistance to an agricultural producer, forest 
     land owner, or timber harvester holding the right to collect 
     or harvest renewable biomass, for collecting, harvesting, 
     transporting, and storing renewable biomass that is 
     sustainably harvested and collected to be used in the 
     production of advanced biofuels, heat, or power from a 
     biomass conversion facility.
       ``(2) Payments.--
       ``(A) In general.--Except as provided in subparagraph (C), 
     an entity described in paragraph (1) shall receive payments 
     under this subsection for each ton of renewable biomass 
     delivered to a biomass conversion facility, based on a fixed 
     rate to be established by the Secretary in accordance with 
     subparagraph (B).
       ``(B) Fixed rate.--The Secretary shall establish a fixed 
     payment rate for purposes of subparagraph (A) to reflect--
       ``(i) the estimated cost of collecting, harvesting, 
     storing, and transporting the applicable renewable biomass; 
     and
       ``(ii) such other factors as the Secretary determines to be 
     appropriate.
       ``(C) Forest land owner eligibility.--Owners of forest land 
     shall be eligible to receive payments under this subsection 
     only if the owners are acting pursuant to a forest 
     stewardship plan.
       ``(d) Funding.--
       ``(1) Biomass crop transition assistance.--Of the funds of 
     the Commodity Credit Corporation, the Secretary shall use to 
     carry out subsections (a) and (b) $130,000,000 for fiscal 
     year 2008, to remain available until expended, of which not 
     more than 10 percent shall be used to carry out subsection 
     (b).
       ``(2) Assistance for collection, harvest, storage and 
     transport of renewable biomass.--Of the funds of the 
     Commodity Credit Corporation, the Secretary shall make 
     available to carry out subsection (c) $10,000,000 for each of 
     fiscal years 2009 through 2011, to remain available until 
     expended.
                                 ______
                                 
  SA 3737. Mr. INOUYE 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 with line 1 on page 872, strike through line 3 on 
     page 879 and insert the following:

                 SUBTITLE C--BROADBAND DATA IMPROVEMENT

     SEC. 6201. SHORT TITLE.

       This subtitle may be cited as the ``Broadband Data 
     Improvement Act''.

     SEC. 6202. FINDINGS.

       The Congress finds the following:
       (1) The deployment and adoption of broadband technology has 
     resulted in enhanced economic development and public safety 
     for communities across the Nation, improved health care and 
     educational opportunities, and a better quality of life for 
     all Americans.
       (2) Continued progress in the deployment and adoption of 
     broadband technology is vital to ensuring that our Nation 
     remains competitive and continues to create business and job 
     growth.
       (3) Improving Federal data on the deployment and adoption 
     of broadband service will assist in the development of 
     broadband technology across all regions of the Nation.
       (4) The Federal Government should also recognize and 
     encourage complementary state efforts to improve the quality 
     and usefulness of broadband data and should encourage and 
     support the partnership of the public and private sectors in 
     the continued growth of broadband services and information 
     technology for the residents and businesses of the Nation.

     SEC. 6203. IMPROVING FEDERAL DATA ON BROADBAND.

       (a) Improving FCC Broadband Data.--Within 120 days after 
     the date of enactment of this Act, the Federal Communications 
     Commission shall issue an order in WC docket No. 07-38 which 
     shall, at a minimum--
       (1) identify tiers of broadband service, among those used 
     by the Commission in collecting Form 477 data, in which a 
     substantial majority of the connections in such tier provide 
     consumers with an information transfer rate capable of 
     reliably transmitting full-motion, high definition video; and
       (2) revise its Form 477 reporting requirements as necessary 
     to enable the Commission to identify actual numbers of 
     broadband connections subscribed to by residential and 
     business customers, separately, either within a relevant 
     census tract from the most recent decennial census, a 9-digit 
     postal zip code, or a 5-digit postal zip code, as the 
     Commission deems appropriate.
       (b) Exception.--The Commission shall exempt an entity from 
     the reporting requirements of subsection (a)(3) if the 
     Commission determines that a compliance by that entity with 
     the requirements is cost prohibitive, as defined by the 
     Commission.
       (c) Proprietary Information.--Nothing in this section shall 
     reduce or remove any obligation the Commission has to protect 
     proprietary information, nor shall this section be construed 
     to compel the Commission to make publically available any 
     proprietary information. Any information collected by the 
     Commission pursuant to this section that reveals any 
     competitively sensitive information of an individual provider 
     of broadband service capability shall not be disclosed by the 
     Commission.
       (d) Improving Section 706 Inquiry.--Section 706 of the 
     Telecommunications Act of 1996 (47 U.S.C. 157 nt) is 
     amended--
       (1) by striking ``regularly'' in subsection (b) and 
     inserting ``annually'';
       (2) by redesignating subsection (c) as subsection (e); and
       (3) by inserting after subsection (b) the following:
       ``(c) Measurement of Extent of Deployment.--In determining 
     under subsection (b) whether advanced telecommunications 
     capability is being deployed to all Americans in a reasonable 
     and timely fashion, the Commission shall consider data 
     collected through Form 477 reporting requirements.
       ``(d) Demographic Information for Unserved Areas.--As part 
     of the inquiry required by subsection (b), the Commission 
     shall compile a list of geographical areas that are not 
     served by any provider of advanced telecommunications 
     capability (as defined by section 706(c)(1) of the 
     Telecommunications Act of 1996 (47 U.S.C. 157 nt)) and to the 
     extent that data from the Census Bureau is available, 
     determine, for each such unserved area--
       ``(1) the population;
       ``(2) the population density; and
       ``(3) the average per capita income.''.
       (e) Improving Census Data on Broadband.--The Secretary of 
     Commerce, in consultation with the Federal Communications 
     Commission, shall expand the American Community Survey 
     conducted by the Bureau of the Census to elicit information 
     for residential households, including those located on native 
     lands, to determine whether persons at such households own or 
     use a computer at that address, whether persons at that 
     address subscribe to Internet service and, if so, whether 
     such persons subscribe to dial-up or broadband Internet 
     service at that address.

     SEC. 6204. STUDY ON ADDITIONAL BROADBAND METRICS AND 
                   STANDARDS.

       (a) In General.--The Comptroller General shall conduct a 
     study to consider and evaluate additional broadband metrics 
     or standards that may be used by industry and the Federal 
     Government to provide users with more accurate information 
     about the cost and capability of their broadband connection, 
     and to better compare the deployment and penetration of 
     broadband in the United States with other countries. At a 
     minimum, such study shall consider potential standards or 
     metrics that may be used--
       (1) to calculate the average price per megabit per second 
     of broadband offerings;
       (2) to reflect the average actual speed of broadband 
     offerings compared to advertised potential speeds and to 
     consider factors affecting speed that may be outside the 
     control of a broadband provider;
       (3) to compare, using comparable metrics and standards, the 
     availability and quality of broadband offerings in the United 
     States with the availability and quality of broadband 
     offerings in other industrialized nations, including 
     countries that are members of the Organization for Economic 
     Cooperation and Development; and
       (4) to distinguish between complementary and substitutable 
     broadband offerings in evaluating deployment and penetration.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce on the results of the study, with 
     recommendations for how industry and the Federal 
     Communications Commission can use such metrics and 
     comparisons to improve the quality of broadband data and to 
     better evaluate the deployment and penetration of comparable 
     broadband service at comparable rates across all regions of 
     the Nation.

     SEC. 6205. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE 
                   ON SMALL BUSINESSES.

       (a) In General.--The Small Business Administration Office 
     of Advocacy shall conduct a study evaluating the impact of 
     broadband speed and price on small businesses.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Office shall submit a report to 
     the Senate Committee on Commerce, Science, and 
     Transportation, the Senate Committee on Small Business and 
     Entrepreneurship, the House of Representatives Committee on 
     Energy and Commerce, and the House of Representatives 
     Committee on Small Business on the results of the study, 
     including--
       (1) a survey of broadband speeds available to small 
     businesses;
       (2) a survey of the cost of broadband speeds available to 
     small businesses;
       (3) a survey of the type of broadband technology used by 
     small businesses; and
       (4) any policy recommendations that may improve small 
     businesses access to comparable broadband services at 
     comparable rates in all regions of the Nation.

     SEC. 6206. ENCOURAGING STATE INITIATIVES TO IMPROVE 
                   BROADBAND.

       (a) Purposes.--The purposes of any grant under subsection 
     (b) are--
       (1) to ensure that all citizens and businesses in a State 
     have access to affordable and reliable broadband service;

[[Page S14542]]

       (2) to achieve improved technology literacy, increased 
     computer ownership, and home broadband use among such 
     citizens and businesses;
       (3) to establish and empower local grassroots technology 
     teams in each State to plan for improved technology use 
     across multiple community sectors; and
       (4) to establish and sustain an environment ripe for 
     broadband services and information technology investment.
       (b) Establishment of State Broadband Data and Development 
     Grant Program.--
       (1) In general.--The Secretary of Commerce shall award 
     grants, taking into account the results of the peer review 
     process under subsection (d), to eligible entities for the 
     development and implementation of statewide initiatives to 
     identify and track the availability and adoption of broadband 
     services within each State.
       (2) Competitive basis.--Any grant under subsection (b) 
     shall be awarded on a competitive basis.
       (c) Eligibility.--To be eligible to receive a grant under 
     subsection (b), an eligible entity shall--
       (1) submit an application to the Secretary of Commerce, at 
     such time, in such manner, and containing such information as 
     the Secretary may require;
       (2) contribute matching non-Federal funds in an amount 
     equal to not less than 20 percent of the total amount of the 
     grant; and
       (3) agree to comply with confidentiality requirements in 
     subsection (h)(2) of this section.
       (d) Peer Review; Nondisclosure.--
       (1) In general.--The Secretary shall by regulation require 
     appropriate technical and scientific peer review of 
     applications made for grants under this section.
       (2) Review procedures.--The regulations required under 
     paragraph (1) shall require that any technical and scientific 
     peer review group--
       (A) be provided a written description of the grant to be 
     reviewed; and
       (B) provide the results of any review by such group to the 
     Secretary of Commerce; and
       (C) certify that such group will enter into voluntary 
     nondisclosure agreements as necessary to prevent the 
     unauthorized disclosure of confidential and proprietary 
     information provided by broadband service providers in 
     connection with projects funded by any such grant.
       (e) Use of Funds.--A grant awarded to an eligible entity 
     under subsection (b) shall be used--
       (1) to provide a baseline assessment of broadband service 
     deployment in each State;
       (2) to identify and track--
       (A) areas in each State that have low levels of broadband 
     service deployment;
       (B) the rate at which residential and business users adopt 
     broadband service and other related information technology 
     services; and
       (C) possible suppliers of such services;
       (3) to identify barriers to the adoption by individuals and 
     businesses of broadband service and related information 
     technology services, including whether or not--
       (A) the demand for such services is absent; and
       (B) the supply for such services is capable of meeting the 
     demand for such services;
       (4) to identify the speeds of broadband connections made 
     available to individuals and businesses within the State, 
     and, at a minimum, to rely on the data rate benchmarks for 
     broadband service utilized by the Commission to reflect 
     different speed tiers, including information transfer rates 
     identified under section 6203(a)(2) of this subtitle, to 
     promote greater consistency of data among the States;
       (5) to create and facilitate in each county or designated 
     region in a State a local technology planning team--
       (A) with members representing a cross section of the 
     community, including representatives of business, 
     telecommunications labor organizations, K-12 education, 
     health care, libraries, higher education, community-based 
     organizations, local government, tourism, parks and 
     recreation, and agriculture; and
       (B) which shall--
       (i) benchmark technology use across relevant community 
     sectors;
       (ii) set goals for improved technology use within each 
     sector; and
       (iii) develop a tactical business plan for achieving its 
     goals, with specific recommendations for online application 
     development and demand creation;
       (6) to work collaboratively with broadband service 
     providers and information technology companies to encourage 
     deployment and use, especially in unserved areas and areas in 
     which broadband penetration is significantly below the 
     national average, through the use of local demand 
     aggregation, mapping analysis, and the creation of market 
     intelligence to improve the business case for providers to 
     deploy;
       (7) to establish programs to improve computer ownership and 
     Internet access for unserved areas and areas in which 
     broadband penetration is significantly below the national 
     average;
       (8) to collect and analyze detailed market data concerning 
     the use and demand for broadband service and related 
     information technology services;
       (9) to facilitate information exchange regarding the use 
     and demand for broadband services between public and private 
     sectors; and
       (10) to create within each State a geographic inventory map 
     of broadband service, including the availability of broadband 
     service connections meeting information transfer rates 
     identified by the Commission under section 6203(a)(2) of this 
     subtitle, which shall--
       (A) identify gaps in such service through a method of 
     geographic information system mapping of service availability 
     at the census block level among residential or business 
     customers; and
       (B) provide a baseline assessment of statewide broadband 
     deployment in terms of households with high-speed 
     availability.
       (f) Participation Limit.--For each State, an eligible 
     entity may not receive a new grant under this section to fund 
     the activities described in subsection (d) within such State 
     if such organization obtained prior grant awards under this 
     section to fund the same activities in that State in each of 
     the previous 4 consecutive years.
       (g) Reporting.--The Secretary of Commerce shall--
       (1) require each recipient of a grant under subsection (b) 
     to submit a report on the use of the funds provided by the 
     grant; and
       (2) create a web page on the Department of Commerce web 
     site that aggregates relevant information made available to 
     the public by grant recipients, including, where appropriate, 
     hypertext links to any geographic inventory maps created by 
     grant recipients under subsection (e)(10).
       (h) Access to Aggregate Data.--
       (1) In general.--Subject to paragraph (2), the Commission 
     shall provide eligible entities access, in electronic form, 
     to aggregate data collected by the Commission based on the 
     Form 477 submissions of broadband service providers.
       (2) Limitation.--Notwithstanding any provision of Federal 
     or State law to the contrary, an eligible entity shall treat 
     any matter that is a trade secret, commercial or financial 
     information, or privileged or confidential, as a record not 
     subject to public disclosure except as otherwise mutually 
     agreed to by the broadband service provider and the eligible 
     entity. This paragraph applies only to information submitted 
     by the Commission or a broadband provider to carry out the 
     provisions of this subtitle and shall not otherwise limit or 
     affect the rules governing public disclosure of information 
     collected by any Federal or State entity under any other 
     Federal or State law or regulation.
       (i) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Eligible entity.--The term ``eligible entity'' means a 
     non-profit organization that is selected by a State to work 
     in partnership with State agencies and private sector 
     partners in identifying and tracking the availability and 
     adoption of broadband services within each State.
       (3) Nonprofit organization.--The term ``nonprofit 
     organization'' means an organization--
       (A) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from tax under section 501(a) of such 
     Code;
       (B) no part of the net earnings of which inures to the 
     benefit of any member, founder, contributor, or individual;
       (C) that has an established competency and proven record of 
     working with public and private sectors to accomplish 
     widescale deployment and adoption of broadband services and 
     information technology;
       (D) that has a board of directors a majority of which is 
     not composed of individuals who are also employed by, or 
     otherwise associated with, any Federal, State, or local 
     government or any Federal, State, or local agency; and
       (E) that has a board of directors which does not include 
     any member that is employed either by a broadband service 
     provider or by any other company in which a broadband service 
     provider owns a controlling or attributable interest.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $40,000,000 for 
     each of fiscal years 2008 through 2012.
       (k) No Regulatory Authority.--Nothing in this section shall 
     be construed as giving any public or private entity 
     established or affected by this subtitle any regulatory 
     jurisdiction or oversight authority over providers of 
     broadband services or information technology.
                                 ______
                                 
  SA 3738. Ms. CANTWELL (for herself and Mrs. Murray) 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___. VITICULTURE STUDY AND REPORT.

       (a) Study.--
       (1) In general.--The Secretary shall conduct a study of the 
     ways in which the projected changes in climate conditions, 
     including projected increase in global temperature, during 
     the 25-year period beginning on the date of enactment of this 
     Act will--
       (A) change the vineyard suitability of the 10 largest wine-
     producing States with respect to vineyard location and 
     varieties of grape grown; and

[[Page S14543]]

       (B) cause vineyard grape growers to change vineyard 
     management practices.
       (2) Survey.--The study under paragraph (1) shall include a 
     survey of the state of plant breeding science that could 
     allow cultivars or rootstocks to better adapt to warmer 
     environments and soil conditions expected as a result of the 
     projected change in climate conditions described in paragraph 
     (1).
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report describing the results of the study under 
     subsection (a), including recommendations of the Secretary, 
     if any, regarding whether increased granular modeling of the 
     climate of grape-growing regions should be required to 
     mitigate the impacts of the projected changes in climate 
     conditions, including projected increase in global 
     temperature, on viticulture in the United States.
                                 ______
                                 
  SA 3739. Mrs. LINCOLN 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 210, strike line 20 and all that follows 
     through page 213, line 5, and insert the following:
       ``(1) Crop years.--
       ``(A) 2009 crop year.--Notwithstanding any other provision 
     of law, an individual or entity shall not be eligible to 
     receive any benefit described in paragraph (2) during the 
     2009 crop year if the average adjusted gross income of the 
     individual or entity exceeds $1,000,000, unless not less than 
     66.66 percent of the average adjusted gross income of the 
     individual or entity is derived from farming, ranching, or 
     forestry operations, as determined by the Secretary.
       ``(B) 2010 and subsequent crop years.--Notwithstanding any 
     other provision of law, an individual or entity shall not be 
     eligible to receive any benefit described in paragraph (2) 
     during any of the 2010 and subsequent crop years if the 
     average adjusted gross income of the individual or entity 
     exceeds $750,000, unless not less than 66.66 percent of the 
     average adjusted gross income of the individual or entity is 
     derived from farming, ranching, or forestry operations, as 
     determined by the Secretary.
       ``(2) Covered benefits.--Paragraph (1) applies with respect 
     to the following:
       ``(A) Title XII of this Act.
       ``(B) A direct payment or counter-cyclical payment under 
     part I or III of subtitle A of title I of the Food and Energy 
     Security Act of 2007.
       ``(C) A marketing loan gain or loan deficiency payment 
     under part II or III of subtitle A of title I of the Food and 
     Energy Security Act of 2007.
       ``(D) An average crop revenue payment under subtitle B of 
     title I of Food and Energy Security Act of 2007.
       ``(E) Title II of the Food and Energy Security Act of 2007.
       ``(F) Title II of the Farm Security and Rural Investment 
     Act of 2002 (Public Law 107-171; 116 Stat. 223).
                                 ______
                                 
  SA 3740. Mrs. LINCOLN 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 189, strike lines 4 through 14, and insert the 
     following:

     Act, may not exceed $40,000 (as adjusted under paragraph (3) 
     in the case of corn).
       ``(2) Counter-cyclical payments.--The total amount of 
     counter-cyclical payments received, directly or indirectly, 
     by a person or legal entity (except a joint venture or a 
     general partnership) for any crop year under part I of 
     subtitle A of title I of the Food and Energy Security Act of 
     2007 for one or more covered commodities (except for 
     peanuts), or average crop revenue payments determined under 
     section 1401(b)(3) of that Act, may not exceed $60,000 (as 
     adjusted under paragraph (3) in the case of corn).
       ``(3) Special rule for corn.--
       ``(A) In general.--For each crop year, the Secretary shall 
     calculate a per bushel ethanol benefit for corn resulting 
     from Federal incentives for ethanol.
       ``(B) Reduction in payments.--
       ``(i) Reduction of direct payment.--The maximum amount of 
     direct payments that a person or legal entity is entitled to 
     receive for a crop year for corn under paragraph (1), or 
     average crop revenue payments determined under section 
     1401(b)(2) of the Food and Energy Security Act of 2007, shall 
     be reduced by an amount equal to the product obtained by 
     multiplying--

       ``(I) the amount of the ethanol benefit calculated under 
     subparagraph (A); by
       ``(II) the actual quantity of corn produced by the 
     individual or entity during the preceding crop year.

       ``(ii) Reduction of counter-cyclical payments.--If the 
     amount calculated under subclauses (I) and (II) of clause (i) 
     for a person or legal entity exceeds the amount of direct 
     payments the person or legal entity would otherwise be 
     entitled to receive under paragraph (1) for corn, the maximum 
     amount of counter-cyclical payments for corn that the person 
     or legal entity is entitled to receive under paragraph (2), 
     or average crop revenue payments determined under section 
     1401(b)(3) of the Food and Energy Security Act of 2007, shall 
     be reduced by the excess amount.
                                 ______
                                 
  SA 3741. Mrs. LINCOLN 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 1486, line17, strike all through page 
     1487, line 7, and insert the following:
       ``(3) Reduced amount after sale of 5,000,000,000 gallons.--
       ``(A) In general.--In the case of any calendar year 
     beginning after the date described in subparagraph (B), the 
     last row in the table in paragraph (2) shall be applied by 
     substituting `46 cents' for `51 cents'.
       ``(B) Date described.--The date described in this 
     subparagraph is the first date on which 5,000,000,000 gallons 
     of ethanol (including cellulosic ethanol) have been produced 
     in or imported into the United States after the date of the 
     enactment of this paragraph, as certified by the Secretary, 
     in consultation with the Administrator of the Environmental 
     Protection Agency.''.
                                 ______
                                 
  SA 3742. Mrs. LINCOLN 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 1491, between lines 11 and 12, insert the 
     following:

     SEC. __. ENERGY SAVINGS CERTIFICATION REQUIREMENT WITH 
                   RESPECT TO CREDIT FOR ETHANOL FUELS.

       (a) Income Tax Credit.--Paragraph (2) of section 40(h) 
     (relating to reduced credit amount for ethanol blenders) is 
     amended--
       (1) by striking ``For purposes of paragraph (1), the 
     blender amount'' and inserting ``For purposes of paragraph 
     (1)--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the blender amount'', and
       (2) by adding at the end the following new subparagraph:
       ``(B) Special rule with respect to uncertified ethanol.--
       ``(i) In general.--In the case of any alcohol or alcohol 
     fuel mixture which contains ethanol that does not meet the 
     requirements of clause (ii), the blender amount and the low-
     proof blender amount shall be zero.
       ``(ii) Certification of net energy savings for ethanol.--
     Ethanol meets the requirements of this paragraph if such 
     ethanol has been produced at a facility at which the process 
     for the production of ethanol is certified by the 
     Environmental Protection Agency as resulting in a net energy 
     savings.''.
       (b) Excise Tax Credit.--
       (1) In general.--Paragraph (2) of section 6426(b) is 
     amended to read as follows:
       ``(2) Applicable amount.--For purposes of this subsection, 
     the applicable amount is--
       ``(A) 60 cents in the case of an alcohol fuel mixture in 
     which none of the alcohol is ethanol, and
       ``(B) in the case of an alcohol fuel mixture which contains 
     ethanol--
       ``(i) 51 cents if all ethanol used in the alcohol fuel 
     mixture meets the requirement of paragraph (5), and
       ``(ii) zero in any other case.''.
       (2) Certification.--Subsection (b) of section 6426 is 
     amended by redesignating paragraph (5) as paragraph (6) and 
     by inserting after paragraph (4) the following new paragraph:
       ``(5) Certification of net energy savings for ethanol.--
     Ethanol meets the requirements of this paragraph if such 
     ethanol has been produced at a facility at which the process 
     for the production of ethanol is certified by the 
     Environmental Protection Agency as resulting in a net energy 
     savings.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any sale or use after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3743. Mr. BAUCUS 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 1045, between lines 2 and 3, insert the following:

[[Page S14544]]

     SEC. 750_. ANIMAL BIOSCIENCE FACILITY, BOZEMAN, MONTANA.

       There is authorized to be appropriated to the Secretary for 
     the period of fiscal years 2008 through 2012 $16,000,000, to 
     remain available until expended, for the construction in 
     Bozeman, Montana, of an animal bioscience facility within the 
     Agricultural Research Service.
                                 ______
                                 
  SA 3744. Mr. SANDERS (for himself and Mr. Leahy) 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 692, between lines 17 and 18, insert the following:

     SEC. 49__. EFFECT OF PARTICIPATION IN FARMERS' MARKET 
                   NUTRITION PROGRAM.

       Section 17(m)(6) of the Child Nutrition Act of 1966 (42 
     U.S.C. 1786(m)(6)) is amended by adding at the end the 
     following:
       ``(G) Effect of participation.--The Secretary shall not 
     restrict any State that participates in the program under 
     this subsection to a per recipient cap for the amount of 
     Federal food benefits allocated for recipients under the 
     program.''.
                                 ______
                                 
  SA 3745. 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:

       Beginning on page 664, strike line 23 and all that follows 
     through page 665, line 5, and insert the following:
       (2) by redesignating paragraph (2) as paragraph (4);
       (3) by inserting after paragraph (1) the following:
       ``(2) Administration.--In providing grants under paragraph 
     (1), the Secretary shall give priority to projects that can 
     be replicated in schools.
       ``(3) Pilot program for high-poverty schools.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Eligible program.--The term `eligible program' 
     means--

       ``(I) a school-based program with hands-on vegetable 
     gardening and nutrition education that is incorporated into 
     the curriculum for 1 or more grades at 2 or more eligible 
     schools; or
       ``(II) a community-based summer program with hands-on 
     vegetable gardening and nutrition education that is part of, 
     or coordinated with, a summer enrichment program at 2 or more 
     eligible schools.

       ``(ii) Eligible school.--The term `eligible school' means a 
     public school, at least 50 percent of the students of which 
     are eligible for free or reduced price meals under this Act.
       ``(B) Establishment.--The Secretary shall carry out a pilot 
     program under which the Secretary shall provide to nonprofit 
     organizations or public entities in not more than 5 States 
     grants to develop and run, through eligible programs, 
     community gardens at eligible schools in the States that 
     would--
       ``(i) be planted, cared for, and harvested by students at 
     the eligible schools; and
       ``(ii) teach the students participating in the community 
     gardens about agriculture, sound farming practices, and diet.
       ``(C) Priority states.--Of the States provided a grant 
     under this paragraph--
       ``(i) at least 1 State shall be among the 15 largest 
     States, as determined by the Secretary;
       ``(ii) at least 1 State shall be among the 16th to 30th 
     largest States, as determined by the Secretary; and
       ``(iii) at least 1 State shall be a State that is not 
     described in clause (i) or (ii).
       ``(D) Use of produce.--Produce from a community garden 
     provided a grant under this paragraph may be--
       ``(i) used to supplement food provided at the eligible 
     school;
       ``(ii) distributed to students to bring home to the 
     families of the students; or
       ``(iii) donated to a local food bank or senior center 
     nutrition program.
       ``(E) No cost-sharing requirement.--A nonprofit 
     organization or public entity that receives a grant under 
     this paragraph shall not be required to share the cost of 
     carrying out the activities assisted under this paragraph.
       ``(F) Evaluation.--A nonprofit organization or public 
     entity that receives a grant under this paragraph shall be 
     required to cooperate in an evaluation in accordance with 
     paragraph (1)(H).
       ``(G) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph 
     $10,000,000.''; and
       (4) in paragraph (4) (as redesignated by paragraph (2)), by 
     inserting ``(other than paragraph (3))'' after ``this 
     subsection''.
                                 ______
                                 
  SA 3746. 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 1362, between lines 19 and 20, insert the 
     following:

     SEC. 11072. REPORT RELATING TO THE ENDING OF CHILDHOOD HUNGER 
                   IN THE UNITED STATES.

       (a) Findings.--Congress finds that--
       (1) the United States has the highest rate of childhood 
     poverty in the industrialized world, with over \1/5\ of all 
     children of the United States living in poverty, and almost 
     half of those children living in extreme poverty;
       (2) childhood poverty in the United States is growing 
     rather than diminishing;
       (3) households with children experience hunger at more than 
     double the rate as compared to households without children;
       (4) hunger is a major problem in the United States, with 
     the Department of Agriculture reporting that 12 percent of 
     the citizens of the United States (approximately 35,000,000 
     citizens) could not put food on the table of those citizens 
     at some point during 2006;
       (5) of the 35,000,000 citizens of the United States that 
     have very low food security--
       (A) 98 percent of those citizens worried that money would 
     run out before those citizens acquired more money to buy more 
     food;
       (B) 96 percent of those citizens had to cut the size of the 
     meals of those citizens or even go without meals because 
     those citizens did not have enough money to purchase 
     appropriate quantities of food; and
       (C) 94 percent of those citizens could not afford to eat 
     balanced meals;
       (6) the phrase ``people with very low food security'', a 
     new phrase in our national lexicon, in simple terms means 
     ``people who are hungry'';
       (7) 30 percent of black and Hispanic children, and 40 
     percent of low income children, live in households that do 
     not have access to nutritionally adequate diets that are 
     necessary for an active and healthy life;
       (8) the increasing lack of access of the citizens of the 
     United States to nutritionally adequate diets is a 
     significant factor from which the Director of the Centers for 
     Disease Control and Prevention concluded that ``during the 
     past 20 years there has been a dramatic increase in obesity 
     in the United States'';
       (9) during the last 3 decades, childhood obesity has--
       (A) more than doubled for preschool children and 
     adolescents; and
       (B) more than tripled for children between the ages of 6 
     and 11 years;
       (10) as of the date of enactment of this Act, approximately 
     9,000,000 children who are 6 years old or older are 
     considered obese;
       (11) scientists have demonstrated that there is an inverse 
     relation between obesity and doing well in school; and
       (12) a study published in Pediatrics found that ``6- to 11-
     year-old food-insufficient children had significantly lower 
     arithmetic scores and were more likely to have repeated a 
     grade, have seen a psychologist, and have had difficulty 
     getting along with other children''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is a national disgrace that many millions of 
     citizens of the United States, a disproportionate number of 
     whom are children, are going hungry in this great nation, 
     which is the wealthiest country in the history of the world;
       (2) because the strong commitment of the United States to 
     family values is deeply undermined when families and children 
     go hungry, the United States has a moral obligation to 
     abolish hunger; and
       (3) through a variety of initiatives (including large 
     funding increases in nutrition programs of the Federal 
     Government), the United States should abolish child hunger 
     and food insufficiency in the United States by the 2013.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     relevant committees of Congress a report that describes the 
     best and most cost-effected manner by which the Federal 
     Government could allocate an increased amount of funds to new 
     programs and programs in existence as of the date of 
     enactment of this Act to achieve the goal of abolishing child 
     hunger and food insufficiency in the United States by 2013.
                                 ______
                                 
  SA 3747. Mr. BAUCUS 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 1563, line 6, strike through page 1564, 
     line 15, and insert following:

     SEC. 12504. MODIFICATION OF SECTION 1031 TREATMENT FOR 
                   CERTAIN REAL ESTATE.

       (a) In General.--Section 1031 (relating to exchange of 
     property held for productive use or investment), as amended 
     by this Act, is amended by adding at the end the following 
     new subsection:

[[Page S14545]]

       ``(j) Special Rule for Subsidized Agricultural Real 
     Property.--
       ``(1) In general.--Subsidized agricultural real property 
     and nonagricultural real property are not property of a like 
     kind.
       ``(2) Subsidized agricultural real property.--For purposes 
     of this subsection, the term `subsidized agricultural real 
     property' means real property--
       ``(A) which is used as a farm for farming purposes (within 
     the meaning of section 2032A(e)(5)); and
       ``(B) with respect to which a taxpayer receives, in the 
     taxable year in which an exchange of such property is made, 
     any payment or benefit under--
       ``(i) part I of subtitle A,
       ``(ii) part III (other than sections 1307 and 1308) of 
     subtitle A, or
       ``(iii) subtitle B,
     of title I of the Food and Energy Security Act of 2007.
       ``(3) Nonagricultural real property.--For purposes of this 
     subsection, the term `nonagricultural real property' means 
     real property which is not used as a farm for farming 
     purposes (within the meaning of section 2032A(e)(5)).
       ``(4) Exception.--Paragraph (1) shall not apply with 
     respect to any subsidized agricultural real property which, 
     not later than the date of the exchange, is permanently 
     retired from any program under which any payment or benefit 
     described in paragraph (2)(B) is made.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to exchanges completed after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3748. Mr. BAUCUS 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 1488, strike lines 1 through 21, and insert 
     following:

     SEC. 12316. CALCULATION OF VOLUME OF ALCOHOL FOR FUEL 
                   CREDITS.

       (a) In General.--Paragraph (4) of section 40(d) (relating 
     to volume of alcohol) is amended by striking ``5 percent'' 
     and inserting ``2 percent''.
       (b) Conforming Amendment for Excise Tax Credit.--Section 
     6426(b) (relating to alcohol fuel mixture credit) is amended 
     by redesignating paragraph (5) as paragraph (6) and by 
     inserting after paragraph (4) the following new paragraph:
       ``(5) Volume of alcohol.--For purposes of determining under 
     subsection (a) the number of gallons of alcohol with respect 
     to which a credit is allowable under subsection (a), the 
     volume of alcohol shall include the volume of any denaturant 
     (including gasoline) which is added under any formulas 
     approved by the Secretary to the extent that such denaturants 
     do not exceed 2 percent of the volume of such alcohol 
     (including denaturants).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2007.
                                 ______
                                 
  SA 3749. Mr. BAUCUS 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 1473, strike line 3 and all that follows 
     through page 1480, line 3, and insert the following:

     SEC. 12312. CREDIT FOR PRODUCTION OF CELLULOSIC BIOMASS 
                   ALCOHOL.

       (a) In General.--Subsection (a) of section 40 (relating to 
     alcohol used as fuel) is amended by striking ``plus'' at the 
     end of paragraph (2), by striking the period at the end of 
     paragraph (3) and inserting ``, plus'', and by adding at the 
     end the following new paragraph:
       ``(4) the small cellulosic alcohol producer credit.''.
       (b) Small Cellulosic Alcohol Producer Credit.--
       (1) In general.--Subsection (b) of section 40 is amended by 
     adding at the end the following new paragraph:
       ``(6) Small cellulosic alcohol producer credit.--
       ``(A) In general.--In addition to any other credit allowed 
     under this section, there shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to the applicable amount for each gallon of 
     qualified cellulosic alcohol production.
       ``(B) Applicable amount.--For purposes of subparagraph (A), 
     the applicable amount means the excess of--
       ``(i) $1.28, over
       ``(ii) the sum of--

       ``(I) the amount of the credit in effect for alcohol which 
     is ethanol under subsection (b)(1) (without regard to 
     subsection (b)(3)) at the time of the qualified cellulosic 
     alcohol production, plus
       ``(II) the amount of the credit in effect under subsection 
     (b)(4) at the time of such production.

       ``(C) Limitation.--
       ``(i) In general.--No credit shall be allowed to any 
     taxpayer under subparagraph (A) with respect to any qualified 
     cellulosic alcohol production during the taxable year in 
     excess of 60,000,000 gallons.
       ``(ii) Aggregation rule.--For purposes of clause (i), all 
     members of the same controlled group of corporations (within 
     the meaning of section 267(f)) and all persons under common 
     control (within the meaning of section 52(b) but determined 
     by treating an interest of more than 50 percent as a 
     controlling interest) shall be treated as 1 person.
       ``(iii) Partnership, s corporations, and other pass-thru 
     entities.--In the case of a partnership, trust, S 
     corporation, or other pass-thru entity, the limitation 
     contained in clause (i) shall be applied at the entity level 
     and at the partner or similar level.
       ``(D) Qualified cellulosic alcohol production.--For 
     purposes of this section, the term `qualified cellulosic 
     alcohol production' means any cellulosic biomass alcohol 
     which during the taxable year--
       ``(i) is sold by the taxpayer to another person--

       ``(I) for use by such other person in the production of a 
     qualified alcohol mixture in such other person's trade or 
     business (other than casual off-farm production),
       ``(II) for use by such other person as a fuel in a trade or 
     business, or
       ``(III) who sells such cellulosic biomass alcohol at retail 
     to another person and places such cellulosic biomass alcohol 
     in the fuel tank of such other person, or

       ``(ii) is used or sold by the taxpayer for any purpose 
     described in clause (i).

     The qualified cellulosic alcohol production of any taxpayer 
     for any taxable year shall not include any alcohol which is 
     purchased by the taxpayer and with respect to which such 
     producer increases the proof of the alcohol by additional 
     distillation.
       ``(E) Cellulosic biomass alcohol.--
       ``(i) In general.--The term `cellulosic biomass alcohol' 
     has the meaning given such term under section 168(l)(3), but 
     does not include any alcohol with a proof of less than 150.
       ``(ii) Determination of proof.--The determination of the 
     proof of any alcohol shall be made without regard to any 
     added denaturants.
       ``(F) Allocation of small cellulosic producer credit to 
     patrons of cooperative.--Rules similar to the rules under 
     subsection (g)(6) shall apply for purposes of this paragraph.
       ``(G) Application of paragraph.--This paragraph shall apply 
     with respect to qualified cellulosic alcohol production after 
     December 31, 2007, and before April 1, 2015.''.
       (2) Termination date not to apply.--Subsection (e) of 
     section 40 (relating to termination) is amended--
       (A) by inserting ``or subsection (b)(6)(G)'' after ``by 
     reason of paragraph (1)'' in paragraph (2), and
       (B) by adding at the end the following new paragraph:
       ``(3) Exception for small cellulosic alcohol producer 
     credit.--Paragraph (1) shall not apply to the portion of the 
     credit allowed under this section by reason of subsection 
     (a)(4).''.
       (c) Alcohol Not Used as a Fuel, etc.--
       (1) In general.--Paragraph (3) of section 40(d) is amended 
     by redesignating subparagraph (D) as subparagraph (E) and by 
     inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) Small cellulosic alcohol producer credit.--If--
       ``(i) any credit is allowed under subsection (a)(4), and
       ``(ii) any person does not use such fuel for a purpose 
     described in subsection (b)(6)(D),

     then there is hereby imposed on such person a tax equal to 
     the applicable amount for each gallon of such cellulosic 
     biomass alcohol.''.
       (2) Conforming amendments.--
       (A) Subparagraph (C) of section 40(d)(3) is amended by 
     striking ``producer'' in the heading and inserting ``small 
     ethanol producer''.
       (B) Subparagraph (E) of section 40(d)(3), as redesignated 
     by paragraph (1), is amended by striking ``or (C)'' and 
     inserting ``(C), or (D)''.
       (d) Alcohol Produced in the United States.--Section 40(d) 
     is amended by adding at the end the following new paragraph:
       ``(6) Special rule for small cellulosic alcohol 
     producers.--No small cellulosic alcohol producer credit shall 
     be determined under subsection (a) with respect to any 
     alcohol unless such alcohol is produced in the United 
     States.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to fuel produced after December 31, 2007.
                                 ______
                                 
  SA 3750. Mr. BAUCUS 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 1473, strike line 3 and all that follows 
     through page 1480, line 3, and insert the following:

[[Page S14546]]

     SEC. 12312. CREDIT FOR PRODUCTION OF CELLULOSIC BIOMASS 
                   ALCOHOL.

       (a) In General.--Subsection (a) of section 40 (relating to 
     alcohol used as fuel) is amended by striking ``plus'' at the 
     end of paragraph (2), by striking the period at the end of 
     paragraph (3) and inserting ``, plus'', and by adding at the 
     end the following new paragraph:
       ``(4) the small cellulosic alcohol producer credit.''.
       (b) Small Cellulosic Alcohol Producer Credit.--
       (1) In general.--Subsection (b) of section 40 is amended by 
     adding at the end the following new paragraph:
       ``(6) Small cellulosic alcohol producer credit.--
       ``(A) In general.--In addition to any other credit allowed 
     under this section, there shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to the applicable amount for each gallon of 
     qualified cellulosic alcohol production.
       ``(B) Applicable amount.--For purposes of subparagraph (A), 
     the applicable amount means the excess of--
       ``(i) $1.28, over
       ``(ii) the sum of--

       ``(I) the amount of the credit in effect for alcohol which 
     is ethanol under subsection (b)(1) (without regard to 
     subsection (b)(3)) at the time of the qualified cellulosic 
     alcohol production, plus
       ``(II) the amount of the credit in effect under subsection 
     (b)(4) at the time of such production.

       ``(C) Limitation.--
       ``(i) In general.--No credit shall be allowed to any 
     taxpayer under subparagraph (A) with respect to any qualified 
     cellulosic alcohol production during the taxable year in 
     excess of 60,000,000 gallons.
       ``(ii) Aggregation rule.--For purposes of clause (i), all 
     members of the same controlled group of corporations (within 
     the meaning of section 267(f)) and all persons under common 
     control (within the meaning of section 52(b) but determined 
     by treating an interest of more than 50 percent as a 
     controlling interest) shall be treated as 1 person.
       ``(iii) Partnership, s corporations, and other pass-thru 
     entities.--In the case of a partnership, trust, S 
     corporation, or other pass-thru entity, the limitation 
     contained in clause (i) shall be applied at the entity level 
     and at the partner or similar level.
       ``(D) Qualified cellulosic alcohol production.--For 
     purposes of this section, the term `qualified cellulosic 
     alcohol production' means any cellulosic biomass alcohol 
     which during the taxable year--
       ``(i) is sold by the taxpayer to another person--

       ``(I) for use by such other person in the production of a 
     qualified alcohol mixture in such other person's trade or 
     business (other than casual off-farm production),
       ``(II) for use by such other person as a fuel in a trade or 
     business, or
       ``(III) who sells such cellulosic biomass alcohol at retail 
     to another person and places such cellulosic biomass alcohol 
     in the fuel tank of such other person, or

       ``(ii) is used or sold by the taxpayer for any purpose 
     described in clause (i).

     The qualified cellulosic alcohol production of any taxpayer 
     for any taxable year shall not include any alcohol which is 
     purchased by the taxpayer and with respect to which such 
     producer increases the proof of the alcohol by additional 
     distillation.
       ``(E) Cellulosic biomass alcohol.--
       ``(i) In general.--The term `cellulosic biomass alcohol' 
     has the meaning given such term under section 168(l)(3), but 
     does not include any alcohol with a proof of less than 150.
       ``(ii) Determination of proof.--The determination of the 
     proof of any alcohol shall be made without regard to any 
     added denaturants.
       ``(F) Allocation of small cellulosic producer credit to 
     patrons of cooperative.--Rules similar to the rules under 
     subsection (g)(6) shall apply for purposes of this paragraph.
       ``(G) Application of paragraph.--This paragraph shall apply 
     with respect to qualified cellulosic alcohol production after 
     December 31, 2007, and before April 1, 2015.''.
       (2) Termination date not to apply.--Subsection (e) of 
     section 40 (relating to termination) is amended--
       (A) by inserting ``or subsection (b)(6)(G)'' after ``by 
     reason of paragraph (1)'' in paragraph (2), and
       (B) by adding at the end the following new paragraph:
       ``(3) Exception for small cellulosic alcohol producer 
     credit.--Paragraph (1) shall not apply to the portion of the 
     credit allowed under this section by reason of subsection 
     (a)(4).''.
       (c) Alcohol Not Used as a Fuel, etc.--
       (1) In general.--Paragraph (3) of section 40(d) is amended 
     by redesignating subparagraph (D) as subparagraph (E) and by 
     inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) Small cellulosic alcohol producer credit.--If--
       ``(i) any credit is allowed under subsection (a)(4), and
       ``(ii) any person does not use such fuel for a purpose 
     described in subsection (b)(6)(D),

     then there is hereby imposed on such person a tax equal to 
     the applicable amount for each gallon of such cellulosic 
     biomass alcohol.''.
       (2) Conforming amendments.--
       (A) Subparagraph (C) of section 40(d)(3) is amended by 
     striking ``producer'' in the heading and inserting ``small 
     ethanol producer''.
       (B) Subparagraph (E) of section 40(d)(3), as redesignated 
     by paragraph (1), is amended by striking ``or (C)'' and 
     inserting ``(C), or (D)''.
       (d) Alcohol Produced in the United States.--Section 40(d) 
     is amended by adding at the end the following new paragraph:
       ``(6) Special rule for small cellulosic alcohol 
     producers.--No small cellulosic alcohol producer credit shall 
     be determined under subsection (a) with respect to any 
     alcohol unless such alcohol is produced in the United 
     States.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to fuel produced after December 31, 2007.
       On page 1482, line 20, strike ``, as amended by this 
     Act,''.
       On page 1482, line 22, strike ``(j)'' and insert ``(i)''.
       On page 1485, line 16, strike ``section 312 of''.
       On page 1488, strike lines 1 through 21, and insert 
     following:

     SEC. 12316. CALCULATION OF VOLUME OF ALCOHOL FOR FUEL 
                   CREDITS.

       (a) In General.--Paragraph (4) of section 40(d) (relating 
     to volume of alcohol) is amended by striking ``5 percent'' 
     and inserting ``2 percent''.
       (b) Conforming Amendment for Excise Tax Credit.--Section 
     6426(b) (relating to alcohol fuel mixture credit) is amended 
     by redesignating paragraph (5) as paragraph (6) and by 
     inserting after paragraph (4) the following new paragraph:
       ``(5) Volume of alcohol.--For purposes of determining under 
     subsection (a) the number of gallons of alcohol with respect 
     to which a credit is allowable under subsection (a), the 
     volume of alcohol shall include the volume of any denaturant 
     (including gasoline) which is added under any formulas 
     approved by the Secretary to the extent that such denaturants 
     do not exceed 2 percent of the volume of such alcohol 
     (including denaturants).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2007.
       Beginning on page 1563, line 6, strike through page 1564, 
     line 15, and insert following:

     SEC. 12504. MODIFICATION OF SECTION 1031 TREATMENT FOR 
                   CERTAIN REAL ESTATE.

       (a) In General.--Section 1031 (relating to exchange of 
     property held for productive use or investment), as amended 
     by this Act, is amended by adding at the end the following 
     new subsection:
       ``(j) Special Rule for Subsidized Agricultural Real 
     Property.--
       ``(1) In general.--Subsidized agricultural real property 
     and nonagricultural real property are not property of a like 
     kind.
       ``(2) Subsidized agricultural real property.--For purposes 
     of this subsection, the term `subsidized agricultural real 
     property' means real property--
       ``(A) which is used as a farm for farming purposes (within 
     the meaning of section 2032A(e)(5)); and
       ``(B) with respect to which a taxpayer receives, in the 
     taxable year in which an exchange of such property is made, 
     any payment or benefit under--
       ``(i) part I of subtitle A,
       ``(ii) part III (other than sections 1307 and 1308) of 
     subtitle A, or
       ``(iii) subtitle B,

     of title I of the Food and Energy Security Act of 2007.
       ``(3) Nonagricultural real property.--For purposes of this 
     subsection, the term `nonagricultural real property' means 
     real property which is not used as a farm for farming 
     purposes (within the meaning of section 2032A(e)(5)).
       ``(4) Exception.--Paragraph (1) shall not apply with 
     respect to any subsidized agricultural real property which, 
     not later than the date of the exchange, is permanently 
     retired from any program under which any payment or benefit 
     described in paragraph (2)(B) is made.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to exchanges completed after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3751. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 64___. RIO GRANDE BASIN MANAGEMENT PROJECT.

       The Food Security Act of 1985 is amended by inserting after 
     section 1240K (as added by section 2361) the following:

     ``SEC. 1240L. RIO GRANDE BASIN MANAGEMENT PROJECT.

       ``(a) Definition of Rio Grande Basin.--In this section, the 
     term `Rio Grande Basin' includes all tributaries, backwaters, 
     and side channels (including watersheds) of the United States 
     that drain into the Rio Grande River.
       ``(b) Establishment.--The Secretary, in conjunction with 
     partnerships of institutions

[[Page S14547]]

     of higher education working with farmers, ranchers, and other 
     rural landowners, shall establish a program under which the 
     Secretary shall provide grants to the partnerships to benefit 
     the Rio Grande Basin by--
       ``(1) restoring water flow and the riparian habitat;
       ``(2) improving usage;
       ``(3) addressing demand for drinking water;
       ``(4) providing technical assistance to agricultural and 
     municipal water systems; and
       ``(5) researching alternative treatment systems for water 
     and waste water.
       ``(c) Use of Funds.--
       ``(1) In general.--A grant provided under this section may 
     be used by a partnership for the costs of carrying out an 
     activity described in subsection (b), including the costs 
     of--
       ``(A) direct labor;
       ``(B) appropriate travel;
       ``(C) equipment;
       ``(D) instrumentation;
       ``(E) analytical laboratory work;
       ``(F) subcontracting;
       ``(G) cooperative research agreements; and
       ``(H) similar related expenses and costs.
       ``(2) Limitation.--A grant provided under this section 
     shall not be used to purchase or construct any building.
       ``(d) Reports.--A partnership that receives a grant under 
     this subsection shall submit to the Secretary annual reports 
     describing--
       ``(1) the expenses of the partnership during the preceding 
     calendar year; and
       ``(2) such other financial information as the Secretary may 
     require.
       ``(e) Funding.--There are authorized to be appropriated 
     such sums as are necessary to carry out this section for each 
     of fiscal years 2008 through 2012, to remain available until 
     expended.''.
                                 ______
                                 
  SA 3752. Mrs. HUTCHISON (for herself and Mrs. Lincoln) 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 895, between lines 7 and 8, insert the following:

     SEC. 7003. USE OF FEDERAL FUNDS MADE AVAILABLE FOR 
                   COOPERATIVE CENTERS.

       Section 1409A(b) of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
     3124a(b)) is amended--
       (1) by striking ``(b) In order to promote'' and inserting 
     the following:
       ``(b) Cooperative Human Nutrition Centers.--
       ``(1) In general.--To promote''; and
       (2) by adding at the end the following:
       ``(2) Prohibition relating to reduction of funds.--
     Notwithstanding any other provision of law, the Secretary 
     shall not, with respect to any cooperative children's human 
     nutrition center located in Houston, Texas, or Little Rock, 
     Arkansas--
       ``(A) reduce the amount of Federal funds made available by 
     any Act through rescission, reprogramming, or project 
     termination; or
       ``(B) withhold an amount greater than 5 percent of the 
     amount of Federal funds made available by any Act for direct, 
     indirect, or administrative costs.''.
                                 ______
                                 
  SA 3753. Mr. GREGG 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 31, strike lines 4 through 8.
       On page 36, strike lines 14 through 21.
       On page 110, strike lines 18 through 23.
       Beginning on page 266, strike line 11 and all that follows 
     through page 267, line 7.
       Beginning on page 275, strike line 15 and all that follows 
     through page 276, line 2.
                                 ______
                                 
  SA 3754. Mr. BROWN (for himself, Mr. Sununu, Mrs. McCaskill, Mr. 
Durbin, Mr. Schumer, Mr. McCain, and Mr. Feingold) submitted an 
amendment intended to be proposed to amendment SA 3500 proposed by Mr. 
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to 
the bill H.R. 2419, to provide for the continuation of agricultural 
programs through fiscal year 2012, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 268, strike line 8 and all that follows 
     through page 293, line 2, and insert the following:

     SEC. 1908. PREMIUM REDUCTION PLAN.

       Section 508(e) of Federal Crop Insurance Act (7 U.S.C. 
     1508(e)) is amended by adding at the end the following:
       ``(6) Discount study.--
       ``(A) In general.--The Secretary shall commission an entity 
     independent of the crop insurance industry (with expertise 
     that includes traditional crop insurance) to study the 
     feasibility of permitting approved insurance providers to 
     provide discounts to producers purchasing crop insurance 
     coverage without undermining the viability of the Federal 
     crop insurance program.
       ``(B) Components.--The study should include--
       ``(i) an evaluation of the operation of a premium reduction 
     plan that examines--

       ``(I) the clarity, efficiency, and effectiveness of the 
     statutory language and related regulations;
       ``(II) whether the regulations frustrated the goal of 
     offering producers upfront, predictable, and reliable premium 
     discount payments; and
       ``(III) whether the regulations provided for reasonable, 
     cost-effective oversight by the Corporation of premium 
     discounts offered by approved insurance providers, 
     including--

       ``(aa) whether the savings were generated from verifiable 
     cost efficiencies adequate to offset the cost of discounts 
     paid; and
       ``(bb) whether appropriate control was exercised to prevent 
     approved insurance providers from preferentially offering the 
     discount to producers of certain agricultural commodities, in 
     certain regions, or in specific size categories;
       ``(ii) examination of the impact on producers, the crop 
     insurance industry, and profitability from offering 
     discounted crop insurance to producers;
       ``(iii) examination of implications for industry 
     concentration from offering discounted crop insurance to 
     producers;
       ``(iv) an examination of the desirability and feasibility 
     of allowing other forms of price competition in the Federal 
     crop insurance program;
       ``(v) a review of the history of commissions paid by crop 
     insurance providers; and
       ``(vi) recommendations on--

       ``(I) potential changes to this title that would address 
     the deficiencies in past efforts to provide discounted crop 
     insurance to producers,
       ``(II) whether approved insurance providers should be 
     allowed to draw on both administrative and operating 
     reimbursement and underwriting gains to provide discounted 
     crop insurance to producers; and
       ``(III) any other action that could increase competition in 
     the crop insurance industry that will benefit producers but 
     not undermine the viability of the Federal crop insurance 
     program.

       ``(C) Request for proposals.--In developing the request for 
     proposals for the study, the Secretary shall consult with 
     parties in the crop insurance industry (including producers 
     and approved insurance providers and agents, including 
     providers and agents with experience selling discount crop 
     insurance products).
       ``(D) Review of study.--The independent entity selected by 
     Secretary under subparagraph (A) shall seek comments from 
     interested stakeholders before finalizing the report of the 
     entity.
       ``(E) Report.--Not later than 18 months after the date of 
     enactment of the Food and Energy Security Act of 2007, the 
     Secretary shall submit to the Committee on Agriculture of the 
     House of Representatives and the Committee on Agriculture, 
     Nutrition, and Forestry of the Senate a report that describes 
     the results and recommendations of the study.''.

     SEC. 1909. DENIAL OF CLAIMS.

       Section 508(j)(2)(A) of the Federal Crop Insurance Act (7 
     U.S.C. 1508(j)(2)(A)) is amended by inserting ``on behalf of 
     the Corporation'' after ``approved provider''.

     SEC. 1910. MEASUREMENT OF FARM-STORED COMMODITIES.

       Section 508(j) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(j)) is amended by adding at the end the following:
       ``(5) Measurement of farm-stored commodities.--Beginning 
     with the 2009 crop year, for the purpose of determining the 
     amount of any insured production loss sustained by a producer 
     and the amount of any indemnity to be paid under a plan of 
     insurance--
       ``(A) a producer may elect, at the expense of the producer, 
     to have the Farm Service Agency measure the quantity of the 
     commodity; and
       ``(B) the results of the measurement shall be used as the 
     evidence of the quantity of the commodity that was 
     produced.''.

     SEC. 1911. SHARE OF RISK.

       Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(k)) is amended by striking paragraph (3) and inserting 
     the following:
       ``(3) Share of risk.--The reinsurance agreements of the 
     Corporation with the reinsured companies shall require the 
     cumulative underwriting gain or loss, and the associated 
     premium and losses with such amount, calculated under any 
     reinsurance agreement (except livestock) ceded to the 
     Corporation by each approved insurance provider to be not 
     less than 30 percent.''.

     SEC. 1912. REIMBURSEMENT RATE.

       Section 508(k)(4) of the Federal Crop Insurance Act (7 
     U.S.C. 1508(k)(4)) (as amended by section 1906(2)) is 
     amended--
       (1) in subparagraph (A), by striking ``Except as provided 
     in subparagraph (B)'' and inserting ``Except as otherwise 
     provided in this paragraph''; and
       (2) by adding at the end the following:
       ``(E) Reimbursement rate reduction.--For each of the 2009 
     and subsequent reinsurance years, the reimbursement rates for 
     administrative and operating costs shall be 5 percentage 
     points below the rates in effect as of the date of enactment 
     of the Food and Energy Security Act of 2007 for all crop 
     insurance policies used to define loss ratio .

[[Page S14548]]

       ``(F) Reimbursement rate for area policies and plans of 
     insurance.--Notwithstanding subparagraphs (A) through (E), 
     for each of the 2009 and subsequent reinsurance years, the 
     reimbursement rate for area policies and plans of insurance 
     shall be 17 percent of the premium used to define loss ratio 
     for that reinsurance year.''.

     SEC. 1913. RENEGOTIATION OF STANDARD REINSURANCE AGREEMENT.

       Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(k)) is amended by adding at the end the following:
       ``(8) Renegotiation of standard reinsurance agreement.--
       ``(A) In general.--Notwithstanding section 536 of the 
     Agricultural Research, Extension, and Education Reform Act of 
     1998 (7 U.S.C. 1506 note; Public Law 105-185) and section 148 
     of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 
     1506 note; Public Law 106-224), the Corporation may 
     renegotiate the financial terms and conditions of each 
     Standard Reinsurance Agreement--
       ``(i) following the reinsurance year ending June 30, 2010;
       ``(ii) once during each period of 3 reinsurance years 
     thereafter; and
       ``(iii) subject to subparagraph (B), in any case in which 
     the approved insurance providers, as a whole, experience 
     unexpected adverse circumstances, as determined by the 
     Secretary.
       ``(B) Notification requirement.--If the Corporation 
     renegotiates a Standard Reinsurance Agreement under 
     subparagraph (A)(iii), the Corporation shall notify the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate of the renegotiation.''.

     SEC. 1914. CHANGE IN DUE DATE FOR CORPORATION PAYMENTS FOR 
                   UNDERWRITING GAINS.

       Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(k)) (as amended by section 1912) is amended by adding at 
     the end the following:
       ``(9) Due date for payment of underwriting gains.--
     Effective beginning with the 2011 reinsurance year, the 
     Corporation shall make payments for underwriting gains under 
     this title on--
       ``(A) for the 2011 reinsurance year, October 1, 2012; and
       ``(B) for each reinsurance year thereafter, October 1 of 
     the following calendar year.''.

     SEC. 1915. ACCESS TO DATA MINING INFORMATION.

       (a) In General.--Section 515(j)(2) of the Federal Crop 
     Insurance Act (7 U.S.C. 1515(j)(2)) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) In general.--The Secretary''; and
       (2) by adding at the end the following:
       ``(B) Access to data mining information.--
       ``(i) In general.--The Secretary shall establish a fee-for-
     access program under which approved insurance providers pay 
     to the Secretary a user fee in exchange for access to the 
     data mining system established under subparagraph (A) for the 
     purpose of assisting in fraud and abuse detection.
       ``(ii) Prohibition.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Corporation shall not impose a requirement on approved 
     insurance providers to access the data mining system 
     established under subparagraph (A).
       ``(II) Access without fee.--If the Corporation requires 
     approved insurance providers to access the data mining system 
     established under subparagraph (A), access will be provided 
     without charge to the extent necessary to fulfill the 
     requirements.

       ``(iii) Access limitation.--In establishing the program 
     under clause (i), the Secretary shall ensure that an approved 
     insurance provider has access only to information relating to 
     the policies or plans of insurance for which the approved 
     insurance provider provides insurance coverage, including any 
     information relating to--

       ``(I) information of agents and adjusters relating to 
     policies for which the approved insurance provider provides 
     coverage;
       ``(II) the other policies or plans of an insured that are 
     insured through another approved insurance providers; and
       ``(III) the policies or plans of an insured for prior crop 
     insurance years.''.

       (b) Insurance Fund.--Section 516 of the Federal Crop 
     Insurance Act (7 U.S.C. 1516) is amended--
       (1) in subsection (b), by adding at the end the following:
       ``(3) Data mining system.--The Corporation shall use 
     amounts deposited in the insurance fund established under 
     subsection (c) from fees collected under section 515(j)(2)(B) 
     to administer and carry out improvements to the data mining 
     system under that section.''; and
       (2) in subsection (c)(1)--
       (A) by striking ``and civil'' and inserting ``civil''; and
       (B) by inserting ``and fees collected under section 
     515(j)(2)(B)(i),'' after ``section 515(h),''.

     SEC. 1916. PRODUCER ELIGIBILITY.

       Section 520(2) of the Federal Crop Insurance Act (7 U.S.C. 
     1520(2)) is amended by inserting ``or is a person who raises 
     livestock owned by other persons (that is not covered by 
     insurance under this title by another person)'' after 
     ``sharecropper''.

     SEC. 1917. CONTRACTS FOR ADDITIONAL CROP POLICIES.

       Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 
     1522) is amended--
       (1) by redesignating paragraph (10) as paragraph (14); and
       (2) by inserting after paragraph (9) the following:
       ``(10) Energy crop insurance policy.--
       ``(A) Definition of dedicated energy crop.--In this 
     subsection, the term `dedicated energy crop' means an annual 
     or perennial crop that--
       ``(i) is grown expressly for the purpose of producing a 
     feedstock for renewable biofuel, renewable electricity, or 
     bio-based products; and
       ``(ii) is not typically used for food, feed, or fiber.
       ``(B) Authority.--The Corporation shall offer to enter into 
     1 or more contracts with qualified entities to carry out 
     research and development regarding a policy to insure 
     dedicated energy crops.
       ``(C) Research and development.--Research and development 
     described in subparagraph (B) shall evaluate the 
     effectiveness of risk management tools for the production of 
     dedicated energy crops, including policies and plans of 
     insurance that--
       ``(i) are based on market prices and yields;
       ``(ii) to the extent that insufficient data exist to 
     develop a policy based on market prices and yields, evaluate 
     the policies and plans of insurance based on the use of 
     weather or rainfall indices to protect the interests of crop 
     producers; and
       ``(iii) provide protection for production or revenue 
     losses, or both.
       ``(11) Aquaculture insurance policy.--
       ``(A) Definition of aquaculture.--In this subsection:
       ``(i) In general.--The term `aquaculture' means the 
     propagation and rearing of aquatic species in controlled or 
     selected environments, including shellfish cultivation on 
     grants or leased bottom and ocean ranching.
       ``(ii) Exclusion.--The term `aquaculture' does not include 
     the private ocean ranching of Pacific salmon for profit in 
     any State in which private ocean ranching of Pacific salmon 
     is prohibited by any law (including regulations).
       ``(B) Authority.--The Corporation shall offer to enter into 
     1 or more contracts with qualified entities to carry out 
     research and development regarding a policy to insure 
     aquaculture operations.
       ``(C) Research and development.--Research and development 
     described in subparagraph (B) shall evaluate the 
     effectiveness of risk management tools for the production of 
     fish and other seafood in aquaculture operations, including 
     policies and plans of insurance that--
       ``(i) are based on market prices and yields;
       ``(ii) to the extent that insufficient data exist to 
     develop a policy based on market prices and yields, evaluate 
     how best to incorporate insuring of aquaculture operations 
     into existing policies covering adjusted gross revenue; and
       ``(iii) provide protection for production or revenue 
     losses, or both.
       ``(12) Organic crop production coverage improvements.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Corporation shall offer 
     to enter into 1 or more contracts with qualified entities for 
     the development of improvements in Federal crop insurance 
     policies covering organic crops.
       ``(B) Price election.--
       ``(i) In general.--The contracts under subparagraph (A) 
     shall include the development of procedures (including any 
     associated changes in policy terms or materials required for 
     implementation of the procedures) to offer producers of 
     organic crops a price election that would reflect the actual 
     retail or wholesale prices, as appropriate, received by 
     producers for organic crops, as established using data 
     collected and maintained by the Agricultural Marketing 
     Service.
       ``(ii) Deadline.--The development of the procedures 
     required under clause (i) shall be completed not later than 
     the date necessary to allow the Corporation to offer the 
     price election--

       ``(I) beginning in the 2009 reinsurance year for organic 
     crops with adequate data available; and
       ``(II) subsequently for additional organic crops as data 
     collection for those organic crops is sufficient, as 
     determined by the Corporation.

       ``(13) Skiprow cropping practices.--
       ``(A) In general.--The Corporation shall offer to enter 
     into a contract with a qualified entity to carry out research 
     into needed modifications of policies to insure corn and 
     sorghum produced in the Central Great Plains (as determined 
     by the Agricultural Research Service) through use of skiprow 
     cropping practices.
       ``(B) Research.--Research described in subparagraph (A) 
     shall--
       ``(i) review existing research on skiprow cropping 
     practices and actual production history of producers using 
     skiprow cropping practices; and
       ``(ii) evaluate the effectiveness of risk management tools 
     for producers using skiprow cropping practices, including--

       ``(I) the appropriateness of rules in existence as of the 
     date of enactment of this paragraph relating to the 
     determination of acreage planted in skiprow patterns; and
       ``(II) whether policies for crops produced through skiprow 
     cropping practices reflect actual production capabilities.''.

     SEC. 1918. RESEARCH AND DEVELOPMENT.

       (a) Reimbursement Authorized.--Section 522(b) of the 
     Federal Crop Insurance Act (7

[[Page S14549]]

     U.S.C. 1522(b)) is amended by striking paragraph (1) and 
     inserting the following:
       ``(1) Research and development reimbursement.--The 
     Corporation shall provide a payment to reimburse an applicant 
     for research and development costs directly related to a 
     policy that--
       ``(A) is submitted to, and approved by, the Board pursuant 
     to a FCIC reimbursement grant under paragraph (7); or
       ``(B) is--
       ``(i) submitted to the Board and approved by the Board 
     under section 508(h) for reinsurance; and
       ``(ii) if applicable, offered for sale to producers.''.
       (b) FCIC Reimbursement Grants.--Section 522(b) of the 
     Federal Crop Insurance Act (7 U.S.C. 1522(b)) is amended by 
     adding at the end the following:
       ``(7) FCIC reimbursement grants.--
       ``(A) Grants authorized.--The Corporation shall provide 
     FCIC reimbursement grants to persons (referred to in this 
     paragraph as `submitters') proposing to prepare for 
     submission to the Board crop insurance policies and 
     provisions under subparagraphs (A) and (B) of section 
     508(h)(1), that apply and are approved for the FCIC 
     reimbursement grants under this paragraph.
       ``(B) Submission of application.--
       ``(i) In general.--The Board shall receive and consider 
     applications for FCIC reimbursement grants at least once each 
     year.
       ``(ii) Requirements.--An application to receive a FCIC 
     reimbursement grant from the Corporation shall consist of 
     such materials as the Board may require, including--

       ``(I) a concept paper that describes the proposal in 
     sufficient detail for the Board to determine whether the 
     proposal satisfies the requirements of subparagraph (C); and
       ``(II) a description of --

       ``(aa) the need for the product, including an assessment of 
     marketability and expected demand among affected producers;
       ``(bb) support from producers, producer organizations, 
     lenders, or other interested parties; and
       ``(cc) the impact the product would have on producers and 
     on the crop insurance delivery system; and

       ``(III) a statement that no products are offered by the 
     private sector that provide the same benefits and risk 
     management services as the proposal;
       ``(IV) a summary of data sources available that demonstrate 
     that the product can reasonably be developed and properly 
     rated; and
       ``(V) an identification of the risks the proposed product 
     will cover and an explanation of how the identified risks are 
     insurable under this title.

       ``(C) Approval conditions.--
       ``(i) In general.--A majority vote of the Board shall be 
     required to approve an application for a FCIC reimbursement 
     grant.
       ``(ii) Required findings.--The Board shall approve the 
     application if the Board finds that--

       ``(I) the proposal contained in the application--

       ``(aa) provides coverage to a crop or region not 
     traditionally served by the Federal crop insurance program;
       ``(bb) provides crop insurance coverage in a significantly 
     improved form;
       ``(cc) addresses a recognized flaw or problem in the 
     Federal crop insurance program or an existing product;
       ``(dd) introduces a significant new concept or innovation 
     to the Federal crop insurance program; or
       ``(ee) provides coverage or benefits not available from the 
     private sector;

       ``(II) the submitter demonstrates the necessary 
     qualifications to complete the project successfully in a 
     timely manner with high quality;
       ``(III) the proposal is in the interests of producers and 
     can reasonably be expected to be actuarially appropriate and 
     function as intended;
       ``(IV) the Board determines that the Corporation has 
     sufficient available funding to award the FCIC reimbursement 
     grant; and
       ``(V) the proposed budget and timetable are reasonable.

       ``(D) Participation.--
       ``(i) In general.--In reviewing proposals under this 
     paragraph, the Board may use the services of persons that the 
     Board determines appropriate to carry out expert review in 
     accordance with section 508(h).
       ``(ii) Confidentiality.--All proposals submitted under this 
     paragraph shall be treated as confidential in accordance with 
     section 508(h)(4).
       ``(E) Entering into agreement.--Upon approval of an 
     application, the Board shall offer to enter into an agreement 
     with the submitter for the development of a formal submission 
     that meets the requirements for a complete submission 
     established by the Board under section 508(h).
       ``(F) Feasibility studies.--
       ``(i) In general.--In appropriate cases, the Corporation 
     may structure the FCIC reimbursement grant to require, as an 
     initial step within the overall process, the submitter to 
     complete a feasibility study, and report the results of the 
     study to the Corporation, prior to proceeding with further 
     development.
       ``(ii) Monitoring.--The Corporation may require such other 
     reports as the Corporation determines necessary to monitor 
     the development efforts.
       ``(G) Rates.--Payment for work performed by the submitter 
     under this paragraph shall be based on rates determined by 
     the Corporation for products--
       ``(i) submitted under section 508(h); or
       ``(ii) contracted by the Corporation under subsection (c).
       ``(H) Termination.--
       ``(i) In general.--The Corporation or the submitter may 
     terminate any FCIC reimbursement grant at any time for just 
     cause.
       ``(ii) Reimbursement.--If the Corporation or the submitter 
     terminates the FCIC reimbursement grant before final approval 
     of the product covered by the grant, the submitter shall be 
     entitled to--

       ``(I) reimbursement of all eligible costs incurred to that 
     point; or
       ``(II) in the case of a fixed rate agreement, payment of an 
     appropriate percentage, as determined by the Corporation.

       ``(iii) Denial.--If the submitter terminates development 
     without just cause, the Corporation may deny reimbursement or 
     recover any reimbursement already made.
       ``(I) Consideration of products.--The Board shall consider 
     any product developed under this paragraph and submitted to 
     the Board under the rules the Board has established for 
     products submitted under section 508(h).''.
       (c) Conforming Amendment.--Section 523(b)(10) of the 
     Federal Crop Insurance Act (7 U.S.C. 1523(b)(10)) is amended 
     by striking ``(other than research and development costs 
     covered by section 522)''.

     SEC. 1919. FUNDING FROM INSURANCE FUND.

       Section 522(e) of the Federal Crop Insurance Act (7 U.S.C. 
     1522(e)) is amended--
       (1) in paragraph (1), by striking ``$10,000,000'' and all 
     that follows through the end of the paragraph and inserting 
     ``$7,500,000 for fiscal year 2008 and each subsequent fiscal 
     year''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Contracting, data mining, and comprehensive 
     information management system.--Of the amounts made available 
     from the insurance fund established under section 516(c), the 
     Corporation may use not more than $12,500,000 for fiscal year 
     2008 and each subsequent fiscal year to carry out, in 
     addition to other available funds--
       ``(A) contracting and partnerships under subsections (c) 
     and (d);
       ``(B) data mining and data warehousing under section 
     515(j)(2);
       ``(C) the comprehensive information management system under 
     section 10706 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8002);
       ``(D) compliance activities, including costs for additional 
     personnel; and
       ``(E) development, modernization, and enhancement of the 
     information technology systems used to manage and deliver the 
     crop insurance program.''.

     SEC. 1920. INCREASED FUNDING FOR CERTAIN PROGRAMS.

       In addition to the amounts made available under other 
     provisions of this Act and amendments made by this Act, of 
     the funds of the Commodity Credit Corporation, the Secretary 
     shall use to carry out--
       (1) the farmland protection program established under 
     subchapter B of chapter 2 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3838h et seq.) (commonly 
     known as the ``Farm and Ranch Lands Protection Program''), an 
     additional $10,000,000 for each of fiscal years 2008 through 
     2012;
       (2) the grassland reserve program established under 
     subchapter C of chapter 2 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3838n et seq.), an 
     additional $50,000,000 for the period of fiscal years 2008 
     through 2012;
       (3) the environmental quality incentives program 
     established under chapter 4 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3839aa et seq.), an 
     additional $30,000,000 for each of fiscal years 2008 through 
     2012;
       (4) the McGovern-Dole International Food for Education and 
     Child Nutrition Program established under section 3107 of the 
     Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     1736o-1), an additional $100,000,000 for each of fiscal years 
     2009 and 2010; and
       (5) the improvements to the food and nutrition program made 
     by section 4109 (and the amendments made by that sections) 
     without regard to section 4908(b)(7).

     SEC. 1921. STRENGTHENING THE FOOD PURCHASING POWER OF LOW-
                   INCOME AMERICANS.

       (a) In General.--Section 5(e)(1) of the Food and Nutrition 
     Act of 2007 (7 U.S.C. 2014(e)(1)) is amended--
       (1) in subparagraph (A)(ii), by striking ``not less than 
     $134'' and all that follows through the end of the clause and 
     inserting the following: ``not less than--

       ``(I) for fiscal year 2008, $141, $241, $199, and $124, 
     respectively;
       ``(II) for each of fiscal years 2009 through 2012, an 
     amount that is equal to the amount from the previous fiscal 
     year adjusted to the nearest lower dollar increment to 
     reflect changes for the 12-month period ending on the 
     preceding June 30 in the Consumer Price Index for All Urban 
     Consumers published by the Bureau of Labor Statistics of the 
     Department of Labor, for items other than food;
       ``(III) for fiscal year 2013, $134, $229, $189, and $118, 
     respectively; and
       ``(IV) for fiscal year 2014 and each fiscal year 
     thereafter, an amount that is equal to the amount from the 
     previous fiscal year adjusted to the nearest lower dollar 
     increment to reflect changes for the 12-month period ending 
     on the preceding June 30 in the Consumer Price Index for All 
     Urban Consumers published by the Bureau of Labor Statistics

[[Page S14550]]

     of the Department of Labor, for items other than food.'';

       (2) in subparagraph (B)(ii), by striking ``not less than 
     $269.'' and inserting the following: ``not less than--

       ``(I) for fiscal year 2008, $283;
       ``(II) for each of fiscal years 2009 through 2012, an 
     amount that is equal to the amount from the previous fiscal 
     year adjusted to the nearest lower dollar increment to 
     reflect changes for the 12-month period ending on the 
     preceding June 30 in the Consumer Price Index for All Urban 
     Consumers published by the Bureau of Labor Statistics of the 
     Department of Labor, for items other than food;
       ``(III) for fiscal year 2013, $269; and
       ``(IV) for fiscal year 2014 and each fiscal year 
     thereafter, an amount that is equal to the amount from the 
     previous fiscal year adjusted to the nearest lower dollar 
     increment to reflect changes for the 12-month period ending 
     on the preceding June 30 in the Consumer Price Index for All 
     Urban Consumers published by the Bureau of Labor Statistics 
     of the Department of Labor, for items other than food.''; and

       (3) by adding at the end the following:
       ``(C) Requirement.--Each adjustment under subclauses (II) 
     and (IV) of subparagraph (A)(ii) and subclauses (II) and (IV) 
     of subparagraph (B)(ii) shall be based on the unrounded 
     amount for the prior 12-month period.''.
       (b) Effect of Other Provision.--The amendments made by 
     section 4102 shall have no force or effect.
                                 ______
                                 
  SA 3755. Mr. ROBERTS 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 385, lines 16 and 17, strike ``13,273,000 acres for 
     each fiscal year, but not to exceed 79,638,000 acres'' and 
     insert ``11,945,700 acres for each fiscal year, but not to 
     exceed 71,674,200 acres''.
       On page 403, line 21, strike ``$60,000,000'' and insert 
     ``$82,600,000''.
       On page 445, line 20, strike ``$97,000,000'' and insert 
     ``$120,000,000''.
       On page 445, line 24, strike ``$240,000,000'' and insert 
     ``$500,000,000''.
       On page 446, strike lines 4 through 7 and insert the 
     following:
       ``(A) $1,370,000,000 for each of fiscal years 2008 and 
     2009; and
       ``(B) $1,400,000,000 for each of fiscal years 2010 through 
     2012.
                                 ______
                                 
  SA 3756. Mr. ROBERTS 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 499, strike line 15 and all that follows 
     through page 501, line 2, and insert the following:
       (a) Federal Crop Insurance.--Section 508 of the Federal 
     Crop Insurance Act (7 U.S.C. 1508) is amended by adding at 
     the end the following:
       ``(o) Crop Insurance Ineligibility Relating to Crop 
     Production on Native Sod.--
       ``(1) Definition of native sod.--In this subsection, the 
     term `native sod' means land--
       ``(A) on which the plant cover is composed principally of 
     native grasses, grasslike plants, forbs, or shrubs suitable 
     for grazing and browsing; and
       ``(B) that has never been used for production of an 
     agricultural commodity.
       ``(2) Ineligibility.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     native sod acreage on which an agricultural commodity is 
     planted for which a policy or plan of insurance is available 
     under this title shall be ineligible for benefits under this 
     Act.
       ``(B) De minimus acreage.--
       ``(i) Exemption.--The Secretary shall exempt areas of 5 
     acres or less from subparagraph (A).
       ``(ii) Waiver.--The Secretary may provide a waiver from the 
     application of subparagraph (A) for areas of 15 acres or less 
     on a case-by-case basis.''.
       (b) Noninsured Crop Disaster Assistance.--Section 196(a) of 
     the Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333(a)) is amended by adding at the end the 
     following:
       ``(4) Program ineligibility relating to crop production on 
     native sod.--
       ``(A) Definition of native sod.--In this paragraph, the 
     term `native sod' means land--
       ``(i) on which the plant cover is composed principally of 
     native grasses, grasslike plants, forbs, or shrubs suitable 
     for grazing and browsing; and
       ``(ii) that has never been used for production of an 
     agricultural commodity.
       ``(B) Ineligibility.--Except as provided in subparagraph 
     (C), native sod acreage on which an agricultural commodity is 
     planted for which a policy or plan of Federal crop insurance 
     is available shall be ineligible for benefits under this 
     section.
       ``(C) De minimus acreage.--
       ``(i) Exemption.--The Secretary shall exempt areas of 5 
     acres or less from subparagraph (B).
       ``(ii) Waiver.--The Secretary may provide a waiver from the 
     application of subparagraph (B) for areas of 15 acres or less 
     on a case-by-case basis.''.
                                 ______
                                 
  SA 3757. Mr. INHOFE 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. 11072. POULTRY SUSTAINABILITY RESEARCH PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible applicant.--The term ``eligible applicant'' 
     includes any institution of higher education, farmer or other 
     agricultural producer, municipality, and private nonprofit 
     organization that--
       (A) expresses to the Secretary an interest in the long-term 
     environmental and economic sustainability of the agricultural 
     industry; and
       (B) is located in--
       (i) the State of Arkansas;
       (ii) the State of Oklahoma; and
       (iii) the State of Texas.
       (2) Program.--The term ``program'' means the poultry 
     sustainability research program established under subsection 
     (b).
       (b) Establishment.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall establish a 
     poultry sustainability research program.
       (2) Required activities.--In carrying out the program, the 
     Secretary shall--
       (A) identify challenges and develop solutions to enhance 
     the economic and environmental sustainability of the poultry 
     industry in the Southwest region of the United States;
       (B) research, develop, and implement programs--
       (i) to recover energy and other useful products from 
     poultry waste;
       (ii) to identify new technologies for the storage, 
     treatment, use, and disposal of animal waste; and
       (iii) to assist the poultry industry in ensuring that 
     emissions of animal waste (within the meaning of section 
     211(o) of the Clean Air Act (42 U.S.C. 7545(o))) and 
     discharges (as defined in section 502 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1362)) of the industry are 
     maintained at levels at or below applicable regulatory 
     standards;
       (C) provide technical assistance, training, applied 
     research, and monitoring to eligible applicants;
       (D) develop environmentally effective programs in the 
     poultry industry; and
       (E) collaborate with eligible applicants to work with the 
     Federal Government (including Federal agencies) in the 
     development of conservation, environmental credit trading, 
     and watershed programs to help private landowners and 
     agricultural producers meet applicable water quality 
     standards.
       (c) Contracts.--
       (1) In general.--In carrying out the program, the Secretary 
     shall offer to enter into contracts with eligible applicants.
       (2) Application.--
       (A) Submission of application.--To enter into a contract 
     with the Secretary under paragraph (1), an eligible applicant 
     shall submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (B) Guidelines.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall promulgate a 
     regulation describing the application requirements, including 
     milestones and goals to be achieved by each eligible 
     applicant.
       (d) Reports.--Not later than 2 years after the date of 
     enactment of this Act, and for each fiscal year thereafter, 
     the Secretary shall submit to Congress a report describing--
       (1) each project for which funds are provided under this 
     section; and
       (2) any advance in technology resulting from the 
     implementation of this section.
       (e) 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, to 
     remain available until expended.
                                 ______
                                 
  SA 3758. Mr. SMITH (for himself, Mr. Barrasso, and 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. ___. FEDERAL AND STATE COOPERATIVE FOREST, RANGELAND, 
                   AND WATERSHED RESTORATION AND PROTECTION.

       (a) Definitions.--In this section:

[[Page S14551]]

       (1) Eligible state.--The term ``eligible State'' means a 
     State that contains National Forest System land or Bureau of 
     Land Management land located west of the 100th meridian.
       (2) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture, with respect to National 
     Forest System land; or
       (B) the Secretary of the Interior, with respect to Bureau 
     of Land Management land.
       (3) State forester.--The term ``State forester'' means the 
     head of a State agency with jurisdiction over State forest 
     land in an eligible State.
       (b) Cooperative Agreements and Contracts.--
       (1) In general.--The Secretary may enter into a cooperative 
     agreement or contract (including a sole source contract) with 
     a State forester to authorize the State forester to provide 
     the forest, rangeland, and watershed restoration and 
     protection services described in paragraph (2) on National 
     Forest System land or Bureau of Land Management land, as 
     applicable, in the eligible State if similar and 
     complementary restoration and protection services are being 
     provided by the State forester on adjacent State or private 
     land.
       (2) Authorized services.--The forest, rangeland, and 
     watershed restoration and protection services referred to in 
     paragraph (1) include the conduct of--
       (A) activities to treat insect infected trees;
       (B) activities to reduce hazardous fuels; and
       (C) any other activities to restore or improve forest, 
     rangeland, and watershed health, including fish and wildlife 
     habitat.
       (3) State as agent.--Except as provided in paragraph (6), a 
     cooperative agreement or contract entered into under 
     paragraph (1) may authorize the State forester to serve as 
     the agent for the Secretary in providing the restoration and 
     protection services authorized under paragraph (1).
       (4) Subcontracts.--In accordance with applicable contract 
     procedures for the eligible State, a State forester may enter 
     into subcontracts to provide the restoration and protection 
     services authorized under a cooperative agreement or contract 
     entered into under paragraph (1).
       (5) Timber sales.--Subsections (d) and (g) of section 14 of 
     the National Forest Management Act of 1976 (16 U.S.C. 472a) 
     shall not apply to services performed under a cooperative 
     agreement or contract entered into under paragraph (1).
       (6) Retention of nepa responsibilities.--Any decision 
     required to be made under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any 
     restoration and protection services to be provided under this 
     section by a State forester on National Forest System land or 
     Bureau of Land Management land, as applicable, shall not be 
     delegated to a State forester or any other officer or 
     employee of the eligible State.
       (7) Applicable law.--The restoration and protection 
     services to be provided under this section shall be carried 
     out on a project-to-project basis under existing authorities 
     of the Forest Service or Bureau of Land Management, as 
     applicable.
       (c) Termination of Effectiveness.--
       (1) In general.--The authority of the Secretary to enter 
     into cooperative agreements and contracts under this section 
     terminates on September 30, 2012.
       (2) Contract date.--The termination date of a cooperative 
     agreement or contract entered into under this section shall 
     not extend beyond September 30, 2013.
                                 ______
                                 
  SA 3759. Ms. SNOWE (for herself, Mr. Schumer, Mrs. Clinton, 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 1362, between lines 19 and 20, insert the 
     following:

      Subtitle C--Northern Border Economic Development Commission

     SEC. 11081. DEFINITIONS.

       In this subtitle:
       (1) Commission.--The term ``Commission'' means the Northern 
     Border Economic Development Commission established by section 
     11082.
       (2) Federal grant program.--The term ``Federal grant 
     program'' means a Federal grant program to provide assistance 
     in carrying out economic and community development activities 
     and conservation activities that are consistent with economic 
     development.
       (3) Non-profit entity.--The term ``non-profit entity'' 
     means any entity with tax-exempt or non-profit status, as 
     defined by the Internal Revenue Service.
       (4) Region.--The term ``region'' means the area covered by 
     the Commission (as described in section 11094).

     SEC. 11082. NORTHERN BORDER ECONOMIC DEVELOPMENT COMMISSION.

       (a) Establishment.--
       (1) In general.--There is established the Northern Border 
     Economic Development Commission.
       (2) Composition.--The Commission shall be composed of--
       (A) a Federal member, to be appointed by the President, 
     with the advice and consent of the Senate; and
       (B) the Governor of each State in the region that elects to 
     participate in the Commission.
       (3) Cochairpersons.--The Commission shall be headed by--
       (A) the Federal member, who shall serve--
       (i) as the Federal cochairperson; and
       (ii) as a liaison between the Federal Government and the 
     Commission; and
       (B) a State cochairperson, who--
       (i) shall be a Governor of a participating State in the 
     region; and
       (ii) shall be elected by the State members for a term of 
     not less than 1 year.
       (b) Alternate Members.--
       (1) State alternates.--
       (A) Appointment.--The State member of a participating State 
     may have a single alternate, who shall be appointed by the 
     Governor of the State from among the Governor's cabinet or 
     personal staff.
       (B) Voting.--An alternate shall vote in the event of the 
     absence, death, disability, removal, or resignation of the 
     member for whom the individual is an alternate.
       (2) Alternate federal cochairperson.--The President shall 
     appoint an alternate Federal cochairperson.
       (3) Quorum.--
       (A) In general.--Subject to the requirements of this 
     paragraph, the Commission shall determine what constitutes a 
     quorum of the Commission.
       (B) Federal cochairperson.--The Federal cochairperson or 
     the Federal cochairperson's designee must be present for the 
     establishment of a quorum of the Commission.
       (C) State alternates.--A State alternate shall not be 
     counted toward the establishment of a quorum of the 
     Commission.
       (4) Delegation of power.--No power or responsibility of the 
     Commission specified in paragraphs (3) and (4) of subsection 
     (c), and no voting right of any Commission member, shall be 
     delegated to any person--
       (A) who is not a Commission member; or
       (B) who is not entitled to vote in Commission meetings.
       (c) Decisions.--
       (1) Requirements for approval.--Except as provided in 
     subsection (g), decisions by the Commission shall require the 
     affirmative vote of the Federal cochairperson and of a 
     majority of the State members, exclusive of members 
     representing States delinquent under subsection (g)(2)(C).
       (2) Consultation.--In matters coming before the Commission, 
     the Federal cochairperson, to the extent practicable, shall 
     consult with the Federal departments and agencies having an 
     interest in the subject matter.
       (3) Decisions requiring quorum of state members.--The 
     following decisions may not be made without a quorum of State 
     members:
       (A) A decision involving Commission policy.
       (B) Approval of State, regional, or subregional development 
     plans or strategy statements.
       (C) Modification or revision of the Commission's code.
       (D) Allocation of amounts among the States.
       (4) Project and grant proposals.--The approval of project 
     and grant proposals is a responsibility of the Commission and 
     shall be carried out in accordance with section 11088.
       (d) Duties.--The Commission shall--
       (1) develop, on a continuing basis, comprehensive and 
     coordinated plans and programs to establish priorities and 
     approve grants for the economic development of the region, 
     giving due consideration to other Federal, State, and local 
     planning and development activities in the region;
       (2) not later than 365 days after the date of enactment of 
     this Act, establish priorities in a development plan for the 
     region (including 5-year regional outcome targets);
       (3) assess the needs and capital assets of the region based 
     on available research, demonstration projects, assessments, 
     and evaluations of the region prepared by Federal, State, or 
     local agencies, local development districts, and any other 
     relevant source;
       (4)(A) enhance the capacity of, and provide support for, 
     local development districts in the region; or
       (B) if no local development district exists in an area in a 
     participating State in the region, foster the creation of a 
     local development district;
       (5) actively solicit the participation of representatives 
     of local development districts, industry groups, and other 
     appropriate organizations as approved by the Commission, in 
     all public proceedings of the Commission conducted under 
     subsection (e)(1), either in-person or through interactive 
     telecommunications; and
       (6) encourage private investment in industrial, commercial, 
     and other economic development projects in the region.
       (e) Administration.--In carrying out subsection (d), the 
     Commission may--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and print 
     or otherwise reproduce and distribute a description of the 
     proceedings and reports on actions by the Commission as the 
     Commission considers appropriate;
       (2) authorize, through the Federal or State cochairperson 
     or any other member of the Commission designated by the 
     Commission,

[[Page S14552]]

     the administration of oaths if the Commission determines that 
     testimony should be taken or evidence received under oath;
       (3) request from any Federal, State, or local department or 
     agency such information as may be available to or procurable 
     by the department or agency that may be of use to the 
     Commission in carrying out duties of the Commission;
       (4) adopt, amend, and repeal bylaws and rules governing the 
     conduct of Commission business and the performance of 
     Commission duties;
       (5) request the head of any Federal department or agency to 
     detail to the Commission such personnel as the Commission 
     requires to carry out duties of the Commission, each such 
     detail to be without loss of seniority, pay, or other 
     employee status;
       (6) request the head of any State department or agency or 
     local government to detail to the Commission such personnel 
     as the Commission requires to carry out duties of the 
     Commission, each such detail to be without loss of seniority, 
     pay, or other employee status;
       (7) provide for coverage of Commission employees in a 
     suitable retirement and employee benefit system by--
       (A) making arrangements or entering into contracts with any 
     participating State government; or
       (B) otherwise providing retirement and other employee 
     benefit coverage;
       (8) accept, use, and dispose of gifts or donations of 
     services or real, personal, tangible, or intangible property;
       (9) enter into and perform such contracts or other 
     transactions as are necessary to carry out Commission duties;
       (10) establish and maintain a central office located within 
     the Northern Border Economic Development Commission region 
     and field offices at such locations as the Commission may 
     select; and
       (11) provide for an appropriate level of representation in 
     Washington, DC.
       (f) Federal Agency Cooperation.--A Federal agency shall--
       (1) cooperate with the Commission; and
       (2) provide, on request of the Federal cochairperson, 
     appropriate assistance in carrying out this subtitle, in 
     accordance with applicable Federal laws (including 
     regulations).
       (g) Administrative Expenses.--
       (1) In general.--Administrative expenses of the Commission 
     (except for the expenses of the Federal cochairperson, 
     including expenses of the alternate and staff of the Federal 
     cochairperson, which shall be paid solely by the Federal 
     Government) shall be paid--
       (A) by the Federal Government, in an amount equal to 50 
     percent of the administrative expenses; and
       (B) by the States in the region participating in the 
     Commission, in an amount equal to 50 percent of the 
     administrative expenses.
       (2) State share.--
       (A) In general.--The share of administrative expenses of 
     the Commission to be paid by each State shall be determined 
     by the Commission.
       (B) No federal participation.--The Federal cochairperson 
     shall not participate or vote in any decision under 
     subparagraph (A).
       (C) Delinquent states.--If a State is delinquent in payment 
     of the State's share of administrative expenses of the 
     Commission under this subsection--
       (i) no assistance under this subtitle shall be furnished to 
     the State (including assistance to a political subdivision or 
     a resident of the State); and
       (ii) no member of the Commission from the State shall 
     participate or vote in any action by the Commission.
       (h) Compensation.--
       (1) Federal cochairperson.--The Federal cochairperson shall 
     be compensated by the Federal Government at level III of the 
     Executive Schedule in subchapter II of chapter 53 of title V, 
     United States Code.
       (2) Alternate federal cochairperson.--The alternate Federal 
     cochairperson--
       (A) shall be compensated by the Federal Government at level 
     V of the Executive Schedule described in paragraph (1); and
       (B) when not actively serving as an alternate for the 
     Federal cochairperson, shall perform such functions and 
     duties as are delegated by the Federal cochairperson.
       (3) State members and alternates.--
       (A) In general.--A State shall compensate each member and 
     alternate representing the State on the Commission at the 
     rate established by law of the State.
       (B) No additional compensation.--No State member or 
     alternate member shall receive any salary, or any 
     contribution to or supplementation of salary from any source 
     other than the State for services provided by the member or 
     alternate to the Commission.
       (4) Detailed employees.--
       (A) In general.--No person detailed to serve the Commission 
     under subsection (e)(6) shall receive any salary or any 
     contribution to or supplementation of salary for services 
     provided to the Commission from--
       (i) any source other than the State, local, or 
     intergovernmental department or agency from which the person 
     was detailed; or
       (ii) the Commission.
       (B) Violation.--Any person that violates this paragraph 
     shall be fined not more than $5,000, imprisoned not more than 
     1 year, or both.
       (C) Applicable law.--The Federal cochairperson, the 
     alternate Federal cochairperson, and any Federal officer or 
     employee detailed to duty on the Commission under subsection 
     (e)(5) shall not be subject to subparagraph (A), but shall 
     remain subject to sections 202 through 209 of title 18, 
     United States Code.
       (5) Additional personnel.--
       (A) Compensation.--
       (i) In general.--The Commission may appoint and fix the 
     compensation of an executive director and such other 
     personnel as are necessary to enable the Commission to carry 
     out the duties of the Commission.
       (ii) Exception.--Compensation under clause (i) shall not 
     exceed the maximum rate for the Senior Executive Service 
     under section 5382 of title 5, United States Code, including 
     any applicable locality-based comparability payment that may 
     be authorized under section 5304(h)(2)(C) of that title.
       (B) Executive director.--The executive director shall be 
     responsible for--
       (i) the carrying out of the administrative duties of the 
     Commission;
       (ii) direction of the Commission staff; and
       (iii) such other duties as the Commission may assign.
       (C) No federal employee status.--No member, alternate, 
     officer, or employee of the Commission (except the Federal 
     cochairperson of the Commission, the alternate and staff for 
     the Federal cochairperson, and any Federal employee detailed 
     to the Commission under subsection (e)(5)) shall be 
     considered to be a Federal employee for any purpose.
       (i) Conflicts of Interest.--
       (1) In general.--Except as provided under paragraph (2), no 
     State member, alternate, officer, or employee of the 
     Commission shall participate personally and substantially as 
     a member, alternate, officer, or employee of the Commission, 
     through decision, approval, disapproval, recommendation, the 
     rendering of advice, investigation, or otherwise, in any 
     proceeding, application, request for a ruling or other 
     determination, contract, claim, controversy, or other matter 
     in which, to knowledge of the member, alternate, officer, or 
     employee any of the following persons has a financial 
     interest:
       (A) The member, alternate, officer, or employee.
       (B) The spouse, minor child, partner, or organization 
     (other than a State or political subdivision of the State) of 
     the member, alternate, officer, or employee, in which the 
     member, alternate, officer, or employee is serving as 
     officer, director, trustee, partner, or employee.
       (C) Any person or organization with whom the member, 
     alternate, officer, or employee is negotiating or has any 
     arrangement concerning prospective employment.
       (2) Disclosure.--Paragraph (1) shall not apply if the State 
     member, alternate, officer, or employee--
       (A) immediately advises the Commission of the nature and 
     circumstances of the proceeding, application, request for a 
     ruling or other determination, contract, claim, controversy, 
     or other particular matter presenting a potential conflict of 
     interest;
       (B) makes full disclosure of the financial interest; and
       (C) before the proceeding concerning the matter presenting 
     the conflict of interest, receives a written determination by 
     the Commission that the interest is not so substantial as to 
     be likely to affect the integrity of the services that the 
     Commission may expect from the State member, alternate, 
     officer, or employee.
       (3) Violation.--Any person that violates this subsection 
     shall be fined not more than $10,000, imprisoned not more 
     than 2 years, or both.
       (j) Validity of Contracts, Loans, and Grants.--The 
     Commission may declare void any contract, loan, or grant of 
     or by the Commission in relation to which the Commission 
     determines that there has been a violation of any provision 
     under subsection (h)(4), subsection (i), or sections 202 
     through 209 of title 18, United States Code.

     SEC. 11083. ECONOMIC AND COMMUNITY DEVELOPMENT GRANTS.

       (a) In General.--The Commission may approve grants to 
     States, local development districts (as defined in section 
     11085(a)), and public and nonprofit entities for projects, 
     approved in accordance with section 11088--
       (1) to develop the infrastructure of the region for the 
     purpose of facilitating economic development in the region 
     (except that grants for this purpose may only be made to a 
     State or local government);
       (2) to assist the region in obtaining job training, 
     employment-related education, business development, and small 
     business development and entrepreneurship;
       (3) to assist the region in community and economic 
     development;
       (4) to support the development of severely distressed and 
     underdeveloped areas;
       (5) to promote resource conservation, forest management, 
     tourism, recreation, and preservation of open space in a 
     manner consistent with economic development goals;
       (6) to promote the development of renewable and alternative 
     energy sources; and
       (7) to achieve the purposes of this subtitle.
       (b) Funding.--
       (1) In general.--Funds for grants under subsection (a) may 
     be provided--
       (A) entirely from appropriations to carry out this section;
       (B) in combination with funds available under another State 
     or Federal grant program; or
       (C) from any other source.

[[Page S14553]]

       (2) Eligible projects.--The Commission may provide 
     assistance, make grants, enter into contracts, and otherwise 
     provide funds to eligible entities in the region for projects 
     that promote--
       (A) business development;
       (B) job training or employment-related education;
       (C) small businesses and entrepreneurship, including--
       (i) training and education to aspiring entrepreneurs, small 
     businesses, and students;
       (ii) access to capital and facilitating the establishment 
     of small business venture capital funds;
       (iii) existing entrepreneur and small business development 
     programs and projects; and
       (iv) projects promoting small business innovation and 
     research;
       (D) local planning and leadership development;
       (E) basic public infrastructure, including high-tech 
     infrastructure and productive natural resource conservation;
       (F) information and technical assistance for the 
     modernization and diversification of the forest products 
     industry to support value-added forest products enterprises;
       (G) forest-related cultural, nature-based, and heritage 
     tourism;
       (H) energy conservation and efficiency in the region to 
     enhance its economic competitiveness;
       (I) the use of renewable energy sources in the region to 
     produce alternative transportation fuels, electricity and 
     heat; and
       (J) any other activity facilitating economic development in 
     the region.
       (3) Federal share.--Notwithstanding any provision of law 
     limiting the Federal share in any grant program, funds 
     appropriated or otherwise made available to carry out this 
     section may be used to increase a Federal share in a grant 
     program, as the Commission determines appropriate.

     SEC. 11084. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.

       (a) Federal Grant Program Funding.--In accordance with 
     subsection (b), the Federal cochairperson may use amounts 
     made available to carry out this subtitle, without regard to 
     any limitations on areas eligible for assistance or 
     authorizations for appropriation under any other Act, to fund 
     all or any portion of the basic Federal contribution to a 
     project or activity under a Federal grant program in the 
     region in an amount that is above the fixed maximum portion 
     of the cost of the project otherwise authorized by applicable 
     law, but not to exceed 80 percent of the costs of the 
     project.
       (b) Certification.--
       (1) In general.--In the case of any program or project for 
     which all or any portion of the basic Federal contribution to 
     the project under a Federal grant program is proposed to be 
     made under this section, no Federal contribution shall be 
     made until the Federal official administering the Federal law 
     authorizing the contribution certifies that the program or 
     project--
       (A) meets the applicable requirements of the applicable 
     Federal grant law; and
       (B) could be approved for Federal contribution under the 
     law if funds were available under the law for the program or 
     project.
       (2) Certification by commission.--
       (A) In general.--The certifications and determinations 
     required to be made by the Commission for approval of 
     projects under this subtitle in accordance with section 
     11088--
       (i) shall be controlling; and
       (ii) shall be accepted by the Federal agencies.
       (B) Acceptance by federal cochairperson.--Any finding, 
     report, certification, or documentation required to be 
     submitted to the head of the department, agency, or 
     instrumentality of the Federal Government responsible for the 
     administration of any Federal grant program shall be accepted 
     by the Federal cochairperson with respect to a supplemental 
     grant for any project under the program.

     SEC. 11085. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION AND 
                   ADMINISTRATIVE EXPENSES.

       (a) Definition of Local Development District.--In this 
     section, the term ``local development district'' means an 
     entity designated by the State that--
       (1) is--
       (A)(i) a planning district in existence on the date of 
     enactment of this Act that is recognized by the Economic 
     Development Administration of the Department of Commerce; or
       (ii) a development district recognized by the State; or
       (B) if an entity described in subparagraph (A)(i) or 
     (A)(ii) does not exist, an entity designated by the 
     Commission that satisfies the criteria developed by the 
     Economic Development Administration for a local development 
     district; and
       (2) has not, as certified by the Federal cochairperson--
       (A) inappropriately used Federal grant funds from any 
     Federal source; or
       (B) appointed an officer who, during the period in which 
     another entity inappropriately used Federal grant funds from 
     any Federal source, was an officer of the other entity.
       (b) Grants to Local Development Districts.--
       (1) In general.--The Commission may make grants for 
     administrative expenses under this section.
       (2) Conditions for grants.--
       (A) Maximum amount.--The amount of any grant awarded under 
     paragraph (1) shall not exceed 80 percent of the 
     administrative expenses of the local development district 
     receiving the grant.
       (B) Local share.--The contributions of a local development 
     district for administrative expenses may be in cash or in 
     kind, fairly evaluated, including space, equipment, and 
     services.
       (c) Duties of Local Development Districts.--A local 
     development district shall--
       (1) operate as a lead organization serving multicounty 
     areas in the region at the local level; and
       (2) serve as a liaison between State and local governments, 
     nonprofit organizations (including community-based groups and 
     educational institutions), the business community, and 
     citizens that--
       (A) are involved in multijurisdictional planning;
       (B) provide technical assistance to local jurisdictions and 
     potential grantees; and
       (C) provide leadership and civic development assistance.

     SEC. 11086. DEVELOPMENT PLANNING PROCESS.

       (a) State Development Plan.--In accordance with policies 
     established by the Commission, each State member shall submit 
     a development plan for the area of the region represented by 
     the State member.
       (b) Content of Plan.--A State development plan submitted 
     under subsection (a) shall reflect the goals, objectives, and 
     priorities identified in the regional development plan 
     developed under section 11082(d)(2).
       (c) Consultation.--In carrying out the development planning 
     process, a State shall--
       (1) consult with--
       (A) local development districts;
       (B) local units of government;
       (C) institutions of higher learning; and
       (D) stakeholders; and
       (2) take into consideration the goals, objectives, 
     priorities, and recommendations of the entities described in 
     paragraph (1).
       (d) Public Participation.--The Commission and applicable 
     State and local development districts shall encourage and 
     assist, to the maximum extent practicable, public 
     participation in the development, revision, and 
     implementation of all plans and programs under this subtitle.

     SEC. 11087. PROGRAM DEVELOPMENT CRITERIA.

       (a) In General.--In considering programs and projects to be 
     provided assistance under this subtitle, and in establishing 
     a priority ranking of the requests for assistance provided by 
     the Commission, the Commission shall follow procedures that 
     ensure, to the maximum extent practicable, consideration of--
       (1) the relationship of the project to overall regional 
     development;
       (2) the economic distress of an area, including the per 
     capita income, outmigration, poverty and unemployment rates, 
     and other socioeconomic indicators for the area;
       (3) the financial resources available to the applicants for 
     assistance seeking to carry out the project, with emphasis on 
     ensuring that projects are adequately financed to maximize 
     the probability of successful economic development;
       (4) the importance of the project in relation to other 
     projects that may be in competition for the same funds;
       (5) the prospects that the project for which assistance is 
     sought will improve, on a continuing rather than a temporary 
     basis, the opportunities for employment, the average level of 
     income, or the economic development of the area served by the 
     project;
       (6) the extent to which the project design provides for 
     detailed outcome measurements by which grant expenditures and 
     the results of the expenditures may be evaluated; and
       (7) the preservation of multiple uses, including 
     conservation, of natural resources.
       (b) No Relocation Assistance.--No financial assistance 
     authorized by this subtitle shall be used to assist an 
     establishment in relocating from 1 area to another.
       (c) Reduction of Funds.--Funds may be provided for a 
     program or project in a State under this subtitle only if the 
     Commission determines that the level of Federal or State 
     financial assistance provided under a law other than this 
     subtitle, for the same type of program or project in the same 
     area of the State within the region, will not be reduced as a 
     result of funds made available by this subtitle.

     SEC. 11088. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS.

       (a) In General.--A State or regional development plan or 
     any multistate subregional plan that is proposed for 
     development under this subtitle shall be reviewed by the 
     Commission.
       (b) Evaluation by State Member.--An application for a grant 
     or any other assistance for a project under this subtitle 
     shall be made through and evaluated for approval by the State 
     member of the Commission representing the applicant.
       (c) Certification.--An application for a grant or other 
     assistance for a project shall be approved only on 
     certification by the State member and Federal cochairperson 
     that the application for the project--
       (1) describes ways in which the project complies with any 
     applicable State development plan;
       (2) meets applicable criteria under section 11087;
       (3) provides adequate assurance that the proposed project 
     will be properly administered, operated, and maintained; and
       (4) otherwise meets the requirements of this subtitle.

[[Page S14554]]

       (d) Votes for Decisions.--Upon certification of an 
     application for a grant or other assistance for a specific 
     project under this section, an affirmative vote of the 
     Commission under section 11082(c) shall be required for 
     approval of the application.

     SEC. 11089. CONSENT OF STATES.

       Nothing in this subtitle requires any State to engage in or 
     accept any program under this subtitle without the consent of 
     the State.

     SEC. 11090. RECORDS.

       (a) Records of the Commission.--
       (1) In general.--The Commission shall maintain accurate and 
     complete records of all transactions and activities of the 
     Commission.
       (2) Availability.--All records required under paragraph (1) 
     shall be available for audit by the Comptroller General of 
     the United States and the Commission (including authorized 
     representatives of the Comptroller General and the 
     Commission).
       (b) Records of Recipients of Federal Assistance.--
       (1) In general.--A recipient of Federal funds under this 
     subtitle shall, as required by the Commission, maintain 
     accurate and complete records of transactions and activities 
     financed with Federal funds and report on the transactions 
     and activities to the Commission.
       (2) Availability.--All records required under paragraph (1) 
     shall be available for audit by the Comptroller General of 
     the United States and the Commission (including authorized 
     representatives of the Comptroller General and the 
     Commission).

     SEC. 11091. ANNUAL REPORT.

       Not later than 180 days after the end of each fiscal year, 
     the Commission shall submit to the President and to Congress 
     a report describing the activities carried out under this 
     subtitle.

     SEC. 11092. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     the Commission to carry out this subtitle $40,000,000 for 
     each of fiscal years 2008 through 2012, to remain available 
     until expended.
       (b) Administrative Expenses.--Not more than 5 percent of 
     the amount appropriated under subsection (a) for a fiscal 
     year shall be used for administrative expenses of the 
     Commission.

     SEC. 11093. TERMINATION OF COMMISSION.

       This subtitle shall have no force or effect on or after 
     October 1, 2012.

     SEC. 11094. REGION OF NORTHERN BORDER ECONOMIC DEVELOPMENT 
                   COMMISSION.

       (a) Goal.--It shall be the goal of the Commission to 
     address economic distress along the northern border of the 
     United States east of, and including, Cayuga County, New 
     York, especially in rural areas.
       (b) Counties Included in Northern Border Region.--
     Consistent with the goal described in subsection (a), the 
     region of Commission shall include the following counties:
       (1) In Maine, the counties of Aroostook, Franklin, Oxford, 
     Somerset, and Washington.
       (2) In New Hampshire, the county of Coos.
       (3) In New York, the counties of Cayuga, Clinton, Franklin, 
     Jefferson, Oswego, and St. Lawrence.
       (4) In Vermont, the counties of Essex, Franklin, Grand 
     Isle, and Orleans.
       (c) Contiguous Counties.--
       (1) In general.--Subject to paragraph (2), in addition to 
     the counties listed in subsection (b), the region of 
     Commission shall include the following counties:
       (A) In Maine, the counties of Androscoggin, Kennebec, 
     Penobscot, Piscataquis, and Waldo.
       (B) In New York, the counties of Essex, Hamilton, Herkimer, 
     Lewis, Oneida, and Seneca.
       (C) In Vermont, the county of Caledonia.
       (2) Recommendations to congress.--As part of an annual 
     report submitted under section 11091, the Commission may 
     recommend to Congress removal of a county listed in paragraph 
     (1) from the region on the basis that the county no longer 
     exhibits 2 or more of the following economic distress 
     factors: population loss, poverty, income levels, and 
     unemployment.
       (d) Examination of Additional Counties and Areas for 
     Inclusion in the Region.--
       (1) In general.--Not later than one year after the date of 
     enactment of this Act, the Commission--
       (A) shall examine all counties that border the region of 
     the Commission specified in subsection (a), including the 
     political subdivisions and census tracts within such 
     counties; and
       (B) may add a county or any portion of a county examined 
     under subparagraph (A)to the region, if the Commission 
     determines that the county or portion--
       (i) is predominantly rural in nature; and
       (ii) exhibits significant economic distress in terms of 
     population loss, poverty, income levels, unemployment, or 
     other economic indicator that the Commission considers 
     appropriate.
       (2) Priority.--In carrying out paragraph (1)(A), the 
     Commission shall first examine the following counties:
       (A) In Maine, the counties of Hancock and Knox.
       (B) In New Hampshire, the counties of Grafton, Carroll, and 
     Sullivan.
       (C) In New York, the counties of Fulton, Madison, Warren, 
     Saratoga, and Washington.
       (D) In Vermont, the county of Lamoille.
       (e) Addition of Counties and Other Areas.--
       (1) Recommendations.--Following the one-year period 
     beginning on the date of enactment of this Act, as part of an 
     annual report submitted under section 11091, the Commission 
     may recommend to Congress additional counties or portions of 
     counties for inclusion in the region.
       (2) Areas of economic distress.--The Commission may 
     recommend that an entire county be included in the region on 
     the basis of one or more distressed areas within the county.
       (3) Assessments of economic conditions.--The Commission may 
     provide technical and financial assistance to a county that 
     is not included in the region for the purpose of conducting 
     an economic assessment of the county. The results of such an 
     assessment may be used by the Commission in making 
     recommendations under paragraph (1).
       (f) Limitation.--A county eligible for assistance from the 
     Appalachian Regional Commission under subtitle IV of title 
     40, United States Code, shall not be eligible for assistance 
     from the Northern Border Economic Development Commission.

     SEC. 11095. REDUCTION IN FUNDS.

       (a) In General.--Except as provided in subsection (b) and 
     notwithstanding any other provision of this Act or an 
     amendment made by this Act, for the period beginning on 
     October 1, 2007, and ending on September 30, 2011--
       (1) each amount provided to carry out a program under title 
     I or an amendment made by title I is reduced by an amount 
     necessary to achieve a total reduction of $200,000,000; and
       (2) the Secretary shall adjust the amount of each payment, 
     loan, gain, or other assistance provided under each program 
     described in paragraph (1) by such amount as is necessary to 
     achieve the reduction required under that paragraph, as 
     determined by the Secretary.
       (b) Application.--This section does not apply to a payment, 
     loan, gain, or other assistance provided under a contract 
     entered into by the Secretary before the date of enactment of 
     this Act.
                                 ______
                                 
  SA 3760. Mr. HARKIN 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 1495, strike line 10 and all that follows 
     through page 1500, line 7, and insert the following:

  PART IV--ENERGY PROGRAM FUNDING AND INCENTIVES FOR ALTERNATIVE FUELS

     SEC. 12331. INCREASED FUNDING FOR CERTAIN ENERGY PROGRAMS.

       In addition to the amounts made available under title IX of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     8101 et seq.) (as amended by section 9001), of the funds of 
     the Commodity Credit Corporation, the Secretary shall use to 
     carry out--
       (1) the biorefinery and repowering assistance program 
     established under section 9005 of that Act , an additional 
     $100,000,000 for fiscal year 2008;
       (2) the Rural Energy for America Program established under 
     section 9007 of that Act, an additional $120,000,000 for 
     fiscal year 2008; and
       (3) the biomass research and development program 
     established under section 9008 of that Act, an additional 
     $20,000,000 for each of fiscal years 2008 through 2012.

     SEC. 12332. EXTENSION AND MODIFICATION OF CREDIT FOR COAL-TO-
                   LIQUID FUELS.

       (a) Extension.--
       (1) Alternative fuel credit.--Paragraph (4) of section 
     6426(d) (relating to alternative fuel credit) is amended to 
     read as follows:
       ``(4) Termination.--This subsection shall not apply to any 
     sale or use for any period after--
       ``(A) September 30, 2014, in the case of any sale or use 
     involving liquified hydrogen,
       ``(B) December 31, 2010, in the case of any sale or use 
     involving a liquid fuel derived from coal (including peat) 
     through the Fischer-Tropsch process, and
       ``(C) September 30, 2009, in the case of any other sale or 
     use.''.
       (2) Alternative fuel mixture credit.--Paragraph (3) of 
     section 6426(e) (relating to alternative fuel mixture credit) 
     is amended to read as follows:
       ``(3) Termination.--This subsection shall not apply to any 
     sale or use for any period after--
       ``(A) September 30, 2014, in the case of any sale or use 
     involving liquified hydrogen,
       ``(B) December 31, 2010, in the case of any sale or use 
     involving a liquid fuel derived from coal (including peat) 
     through the Fischer-Tropsch process, and
       ``(C) September 30, 2009, in the case of any other sale or 
     use.''.
       (3) Payments.--Paragraph (5) of section 6427(e) (relating 
     to termination) is amended--
       (A) in subparagraph (C)--
       (i) by striking ``subparagraph (D)'' and inserting 
     ``subparagraphs (D) and (E)'', and
       (ii) by striking ``and'' at the end,
       (B) by redesignating subparagraph (D) as subparagraph (E), 
     and

[[Page S14555]]

       (C) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) any alternative fuel or alternative fuel mixture (as 
     so defined) involving a liquid fuel derived from coal 
     (including peat) through the Fischer-Tropsch process sold or 
     used after December 31, 2010, and''.
       (b) Credit Allowed for Aviation Use of Fuel.--Paragraph (1) 
     of section 6426(d) is amended by inserting ``sold by the 
     taxpayer for use as a fuel in aviation,'' after 
     ``motorboat,''.
       (c) Carbon Capture Requirement for Certain Fuels.--
       (1) In general.--Subsection (d) of section 6426, as amended 
     by subsection (a), is amended by redesignating paragraph (4) 
     as paragraph (5) and by inserting after paragraph (3) the 
     following new paragraph:
       ``(4) Carbon capture requirement.--
       ``(A) In general.--The requirements of this paragraph are 
     met if the fuel is certified, under such procedures as 
     required by the Secretary, as having been derived from coal 
     produced at a gasification facility which separates and 
     sequesters not less than the applicable percentage of such 
     facility's total carbon dioxide emissions.
       ``(B) Applicable percentage.--For purposes of subparagraph 
     (A), the applicable percentage is--
       ``(i) 50 percent in the case of fuel produced after the 
     date of the enactment of this paragraph and on or before the 
     earlier of--

       ``(I) the date the Secretary makes a determination under 
     subparagraph (C), or
       ``(II) December 30, 2010, and

       ``(ii) 75 percent in the case of fuel produced after the 
     date on which the applicable percentage under clause (i) 
     ceases to apply.
       ``(C) Determination to increase applicable percentage 
     before december 31, 2010.--If the Secretary, after 
     considering the recommendations of the Carbon Sequestration 
     Capability Panel, finds that the applicable percentage under 
     subparagraph (B) should be 75 percent for fuel produced 
     before December 31, 2010, the Secretary shall make a 
     determination under this subparagraph. Any determination made 
     under this subparagraph shall be made not later than 30 days 
     after the Secretary receives from the Carbon Sequestration 
     Panel the report required under section 331(c)(3)(D) of the 
     Heartland, Habitat, Harvest, and Horticulture Act of 2007.''.
       (2) Conforming amendment.--Subparagraph (E) of section 
     6426(d)(2) is amended by inserting ``which meets the 
     requirements of paragraph (4) and which is'' after ``any 
     liquid fuel''.
       (3) Carbon sequestration capability panel.--
       (A) Establishment of panel.--There is established a panel 
     to be known as the ``Carbon Sequestration Capability Panel'' 
     (hereafter in this paragraph referred to as the ``Panel'').
       (B) Membership.--The Panel shall be composed of--
       (i) 1 representative from the National Academy of Sciences,
       (ii) 1 representative from the University of Kentucky 
     Center for Applied Energy Research, and
       (iii) 1 individual appointed jointly by the representatives 
     under clauses (i) and (ii).
       (C) Study.--The Panel shall study the appropriate 
     percentage of carbon dioxide for separation and sequestration 
     under section 6426(d)(4) of the Internal Revenue Code of 1986 
     consistent with the purposes of such section. The panel shall 
     consider whether it is feasible to separate and sequester 75 
     percent of the carbon dioxide emissions of a facility, 
     including costs and other factors associated with separating 
     and sequestering such percentage of carbon dioxide emissions.
       (D) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Panel shall report to the 
     Secretary of Treasury, the Committee on Finance of the 
     Senate, and the Committee on Ways and Means of the House of 
     Representatives on the study under subparagraph (C).
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after the date of the 
     enactment of this Act.

     SEC. 12333. EXTENSION OF ALTERNATIVE FUEL VEHICLE REFUELING 
                   PROPERTY CREDIT.

                                 ______
                                 
  SA 3761. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

       ``(B) Exclusions.--Except for a shallow water area 
     described in paragraph (2)(A)(i), an owner or operator may 
     not enroll in the conservation reserve under this 
     subsection--
       ``(i) any wetland, or land on a floodplain, that is, or is 
     adjacent to, a perennial riverine system wetland identified 
     on the final national wetland inventory map of the Secretary 
     of the Interior; or
       ``(ii) in the case of an area that is not covered by the 
     final national inventory map, any wetland, or land on a 
     floodplain, that is adjacent to a perennial stream identified 
     on a 1-24,000 scale map of the United States Geological 
     Survey.
       ``(C) Program limitations.--
       ``(i) In general.--The Secretary may enroll in the 
     conservation reserve under this subsection not more than--

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

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

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

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

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

       ``(D) Owner or operator limitations.--
       ``(i) Wetland.--

       ``(I) In general.--Except for a shallow water area 
     described in paragraph (2)(A)(i), the maximum size of any 
     wetland described in subparagraph (A)(i) of an owner or 
     operator enrolled in the conservation reserve under this 
     subsection shall be 40 contiguous acres.
       ``(II) Coverage.--All acres described in subclause (I) 
     (including acres that are ineligible for payment) shall be 
     covered by the conservation contract.

       ``(ii) Buffer acreage.--The maximum size of any buffer 
     acreage described in subparagraph (A)(ii) of an owner or 
     operator enrolled in the conservation reserve under this 
     subsection shall be determined by the Secretary in 
     consultation with the State Technical Committee.
       ``(iii) Tracts.--Except for a shallow water area described 
     in paragraph (2)(A)(i) and buffer acreage, the maximum size 
     of any eligible acreage described in subparagraph (A) in a 
     tract (as determined by the Secretary) of an owner or 
     operator enrolled in the conservation reserve under this 
     subsection shall be 40 acres.
       ``(3) Duties of owners and operators.--Under a contract 
     entered into under this subsection, during the term of the 
     contract, an owner or operator of a farm or ranch shall 
     agree--
       ``(A) to restore the hydrology of the wetland within the 
     eligible acreage to the maximum extent practicable, as 
     determined by the Secretary;
       ``(B) to establish vegetative cover (which may include 
     emerging vegetation in water

[[Page S14556]]

     and bottomland hardwoods, cypress, and other appropriate tree 
     species in shallow water areas) on the eligible acreage, as 
     determined by the Secretary;
       ``(C) to a general prohibition of commercial use of the 
     enrolled land; and
       ``(D) to carry out other duties described in section 1232.
       ``(4) Duties of the secretary.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), in return for a contract entered into by an owner or 
     operator under this subsection, the Secretary shall make 
     payments based on rental rates for cropland and provide 
     assistance to the owner or operator in accordance with 
     sections 1233 and 1234.
       ``(B) Continuous signup.--The Secretary shall use 
     continuous signup under section 1234(c)(2)(B) to determine 
     the acceptability of contract offers and the amount of rental 
     payments under this subsection.
       ``(C) Incentives.--The amounts payable to owners and 
     operators in the form of rental payments under contracts 
     entered into under this subsection shall reflect incentives 
     that are provided to owners and operators to enroll 
     filterstrips in the conservation reserve under section 
     1234.''.
                                 ______
                                 
  SA 3762. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

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

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

       ``(a) Definition of Emergency Medical Service.--In this 
     section:
       ``(1) In general.--The term `emergency medical service' 
     means any resource used by a qualified public or private 
     entity, or by any other entity recognized as qualified by the 
     State involved, to deliver medical care outside of a medical 
     facility under emergency conditions that occur as a result 
     of--
       ``(A) the condition of the patient; or
       ``(B) a natural disaster or similar situation.
       ``(2) Inclusions.--The term `emergency medical service' 
     includes (compensated or volunteer) services delivered by an 
     emergency medical service provider or other provider 
     recognized by the State involved that is licensed or 
     certified by the State as an emergency medical technician or 
     the equivalent (as determined by the State), a registered 
     nurse, a physician assistant, or a physician that provides 
     services similar to services provided by such an emergency 
     medical service provider.
       ``(b) Grants.--The Secretary shall award grants to eligible 
     entities--
       ``(1) to enable the entities to provide for improved 
     emergency medical services in rural areas; and
       ``(2) to pay the cost of training firefighters and 
     emergency medical personnel in firefighting, emergency 
     medical practices, and responding to hazardous materials and 
     bioagents in rural areas.
       ``(c) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       ``(1) be--
       ``(A) a State emergency medical services office;
       ``(B) a State emergency medical services association;
       ``(C) a State office of rural health;
       ``(D) a local government entity;
       ``(E) an Indian tribe (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b));
       ``(F) a State or local ambulance provider; or
       ``(G) any other entity determined to be appropriate by the 
     Secretary; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require, that includes--
       ``(A) a description of the activities to be carried out 
     under the grant; and
       ``(B) an assurance that the applicant will comply with the 
     matching requirement of subsection (f).
       ``(d) Use of Funds.--An entity shall use amounts received 
     under a grant made under subsection (b) only in rural areas--
       ``(1) to hire or recruit emergency medical service 
     personnel;
       ``(2) to recruit or retain volunteer emergency medical 
     service personnel;
       ``(3) to train emergency medical service personnel in 
     emergency response, injury prevention, safety awareness, and 
     other topics relevant to the delivery of emergency medical 
     services;
       ``(4) to fund training to meet Federal or State 
     certification requirements;
       ``(5) to provide training for firefighters and emergency 
     medical personnel for improvements to the training facility, 
     equipment, curricula, and personnel;
       ``(6) to develop new ways to educate emergency health care 
     providers through the use of technology-enhanced educational 
     methods (such as distance learning); and
       ``(7) to educate the public concerning cardiopulmonary 
     resuscitation, first aid, injury prevention, safety 
     awareness, illness prevention, and other related emergency 
     preparedness topics.
       ``(e) Preference.--In awarding grants under this section, 
     the Secretary shall give preference to--
       ``(1) applications that reflect a collaborative effort by 2 
     or more of the entities described in subparagraphs (A) 
     through (G) of subsection (c)(1); and
       ``(2) applications submitted by entities that intend to use 
     amounts provided under the grant to fund activities described 
     in any of paragraphs (1) through (5) of subsection (d).
       ``(f) Matching Requirement.--The Secretary may not make a 
     grant under this section to an entity unless the entity 
     agrees that the entity will make available (directly or 
     through contributions from other public or private entities) 
     non-Federal contributions toward the activities to be carried 
     out under the grant in an amount equal to 5 percent of the 
     amount received under the grant.
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to the Secretary to carry out this section not more than 
     $30,000,000 for each of fiscal years 2008 through 2012.
       ``(2) Administrative costs.--Not more than 10 percent of 
     the amount appropriated under paragraph (1) for a fiscal year 
     may be used for administrative expenses.''.
                                 ______
                                 
  SA 3763. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

              TITLE __--DOMESTIC PET TURTLE MARKET ACCESS

     SEC. __. SHORT TITLE.

       This title may be cited as the ``Domestic Pet Turtle 
     Equality Act''.

     SEC. __. FINDINGS.

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

     SEC. __. REVIEW, REPORT, AND ACTION ON THE SALE OF BABY 
                   TURTLES.

       (a) Pet Turtle.--In this section, the term ``pet turtle'' 
     means a turtle that is less than 10.2 centimeters in 
     diameter.
       (b) Prevalence of Salmonella.--Not later than 60 days after 
     the date of enactment of this title, the Secretary of Health 
     and Human Services, acting through the Commissioner of Food 
     and Drugs, shall determine the prevalence of salmonella in 
     each species of reptile and amphibian sold legally as a pet 
     in the United States in order to determine whether the 
     prevalence of salmonella in reptiles and amphibians sold 
     legally as pets in the United States on average is not more 
     than 10 percent less than the percentage of salmonella in pet 
     turtles.
       (c) Action if Prevalence Is Similar.--If the prevalence of 
     salmonella in reptiles and amphibians sold legally as pets in 
     the United States on average is more than 10 percent less 
     than the percentage of salmonella in pet turtles--
       (1) the Secretary of Agriculture shall--
       (A) conduct a study to determine how pet turtles can be 
     sold safely as pets in the United States and provide 
     recommendations to Congress not later than 150 days after the 
     date of such determination;
       (B) in conducting such study, consult with all relevant 
     stakeholders, such as the Centers for Disease Control and 
     Prevention, the turtle farming industry, academia, and the 
     American Academy of Pediatrics; and
       (C) examine the safety measures taken to protect 
     individuals from salmonella-related

[[Page S14557]]

     dangers involved with reptiles and amphibians sold legally in 
     the United States that contain a similar or greater presence 
     of salmonella than that of pet turtles; and
       (2) the Secretary of Agriculture--
       (A) may not prohibit the sale of pet turtles in the United 
     States; or
       (B) shall prohibit the sale in the United States of any 
     reptile or amphibian that contains a similar or greater 
     prevalence of salmonella than that of pet turtles.
                                 ______
                                 
  SA 3764. Ms. KLOBUCHAR (for herself, Mr. Durbin, and Mr. Brown) 
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 210, strike line 15 and all that follows 
     through page 214, line 9, and insert the following:
       (c) Modification of Limitation.--
       (1) In general.--Section 1001D of the Food Security Act of 
     1985 (7 U.S.C. 1308-3a) is amended by striking subsection (b) 
     and inserting the following:
       ``(b) Limitation.--
       ``(1) Commodity and conservation programs.--
       ``(A) Commodity programs.--Notwithstanding any other 
     provision of law, an individual or entity shall not be 
     eligible to receive any benefit described in paragraph (2)(A) 
     during a crop year if the average adjusted gross income of 
     the individual or entity, or the average adjusted gross 
     income of the individual and spouse of the individual, 
     exceeds--
       ``(i) $250,000, if less than 66.66 percent of the average 
     adjusted gross income of the individual or entity, or the 
     average adjusted gross income of the individual and spouse of 
     the individual, is derived from farming, ranching, or 
     forestry operations, as determined by the Secretary; or
       ``(ii) $750,000.
       ``(B) Conservation programs.--Notwithstanding any other 
     provision of law, an individual or entity shall not be 
     eligible to receive any benefit described in paragraph (2)(B) 
     during a crop year if the average adjusted gross income of 
     the individual or entity, or the average adjusted gross 
     income of the individual and spouse of the individual, 
     exceeds $2,500,000, unless not less than 75 percent of the 
     average adjusted gross income of the individual or entity, or 
     the average adjusted gross income of the individual and 
     spouse of the individual, is derived from farming, ranching, 
     or forestry operations, as determined by the Secretary.
       ``(2) Covered benefits.--
       ``(A) In general.--Paragraph (1)(A) applies with respect to 
     the following:
       ``(i) A direct payment or counter-cyclical payment under 
     part I or III of subtitle A of title I of the Food and Energy 
     Security Act of 2007.
       ``(ii) A marketing loan gain or loan deficiency payment 
     under part II or III of subtitle A of title I of the Food and 
     Energy Security Act of 2007.
       ``(iii) An average crop revenue payment under subtitle B of 
     title I of Food and Energy Security Act of 2007.
       ``(B) Conservation programs.--Paragraph (1)(B) applies with 
     respect to a payment under any program under--
       ``(i) title XII of this Act;
       ``(ii) title II of the Farm Security and Rural Investment 
     Act of 2002 (Public Law 107-171; 116 Stat. 223); or
       ``(iii) title II of the Food and Energy Security Act of 
     2007.
       ``(3) Income derived from farming, ranching or forestry 
     operations.--In determining what portion of the average 
     adjusted gross income of an individual or entity is derived 
     from farming, ranching, or forestry operations, the Secretary 
     shall include income derived from--
       ``(A) the production of crops, livestock, or unfinished raw 
     forestry products;
       ``(B) the sale, including the sale of easements and 
     development rights, of farm, ranch, or forestry land or water 
     or hunting rights;
       ``(C) the sale of equipment to conduct farm, ranch, or 
     forestry operations;
       ``(D) the rental or lease of land used for farming, 
     ranching, or forestry operations, including water or hunting 
     rights;
       ``(E) the provision of production inputs and services to 
     farmers, ranchers, and foresters;
       ``(F) the processing (including packing), storing 
     (including shedding), and transporting of farm, ranch, and 
     forestry commodities;
       ``(G) the sale of land that has been used for agriculture; 
     and
       ``(H) payments or other income attributable to benefits 
     received under any program authorized under title I or II of 
     the Food and Energy Security Act of 2007.''.
       (2) Increased funding for certain programs.--In addition to 
     the amounts made available under other provisions of this Act 
     and amendments made by this Act, of the funds of the 
     Commodity Credit Corporation, the Secretary shall use to 
     carry out--
       (A) the grassland reserve program established under 
     subchapter C of chapter 2 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3838n et seq.), an 
     additional $20,000,000 for the period of fiscal years 2013 
     through 2017;
       (B) the provision of assistance for community food projects 
     under section 25 of the Food and Nutrition Act of 2007 (7 
     U.S.C. 2034) (as amended by section 4801(g)), an additional 
     $10,000,000 for each of fiscal years 2013 through 2016;
       (C) the beginning farmer and rancher individual development 
     accounts pilot program established under section 333B of the 
     Consolidated Farm and Rural Development Act (as added by 
     section 5201), an additional $5,000,000 for each of fiscal 
     years 2013 through 2017;
       (D) the program of grants to encourage State initiatives to 
     improve broadband service established under section 6202, an 
     additional--
       (i) $40,000,000 for the period of fiscal years 2009 through 
     2012; and
       (ii) $30,000,000 for the period of fiscal years 2013 
     through 2017;
       (E) the organic agriculture research and extension 
     initiative established under section 1672B of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
     5925b) (as amended by section 7104), an additional 
     $10,000,000 for each of fiscal years 2013 through 2014;
       (F) the beginning farmer and rancher development program 
     established under section 7405 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 3319f) (as amended by 
     section 7309), an additional $15,000,000 for each of fiscal 
     years 2013 through 2017;
       (G) the biomass crop transition assistance program 
     established under subsections (b) and (c) of section 9004 of 
     the Farm Security and Rural Investment Act of 2002 (as 
     amended by section 9001), an additional $40,000,000 for the 
     period of fiscal years 2009 through 2012; and
       (H) the Rural Energy for America Program established under 
     section 9007 of the Farm Security and Rural Investment Act of 
     2002 (as amended by section 9001), an additional $40,000,000 
     for the period of fiscal years 2009 through 2012.
                                 ______
                                 
  SA 3765. Ms. KLOBUCHAR (for herself, Mr. Durbin, and Mr. Brown) 
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 210, strike line 15 and all that follows 
     through page 214, line 9, and insert the following:
       (c) Modification of Limitation.--
       (1) In general.--Section 1001D of the Food Security Act of 
     1985 (7 U.S.C. 1308-3a) is amended by striking subsection (b) 
     and inserting the following:
       ``(b) Limitation.--
       ``(1) Commodity and conservation programs.--
       ``(A) Commodity programs.--Notwithstanding any other 
     provision of law, an individual or entity shall not be 
     eligible to receive any benefit described in paragraph (2)(A) 
     during a crop year if the average adjusted gross income of 
     the individual or entity, or the average adjusted gross 
     income of the individual and spouse of the individual, 
     exceeds--
       ``(i) $250,000, if less than 66.66 percent of the average 
     adjusted gross income of the individual or entity, or the 
     average adjusted gross income of the individual and spouse of 
     the individual, is derived from farming, ranching, or 
     forestry operations, as determined by the Secretary; or
       ``(ii) $750,000.
       ``(B) Conservation programs.--Notwithstanding any other 
     provision of law, an individual or entity shall not be 
     eligible to receive any benefit described in paragraph (2)(B) 
     during a crop year if the average adjusted gross income of 
     the individual or entity, or the average adjusted gross 
     income of the individual and spouse of the individual, 
     exceeds $2,500,000, unless not less than 75 percent of the 
     average adjusted gross income of the individual or entity, or 
     the average adjusted gross income of the individual and 
     spouse of the individual, is derived from farming, ranching, 
     or forestry operations, as determined by the Secretary.
       ``(2) Covered benefits.--
       ``(A) In general.--Paragraph (1)(A) applies with respect to 
     the following:
       ``(i) A direct payment or counter-cyclical payment under 
     part I or III of subtitle A of title I of the Food and Energy 
     Security Act of 2007.
       ``(ii) A marketing loan gain or loan deficiency payment 
     under part II or III of subtitle A of title I of the Food and 
     Energy Security Act of 2007.
       ``(iii) An average crop revenue payment under subtitle B of 
     title I of Food and Energy Security Act of 2007.
       ``(B) Conservation programs.--Paragraph (1)(B) applies with 
     respect to a payment under any program under--
       ``(i) title XII of this Act;
       ``(ii) title II of the Farm Security and Rural Investment 
     Act of 2002 (Public Law 107-171; 116 Stat. 223); or
       ``(iii) title II of the Food and Energy Security Act of 
     2007.
       ``(3) Income derived from farming, ranching or forestry 
     operations.--In determining what portion of the average 
     adjusted

[[Page S14558]]

     gross income of an individual or entity is derived from 
     farming, ranching, or forestry operations, the Secretary 
     shall include income derived from--
       ``(A) the production of crops, livestock, or unfinished raw 
     forestry products;
       ``(B) the sale, including the sale of easements and 
     development rights, of farm, ranch, or forestry land or water 
     or hunting rights;
       ``(C) the sale of equipment to conduct farm, ranch, or 
     forestry operations;
       ``(D) the rental or lease of land used for farming, 
     ranching, or forestry operations, including water or hunting 
     rights;
       ``(E) the provision of production inputs and services to 
     farmers, ranchers, and foresters;
       ``(F) the processing (including packing), storing 
     (including shedding), and transporting of farm, ranch, and 
     forestry commodities;
       ``(G) the sale of land that has been used for agriculture; 
     and
       ``(H) payments or other income attributable to benefits 
     received under any program authorized under title I or II of 
     the Food and Energy Security Act of 2007.''.
       (2) Increased funding for certain programs.--In addition to 
     the amounts made available under other provisions of this Act 
     and amendments made by this Act, of the funds of the 
     Commodity Credit Corporation, the Secretary shall use to 
     carry out--
       (A) the grassland reserve program established under 
     subchapter C of chapter 2 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3838n et seq.), an 
     additional $20,000,000 for the period of fiscal years 2013 
     through 2017;
       (B) the provision of assistance for community food projects 
     under section 25 of the Food and Nutrition Act of 2007 (7 
     U.S.C. 2034) (as amended by section 4801(g)), an additional 
     $10,000,000 for each of fiscal years 2013 through 2016;
       (C) the beginning farmer and rancher individual development 
     accounts pilot program established under section 333B of the 
     Consolidated Farm and Rural Development Act (as added by 
     section 5201), an additional $5,000,000 for each of fiscal 
     years 2013 through 2017;
       (D) the program of grants to encourage State initiatives to 
     improve broadband service established under section 6202, an 
     additional--
       (i) $40,000,000 for the period of fiscal years 2009 through 
     2012; and
       (ii) $30,000,000 for the period of fiscal years 2013 
     through 2017;
       (E) the organic agriculture research and extension 
     initiative established under section 1672B of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
     5925b) (as amended by section 7104), an additional 
     $10,000,000 for each of fiscal years 2013 through 2014;
       (F) the beginning farmer and rancher development program 
     established under section 7405 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 3319f) (as amended by 
     section 7309), an additional $15,000,000 for each of fiscal 
     years 2013 through 2017;
       (G) the biomass crop transition assistance program 
     established under subsections (b) and (c) of section 9004 of 
     the Farm Security and Rural Investment Act of 2002 (as 
     amended by section 9001), an additional $40,000,000 for the 
     period of fiscal years 2009 through 2012; and
       (H) the Rural Energy for America Program established under 
     section 9007 of the Farm Security and Rural Investment Act of 
     2002 (as amended by section 9001), an additional $40,000,000 
     for the period of fiscal years 2009 through 2012.
                                 ______
                                 
  SA 3766. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, 
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       (_)Paunsaugunt Plateau Wildlife and Rangeland Enhancement 
     Pilot Program.--
       (1) Of the amounts made available in Subsection __--the 
     Secretary shall reserve $5,000,000 to remain available until 
     expended to initiate a pilot program in partnership with 
     local Water Conservation Districts for watershed restoration 
     and the protection and enhancement of native, introduced, and 
     sensitive forage grass and browse, plant species for use by 
     wildlife and livestock in the Paunsaugunt Plateau and 
     adjacent public and private lands in the region.
       (2)Approval.--The Secretary may also approve regional 
     conservation activities under this subsection to facilitate 
     vegetative manipulation of climax pinion juniper rangeland, 
     restoration of erosion drainage areas and riparian areas in 
     cooperation with local Water Conservation Districts.
                                 ______
                                 
  SA 3767. Mr. NELSON of Florida (for himself, Mr. Martinez, and Mr. 
Menendez) 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 234, between lines 12 and 13, insert the following:

     SEC. 1815. FUNDS FOR PROMOTION OF ORANGE JUICE.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of the Treasury shall, not later than 
     December 31, 2007, and each year thereafter, transfer to the 
     Department of Citrus of the State of Florida an amount equal 
     to 30 percent of the amounts received in the general fund of 
     the Treasury of the United States during the preceding fiscal 
     year that are attributable to the duties collected on 
     articles described in subsection (b).
       (b) Articles Described.--The articles described in this 
     subsection are articles classifiable under subheadings 
     2009.11.00 through 2009.19.00 of the Harmonized Tariff 
     Schedule of the United States, that are entered, or withdrawn 
     from warehouse, for consumption.
       (c) Use of Amounts Transferred.--The amounts transferred 
     pursuant to this section shall be used by the State of 
     Florida for research and promotion activities related to 
     orange juice.
                                 ______
                                 
  SA 3768. 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:

       Beginning on page 1472, line 1, strike all through page 
     1480, line 3, and insert the following:

                    PART II--ALCOHOL AND OTHER FUELS

     SEC. 12311. EXPANSION OF SPECIAL ALLOWANCE TO CELLULOSIC 
                   BIOFUEL PLANT PROPERTY.

       (a) In General.--Paragraph (3) of section 168(l) (relating 
     to special allowance for cellulosic biomass ethanol plant 
     property) is amended to read as follows:
       ``(3) Cellulosic biofuel.--For purposes of this subsection, 
     the term `cellulosic biofuel' means any liquid transportation 
     fuel derived from any lignocellulosic or hemicellulosic 
     matter (other than food starch) that is available on a 
     renewable or recurring basis.''.
       (b) Conforming Amendments.--
       (1) Subsection (l) of section 168 is amended by striking 
     ``cellulosic biomass ethanol'' each place it appears and 
     inserting ``cellulosic biofuel''.
       (2) The heading of section 168(l) is amended by striking 
     ``Cellulosic Biomass Ethanol'' and inserting ``Cellulosic 
     Biofuel''.
       (3) The heading of paragraph (2) of section 168(l) is 
     amended by striking ``cellulosic biomass ethanol'' and 
     inserting ``cellulosic biofuel''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.

     SEC. 12312. CREDIT FOR PRODUCTION OF CELLULOSIC BIOFUEL.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 is amended by adding at the end the following new 
     section:

     ``SEC. 30D. CELLULOSIC BIOFUEL PRODUCTION.

       ``(a) General Rule.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to $1.28 for each gallon of qualified 
     cellulosic biofuel production.
       ``(b) Qualified Cellulosic Biofuel Production.--For 
     purposes of this section, the term `qualified cellulosic 
     biofuel production' means any cellulosic biofuel which is 
     produced in the United States by the taxpayer and which 
     during the taxable year--
       ``(1) is sold by the taxpayer to another person--
       ``(A) for use by such other person in the production of a 
     qualified cellulosic biofuel mixture in such other person's 
     trade or business (other than casual off-farm production),
       ``(B) for use by such other person as a fuel in a trade or 
     business, or
       ``(C) who sells such cellulosic biofuel at retail to 
     another person and places such cellulosic biofuel in the fuel 
     tank of such other person, or
       ``(2) is used or sold by the taxpayer for any purpose 
     described in paragraph (1).
       ``(c) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Cellulosic biofuel.--The term `cellulosic biofuel' 
     means any liquid transportation fuel derived from any 
     lignocellulosic or hemicellulosic mater (other than food 
     starch) that is available on a renewable or recurring basis.
       ``(2) Qualified cellulosic biofuel mixture.--The term 
     `qualified cellulosic biofuel mixture' means a mixture of 
     cellulosic biofuel and any petroleum fuel product which--
       ``(A) is sold by the person producing such mixture to any 
     person for use as a fuel, or
       ``(B) is used as a fuel by the person producing such 
     mixture.
       ``(3) Additional distillation excluded.--The qualified 
     cellulosic biofuel production of any taxpayer for any taxable 
     year shall not include any alcohol which is purchased by the 
     taxpayer and with respect to which such producer increases 
     the proof of the alcohol by additional distillation.
       ``(4) United states production only.--No credit shall be 
     determined under subsection

[[Page S14559]]

     (a) with respect to any biofuel unless such biofuel is 
     produced in the United States.
       ``(5) Cellulosic biofuel not used as a fuel.--If any credit 
     is allowed under subsection (a) and any person does not use 
     such cellulosic biofuel for a purpose described in subsection 
     (b), then there is hereby imposed on such person a tax equal 
     to $1.28 for each gallon of such cellulosic biofuel.
       ``(6) Pass-thru in the case of estates and trusts.--Under 
     regulations prescribed by the Secretary, rules similar to the 
     rules of subsection (d) of section 52 shall apply.
       ``(7) Allocation of credit to patrons of cooperative.--
     Rules similar to the rules under section 40(g)(6) shall apply 
     for purposes of this section.
       ``(8) Denial of double benefit.--No credit shall be allowed 
     under this section to any taxpayer with respect to any 
     cellulosic biofuel if a credit or payment is allowed with 
     respect to such fuel to such taxpayer under section 40, 40A, 
     6426, or 6427(e).
       ``(d) Limitation Based on Amount of Tax.--The credit 
     allowed under subsection (a) for any taxable year shall not 
     exceed the excess of--
       ``(1) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(2) the sum of the credits allowable under subpart A and 
     sections 27, 30, 30B, and 30C.
       ``(e) Carryforward and Carryback of Unused Credit.--
       ``(1) In general.--If the credit allowable under subsection 
     (a) exceeds the limitation imposed by subsection (d) for such 
     taxable year (hereinafter in this section referred to as the 
     `unused credit year') reduced by the sum of the credits 
     allowable under subpart A, such excess shall be--
       ``(A) carried back to the taxable year preceding the unused 
     credit year, and
       ``(B) carried forward to each of the 20 taxable years 
     following the unused credit year.
       ``(2) Transition rule.--The credit under subsection (a) may 
     not be carried to a taxable year beginning before January 1, 
     2008.
       ``(f) Application of Section.--This section shall apply 
     with respect to qualified cellulosic biofuel production--
       ``(1) after December 31, 2007, and
       ``(2) before the later of--
       ``(A) the date on which the Secretary of Energy certifies 
     that 1,000,000,000 gallons of cellulosic biofuels have been 
     produced in the United States after December 31, 2007, and
       ``(B) April 1, 2015.''.
       (b) Deduction Allowed for Unused Credit.--Section 196(c) is 
     amended by adding at the end the following new subsection:
       ``(d) Deduction Allowed for Cellulosic Biofuel Production 
     Credit.--
       ``(1) In general.--If any portion of the credit allowed 
     under section 30D for any taxable year has not, after the 
     application of section 30D(d), been allowed to the taxpayer 
     as a credit under such section for any taxable year, an 
     amount equal to such credit not so allowed shall be allowed 
     to the taxpayer as a deduction for the first taxable year 
     following the last taxable year for which such credit could, 
     under section 30D(e), have been allowed as a credit.
       ``(2) Taxpayer's dying or ceasing to exist.--If a taxpayer 
     dies or ceases to exist before the first taxable year 
     following the last taxable year for which the credit could, 
     under section 30D(e), have been allowed as a credit, the 
     amount described in paragraph (1) (or the proper portion 
     thereof) shall, under regulations prescribed by the 
     Secretary, be allowed to the taxpayer as a deduction for the 
     taxable year in which such death or cessation occurs.''.
       (c) Conforming Amendments.--
       (1)(A) Section 87 is amended by striking ``and'' at the end 
     of paragraph (1), by striking the period at the end of 
     paragraph (2) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(3) the cellulosic biofuel production credit determined 
     with respect to the taxpayer under section 30D(a).''.
       (B) The heading of section 87 of such Code is amended by 
     striking ``AND BIODIESEL FUELS CREDITS'' and inserting ``, 
     BIODIESEL FUELS, and CELLULOSIC BIOFUELS CREDITS''.
       (C) The item relating to section 87 is the table of 
     sections for part II of subchapter B of chapter 1 of such 
     Code is amended by striking ``and biodiesel fuels credits'' 
     and inserting ``, biodiesel fuels, and cellulosic biofuels 
     credits''.
       (2) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 40A the following new item:

``Sec. 30D. Cellulosic biofuel production.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel produced after December 31, 2007.
                                 ______
                                 
  SA 3769. Mr. CRAPO (for himself, Mr. Bingaman, and Mr. Domenici) 
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 334, strike lines 23 through 25 and insert the 
     following:
     described in clauses (i) and (ii).'';
       (2) in subsection (c), by striking ``2007 calendar'' and 
     inserting ``2012 fiscal''; and
       (3) in subsection (d)--
       (A) in paragraph (2), by striking ``or'' at the end; and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) a riparian area; or
       ``(4) a riparian area and an adjacent area that links the 
     riparian area to other parcels of wetland that are protected 
     by wetlands reserve agreements or some other device or 
     circumstance that achieves the same purpose as a wetlands 
     reserve agreement.''.
                                 ______
                                 
  SA 3770. Mr. CRAPO (for himself, Mr. Bingaman, and Mr. Domenici) 
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 334, strike lines 23 through 25 and insert the 
     following:
     described in clauses (i) and (ii).'';
       (2) in subsection (c), by striking ``2007 calendar'' and 
     inserting ``2012 fiscal''; and
       (3) in subsection (d)--
       (A) in paragraph (2), by striking ``or'' at the end; and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) a riparian area; or
       ``(4) a riparian area and an adjacent area that links the 
     riparian area to other parcels of wetland that are protected 
     by wetlands reserve agreements or some other device or 
     circumstance that achieves the same purpose as a wetlands 
     reserve agreement.''.
                                 ______
                                 
  SA 3771. Mr. BOND 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._. AGRICULTURAL REGULATORY FLEXIBILITY

       Chapter 55 of title 7 is amended by adding following:

     ``Sec. 2301 DEFINITIONS

       For purposes of this chapter--
       ``(1) the term ``agency'' means an agency as defined in 
     section 551(1) of title 5;
       ``(2) the term ``agricultural entity'' means any person or 
     entity that has income derived from farming, ranching or 
     forestry operations, the production of crops, livestock, or 
     unfinished raw forestry products; the sale, including the 
     sale of easements and development rights, of farm, ranch, or 
     forestry and or water or hunting rights; the sale of 
     equipment to conduct farm ranch, or forestry operations; the 
     rental or lease of land used for farming, ranching, or 
     forestry operations, including water or hunting rights; the 
     provision of production inputs and services to farmers, 
     ranchers, and foresters; the processing (including packing), 
     storing (including shedding), and transporting of farm, 
     ranch, and forestry commodities; the sale of land that has 
     been used for agriculture; and payments or other income 
     attributable to benefits received under any program 
     authorized under title I or II of the Food and Energy 
     Security Act of 2007;
       ``(3) the term ``rule'' means any rule for which the agency 
     publishes a general notice of proposed rulemaking pursuant to 
     section 553(b) of title 5, or any other law, including any 
     rule of general applicability governing Federal grants to 
     State and local governments for which the agency provides an 
     opportunity for notice and public comment, except that the 
     term ``rule'' does not include a rule of particular 
     applicability relating to rates, wages, corporate or 
     financial structures or reorganizations thereof, prices, 
     facilities, appliances, services, or allowances therefore or 
     to valuations, costs or accounting, or practices relating to 
     such rates, wages, structures, prices, appliances, services, 
     or allowances;
       ``(4) the term ``collection of information''--
       ``(A) means the obtaining, causing to be obtained, 
     soliciting, or requiring the disclosure to third parties or 
     the public, of facts or opinions by or for an agency, 
     regardless of form or format, calling for either--
       ``(i) answers to identical questions posed to, or identical 
     reporting or recordkeeping requirements imposed on, 10 or 
     more persons, other than agencies, instrumentalities, or 
     employees of the United States; or
       ``(ii) answers to questions posed to agencies, 
     instrumentalities, or employees of the United States which 
     are to be used for general statistical purposes; and
       ``(B) shall not include a collection of information 
     described under section 3518(c)(1) of title 44, United States 
     Code.
       ``(5) Recordkeeping requirement.--The term ``recordkeeping 
     requirement'' means a requirement imposed by an agency on 
     persons to maintain specified records.

     ``Sec. 2302. Agricultural regulatory flexibility agenda

       ``(a) During the months of October and April of each year, 
     each agency shall publish in the Federal Register an 
     agricultural regulatory flexibility agenda which shall 
     contain--
       ``(1) a brief description of the subject area of any rule 
     which the agency expects to propose or promulgate which is 
     likely to have a significant economic impact on a substantial 
     number of agricultural entities;
       ``(2) a summary of the nature of any such rule under 
     consideration for each subject area listed in the agenda 
     pursuant to paragraph (1), the objectives and legal basis for

[[Page S14560]]

     the issuance of the rule, and an approximate schedule for 
     completing action on any rule for which the agency has issued 
     a general notice of proposed rulemaking, and;
       ``(3) the name and telephone number of an agency official 
     knowledgeable concerning the items listed in paragraph (1).
       ``(b) Each agricultural regulatory flexibility agenda shall 
     be transmitted to the Chief Counsel for Advocacy of the 
     Department of Agriculture for comment, if any.
       ``(c) Each agency shall endeavor to provide notice of each 
     agricultural regulatory flexibility agenda to agricultural 
     entities or their representatives through direct notification 
     or publication of the agenda in publications likely to be 
     obtained by such agricultural entities and shall invite 
     comments upon each subject area on the agenda.
       ``(d) Nothing in this section precludes an agency from 
     considering or acting on any matter not included in an 
     agricultural regulatory flexibility agenda, or requires an 
     agency to consider or act on any .matter listed in such 
     agenda.

     ``Sec. 2303. Initial agricultural regulatory flexibility 
       analysis

       ``(a) Whenever an agency is required by section 553 of 
     title 5, or any other law, to publish general notice of 
     proposed rulemaking for any proposed rule, or publishes a 
     notice of proposed rulemaking for an interpretative rule 
     involving the internal revenue laws of the United States, the 
     agency shall prepare and make available for public comment an 
     initial agricultural regulatory flexibility analysis. Such 
     analysis shall describe the impact of the proposed rule on 
     agricultural entities. The initial agricultural regulatory 
     flexibility analysis or a summary shall be published in the 
     Federal Register at the time of the publication of general 
     notice of proposed rulemaking for the rule. The agency shall 
     transmit a copy of the initial agricultural regulatory 
     flexibility analysis to the Chief Counsel for Advocacy of the 
     Department of Agriculture. In the case of an interpretative 
     rule involving the internal revenue laws of the United 
     States, this chapter applies to interpretative rules 
     published in the Federal Register for codification in the 
     Code of Federal Regulations, but only to the extent that such 
     interpretative rules impose on agricultural entities a 
     collection of information requirement.
       ``(b) Each initial agricultural regulatory flexibility 
     analysis required under this section shall contain--
       ``(1) a description of the reasons why action by the agency 
     is being considered;
       ``(2) a succinct statement of the objectives of, and legal 
     basis for, the proposed rule;
       ``(3) a description of and, where feasible, an estimate of 
     the number of agricultural entities to which the proposed 
     rule will apply;
       ``(4) a description of the projected reporting, 
     recordkeeping and other compliance requirements of the 
     proposed rule, including an estimate of the classes of 
     agricultural entities which will be subject to the 
     requirement and the type of professional skills necessary for 
     preparation of the report or record;
       ``(5) an identification, to the extent practicable, of all 
     relevant Federal rules which may duplicate, overlap or 
     conflict with the proposed rule.
       ``(c) Each initial agricultural regulatory flexibility 
     analysis shall also contain a description of any significant 
     alternatives to the proposed rule which accomplish the stated 
     objectives of applicable statutes and which minimize any 
     significant economic impact of the proposed rule on 
     agricultural entities. Consistent with the stated objectives 
     of applicable statutes, the analysis shall discuss 
     significant alternatives such as--
       ``(1) the establishment of differing compliance or 
     reporting requirements or timetables that take into account 
     the resources available to agricultural entities;
       ``(2) the clarification, consolidation, or simplification 
     of compliance and reporting requirements under the rule for 
     such agricultural entities;
       ``(3) the use of performance rather than design standards; 
     and
       ``(4) an exemption from coverage of the rule, or any part 
     thereof, for such agricultural entities.

     ``Sec. 2304. Final agricultural regulatory flexibility 
       analysis

       ``(a) When an agency promulgates a final rule under section 
     553 of title 5, after being required by that section or any 
     other law to publish a general notice of proposed rulemaking, 
     or promulgates a final interpretative rule involving the 
     internal revenue laws of the United States as described in 
     section 103(a), the agency shall prepare a final agricultural 
     regulatory flexibility analysis. Each final agricultural 
     regulatory flexibility analysis shall contain--
       ``(1) a succinct statement of the need for, and objectives 
     of, the rule;
       ``(2) a summary of the significant issues raised by the 
     public comments in response to the initial agricultural 
     regulatory flexibility analysis, a summary of the assessment 
     of the agency of such issues, and a statement of any changes 
     made in the proposed rule as a result of such comments;
       ``(3) a description of and an estimate of the number of 
     agricultural entities to which the rule will apply or an 
     explanation of why no such estimate is available;
       ``(4) a description of the projected reporting, 
     recordkeeping and other compliance requirements of the rule, 
     including an estimate of the classes of agricultural entities 
     which will be subject to the requirement and the type of 
     professional skills necessary for preparation of the report 
     or record; and
       ``(5) a description of the steps the agency has taken to 
     minimize the significant economic impact on agricultural 
     entities consistent with the stated objectives of applicable 
     statutes, including a statement of the factual, policy, and 
     legal reasons for selecting the alternative adopted in the 
     final rule and why each one of the other significant 
     alternatives to the rule considered by the agency which 
     affect the impact on agricultural entities was rejected.
       ``(b) The agency shall make copies of the final 
     agricultural regulatory flexibility analysis available to 
     members of the public and shall publish in the Federal 
     Register such analysis or a summary thereof.

     ``Sec. 2305. Avoidance of duplicative or unnecessary analysis

       ``(a) Any Federal agency may perform the analyses required 
     by sections 102, 103, and 104 of this chapter in conjunction 
     with or as a part of any other agenda or analysis required by 
     any other law if such other analysis satisfies the provisions 
     of such sections.
       ``(b) Sections 103 and 104 of this chapter shall not apply 
     to any proposed or final rule if the head of the agency 
     certifies that the rule will not, if promulgated, have a 
     significant economic impact on a substantial number of 
     agricultural entities. If the head of the agency makes a 
     certification under the preceding sentence, the agency shall 
     publish such certification in the Federal Register at the 
     time of publication of general notice of proposed rulemaking 
     for the rule or at the time of publication of the final rule, 
     along with a statement providing the factual basis for such 
     certification. The agency shall provide such certification 
     and statement to the Chief Counsel for Advocacy of the 
     Department of Agriculture.
       ``(c) In order to avoid duplicative action, an agency may 
     consider a series of closely related rules as one rule for 
     the purposes of sections 102, 103, 104 and 110 of this 
     chapter.

     ``Sec.  2306. Effect on other law

       The requirements of sections 103 and 104 of this chapter do 
     not alter in any manner standards otherwise applicable by law 
     to agency action.

     ``Sec.  2307. Preparation of analyses

       ``In complying with the provisions of sections 103 and 104 
     of this chapter, an agency may provide either a quantifiable 
     or numerical description of the effects of a proposed rule or 
     alternatives to the proposed rule, or more general 
     descriptive statements if quantification is not practicable 
     or reliable.

     ``Sec.  2308. Procedure for waiver or delay of completion

       ``(a) An agency head may waive or delay the completion of 
     some or all of the requirements of section 103 of this 
     chapter by publishing in the Federal Register, not later than 
     the date of publication of the final rule, a written finding, 
     with reasons therefore, that the final rule is being 
     promulgated in response to an emergency that makes compliance 
     or timely compliance with the provisions of section 103 of 
     this chapter impracticable.
       ``(b) Except as provided in section 105(b), an agency head 
     may not waive the requirements of section 104 of this 
     chapter. An agency head may delay the completion of the 
     requirements of section 104 of this chapter for a period of 
     not more than one hundred and eighty days after the date of 
     publication in the Federal Register of a final rule by 
     publishing in the Federal Register, not later than such date 
     of publication, a written finding, with reasons therefore, 
     that the final rule is being promulgated in response to an 
     emergency that makes timely compliance with the provisions of 
     section 104 of this chapter impracticable. If the agency has 
     not prepared a final agricultural regulatory analysis 
     pursuant to section 104 of this chapter within one hundred 
     and eighty days from the date of publication of the final 
     rule, such rule shall lapse and have no effect. Such rule 
     shall not be repromulgated until a final regulatory 
     flexibility analysis has been completed by the agency.

     ``Sec.  2309. Procedures for gathering comments

       ``(a) When any rule is promulgated which will have a 
     significant economic impact on a substantial number of 
     agricultural entities, the head of the agency promulgating 
     the rule or the official of the agency with statutory 
     responsibility for the promulgation of the rule shall assure 
     that agricultural entities have been given an opportunity to 
     participate in the rulemaking for the rule through the 
     rational use of techniques such as--
       ``(1) the inclusion in an advanced notice of proposed 
     rulemaking, if issued, of a statement that the proposed rule 
     may have a significant economic effect on a substantial 
     number of agricultural entities;
       ``(2) the publication of general notice of proposed 
     rulemaking in publications likely to be obtained by 
     agricultural entities;
       ``(3) the direct notification of interested agricultural 
     entities;
       ``(4) the conduct of open conferences or public hearings 
     concerning the rule for agricultural entities including 
     soliciting and receiving comments over computer networks; and
       ``(5) the adoption or modification of agency procedural 
     rules to reduce the cost or complexity of participation in 
     the rulemaking by agricultural entities.
       ``(b) Prior to publication of an initial agricultural 
     regulatory flexibility analysis which a covered agency is 
     required to conduct by this chapter--

[[Page S14561]]

       ``(1) a covered agency shall notify the Chief Counsel for 
     Advocacy of the Department of Agriculture and provide the 
     Chief Counsel with information on the potential impacts of 
     the proposed rule on agricultural entities that might be 
     affected;
       ``(2) not later than 15 days after the date of receipt of 
     the materials described in paragraph (1), the Chief Counsel 
     shall identify individuals representative of affected 
     agricultural entities for the purpose of obtaining advice and 
     recommendations from those individuals about the potential 
     impacts of the proposed rule;
       ``(3) the agency shall convene a review panel for such rule 
     consisting wholly of full time Federal employees of the 
     office within the agency responsible for carrying out the 
     proposed rule, the Office of Information and Regulatory 
     Affairs within the Office of Management and Budget, and the 
     Chief Counsel;
       ``(4) the panel shall review any material the agency has 
     prepared in connection with this chapter, including any draft 
     proposed rule, collect advice and recommendations of each 
     individual agricultural entity representative identified by 
     the agency after consultation with the Chief Counsel, on 
     issues related to subsections 103(b), paragraphs (3), (4) and 
     (5) and 103(c);
       ``(5) not later than 60 days after the date a covered 
     agency convenes a review panel pursuant to paragraph (3), the 
     review panel shall report on the comments of the agricultural 
     entity representatives and its findings as to issues related 
     to subsections 103(b), paragraphs (3), (4) and (5) and 
     103(c), provided that such report shall be made public as 
     part of the rulemaking record; and
       ``(6) where appropriate, the agency shall modify the 
     proposed rule, the initial agricultural flexibility analysis 
     or the decision on whether an initial flexibility analysis is 
     required.
       ``(c) An agency may in its discretion apply subsection (b) 
     to rules that the agency intends to certify under subsection 
     105(b), but the agency believes may have a greater than de 
     minimis impact on a substantial number of agricultural 
     entities.
       ``(d) For purposes of this section, the term ``covered 
     agency'' means the Environmental Protection Agency and the 
     Department of the Interior and its agencies.
       ``(e) The Chief Counsel for Advocacy, in consultation with 
     the individuals identified in subsection (b)(2), and with the 
     Administrator of the Office of Information and Regulatory 
     Affairs within the Office of Management and Budget, may waive 
     the requirements of subsections (b)(3), (b)(4), and (b)(5) by 
     including in the rulemaking record a written finding, with 
     reasons therefor, that those requirements would not advance 
     the effective participation of agricultural entities in the 
     rulemaking process. For purposes of this subsection, the 
     factors to be considered in making such a finding are as 
     follows:
       ``(1) In developing a proposed rule, the extent to which 
     the covered agency consulted with individuals representative 
     of affected agricultural entities with respect to the 
     potential impacts of the rule and took such concerns into 
     consideration.
       ``(2) Special circumstances requiring prompt issuance of 
     the rule.
       ``(3) Whether the requirements of subsection (b) would 
     provide the individuals identified in subsection (b)(2) with 
     a competitive advantage relative to other agricultural 
     entities.

     ``Sec. 2310. Periodic review of rules

       ``(a) Within one hundred and eighty days after the 
     effective date of this chapter, each agency shall publish in 
     the Federal Register a plan for the periodic review of the 
     rules issued by the agency which have or will have a 
     significant economic impact upon a substantial number of 
     agricultural entities. Such plan may be amended by the agency 
     at any time by publishing the revision in the Federal 
     Register. The purpose of the review shall be to determine 
     whether such rules should be continued without change, or 
     should be amended or rescinded, consistent with the stated 
     objectives of applicable statutes, to minimize any 
     significant economic impact of the rules upon a substantial 
     number of such agricultural entities. The plan shall provide 
     for the review of all such agency rules existing on the 
     effective date of this chapter within ten years of that date 
     and for the review of such rules adopted after the effective 
     date of this chapter within ten years of the publication of 
     such rules as the final rule. If the head of the agency 
     determines that completion of the review of existing rules is 
     not feasible by the established date, he shall so certify in 
     a statement published in the Federal Register and may extend 
     the completion date by one year at a time for a total of not 
     more than five years.
       ``(b) In reviewing rules to minimize any significant 
     economic impact of the rule on a substantial number of 
     agricultural entities in a manner consistent with the stated 
     objectives of applicable statutes, the agency shall consider 
     the following factors--
       ``(1) the continued need for the rule;
       ``(2) the nature of complaints or comments received 
     concerning the rule from the public;
       ``(3) the complexity of the rule;
       ``(4) the extent to which the rule overlaps, duplicates or 
     conflicts with other Federal rules, and, to the extent 
     feasible, with State and local governmental rules; and
       ``(5) the length of time since the rule has been evaluated 
     or the degree to which technology, economic conditions, or 
     other factors have changed in the area affected by the rule.
       ``(c) Each year, each agency shall publish in the Federal 
     Register a list of the rules which have a significant 
     economic impact on a substantial number of agricultural 
     entities, which are to be reviewed pursuant to this section 
     during the succeeding twelve months. The list shall include a 
     brief description of each rule and the need for and legal 
     basis of such rule and shall invite public comment upon the 
     rule.

     ``Sec. 2311. Judicial review

       ``(a)(1) For any rule subject to this chapter, an 
     agricultural entity that is adversely affected or aggrieved 
     by final agency action is entitled to judicial review of 
     agency compliance with the requirements of sections 101, 104, 
     105(b), 108(b), and 110 in accordance with chapter 7 of title 
     5. Agency compliance with sections 107 and 109(a) shall be 
     judicially reviewable in connection with judicial review of 
     section 104.
       ``(2) Each court having jurisdiction to review such rule 
     for compliance with section 553, or under any other provision 
     of law, shall have jurisdiction to review any claims of 
     noncompliance with sections 101, 104, 105(b), 108(b) and 110 
     in accordance with chapter 7. Agency compliance with sections 
     107 and 109(a) shall be judicially reviewable in connection 
     with judicial review of section 104.
       ``(3)(A) An agricultural entity may seek such review during 
     the period beginning on the date of final agency action and 
     ending one year later, except that where a provision of law 
     requires that an action challenging a final agency action be 
     commenced before the expiration of one year, such lesser 
     period shall apply to an action for judicial review under 
     this section.
       ``(B) In the case where an agency delays the issuance of a 
     final agricultural flexibility analysis pursuant to section 
     108(b) of this chapter, an action for judicial review under 
     this section shall be filed not later than--
       ``(i) one year after the date the analysis is made 
     available to the public, or
       ``(ii) where a provision of law requires that an action 
     challenging a final agency regulation be commenced before the 
     expiration of the 1-year period, the number of days specified 
     in such provision of law that is after the date the analysis 
     is made available to the public.
       `(4) In granting any relief in an action under this 
     section, the court shall order the agency to take corrective 
     action consistent with this chapter and chapter 7 of title 5, 
     including, but not limited to--
       ``(A) remanding the rule to the agency, and
       ``(B) deferring the enforcement of the rule against 
     agricultural entities unless the court finds that continued 
     enforcement of the rule is in the public interest.
       ``(5) Nothing in this subsection shall be construed to 
     limit the authority of any court to stay the effective date 
     of any rule or provision thereof under any other provision of 
     law or to grant any other relief in addition to the 
     requirements of this section.
       ``(b) In an action for the judicial review of a rule, the 
     agricultural flexibility analysis for such rule, including an 
     analysis prepared or corrected pursuant to paragraph (a)(4), 
     shall constitute part of the entire record of agency action 
     in connection with such review.
       ``(c) Compliance or noncompliance by an agency with the 
     provisions of this chapter shall be subject to judicial 
     review only in accordance with this section.
       ``(d) Nothing in this section bars judicial review of any 
     other impact statement or similar analysis required by any 
     other law if judicial review of such statement or analysis is 
     otherwise permitted by law.

     ``Sec. 2312. Reports and intervention rights

       ``(a) The Chief Counsel for Advocacy of the Department of 
     Agriculture shall monitor agency compliance with this chapter 
     and shall report at least annually thereon to the President 
     and to the House Committee on Agriculture and the Senate 
     Committee on Agriculture, Nutrition and Forestry.
       ``(b) The Chief Counsel for Advocacy of the Department of 
     Agriculture is authorized to appear as amicus curiae in any 
     action brought in a court of the United States to review a 
     rule. In any such action, the Chief Counsel is authorized to 
     present his or her views with respect to compliance with this 
     chapter, the adequacy of the rulemaking record with respect 
     to agricultural entities and the effect of the rule on 
     agricultural entities.
       ``(c) A court of the United States shall grant the 
     application of the Chief
       Counsel for Advocacy of the Department of Agriculture to 
     appear in any such action for the purposes described in 
     subsection (b).

     ``Sec. 2313. Creation of USDA Office of Advocacy within 
       Department of Agriculture; Chief Counsel for Agricultural 
       Advocacy

       There is established within the Department of Agriculture a 
     USDA Office of Advocacy. The management of the Office shall 
     be vested in a Chief Counsel for Advocacy who shall be 
     appointed from civilian life by the President, by and with 
     the advice and consent of the Senate.

     ``Sec. 2314. Primary functions of USDA Office of Advocacy

       The primary functions of the USDA Office of Advocacy shall 
     be to--
       ``(1) measure the direct costs and other effects of 
     government regulation on agricultural entities; and make 
     legislative and nonlegislative proposals for eliminating 
     excessive or unnecessary regulations of agricultural 
     entities;

[[Page S14562]]

       ``(2) study the ability of financial markets and 
     institutions to meet agricultural entity credit needs and 
     determine the impact of government demands for credit on 
     agricultural entities;
       ``(3) recommend specific measures for creating an 
     environment in which all agricultural entities will have the 
     opportunity to compete effectively and expand to their full 
     potential, and to ascertain the common reasons, if any, for 
     agricultural entity successes and failures;
       ``(4) evaluate the efforts of each department and agency of 
     the United States, and of private industry, to assist 
     agricultural entities owned and controlled by veterans, and 
     agricultural entities concerns owned and controlled by 
     serviced-disabled veterans and to provide statistical 
     information on the utilization of such programs by such 
     agricultural entities, and to make appropriate 
     recommendations to the Secretary of Agriculture and to the 
     Congress in order to promote the establishment and growth of 
     those agricultural entities.

     ``Sec. 2315. Additional duties of USDA Office of Advocacy

       The USDA Office of Advocacy shall also perform the 
     following duties on a continuing basis:
       ``(1) serve as a focal point for the receipt of complaints, 
     criticisms, and suggestions concerning the policies and 
     activities of the Administration and any other Federal agency 
     which affects agricultural entities;
       ``(2) counsel agricultural entities on how to resolve 
     questions and problems concerning the relationship of the 
     agricultural entity to the Federal Government;
       ``(3) develop proposals for changes in the policies and 
     activities of any agency of the Federal Government which will 
     better fulfill the purposes of agricultural entities and 
     communicate such proposals to the appropriate Federal 
     agencies;
       ``(4) represent the views and interests of agricultural 
     entities before other Federal agencies whose policies and 
     activities may affect agricultural entities; and
       ``(5) enlist the cooperation and assistance of public and 
     private agencies, businesses, and other organizations in 
     disseminating information about the programs and services 
     provided by the Federal Government which are of benefit to 
     agricultural entities, and information on how agricultural 
     entities can participate in or make use of such programs and 
     services.
                                 ______
                                 
  SA 3772. Mr. HARKIN (for himself, Mr. Smith, Mr. Bingaman, Mrs. 
Boxer, Mr. Domenici, Mr. Cardin, Mr. Allard, Mr. Sessions, and Mr. 
Nelson of Florida) 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:

       Beginning on page 461, strike line 24 and all that follows 
     through page 474, line 25, and insert the following:
       ``(f) Partnerships and Cooperation.--
       ``(1) In general.--In carrying out each program under 
     subtitle D (excluding the wetlands reserve program and the 
     conservation reserve program), the Secretary may designate 
     special projects to enhance assistance provided to multiple 
     producers to address conservation issues relating to 
     agricultural and nonindustrial private forest management and 
     production, if recommended by the applicable State 
     Conservationist, in consultation with the State technical 
     committee.
       ``(2) Purposes.--The purposes of special projects carried 
     out under this subsection shall be to achieve local, 
     statewide, or regional conservation objectives by--
       ``(A) encouraging producers to cooperate in the 
     installation and maintenance of conservation practices that 
     affect multiple agricultural operations;
       ``(B) encouraging producers to cooperate in meeting 
     applicable Federal, State, and local regulatory requirements 
     regarding natural resources and the environment;
       ``(C) encouraging producers to share information and 
     technical and financial resources;
       ``(D) facilitating cumulative conservation benefits in 
     geographic areas;
       ``(E) promoting the development and demonstration of 
     innovative conservation methods; and
       ``(F) seeking opportunities to simultaneously advance--
       ``(i) the conservation of natural resources; and
       ``(ii) the community development and economic conditions of 
     agricultural areas.
       ``(3) Eligible partners.--State and local government 
     entities (including irrigation and water districts and canal 
     companies), Indian tribes, farmer cooperatives, institutions 
     of higher education, nongovernmental organizations, and 
     producer associations shall be eligible to apply under this 
     subsection.
       ``(4) Special project application.--To apply for 
     designation as a special project under paragraph (1), 
     partners shall submit an application to the Secretary that 
     includes--
       ``(A) a description of the geographic area, the current 
     conditions, the conservation objectives to be achieved 
     through the special project, and the expected level of 
     participation by agricultural and nonindustrial private 
     forest landowners;
       ``(B) a description of the partners collaborating to 
     achieve the project objectives and the roles, 
     responsibilities, and capabilities of the partners;
       ``(C) a description of the program resources from 1 or more 
     programs under subtitle D that are requested from the 
     Secretary, in relevant units, and the non-Federal resources 
     that will be leveraged by the Federal contribution;
       ``(D) a description of--
       ``(i) any proposed program adjustment described in 
     paragraph (5)(D)(ii); and
       ``(ii) the means by which each proposed program adjustment 
     will accelerate the achievement of environmental benefits;
       ``(E) a description of the plan for monitoring, evaluating, 
     and reporting on any progress made towards achieving the 
     purposes of the special project; and
       ``(F) such other information as the Secretary considers 
     necessary.
       ``(5) Duties of the secretary.--
       ``(A) In general.--The Secretary shall enter into multiyear 
     agreements with partners to facilitate the delivery of 
     conservation program resources in a manner to achieve the 
     purposes described in paragraph (2).
       ``(B) Project selection.--
       ``(i) In general.--The Secretary shall conduct a 
     competitive process to select projects funded under this 
     subsection.
       ``(ii) Factors considered.--In conducting the process 
     described in clause (i), the Secretary shall make public 
     factors to be considered in evaluating applications.
       ``(iii) Priority.--The Secretary may give priority to 
     applications based on--

       ``(I) the highest percentage of producers involved, and the 
     inclusion of the highest percentage of working agricultural 
     land in the area;
       ``(II) the highest percentage of on-the-ground conservation 
     to be implemented;
       ``(III) non-Federal resources to be leveraged;
       ``(IV) cost-effectiveness;
       ``(V) the highest likelihood of achieving project goals and 
     objectives;
       ``(VI) innovation in conservation methods and delivery, 
     including outcome-based performance measures and methods;
       ``(VII) innovation in linking conservation and community 
     development objectives; and
       ``(VIII) other factors, as determined by the Secretary.

       ``(C) Technical and financial assistance.--The Secretary 
     and partners shall provide appropriate technical and 
     financial assistance to producers participating in a special 
     project in an amount determined by the Secretary to be 
     necessary to achieve the purposes described in paragraph (2).
       ``(D) Administration.--
       ``(i) In general.--The Secretary shall ensure that 
     resources made available under this subsection are delivered 
     in accordance with applicable program rules relating to basic 
     program functions, including appeals, payment limitations, 
     and conservation compliance.
       ``(ii) Flexibility.--The Secretary may adjust elements of 
     the programs under this title to better reflect unique local 
     circumstances and purposes, if the Secretary determines that 
     such adjustments are necessary to achieve the purposes of 
     this subsection.
       ``(iii) Additional requirements.--The Secretary may 
     establish additional requirements beyond applicable program 
     rules in order to effectively implement this subsection.
       ``(6) Special rules applicable to regional water 
     enhancement projects.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Eligible partner.--The term `eligible partner' 
     means--

       ``(I) an eligible partner identified in paragraph (3); and
       ``(II) a water or wastewater agency of a State.

       ``(ii) Eligible project.--

       ``(I) In general.--The term `eligible project' means a 
     project that is specifically targeted to improve water 
     quality or quantity in an area.
       ``(II) Inclusions.--The term `eligible project' includes a 
     project that involves--

       ``(aa) resource condition assessment and modeling;
       ``(bb) water quality, water quantity, or water conservation 
     plan development;
       ``(cc) management system and environmental monitoring and 
     evaluation;
       ``(dd) cost-share restoration or enhancement;
       ``(ee) incentive payments for land management practices;
       ``(ff) easement purchases;
       ``(gg) conservation contracts with landowners;
       ``(hh) improved irrigation systems;
       ``(ii) water banking and other forms of water transactions;
       ``(jj) groundwater recharge;
       ``(kk) stormwater capture; and
       ``(ll) other water-related activities that the Secretary 
     determines will help to achieve the water quality or water 
     quantity benefits identified in the agreement in subparagraph 
     (E) on land described in paragraph (1).
       ``(B) Regional water enhancement procedures.--With respect 
     to proposals for eligible projects by eligible partners, the 
     Secretary shall establish specific procedures (to be known 
     collectively as `regional water enhancement procedures') in 
     accordance with this paragraph.
       ``(C) Means.--Regional water enhancement activities in a 
     particular region shall be carried out through a combination 
     of--

[[Page S14563]]

       ``(i) multiyear agreements between the Secretary and 
     eligible partners;
       ``(ii) other regional water enhancement activities carried 
     out by the Secretary; and
       ``(iii) regional water enhancement activities carried out 
     by eligible partners through other means.
       ``(D) Multiyear agreements with eligible partners.--
       ``(i) Solicitation of proposals.--Not later than 90 days 
     after the date of enactment of this subsection, the Secretary 
     shall invite prospective eligible partners to submit 
     proposals for regional water enhancement projects.
       ``(ii) Elements of proposals.--To be eligible for 
     consideration for participation in the program, a proposal 
     submitted by an eligible partner shall include--

       ``(I) identification of the exact geographic area for which 
     the partnership is proposed, which may be based on--

       ``(aa) a watershed (or portion of a watershed);
       ``(bb) an irrigation, water, or drainage district;
       ``(cc) the service area of an irrigation water delivery 
     entity; or
       ``(dd) some other geographic area with characteristics that 
     make the area suitable for landscape-wide program 
     implementation;

       ``(II) identification of the water quality or water 
     quantity issues that are of concern in the area;
       ``(III) a method for determining a baseline assessment of 
     water quality, water quantity, and other related resource 
     conditions in the region;
       ``(IV) a detailed description of the proposed water quality 
     or water quantity improvement activities to be undertaken in 
     the area, including an estimated timeline and program 
     resources for every activity; and
       ``(V) a description of the performance measures to be used 
     to gauge the effectiveness of the water quality or water 
     quantity improvement activities.

       ``(iii) Selection of proposals.--The Secretary shall award 
     multiyear agreements competitively, with priority given, as 
     determined by the Secretary, to selecting proposals that--

       ``(I) have the highest likelihood of improving the water 
     quality or quantity issues of concern for the area;
       ``(II) involve multiple stakeholders and will ensure the 
     highest level of participation by producers and landowners in 
     the area through performance incentives to encourage adoption 
     of specific practices in specific locations;
       ``(III) will result in the inclusion of the highest 
     percentage of working agricultural land in the area;
       ``(IV) will result in the highest percentage of on-the-
     ground activities as compared to administrative costs;
       ``(V) will provide the greatest contribution to sustaining 
     or enhancing agricultural or silvicultural production in the 
     area; and
       ``(VI) include performance measures that will allow post-
     activity conditions to be satisfactorily measured to gauge 
     overall effectiveness.

       ``(iv) Identification of water quality and water quantity 
     priority areas.--

       ``(I) In general.--Subject to subclause (II), the Secretary 
     shall identify areas in which protecting or improving water 
     quality or water quantity is a priority.
       ``(II) Mandatory inclusions.--The Secretary shall include 
     in any identification of areas under subclause (I)--

       ``(aa) the Chesapeake Bay;
       ``(bb) the Upper Mississippi River basin;
       ``(cc) the greater Everglades ecosystem;
       ``(dd) the Klamath River basin;
       ``(ee) the Sacramento/San Joaquin River watershed;
       ``(ff) the Mobile River basin;
       ``(gg) the Puget Sound; and
       ``(hh) the Ogallala Aquifer.

       ``(III) Funding.--The Secretary shall reserve for use in 
     areas identified under this clause not more than 50 percent 
     of amounts made available for regional water enhancement 
     activities under this paragraph.

       ``(E) Agreements.--Not later than 30 days after the date on 
     which the Secretary awards an agreement under subparagraph 
     (D), the Secretary shall enter into an agreement with the 
     eligible partner that, at a minimum, contains--
       ``(i) a description of the respective duties and 
     responsibilities of the Secretary and the eligible partner in 
     carrying out the activities in the area; and
       ``(ii) the criteria that the Secretary will use to evaluate 
     the overall effectiveness of the regional water enhancement 
     activities funded by the multiyear agreement in improving the 
     water quality or quantity conditions of the region relative 
     to the performance measures in the proposal.
       ``(F) Contracts with other parties.--An agreement awarded 
     under subparagraph (D) may provide for the use of third-party 
     providers (including other eligible partners) to undertake 
     specific regional water enhancement activities in a region on 
     a contractual basis with the Secretary or the eligible 
     partner.
       ``(G) Consultation with other agencies.--With respect to 
     areas in which a Federal or State agency is, or will be, 
     undertaking other water quality or quantity-related 
     activities, the Secretary and the eligible partner may 
     consult with the Federal or State agency in order to--
       ``(i) coordinate activities;
       ``(ii) avoid duplication; and
       ``(iii) ensure that water quality or quantity improvements 
     attributable to the other activities are taken into account 
     in the evaluation of the Secretary under subparagraph 
     (E)(ii).
       ``(H) Relationship to other programs.--The Secretary shall 
     ensure that, to the extent that producers and landowners are 
     individually participating in other programs under subtitle D 
     in a region in which a regional water enhancement project is 
     in effect, any improvements to water quality or water 
     quantity attributable to the individual participation are 
     included in the evaluation criteria developed under 
     subparagraph (E)(ii).
       ``(I) Consistency with state law.--Any water quality or 
     water quantity improvement activity undertaken under this 
     paragraph shall be consistent with State water laws.
       ``(7) Duration.--
       ``(A) In general.--Multiyear agreements under this 
     subsection shall be for a period not to exceed 5 years.
       ``(B) Early termination.--The Secretary may terminate a 
     multiyear agreement before the end of the agreement if the 
     Secretary determines that performance measures are not being 
     met.
       ``(8) Funding.--
       ``(A) Set aside.--
       ``(i) In general.--Of the funds provided for each of fiscal 
     years 2008 through 2012 to carry out the conservation 
     programs in subtitle D (excluding the conservation reserve 
     program, the conservation security program, the conservation 
     stewardship program, and the wetlands reserve program), the 
     Secretary shall reserve 10 percent for use for activities 
     under this section.
       ``(ii) Conservation stewardship program.--Of the acres 
     allocated for the conservation stewardship program for each 
     of fiscal years 2008 through 2012, the Secretary shall 
     reserve 10 percent for use for activities under this section.
       ``(B) State projects.--Of the funds and acres allocated to 
     each State in each fiscal year by the Secretary to carry out 
     conservation programs under this subsection, not more than 15 
     percent may be used by the appropriate State Conservationist 
     to carry out special projects (excluding regional water 
     enhancement projects) that are authorized under this 
     subsection.
       ``(C) Partners.--Overhead or administrative costs of 
     partners may not be covered by funds provided through this 
     subsection.
       ``(D) Unused funding.--Any funds made available, and any 
     acres reserved, for a fiscal year under subparagraph (A) that 
     are not obligated or enrolled by April 1 of the fiscal year 
     may be used to carry out other activities under conservation 
     programs under subtitle D during the fiscal year in which the 
     funding becomes available.''.
                                 ______
                                 
  SA 3773. Mr. KOHL (for himself, Ms. Snowe, and Mr. Leahy) 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, insert the following:

                 TITLE XIII--HOUSING ASSISTANCE COUNCIL

     SEC. 13001. SHORT TITLE.

       This title may be cited as the ``Housing Assistance Council 
     Authorization Act of 2007''.

     SEC. 13002. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.

       (a) Use.--The Secretary of Housing and Urban Development 
     may provide financial assistance to the Housing Assistance 
     Council for use by such Council to develop the ability and 
     capacity of community-based housing development organizations 
     to undertake community development and affordable housing 
     projects and programs in rural areas. Assistance provided by 
     the Secretary under this section may be used by the Housing 
     Assistance Council for--
       (1) technical assistance, training, support, and advice to 
     develop the business and administrative capabilities of rural 
     community-based housing development organizations;
       (2) loans, grants, or other financial assistance to rural 
     community-based housing development organizations to carry 
     out community development and affordable housing activities 
     for low- and moderate-income families; and
       (3) such other activities as may be determined by the 
     Housing Assistance Council.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated for financial assistance under this 
     section for the Housing Assistance Council--
       (1) $10,000,000 for fiscal year 2008; and
       (2) $15,000,000 for each of fiscal years 2009 and 2010.

     SEC. 13003. AUDITS AND REPORTS.

       (a) Audit.--In any year in which the Housing Assistance 
     Council receives funds under this title, the Comptroller 
     General of the United States shall--
       (1) audit the financial transactions and activities of such 
     Council only with respect to such funds so received; and
       (2) submit a report detailing such audit to the Committee 
     on Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives.
       (b) GAO Report.--The Comptroller General of the United 
     States shall conduct a

[[Page S14564]]

     study and submit a report to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representative on the use 
     of any funds appropriated to the Housing Assistance Council 
     over the past 10 years.

     SEC. 13004. PERSONS NOT LAWFULLY PRESENT IN THE UNITED 
                   STATES.

       None of the funds made available under this title may be 
     used to provide direct housing assistance to any person not 
     lawfully present in the United States.

     SEC. 13005. LIMITATION ON USE OF AUTHORIZED AMOUNTS.

       None of the amounts authorized by this title may be used to 
     lobby or retain a lobbyist for the purpose of influencing a 
     Federal, State, or local governmental entity or officer.
                                 ______
                                 
  SA 3774. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 4156, making emergency supplemental 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SAFE REDEPLOYMENT OF UNITED STATES TROOPS FROM IRAQ.

       (a) Transition of Mission.--The President shall promptly 
     transition the mission of the United States Armed Forces in 
     Iraq to the limited and temporary purposes set forth in 
     subsection (d).
       (b) Commencement of Safe, Phased Redeployment From Iraq.--
     The President shall commence the safe, phased redeployment of 
     members of the United States Armed Forces from Iraq who are 
     not essential to the limited and temporary purposes set forth 
     in subsection (d). Such redeployment shall begin not later 
     than 90 days after the date of the enactment of this Act, and 
     shall be carried out in a manner that protects the safety and 
     security of United States troops.
       (c) Use of Funds.--No funds appropriated or otherwise made 
     available under any provision of law may be obligated or 
     expended to continue the deployment in Iraq of members of the 
     United States Armed Forces after June 30, 2008.
       (d) Exception for Limited and Temporary Purposes.--The 
     prohibition under subsection (c) shall not apply to the 
     obligation or expenditure of funds for the following limited 
     and temporary purposes:
       (1) To conduct targeted operations, limited in duration and 
     scope, against members of al Qaeda and affiliated 
     international terrorist organizations.
       (2) To provide security for United States Government 
     personnel and infrastructure.
       (3) To provide training to members of the Iraqi Security 
     Forces who have not been involved in sectarian violence or in 
     attacks upon the United States Armed Forces, provided that 
     such training does not involve members of the United States 
     Armed Forces taking part in combat operations or being 
     embedded with Iraqi forces.
       (4) To provide training, equipment, or other material to 
     members of the United States Armed Forces to ensure, 
     maintain, or improve their safety and security.
                                 ______
                                 
  SA 3775. Mr. KYL (for himself and 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 1072, after line 25, add the following:

     SEC. 8203. STEWARDSHIP END-RESULT CONTRACTING PROJECTS.

       Section 8 of the Cooperative Forestry Assistance Act of 
     1978 (16 U.S.C. 2104) is amended--
       (1) by redesignating subsection (h) as subsection (j) and 
     moving that subsection so as to appear at the end of the 
     section; and
       (2) by inserting after subsection (g) the following:
       ``(h) Cancellation or Termination Costs.--
       ``(1) In general.--Notwithstanding section 304B of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 254c), the Secretary is not required to obligate funds 
     to cover the cost of cancelling a Forest Service stewardship 
     multiyear contract under section 347 of the Department of the 
     Interior and Related Agencies Appropriations Act, 1999 (16 
     U.S.C. 2104 note; section 101(e) of division A of Public Law 
     105-277) until the contract is cancelled.
       ``(2) Funding sources.--The costs of any cancellation or 
     termination of a multiyear stewardship contract described in 
     paragraph (1) may be paid from--
       ``(A) appropriations originally made available for the 
     performance of the contract concerned;
       ``(B) appropriations currently available for procurement of 
     the type of service concerned, and not otherwise obligated; 
     or
       ``(C) funds appropriated for payments for that performance 
     or procurement.
       ``(3) Anti-deficiency act violations.--In a case in which 
     payment or obligation of funds under this subsection would 
     constitute a violation of section 1341 of title 31, United 
     States Code (commonly known as the `Anti-Deficiency Act'), 
     the Secretary may--
       ``(A) seek a supplemental appropriation; or
       ``(B) request funds from the permanent judgment 
     appropriation established pursuant to section 1304 of title 
     31, United States Code.''.
       On page 1237, strike lines 9 through 18 and insert the 
     following:
       ``(B)Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $10,000,000 for each of fiscal years 2008 through 2012.''
                                 ______
                                 
  SA 3776. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 11072. PROHIBITIONS ON DOG FIGHTING VENTURES.

       (a) In General.--Section 26 of the Animal Welfare Act (7 
     U.S.C. 2156) is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``any person to knowingly sponsor'' and 
     inserting ``any person--
       ``(A) to knowingly sponsor'';
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (C) by adding at the end the following:
       ``(B) to knowingly sponsor or exhibit an animal in a dog 
     fighting venture.'';
       (2) in subsection (b)--
       (A) by striking ``any person to knowingly sell'' and 
     inserting ``any person--
       ``(1) to knowingly sell'';
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (C) by adding at the end the following:
       ``(2) to knowingly sell, buy, possess, train, transport, 
     deliver, or receive for purposes of transportation, any dog 
     or other animal, for the purposes of having the dog or other 
     animal, or offspring of the dog or other animal, participate 
     in a dog fighting venture.'';
       (3) in the last sentence of subsection (f), by striking 
     ``by the United States''; and
       (4) in subsection (g)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) by redesignating paragraph (6) as paragraph (7); and
       (C) by inserting after paragraph (5) the following:
       ``(6) the term `dog fighting venture'--
       ``(A) means any event that--
       ``(i) involves a fight between at least 2 animals;
       ``(ii) includes at least 1 dog; and
       ``(iii) is conducted for purposes of sport, wagering, or 
     entertainment; and
       ``(B) does not include any activity the primary purpose of 
     which involves the use of 1 or more animals to hunt another 
     animal; and''.
       (b) Enforcement of Animal Fighting Prohibitions.--Section 
     49 of title 18, United States Code, is amended to read as 
     follows:

     ``Sec. 49. Enforcement of animal fighting prohibitions

       ``(a) Animal Fighting Ventures.--Whoever violates 
     subsection (a)(1)(A), (b)(1), (c), or (e) of section 26 of 
     the Animal Welfare Act (7 U.S.C. 2156) shall be fined under 
     this title, imprisoned for not more than 3 years, or both, 
     for each violation.
       ``(b) Dog Fighting Ventures.--Whoever violates subsection 
     (a)(1)(B) or (b)(2) of section 26 of the Animal Welfare Act 
     shall be fined under this title, imprisoned for not more than 
     5 years, or both, for each violation.''.
                                 ______
                                 
  SA 3774. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 4156, making emergency supplemental 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SAFE REDEPLOYMENT OF UNITED STATES TROOPS FROM IRAQ.

       (a) Transition of Mission.--The President shall promptly 
     transition the mission of the United States Armed Forces in 
     Iraq to the limited and temporary purposes set forth in 
     subsection (d).
       (b) Commencement of Safe, Phased Redeployment From Iraq.--
     The President shall commence the safe, phased redeployment of 
     members of the United States Armed Forces from Iraq who are 
     not essential to the limited and temporary purposes set forth 
     in subsection (d). Such redeployment shall begin not later 
     than 90 days after the date of the enactment of this Act, and 
     shall be carried out in a manner that protects the safety and 
     security of United States troops.
       (c) Use of Funds.--No funds appropriated or otherwise made 
     available under any provision of law may be obligated or 
     expended to continue the deployment in Iraq of members of the 
     United States Armed Forces after June 30, 2008.
       (d) Exception for Limited and Temporary Purposes.--The 
     prohibition under subsection (c) shall not apply to the 
     obligation or expenditure of funds for the following limited 
     and temporary purposes:
       (1) To conduct targeted operations, limited in duration and 
     scope, against members of al Qaeda and affiliated 
     international terrorist organizations.
       (2) To provide security for United States Government 
     personnel and infrastructure.

[[Page S14565]]

       (3) To provide training to members of the Iraqi Security 
     Forces who have not been involved in sectarian violence or in 
     attacks upon the United States Armed Forces, provided that 
     such training does not involve members of the United States 
     Armed Forces taking part in combat operations or being 
     embedded with Iraqi forces.
       (4) To provide training, equipment, or other material to 
     members of the United States Armed Forces to ensure, 
     maintain, or improve their safety and security.
                                 ______
                                 
  SA 3775. Mr. KYL (for himself and 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 1072, after line 25, add the following:

     SEC. 8203. STEWARDSHIP END-RESULT CONTRACTING PROJECTS.

       Section 8 of the Cooperative Forestry Assistance Act of 
     1978 (16 U.S.C. 2104) is amended--
       (1) by redesignating subsection (h) as subsection (j) and 
     moving that subsection so as to appear at the end of the 
     section; and
       (2) by inserting after subsection (g) the following:
       ``(h) Cancellation or Termination Costs.--
       ``(1) In general.--Notwithstanding section 304B of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 254c), the Secretary is not required to obligate funds 
     to cover the cost of cancelling a Forest Service stewardship 
     multiyear contract under section 347 of the Department of the 
     Interior and Related Agencies Appropriations Act, 1999 (16 
     U.S.C. 2104 note; section 101(e) of division A of Public Law 
     105-277) until the contract is cancelled.
       ``(2) Funding sources.--The costs of any cancellation or 
     termination of a multiyear stewardship contract described in 
     paragraph (1) may be paid from--
       ``(A) appropriations originally made available for the 
     performance of the contract concerned;
       ``(B) appropriations currently available for procurement of 
     the type of service concerned, and not otherwise obligated; 
     or
       ``(C) funds appropriated for payments for that performance 
     or procurement.
       ``(3) Anti-deficiency act violations.--In a case in which 
     payment or obligation of funds under this subsection would 
     constitute a violation of section 1341 of title 31, United 
     States Code (commonly known as the `Anti-Deficiency Act'), 
     the Secretary may--
       ``(A) seek a supplemental appropriation; or
       ``(B) request funds from the permanent judgment 
     appropriation established pursuant to section 1304 of title 
     31, United States Code.''.
       On page 1237, strike lines 9 through 18 and insert the 
     following:
       ``(B) Authorization of appropriations.--
       There is authorized to be appropriated to the Secretary to 
     carry out this section $10,000,000 for each of fiscal years 
     2008 through 2012.''
                                 ______
                                 
  SA 3776. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 11072. PROHIBITIONS ON DOG FIGHTING VENTURES.

       (a) In General.--Section 26 of the Animal Welfare Act (7 
     U.S.C. 2156) is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``any person to knowingly sponsor'' and 
     inserting ``any person--
       ``(A) to knowingly sponsor'';
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (C) by adding at the end the following:
       ``(B) to knowingly sponsor or exhibit an animal in a dog 
     fighting venture.'';
       (2) in subsection (b)--
       (A) by striking ``any person to knowingly sell'' and 
     inserting ``any person--
       ``(1) to knowingly sell'';
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (C) by adding at the end the following:
       ``(2) to knowingly sell, buy, possess, train, transport, 
     deliver, or receive for purposes of transportation, any dog 
     or other animal, for the purposes of having the dog or other 
     animal, or offspring of the dog or other animal, participate 
     in a dog fighting venture.'';
       (3) in the last sentence of subsection (f), by striking 
     ``by the United States''; and
       (4) in subsection (g) --
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) by redesignating paragraph (6) as paragraph (7); and
       (C) by inserting after paragraph (5) the following:
       ``(6) the term `dog fighting venture'--
       ``(A) means any event that--
       ``(i) involves a fight between at least 2 animals;
       ``(ii) includes at least 1 dog; and
       ``(iii) is conducted for purposes of sport, wagering, or 
     entertainment; and
       ``(B) does not include any activity the primary purpose of 
     which involves the use of 1 or more animals to hunt another 
     animal; and''.
       (b) Enforcement of Animal Fighting Prohibitions.--Section 
     49 of title 18, United States Code, is amended to read as 
     follows:

     ``Sec. 49. Enforcement of animal fighting prohibitions

       ``(a) Animal Fighting Ventures.--Whoever violates 
     subsection (a)(1)(A), (b)(1), (c), or (e) of section 26 of 
     the Animal Welfare Act (7 U.S.C. 2156) shall be fined under 
     this title, imprisoned for not more than 3 years, or both, 
     for each violation.
       ``(b) Dog Fighting Ventures.--Whoever violates subsection 
     (a)(1)(B) or (b)(2) of section 26 of the Animal Welfare Act 
     shall be fined under this title, imprisoned for not more than 
     5 years, or both, for each violation.''.
                                 ______
                                 
  SA 3777. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 3701 submitted by Mr. KYL (for himself and Mr. Allard) and 
intended to be proposed 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 lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 8203. STEWARDSHIP END-RESULT CONTRACTING PROJECTS.

       (a) Cancellation or Termination Costs.--Section 8 of the 
     Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2104) 
     is amended--
       (1) by redesignating subsection (h) as subsection (j) and 
     moving that subsection so as to appear at the end of the 
     section; and
       (2) by inserting after subsection (g) the following:
       ``(h) Cancellation or Termination Costs.--
       ``(1) In general.--Notwithstanding section 304B of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 254c), the Secretary is not required to obligate funds 
     to cover the cost of cancelling a Forest Service stewardship 
     multiyear contract under section 347 of the Department of the 
     Interior and Related Agencies Appropriations Act, 1999 (16 
     U.S.C. 2104 note; section 101(e) of division A of Public Law 
     105-277) until the contract is cancelled.
       ``(2) Funding sources.--The costs of any cancellation or 
     termination of a multiyear stewardship contract described in 
     paragraph (1) may be paid from--
       ``(A) appropriations originally made available for the 
     performance of the contract concerned;
       ``(B) appropriations currently available for procurement of 
     the type of service concerned, and not otherwise obligated; 
     or
       ``(C) funds appropriated for payments for that performance 
     or procurement.
       ``(3) Anti-deficiency act violations.--In a case in which 
     payment or obligation of funds under this subsection would 
     constitute a violation of section 1341 of title 31, United 
     States Code (commonly known as the `Anti-Deficiency Act'), 
     the Secretary may--
       ``(A) seek a supplemental appropriation; or
       ``(B) request funds from the permanent judgment 
     appropriation established pursuant to section 1304 of title 
     31, United States Code.''.
       (b) National Sheep and Goat Industry Improvement Center.--
     Section 375(e)(6) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 2008j(e)(6)) (as amended by section 
     10303(b)) is amended--
       (1) by striking subparagraph (B); and
       (2) by redesignating subparagraph (C) as subparagraph (B).
                                 ______
                                 
  SA 3778. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 3621 submitted by Mr. Coleman and intended to 
be proposed to the amendment SA 3500 proposed by Mr. Harkin (for 
himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 
2419, to provide for the continuation of agricultural programs through 
fiscal year 2012, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 2 of the amendment, strike lines 3 through 6 and 
     insert the following:
       ``(iv)(I) Except as provided in subclause (II), a payment 
     under the environmental quality incentives program 
     established under chapter 4 of subtitle D of title XII.
       ``(II) The Secretary may grant a waiver for the average 
     adjusted gross income limitation as applied to benefits under 
     subclause (I) and subparagraph (B) to owners of land in 
     agricultural uses if--

       ``(aa) the highest use land value of the land is at least 
     100 percent higher than the market value of an agricultural 
     land value appraisal on the same tract of land; and
       ``(bb) the State conservationist certifies that a qualified 
     appraisal has been carried out on the land, or a similar 
     tract of land, that demonstrates the disparity between the 
     agricultural and development values and certifies that 
     without participation in a conservation program described in 
     subclause (I) or subparagraph (B), the owner of the land 
     would be under significant development pressures that could 
     interfere with the agricultural and conservation uses of the 
     land.

                                 ______
                                 
  SA 3779. Mr. NELSON of Florida submitted an amendment intended to be

[[Page S14566]]

proposed to amendment SA 3559 submitted by Mr. Inouye (for himself and 
Mr. Akaka) and intended to be proposed to the amendment SA 3500 
proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. 
Grassley) to the bill H.R. 2419, to provide for the continuation of 
agricultural programs through fiscal year 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike lines 7 through 9 of the amendment and insert the 
     following:

     operation carried out in the State of Hawaii.
       ``(4) Waiver authority.--The Secretary may grant a waiver 
     for the average adjusted gross income limitation in paragraph 
     (1)(C) to owners of land in agricultural uses if--
       ``(A) the highest use land value of the land is at least 
     100 percent higher than the market value of an agricultural 
     land value appraisal on the same tract of land; and
       ``(B) the State conservationist certifies that--
       ``(i) a qualified appraisal has been carried out on the 
     land, or a similar tract of land, that demonstrates the 
     disparity between the agricultural and development values; 
     and
       ``(ii) without participation in a conservation program 
     described in paragraph (2)(B), the owner of the land would be 
     under significant development pressures that could interfere 
     with the agricultural and conservation uses of the land.
       ``(5) Income derived from farming, ranching, or forestry 
     operations.--In determining
                                 ______
                                 
  SA 3780. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 3665 submitted by Mr. Ensign and intented to 
be proposed 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 2 of the amendment, strike lines 1 through 11 and 
     insert the following:
       ``(B) Conservation programs.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, except as provided in clause (ii), an individual or 
     entity shall not be eligible to receive any benefit described 
     in paragraph (2)(B) during a crop year if the average 
     adjusted gross income of the individual or entity exceeds 
     $2,500,000, unless not less than 75 percent of the average 
     adjusted gross income of the individual or entity is derived 
     from farming, ranching, or forestry operations, as determined 
     by the Secretary.
       ``(ii) Waiver authority.--The Secretary may grant a waiver 
     for the average adjusted gross income limitation in clause 
     (i) to owners of land in agricultural uses if--

       ``(I) the highest use land value of the land is at least 
     100 percent higher than the market value of an agricultural 
     land value appraisal on the same tract of land; and
       ``(II) the State conservationist certifies that--

       ``(aa) a qualified appraisal has been carried out on the 
     land, or a similar tract of land, that demonstrates the 
     disparity between the agricultural and development values; 
     and
       ``(bb) without participation in a conservation program 
     described in paragraph (2)(B), the owner of the land would be 
     under significant development pressures that could interfere 
     with the agricultural and conservation uses of the land.
                                 ______
                                 
  SA 3781. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 3645 submitted by Mr. Ensign and intended to 
be proposed to the amendment SA 3500 proposed by Mr. Harkin (for 
himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 
2419, to provide for the continuation of agricultural programs through 
fiscal year 2012, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 2 of the amendment, strike line 1 and insert the 
     following:
       ``(B) Conservation programs.--
       ``(i) Waiver authority.--The Secretary may grant a waiver 
     for the average adjusted gross income limitation in clause 
     (ii) to owners of land in agricultural uses if--

       ``(I) the highest use land value of the land is at least 
     100 percent higher than the market value of an agricultural 
     land value appraisal on the same tract of land; and
       ``(II) the State conservationist certifies that--

       ``(aa) a qualified appraisal has been carried out on the 
     land, or a similar tract of land, that demonstrates the 
     disparity between the agricultural and development values; 
     and
       ``(bb) without participation in a conservation program 
     described in paragraph (2)(B), the owner of the land would be 
     under significant development pressures that could interfere 
     with the agricultural and conservation uses of the land.
       ``(ii) Limitation.--Not-
                                 ______
                                 
  SA 3782. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 3764 submitted by Ms. Klobuchar (for herself, Mr. 
Durbin, and Mr. Brown) and intended to be proposed to the amendment SA 
3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, 
and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:
       (3) Extensions.--Notwithstanding any other provision of 
     this Act, or an amendment made by this Act--
       (A) the authority to carry out the grassland reserve 
     program established under subchapter C of chapter 2 of 
     subtitle D of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3838n et seq.), is extended through September 30, 
     2017;
       (B) the authority to carry out the provision of assistance 
     for community food projects under section 25 of the Food and 
     Nutrition Act of 2007 (7 U.S.C. 2034) (as amended by section 
     4801(g)), is extended through September 30, 2016;
       (C) the authority to carry out the beginning farmer and 
     rancher individual development accounts pilot program 
     established under section 333B of the Consolidated Farm and 
     Rural Development Act (as added by section 5201), is extended 
     through September 30, 2017;
       (D) the authority to carry out the program of grants to 
     encourage State initiatives to improve broadband service 
     established under section 6202, is extended through September 
     30, 2017;
       (E) the authority to carry out the organic agriculture 
     research and extension initiative established under section 
     1672B of the Food, Agriculture, Conservation, and Trade Act 
     of 1990 (7 U.S.C. 5925b) (as amended by section 7104), is 
     extended through September 30, 2014;
       (F) the authority to carry out the beginning farmer and 
     rancher development program established under section 7405 of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     3319f) (as amended by section 7309), is extended through 
     September 30, 2017;
       (G) the authority to carry out the biomass crop transition 
     assistance program established under subsections (b) and (c) 
     of section 9004 of the Farm Security and Rural Investment Act 
     of 2002 (as amended by section 9001), is extended through 
     September 30, 2012; and
       (H) the authority to carry out the Rural Energy for America 
     Program established under section 9007 of the Farm Security 
     and Rural Investment Act of 2002 (as amended by section 
     9001), is extended through September 30, 2012.
                                 ______
                                 
  SA 3783. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 3765 submitted by Ms. Klobuchar (for herself, Mr. 
Durbin, and Mr. Brown) and intended to be proposed to the amendment SA 
3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, 
and Mr. Grassley) to the bill H.R. 2419, to provide for the 
continuation of agricultural programs through fiscal year 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:
       (3) Extensions.--Notwithstanding any other provision of 
     this Act, or an amendment made by this Act--
       (A) the authority to carry out the grassland reserve 
     program established under subchapter C of chapter 2 of 
     subtitle D of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3838n et seq.), is extended through September 30, 
     2017;
       (B) the authority to carry out the provision of assistance 
     for community food projects under section 25 of the Food and 
     Nutrition Act of 2007 (7 U.S.C. 2034) (as amended by section 
     4801(g)), is extended through September 30, 2016;
       (C) the authority to carry out the beginning farmer and 
     rancher individual development accounts pilot program 
     established under section 333B of the Consolidated Farm and 
     Rural Development Act (as added by section 5201), is extended 
     through September 30, 2017;
       (D) the authority to carry out the program of grants to 
     encourage State initiatives to improve broadband service 
     established under section 6202, is extended through September 
     30, 2017;
       (E) the authority to carry out the organic agriculture 
     research and extension initiative established under section 
     1672B of the Food, Agriculture, Conservation, and Trade Act 
     of 1990 (7 U.S.C. 5925b) (as amended by section 7104), is 
     extended through September 30, 2014;
       (F) the authority to carry out the beginning farmer and 
     rancher development program established under section 7405 of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     3319f) (as amended by section 7309), is extended through 
     September 30, 2017;
       (G) the authority to carry out the biomass crop transition 
     assistance program established under subsections (b) and (c) 
     of section 9004 of the Farm Security and Rural Investment Act 
     of 2002 (as amended by section 9001), is extended through 
     September 30, 2012; and
       (H) the authority to carry out the Rural Energy for America 
     Program established under section 9007 of the Farm Security 
     and Rural Investment Act of 2002 (as amended by section 
     9001), is extended through September 30, 2012.

[[Page S14567]]



                          ____________________