[Congressional Record (Bound Edition), Volume 153 (2007), Part 25]
[Senate]
[Pages 34479-34527]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3853. Mr. SCHUMER (for Mr. Dodd (for himself and Mr. Shelby)) 
proposed an amendment to the bill S. 2338, to modernize and update the 
National Housing Act and enable the Federal Housing Administration to 
more effectively reach underserved borrowers, and for other purposes; 
as follows:

       At the end of title I, insert the following:

     SEC. 123. MORATORIUM ON IMPLEMENTATION OF RISK-BASED 
                   PREMIUMS.

       For the 12-month period beginning on the date of enactment 
     of this Act, the Secretary of Housing and Urban Development 
     shall not enact, execute, or take any action to make 
     effective the planned implementation of risk-based premiums, 
     which are designed for mortgage lenders to offer borrowers an 
     FHA-insured product that provides a range of mortgage 
     insurance premium pricing, based on the risk the insurance 
     contract represents, as such planned implementation was set 
     forth in the Notice published in the Federal Register on 
     September 20, 2007 (Vol. 72, No. 182, Page 53872).
                                 ______
                                 
  SA 3854. Mr. COBURN proposed an amendment to the bill S. 2338, to 
modernize and update the National Housing Act and enable the Federal 
Housing Administration to more effectively reach underserved borrowers, 
and for other purposes; as follows:

       On page 20, between lines 18 and 19, insert the following:
       (e) Effective Date.--The amendment made by subsection 
     (a)(2)(A) shall not take effect until the study and report 
     required under subsection (d) has been submitted to Congress.
                                 ______
                                 
  SA 3855. Mr. HARKIN (for himself and Mr. Chambliss) proposed an 
amendment to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. 
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to 
provide for the continuation of agricultural programs through fiscal 
year 2012, and for other purposes; as follows:

       On page 884, line 16, strike ``or''.
       On page 884, between lines 16 and 17, insert the following:
       ``(6) competitive grants, for public television stations or 
     a consortium of public television stations, to provide 
     education, outreach, and assistance, in cooperation with 
     community groups, to rural communities and vulnerable 
     populations with respect to the digital television 
     transition, and particularly the acquisition, delivery, and 
     installation of the digital-to-analog converter boxes 
     described in section 3005 of the Digital Television 
     Transition and Public Safety Act of 2005 (47 U.S.C. 309 
     note); or
       On page 884, line 17, strike ``(6)'' and insert ``(7)''.
       On page 652, between lines 14 and 15, insert the following:

     SEC. 440_. SENSE OF CONGRESS REGARDING NUTRITION EDUCATION 
                   UNDER THE FOOD AND NUTRITION PROGRAM.

       (a) Findings.--Congress finds that--
       (1) nutrition education under the Food and Nutrition Act of 
     2007 (7 U.S.C. 2011 et seq.) plays an essential role in 
     improving the dietary and physical activity practices of low-
     income people in the United States, helping to reduce food 
     insecurity, prevent obesity, and reduce the risks of chronic 
     disease;
       (2) expert organizations, such as the Institute of 
     Medicine, indicate that dietary and physical activity 
     behavior change is more likely to result from the combined 
     application of public health approaches and education than 
     from education alone; and
       (3) State programs are implementing nutrition education 
     using effective strategies, including direct education, group 
     activities, and social marketing.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Secretary should support and encourage effective 
     interventions for nutrition education under the Food and 
     Nutrition Act of 2007 (7 U.S.C. 2011 et seq.), including 
     coordination with public health approaches and traditional 
     education, to increase the likelihood that recipients of food 
     and nutrition program benefits and people who are potentially 
     eligible for those benefits will choose diets and physical 
     activity practices consistent with the Dietary Guidelines for 
     Americans;
       (2) to promote the most effective implementation of 
     publicly-funded programs, State nutrition education 
     activities under the Food and Nutrition Act of 2007 (7 U.S.C. 
     2011 et seq.)--
       (A) should be coordinated with other federally-funded food 
     assistance and public health programs; and
       (B) should leverage public/private partnerships to maximize 
     the resources and impact of the programs; and
       (3) funds provided under the Food and Nutrition Act of 2007 
     (7 U.S.C. 2011 et seq.) for nutrition education should be 
     used only for activities that promote diets and physical 
     activity consistent with the Dietary Guidelines for Americans 
     among--
       (A) recipients of food and nutrition program benefits; and
       (B) people who are potentially eligible for those benefits.
       On page 626, line 7, insert ``(including childhood 
     obesity)'' after ``obesity''.
       In section 4802(c)(1)(B), strike ``and'' at the end.
       In section 4802(c)(2), strike the period at the end and 
     insert ``; and''.
       In section 4802(c), add at the end the following:
       (3) in subsection (g)--
       (A) by striking ``If a local'' and inserting the following:
       ``(1) In general.--If a local''; and
       (B) by adding at the end the following:
       ``(2) State option.--Subject to a determination by the 
     Secretary that annual appropriations have enabled every State 
     seeking to participate in the commodity supplemental food 
     program to participate in that program, a State may serve 
     low-income persons aged 60 and older that have a household 
     income that is not more than 185 percent of the most recent 
     annual Federal Poverty Income Guidelines published by the 
     Department of Health and Human Services, if--

[[Page 34480]]

       ``(A) the State has submitted to the Secretary 
     justification for that service; and
       ``(B) the Secretary has approved the request of the 
     State.''.
       Beginning on page 672, strike line 7 and all that follows 
     through page 673, line 4, and insert the following:

     SEC. 4904. BUY AMERICAN REQUIREMENTS.

       (a) Findings.--Congress finds the following:
       (1) Federal law requires that commodities and products 
     purchased with Federal funds be, to the extent practicable, 
     of domestic origin.
       (2) Federal Buy American statutory requirements seek to 
     ensure that purchases made with Federal funds benefit 
     domestic producers.
       (3) The Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.) requires the use of domestic food 
     products for all meals served under the program, including 
     foods products for all meals served under the program, 
     including foods products purchased with local funds.
       (b) Buy American Statutory Requirements.--The Department of 
     Agriculture should undertake training, guidance, and 
     enforcement of the various current Buy American statutory 
     requirements and regulations, including those of the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 
     and the Department of Defense fresh fruit and vegetable 
     distribution program.
       At the end of subtitle C of title III, add the following:

     SEC. 32__. IMPORTATION OF LIVE DOGS.

       (a) In General.--The Animal Welfare Act is amended by 
     adding after section 17 (7 U.S.C. 2147) the following:

     ``SEC. 18. IMPORTATION OF LIVE DOGS.

       ``(a) Definitions.--In this section:
       ``(1) Importer.--The term `importer' means any person who, 
     for purposes of resale, transports into the United States 
     puppies from a foreign country.
       ``(2) Resale.--The term `resale' includes any transfer of 
     ownership or control of an imported dog of less than 6 months 
     of age to another person, for more than de minimis 
     consideration.
       ``(b) Requirements.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     person shall import a dog into the United States for purposes 
     of resale unless, as determined by the Secretary, the dog--
       ``(A) is in good health;
       ``(B) has received all necessary vaccinations; and
       ``(C) is at least 6 months of age, if imported for resale.
       ``(2) Exception.--The Secretary, by regulation, shall 
     provide an exception to any requirement under paragraph (1) 
     in any case in which a dog is imported for--
       ``(A) research purposes; or
       ``(B) veterinary treatment.
       ``(c) Implementation and Regulations.--The Secretary, the 
     Secretary of Health and Human Services, the Secretary of 
     Commerce, and the Secretary of Homeland Security shall 
     promulgate such regulations as the Secretaries determine to 
     be necessary to implement and enforce this section.
       ``(d) Enforcement.--An importer that fails to comply with 
     this section shall--
       ``(1) be subject to penalties under section 19; and
       ``(2) provide for the care (including appropriate 
     veterinary care), forfeiture, and adoption of each applicable 
     dog, at the expense of the importer.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on the date of enactment of this Act.
       On page 1290, strike lines 9 through 20 and insert the 
     following:
       ``(1) In general.--Effective beginning on the date of 
     enactment of this subsection, there shall be in effect a 
     moratorium on all loan acceleration and foreclosure 
     proceedings instituted by the Department of Agriculture 
     against any farmer or rancher who--
       ``(A) has pending against the Department a claim of 
     discrimination; or
       ``(B) files a claim of discrimination against the 
     Department.
       On page 160, line 12, strike ``improve'' and insert 
     ``further strengthen''.
       On page 160, line 17, after ``sugar policies'' insert ``, 
     to the fullest extent consistent with the international 
     obligations of the United States''.
       On page 160, lines 20 and 21, strike ``United States sugar 
     market and the Mexican sugar market'' and insert ``United 
     States and Mexican sweetener markets''.
       On page 160, line 24, after ``Mexico'' insert ``, while 
     supporting the interests of corn growers, corn refiners, and 
     sweetener users in both markets''.
       At the appropriate place in subtitle G of title I, insert 
     the following:

     SEC. 19__. MALTING BARLEY.

       Section 508(m) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(m)) is amended by adding at the end the following:
       ``(5) Special provisions for malting barley.--The 
     Corporation shall promulgate special provisions under this 
     subsection specific to malting barley, taking into 
     consideration any changes in quality factors, as required by 
     applicable market conditions.''.

                      Subtitle F--Specialty crops

                               Subtitle F

       Durbin amendment--strikes MAP preferences, agreed by 
     Senator Stabenow and Specialty Crop Alliance

     SECTION 1832. MARKET ACCESS PROGRAM.

       Page 241, Strike lines 17-25.
       Page 242, Strike lines 1-17.
       Baucus-Stabenow amendment--removes language under the 
     jurisdiction of the Senate Finance Committee

     SECTION 1834. CONSULTATIONS ON SANITARY AND PHYTOSANITARY 
                   RESTRICTIONS FOR FRUITS AND VEGETABLES.

       On page 244, strike lines 15-26.
       On page 245, strike lines 1-16.
       On page 1129, strike lines 16 through 22 and insert the 
     following:
       ``(1) Commodity credit corporation.--Of the funds of the 
     Commodity Credit Corporation, the Secretary shall make 
     available $230,000,000 to carry out subsections (b), (c), and 
     (d) for fiscal year 2008, to remain available until expended, 
     of which--
       ``(A) not less than 5 percent shall be used to carry out 
     subsection (b); and
       ``(B) not less than 15 percent shall be used to carry out 
     subsection (d).''.
       At the end of subtitle F of title VII, add the following:

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

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

                   Subtitle A--Agricultural Security

     SEC. 11011. DEFINITIONS.

       In this subtitle:
       (1) Agent.--The term ``agent'' means a chemical, 
     biological, radiological, or nuclear substance that causes an 
     agricultural disease or adulteration of food products under 
     the jurisdiction of the Department.
       (2) Agricultural biosecurity.--The term ``agricultural 
     biosecurity'' means protection from an agent that poses a 
     threat to--
       (A) plant or animal health;
       (B) public health, with respect to direct exposure to an 
     agricultural disease; or
       (C) the environment, with respect to agriculture 
     facilities, farmland, air, and water in the immediate 
     vicinity of an area associated with an agricultural disease 
     or outbreak.
       (3) Agricultural countermeasure.--
       (A) In general.--The term ``agricultural countermeasure'' 
     means a product, practice, or technology that is intended to 
     enhance or maintain the agricultural biosecurity of the 
     United States.
       (B) Exclusions.--The term ``agricultural countermeasure'' 
     does not include any product, practice, or technology used 
     solely for human medical incidents or public health 
     emergencies not related to agriculture.
       (4) Agricultural disease.--The term ``agricultural 
     disease'' has the meaning given the term by the Secretary.
       (5) Agriculture.--The term ``agriculture'' means--
       (A) the science and practice of activities relating to 
     food, feed, fiber, and energy production, processing, 
     marketing, distribution, use, and trade;
       (B) nutrition, food science and engineering, and 
     agricultural economics;
       (C) forestry, wildlife science, fishery science, 
     aquaculture, floriculture, veterinary medicine, and other 
     related natural resource sciences; and
       (D) research and development activities relating to plant- 
     and animal-based products carried out by the Department.
       (6) Agroterrorist act.--The term ``agroterrorist act'' 
     means an act that--
       (A) causes or attempts to cause--
       (i) damage to agriculture; or

[[Page 34481]]

       (ii) injury to a person associated with agriculture; and
       (B) is committed--
       (i) to intimidate or coerce; or
       (ii) to disrupt the agricultural industry.
       (7) Animal.--The term ``animal'' means any member of the 
     animal kingdom (except a human).
       (8) Department.--The term ``Department'' means the 
     Department of Agriculture.
       (9) Development.--The term ``development'' means--
       (A) research leading to the identification of products or 
     technologies intended for use as agricultural 
     countermeasures;
       (B) the formulation, production, and subsequent 
     modification of those products or technologies;
       (C) the conduct of preclinical and clinical in vivo and in 
     vitro studies;
       (D) the conduct of field, efficacy, and safety studies;
       (E) the preparation of an application for marketing 
     approval for submission to applicable agencies; and
       (F) other actions taken by an applicable agency in a case 
     in which an agricultural countermeasure is procured or used 
     prior to issuance of a license or other form of approval.
       (10) Plant.--
       (A) In general.--The term ``plant'' means any plant 
     (including any plant part) for or capable of propagation.
       (B) Inclusions.--The term ``plant'' includes--
       (i) a tree;
       (ii) a tissue culture;
       (iii) a plantlet culture;
       (iv) pollen;
       (v) a shrub;
       (vi) a vine;
       (vii) a cutting;
       (viii) a graft;
       (ix) a scion;
       (x) a bud;
       (xi) a bulb;
       (xii) a root; and
       (xiii) a seed.
       (11) Qualified agricultural countermeasure.--The term 
     ``qualified agricultural countermeasure'' means an 
     agricultural countermeasure that the Secretary, in 
     consultation with the Secretary of Homeland Security, 
     determines to be a priority in order to address an 
     agricultural biosecurity threat from--
       (A) an agent placed on the Select Agents and Toxins list of 
     the Department;
       (B) an agent placed on the Plant Protection and Quarantine 
     Select Agents and Toxins list of the Department; or
       (C) an applicable agent placed on the Overlap Select Agents 
     and Toxins list of the Department and the Department of 
     Health and Human Services, in accordance with--
       (i) part 331 of title 7, Code of Federal Regulations; and
       (ii) part 121 of title 9, Code of Federal Regulations.

     SEC. 11012. NATIONAL PLANT DISEASE RECOVERY SYSTEM AND 
                   NATIONAL VETERINARY STOCKPILE.

       (a) National Plant Disease Recovery System.--
       (1) Establishment.--The Secretary, in coordination with the 
     Secretary of Homeland Security, and in consultation with the 
     Administrator of the Environmental Protection Agency, shall 
     work with State and local governments and the private sector 
     to establish a national plant disease recovery system to be 
     used to respond to an outbreak of plant disease that poses a 
     significant threat to agricultural biosecurity.
       (2) Requirements.--The national plant disease recovery 
     system shall include agricultural countermeasures to be made 
     available within a single growing season for crops of 
     particular economic significance, as determined by the 
     Secretary, in coordination with the Secretary of Homeland 
     Security.
       (b) National Veterinary Stockpile.--The Secretary, in 
     coordination with the Secretary of Homeland Security, and in 
     consultation with the Secretary of Health and Human Services 
     and the Administrator of the Environmental Protection Agency, 
     shall work with State and local governments and the private 
     sector to establish a national veterinary stockpile, which 
     shall be used by the Secretary, in coordination with the 
     Secretary of Homeland Security to make agricultural 
     countermeasures available to any State veterinarian not later 
     than 24 hours after submission of an official request for 
     assistance by the State veterinarian, unless the Secretary 
     and the Secretary of Homeland Security cannot accommodate 
     such a request due to an emergency, lack of available 
     resources, or other reason for disapproval of the request as 
     determined the Secretary.

     SEC. 11013. RESEARCH AND DEVELOPMENT OF AGRICULTURAL 
                   COUNTERMEASURES.

       (a) Grant Program.--
       (1) In general.--The Secretary shall establish a grant 
     program to stimulate basic and applied research and 
     development activity for qualified agricultural 
     countermeasures.
       (2) Competitive grants.--In carrying out this section, the 
     Secretary shall develop a process through which to award 
     grants on a competitive basis.
       (3) Waiver in emergencies.--The Secretary may waive the 
     requirement in paragraph (2), if--
       (A) the Secretary has declared a plant or animal disease 
     emergency under the Plant Protection Act (7 U.S.C. 7701 et 
     seq.) or the Animal Health Protection Act (7 U.S.C. 8301 et 
     seq.); and
       (B) the waiver would lead to the rapid development of a 
     qualified agricultural countermeasure, as determined by the 
     Secretary.
       (b) Use of Foreign Disease Permissible.--The Secretary may 
     permit the use of foreign animal and plant disease agents, 
     and accompanying data, in research and development activities 
     funded under this section if the Secretary determines that 
     the diseases or data are necessary to demonstrate the safety 
     and efficacy of an agricultural countermeasure in 
     development.
       (c) Coordination on Advanced Development.--The Secretary 
     shall ensure that the Secretary of Homeland Security is 
     provided information, on a quarterly basis, describing each 
     grant provided by the Secretary for the purpose of 
     facilitating the acceleration and expansion of the advanced 
     development of agricultural countermeasures.
       (d) Scope.--Nothing in this section impedes the ability of 
     the Secretary of Homeland Security to administer grants for 
     basic and applied research and advanced development 
     activities for qualified agricultural countermeasures.
       (e) 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.

     SEC. 11014. VETERINARY WORKFORCE GRANT PROGRAM.

       (a) In General.--The Secretary shall establish a grant 
     program to increase the number of veterinarians trained in 
     agricultural biosecurity.
       (b) Considerations for Funding Awarded.--The Secretary 
     shall establish procedures to ensure that grants are 
     competitively awarded under the program based on--
       (1) the ability of an applicant to increase the number of 
     veterinarians who are trained in agricultural biosecurity 
     practice areas determined by the Secretary;
       (2) the ability of an applicant to increase research 
     capacity in areas of agricultural biosecurity determined by 
     the Secretary to be a priority; or
       (3) any other consideration the Secretary determines to be 
     appropriate.
       (c) Use of Funds.--Amounts received under this section may 
     be used by a grantee to pay--
       (1) costs associated with construction and the acquisition 
     of equipment, and other capital costs relating to the 
     expansion of schools of veterinary medicine, departments of 
     comparative medicine, departments of veterinary science, or 
     entities offering residency training programs; or
       (2) capital costs associated with the expansion of academic 
     programs that offer postgraduate training for veterinarians 
     or concurrent training for veterinary students in specific 
     areas of specialization.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary to carry out this section for each of fiscal years 
     2008 through 2012.

     SEC. 11015. ASSISTANCE TO BUILD LOCAL CAPACITY IN 
                   AGRICULTURAL BIOSECURITY PLANNING, 
                   PREPAREDNESS, AND RESPONSE.

       (a) Advanced Training Programs.--
       (1) Grant assistance.--The Secretary shall provide grant 
     assistance to support the development and expansion of 
     advanced training programs in agricultural biosecurity 
     planning and response for food science professionals and 
     veterinarians.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary to carry out this subsection for each of fiscal 
     years 2008 through 2012.
       (b) Assessment of Response Capability.--
       (1) Grant and loan assistance.--The Secretary shall provide 
     grant and low-interest loan assistance to States for use in 
     assessing agricultural disease response and food emergency 
     response capabilities.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $25,000,000 
     for each of fiscal years 2008 through 2012.

     SEC. 11016. LIVE VIRUS OF FOOT AND MOUTH DISEASE RESEARCH.

       (a) In General.--The Secretary shall issue a permit 
     required under section 12 of the Act of May 29, 1884 (21 
     U.S.C. 113a) to the Secretary of Homeland Security for work 
     on the live virus of foot and mouth disease at the National 
     Bio and Agro-Defense Laboratory (referred to in this section 
     as the ``NBAF'').
       (b) Limitation.--The permit shall be valid unless the 
     Secretary finds that the study of live foot and mouth disease 
     virus at the NBAF is not being carried out in accordance with 
     the regulations issued by the Secretary pursuant to the 
     Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 
     8401 et seq.).
       (c) Authority.--The suspension, revocation, or other 
     impairment of the permit issued under this section--
       (1) shall be made by the Secretary; and
       (2) is a nondelegable function.
       On page 1313, line 12, strike ``are'' and insert 
     ``include''.
       On page 1014, line 9, insert ``(after taking into 
     consideration recommendations made

[[Page 34482]]

     by the National Academy of Sciences)'' after ``President''.
       On page 895, lines 12 and 13, strike ``subsection (e)'' and 
     insert ``subsection (g)''.
       On page 895, strike lines 16 through 19 and insert the 
     following:
       ``(d) Initial Implementation.--To address the urgent 
     security concerns of the United States with respect to public 
     health, bioterrorism preparedness, and food supply security, 
     in implementing the first phase of the veterinary medicine 
     loan repayment program, the Secretary shall give priority to 
     large and mixed animal practitioner shortages in rural 
     communities.
       ``(e) Use of Funds.--None of the funds appropriated to the 
     Secretary under subsection (g) may be used to carry out 
     section 5379 of title 5, United States Code.
       ``(f) Regulations.--Notwithstanding subchapter II of 
     chapter 5 of title 5, United States Code, not later than 270 
     days after the date of enactment of this subsection, the 
     Secretary shall promulgate regulations to carry out this 
     section.''.
       On page 921, line 3, insert ``and tribal'' after ``State''.
       On page 1138, strike lines 1 through 5 and insert the 
     following:
       ``(xi) an individual with expertise in plant biology and 
     biomass feedstock development;
       ``(xii) an individual with expertise in agronomy, crop 
     science, or soil science; and
       ``(xiii) at the option of the points of contact, other 
     members.
       On page 1154, line 1, insert ``the State of Hawaii,'' after 
     ``Alaska,''.
       Strike section 6018.
       Beginning on page 738, strike line 6 and all that follows 
     through page 741, line 21, and insert the following:

     ``SEC. 7.7. EQUALIZATION OF LOAN-MAKING POWERS OF CERTAIN 
                   DISTRICT ASSOCIATIONS.

       ``(a) Equalization of Loan-Making Powers.--
       ``(1) In general.--
       ``(A) Federal land bank associations.--Subject to paragraph 
     (2), any association that owns a Federal land bank 
     association authorized as of January 1, 2007, to make long-
     term loans under title I in its chartered territory within 
     the geographic area described in subsection (b) may make 
     short- and intermediate-term loans and otherwise operate as a 
     production credit association under title II within that same 
     chartered territory.
       ``(B) Production credit associations.--Subject to paragraph 
     (2), any association that under its charter has title I 
     lending authority and that owns a production credit 
     association authorized as of January 1, 2007, to make short- 
     and intermediate-term loans under title II in the geographic 
     area described in subsection (b) may make long-term loans and 
     otherwise operate, directly or through a subsidiary 
     association, as a Federal land bank association or Federal 
     land credit association under title I in the geographic area.
       ``(C) Farm credit bank.--Notwithstanding section 5.17(a), 
     the Farm Credit Bank with which any association had a written 
     financing agreement as of January 1, 2007, may make loans and 
     extend other similar financial assistance with respect to, 
     and may purchase, any loans made under the new authority 
     provided under subparagraph (A) or (B) by an association 
     exercising such authority.
       ``(2) Required approvals.--An association may exercise the 
     additional authority provided for in paragraph (1) only after 
     the exercise of the authority is approved by--
       ``(A) the board of directors of the association; and
       ``(B) a majority of the voting stockholders of the 
     association (or, if the association is a subsidiary of 
     another association, the voting stockholders of the parent 
     association) voting, in person or by proxy, at a duly 
     authorized meeting of stockholders in accordance with the 
     process described in section 7.11.
       ``(b) Applicability.--This section applies only to 
     associations the chartered territory of which was within the 
     geographic area served by the Federal intermediate credit 
     bank immediately prior to its merger with a Farm Credit Bank 
     under section 410(e)(1) of the Agricultural Credit Act of 
     1987 (12 U.S.C. 2011 note; Public Law 100-233).''.
       (c) Charter Amendments.--Section 5.17(a) of the Farm Credit 
     Act of 1971 (12 U.S.C. 2252(a)) is amended by adding at the 
     end the following:
       ``(15)(A) Approve amendments to the charters of 
     institutions of the Farm Credit System to implement the 
     equalization of loan-making powers of a Farm Credit System 
     association under section 7.7.
       ``(B) Amendments described in subparagraph (A) to the 
     charters of an association and the related Farm Credit Bank 
     shall be approved by the Farm Credit Administration, subject 
     to any conditions of approval imposed, by not later than 30 
     days after the date on which the Farm Credit Administration 
     receives all approvals required by section 7.7 (a)(2).''.
       (d) Conforming Amendments.--
       (1) Section 5.17(a)(2) of the Farm Credit Act of 1971 (12 
     U.S.C. 2252(a)(2)) is amended--
       (A) by striking ``(2)(A)'' and inserting ``(2)''; and
       (B) by striking subparagraphs (B) and (C).
       (2) Section 410 of the 1987 act.--Section 410(e)(1)(A)(iii) 
     of the Agricultural Credit Act of 1987 (12 U.S.C. 2011 note; 
     Public Law 100-233) is amended by inserting ``(except section 
     7.7 of that Act)'' after ``(12 U.S.C. 2001 et seq.)''.
       (3) Section 401 of the 1992 act.--Section 401(b) of the 
     Farm Credit Banks and Associations Safety and Soundness Act 
     of 1992 (12 U.S.C. 2011 note; Public Law 102-552) is 
     amended--
       (A) by inserting ``(except section 7.7 of the Farm Credit 
     Act of 1971)'' after ``provision of law''; and
       (B) by striking ``, subject to such limitations'' and all 
     that follows through the end of the paragraph and inserting a 
     period.
       (e) Effective Date.--The amendments made by this section 
     take effect on January 1, 2010.
       Section 9001(3)(B) of the Farm Security and Rural 
     Investment Act of 2002 (as amended by section 9001) is 
     amended by striking clause (iii) and inserting the following:
       ``(iii) biofuel derived from waste material, including crop 
     residue, other vegetative waste material, animal waste and 
     byproducts (including fats, oils, greases, and manure), food 
     waste, and yard waste;
       Beginning on page 1176, strike line 24 and all that follows 
     through page 1177, line 2, and insert the following:
       ``(5) water resource needs, including water requirements 
     for biorefineries;
       ``(6) education and outreach for agricultural producers 
     transitioning to cellulosic feedstocks; and
       ``(7) such other infrastructure issues as the Secretary may 
     determine.''.
       On page 1177, strike lines 18 through 21 and insert the 
     following:
       ``(5) the resource use and conservation characteristics of 
     alternative approaches to infrastructure development;
       ``(6) the impact on the development of renewable energy 
     when public and private utilities do not pay competitive 
     rates for wind, solar, and biogas energy from agricultural 
     sources; and
       ``(7) the environmental benefits of planting perennial 
     grasses for the production of cellulosic ethanol.''.
       On page 1176, strike lines 18 and 19 and insert the 
     following:

     ture issues, including shipment by rail, truck, pipeline, or 
     barge;
       On page 1055, strike lines 6 through 8 and insert the 
     following:
       ``(A) incorporates any forest management plan of the State 
     in existence on the date of enactment of this section 
     (including community wildfire protection plans);
       At the end of title VIII, insert the following:

     SEC. 8___. GREEN MOUNTAIN NATIONAL FOREST BOUNDARY 
                   ADJUSTMENT.

       (a) In General.--The boundary of the Green Mountain 
     National Forest is modified to include the 12 designated 
     expansion units as generally depicted on the forest maps 
     entitled ``Green Mountain Expansion Area Map I'' and ``Green 
     Mountain Expansion Area Map II'' and dated February 20, 2002 
     (copies of which shall be on file and available for public 
     inspection in the Office of the Chief of the Forest Service, 
     Washington, District of Columbia), and more particularly 
     described according to the site specific maps and legal 
     descriptions on file in the office of the Forest Supervisor, 
     Green Mountain National Forest.
       (b) Management.--Federally owned land delineated on the 
     maps acquired for National Forest purposes shall continue to 
     be managed in accordance with the laws (including 
     regulations) applicable to the National Forest System.
       (c) Land and Water Conservation Fund.--For the purposes of 
     section 7 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460 l-9), the boundaries of the Green Mountain 
     National Forest, as adjusted by this section, shall be 
     considered to be the boundaries of the national forest as of 
     January 1, 1965.
       Beginning on page 175, strike line 14 and all that follows 
     through page 176, line 21, and insert the following:
       (1) ensuring that the competitiveness of dairy products 
     with other competing products in the marketplace is preserved 
     and enhanced;
       (2) ensuring that dairy producers receive fair and 
     reasonable minimum prices;
       (3) enhancing the competitiveness of United States dairy 
     producers in world markets;
       (4) preventing anticompetitive behavior and ensuring that 
     dairy markets are not prone to manipulation;
       (5) increasing the responsiveness of the Federal milk 
     marketing order system to market forces;
       (6) streamlining and expediting the process by which 
     amendments to Federal milk market orders are adopted;
       (7) simplifying the Federal milk marketing order system;
       (8) evaluating whether the Federal milk marketing order 
     system, established during the Great Depression, continues to 
     serve the interests of the public, dairy processors, and 
     dairy producers;
       (9) evaluating whether Federal milk marketing orders are 
     operating in a manner to minimize costs to taxpayers and 
     consumers, while still maintaining a fair price for 
     producers;

[[Page 34483]]

       (10) evaluating the nutritional composition of milk, 
     including the potential benefits and costs of adjusting the 
     milk content standards;
       (11) evaluating the economic benefits to milk producers of 
     establishing a 2-class system of classifying milk consisting 
     of a fluid milk class and a manufacturing grade milk class, 
     with the price of both classes determined using the component 
     prices of butterfat, protein, and other solids; and
       (12) evaluating a change in advance pricing that is used to 
     calculate the advance price of Class II skim milk under 
     Federal milk marketing orders using the 4-week component 
     prices that are used to calculate prices for Class III and 
     Class IV milk.
       In section 1608(d), strike paragraph (2) and insert the 
     following:
       (2) Members.--As soon as practicable after the date on 
     which funds are first made available to carry out this 
     section--
       (A) 2 members of the Commission shall be appointed by the 
     Chairman of the Committee on Agriculture of the House of 
     Representatives, in consultation with the ranking member of 
     that committee;
       (B) 2 members of the Commission shall be appointed by the 
     Chairman of the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate, in consultation with the ranking 
     member of that committee;
       (C) 10 members of the Commission shall be appointed by the 
     Secretary;
       (D) 2 members of the Commission shall be appointed by the 
     Chairman of the Subcommittee on Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies of the House of Representatives, in consultation 
     with the ranking member of that subcommittee; and
       (E) 2 members of the Commission shall be appointed by the 
     Chairman of the Subcommittee on Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies of the Senate, in consultation with the ranking 
     member of that subcommittee.
       On page 750, line 21, insert before the period at the end 
     the following: ``, of which not less than $25,000,000 shall 
     be for use at hospitals in rural areas with not more than 50 
     acute beds''.
       On page 579, between lines 5 and 6, insert the following:
       (9) in subsection (i), by adding at the end the following:
       ``(12) Interchange fees.--No interchange fees shall apply 
     to electronic benefit transfer transactions under this 
     subsection.'';
       On page 692, between lines 17 and 18, insert the following:

     SEC. 4909. GRAIN PILOT PROGRAM.

       (a) In General.--Section 17A of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1766a) is amended by 
     adding at the end the following:
       ``(e) Grain Pilot Program.--
       ``(1) Definition of eligible grain and grain product.--In 
     this subsection, the terms `eligible grain' and `grain 
     product' mean a grain or bread product, including but not 
     limited to, baked products and ready-to-eat cereals, having 
     whole grain as the primary ingredient by weight as specified 
     on the label or according to the recipe; except that the 
     Secretary may review and update as necessary the definition 
     established under this section.''
       ``(2) Program.--
       ``(A) In general.--For the school year beginning July 2008, 
     the Secretary shall carry out a pilot program to provide 
     eligible grain and grain products to--
       ``(i) up to 125 elementary or secondary schools operating a 
     program under this section in each of 6 States; and
       ``(ii) elementary or secondary schools operating a program 
     under this section on 1 Indian reservation.
       ``(B) Requirement.--A school participating in the program 
     shall provide eligible grain and grain products as one of the 
     meal supplement components as described in subsection (d) to 
     students participating in a program authorized under this 
     section.
       ``(C) Funding to states.--The Secretary shall allocate 
     funds to each participating State based on the prior year 
     claiming pattern for the afterschool snack program in 
     selected schools.
       ``(3) Selection of schools.--In selecting schools to 
     participate in the program under paragraph (2), the Secretary 
     shall--
       ``(A) ensure each school selected is located in a needy 
     area as defined in subsection (c)(1); and
       ``(B) solicit applications from interested schools that 
     meet the criteria established in subparagraph (A) and 
     include--
       ``(i) a certification of support for participation in the 
     program signed by the school food manager, the school 
     principal, and the district superintendent (or equivalent 
     positions, as determined by the school); and
       ``(ii) such other information as may be requested by the 
     Secretary.
       ``(4) Report.--Not later than December 31, 2010, the 
     Secretary, acting through the Administrator of the Food and 
     Nutrition Service, shall submit to the Committee on Education 
     and Labor of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate a 
     report that describes the results of the pilot program.
       ``(5) Funding.--The Secretary shall use not more than 
     $4,000,000 to carry out this subsection (other than paragraph 
     (4)), of which--
       ``(A) $2,000,000 shall be from funds made available to 
     carry out the senior farmers' market nutrition program under 
     section 4402 of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 3007); and
       ``(B) $2,000,000 shall be from funds made available to 
     carry out assistance for community food projects under 
     section 25 of the Food and Nutrition Act of 2007 (7 U.S.C. 
     2034).
       ``(6) Evaluation and administration.--Of the funding made 
     available the Secretary shall use not more than $3,000,000 to 
     carry out the evaluation required in paragraph (4) and for 
     the administration of the program.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of enactment of this Act.
       On page 576, strike lines 13 through 17 and insert the 
     following:
       (2) in subsection (b)--
       (A) by striking ``(b) Coupons'' and inserting the 
     following:
       ``(b) Use.--
       ``(1) In general.--Benefits'';
       (B) in paragraph (1) (as designated by subparagraph (A)), 
     by striking the second proviso; and
       (C) by adding at the end the following:
       ``(2) Study.--As soon as practicable after the date of 
     enactment of this paragraph, the Comptroller General of the 
     United States shall conduct a study of the effects of the 
     Secretary issuing a rule requiring that benefits shall only 
     be used to purchase food that is included in the most recent 
     applicable thrifty food plan market basket.'';
       On page 245, between lines 22 and 23, insert the following:
       (b) Eligibility.--Section 101 of the Specialty Crops 
     Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 
     108-465) is amended by striking subsection (e) and inserting 
     the following:
       ``(e) Plan Requirements.--
       ``(1) In general.--The State plan shall identify the lead 
     agency charged with the responsibility for carrying out the 
     plan and indicate how the grant funds will be used to enhance 
     the competitiveness of specialty crops.
       ``(2) Representation of certain individuals.--To the 
     maximum extent practicable and appropriate, the State plan 
     shall be developed taking into consideration the opinions and 
     expertise of beginning farmers or ranchers (as defined in 
     section 343(a) of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1991(a)) and socially disadvantaged farmers or 
     ranchers (as defined in section 355(e) of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 2003(e))) who 
     produce specialty crops.''.
       (c) Audit and Plan Requirements.--Section 101 of the 
     Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 
     note; Public Law 108-465) is amended by striking subsection 
     (h) and inserting the following:
       ``(h) Audit and Plan Requirements.--
       ``(1) In general.--For each year that a State receives a 
     grant under this section, the State shall conduct an audit of 
     the expenditures of grant funds by the State.
       ``(2) Submission of audit and description.--Not later than 
     30 days after the date of completion of an audit under 
     paragraph (1), the State shall submit to the Secretary of 
     Agriculture--
       ``(A) a copy of the audit;
       ``(B) a description of the ways in which the State is 
     complying with the requirement under subsection (e); and
       ``(C) such additional information as the Secretary may 
     request to ensure, to the maximum extent practicable, that 
     the State is complying with that requirement.''.
       On page 245, line 23, strike ``(b)'' and insert ``(d)''.
       On page 246, line 11, strike ``(c)'' and insert ``(e)''.
       On page 247, line 11, strike ``(d)'' and insert ``(f)''.
       On page 247, line 19, strike ``(e)'' and insert ``(g)''.
       Beginning on page 248, strike line 24 and all that follows 
     through page 249, line 2, and insert the following:
       ``(4) a nonprofit trucking association and their research 
     entities;
       ``(5) a combination of the entities described in paragraphs 
     (1) through (4); or
       ``(6) other entities, as determined by the Secretary
       At the end of title IX, add the following:

     SEC. 9___. SENSE OF CONGRESS REGARDING COOPERATIVE REGIONAL 
                   RESEARCH, EXTENSION, AND EDUCATION PROGRAMS ON 
                   BIOFUELS AND BIOPRODUCTS.

       It is the sense of Congress that the Secretary shall 
     continue to allow and support efforts of regional consortiums 
     of public institutions, including land grant universities and 
     State departments of agriculture, to jointly support the 
     bioeconomy through research, extension, and education 
     activities, including--
       (1) expanding the use of biomass;
       (2) improving the efficiency and sustainability of 
     bioenergy;
       (3) supporting local ownership in the bioeconomy;
       (4) communicating about the bioeconomy;
       (5) facilitating information sharing; and

[[Page 34484]]

       (6) assisting to coordinate regional approaches.
       On page 1171, strike line 13 and insert the following:
       ``(2) in consultation with the Secretary of Energy and the 
     Secretary of Transportation, as appropriate, establish 
     criteria for program participation
       On page 1172, line 2, strike ``Secretary of Energy'' and 
     insert ``Secretary of Energy and the Secretary of 
     Transportation''.
       Beginning on page 1172, strike line 20 and all that follows 
     through page 1173, line 2, and insert the following:
       ``(g) Report.--Not later than December 31, 2011, and 
     biennially thereafter, the Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry, the 
     Committee on Commerce, Science, and Transportation, and the 
     Committee on Energy and Natural Resources of the Senate a 
     report that documents the best practices and approaches used 
     by communities in rural areas that receive funds under this 
     section.
       On page 1176, strike lines 12 through 14 and insert the 
     following:
       ``(3) submit a report describing the assessment and 
     recommendations to--
       ``(A) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate;
       ``(B) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(C) the Committee on Energy and Natural Resources of the 
     Senate; and
       ``(D) the Committee on Environment and Public Works of the 
     Senate.
       On page 1179, strike line 5 and insert the following:

     estry and the Committee on Commerce, Science, and 
     Transportation of the Senate a report that summarizes the re-
       On page 1180, strike line 14 and insert the following:

     structure, safety, and security;
       On page 1192, strike line 13 and insert the following:

     ``SEC. 9023. REPORT ON THE GROWTH POTENTIAL FOR CELLULOSIC 
                   MATERIAL.

       ``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 
     comprehensive report that, on a State-by-State basis--
       ``(1) identifies the range of cellulosic feedstock 
     materials that can be grown and are viable candidates for 
     renewable fuel production;
       ``(2) estimates the acreage available for growing the 
     cellulosic feedstock materials identified under paragraph 
     (1);
       ``(3) estimates the quantity of available energy per acre 
     for each cellulosic feedstock material identified under 
     paragraph (1);
       ``(4) calculates the development potential for growing 
     cellulosic feedstock materials, based on--
       ``(A) the range of cellulosic materials available for 
     growth;
       ``(B) soil quality;
       ``(C) climate variables;
       ``(D) the quality and availability of water;
       ``(E) agriculture systems that are in place as of the date 
     of enactment of this Act;
       ``(F) available acreage; and
       ``(G) other relevant factors identified by the Secretary; 
     and
       ``(5) rates the development potential for growing 
     cellulosic feedstock material, with the ratings displayed on 
     maps of the United States that indicate the development 
     potential of each State, as calculated by the Secretary under 
     paragraph (4).

     ``SEC. 9024. FUTURE FARMSTEADS PROGRAM.

     Strike section 3101.
       On page 272, between lines 2 and 3, insert the following:

     SEC. 19__. ENTERPRISE AND WHOLE FARM UNITS.

       Section 508(e) of Federal Crop Insurance Act (7 U.S.C. 
     1508(e)) is amended by adding at the end the following:
       ``(6) Enterprise and whole farm units.--
       ``(A) In general.--The Corporation may carry out a pilot 
     program under which the Corporation pays a portion of the 
     premiums for plans or policies of insurance for which the 
     insurable unit is defined on a whole farm or enterprise unit 
     basis that is higher than would otherwise be paid in 
     accordance with paragraph (2) for policyholders that convert 
     from a plan or policy of insurance for which the insurable 
     unit is defined on optional or basic unit basis.
       ``(B) Eligibility.--To be eligible to participate in a 
     pilot program established under this paragraph, a 
     policyholder shall--
       ``(i) have purchased additional coverage for the 2005 crop 
     on an optional or basic unit basis for at least 90 percent of 
     the acreage to be covered by enterprise or whole farm unit 
     policy for the current crop; and
       ``(ii) purchase the enterprise or whole farm unit policy at 
     not less than the highest coverage level that was purchased 
     for the acreage for the 2005 crop.
       ``(C) Amount.--
       ``(i) In general.--The amount of the premium per acre paid 
     by the Corporation to a policyholder for a policy with an 
     enterprise and whole farm unit under this paragraph shall be, 
     the maximum extent practicable, equal to the average dollar 
     amount of subsidy per acre paid by the Corporation under 
     paragraph (2) for a basic or optional unit.
       ``(ii) Limitation.--The amount of the premium paid by the 
     Corporation under this paragraph may not exceed the total 
     premium for the enterprise or whole farm unit policy.
       ``(D) Conversion of pilot to a permanent program.--Not 
     earlier than 180 days after the date of enactment of this 
     paragraph, the Corporation may convert the pilot program 
     described in this paragraph to a permanent program if the 
     Corporation has--
       ``(i) carried out the pilot program;
       ``(ii) analyzed the results of the pilot program; and
       ``(iii) submitted to Congress a report describing the 
     results of the analysis.''.
       On page 299, between lines 15 and 16, insert the following:

     SEC. 19__. DEFINITION OF BASIC UNIT.

       The Secretary shall not modify the definition of ``basic 
     unit'' in accordance with the proposed regulations entitled 
     ``Common Crop Insurance Regulations'' (72 Fed. Reg. 28895; 
     relating to common crop insurance regulations) or any 
     successor regulation.
       On page 980, strike lines 12 and 13 and insert the 
     following:

     including fresh-cut produce;
       ``(7) methods of improving the supply and effectiveness of 
     pollination for specialty crop production; and
       ``(8) efforts relating to optimizing the produc-
       On page 1007, strike line 16 and insert the following:
       (T) The research, extension, and education programs 
     authorized by section 407 of the Agricultural Research, 
     Extension, and Education Reform Act of 1998 (7 U.S.C. 7627) 
     relating to the viability and competitiveness of small- and 
     medium-sized dairy, livestock, crop, and other commodity 
     operations.
       (U) Other programs, including any pro-
       On page 994, strike lines 7 through 17 and insert the 
     following:

     SEC. 7312. NATIONAL ARBORETUM.

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

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

       ``(a) In General.--A Chinese Garden may be constructed at 
     the National Arboretum established under this Act with--
       ``(1) funds accepted under section 5; and
       ``(2) authorities provided to the Secretary of Agriculture 
     under section 6.
       ``(b) Report.--Each year the Secretary of Agriculture shall 
     submit to Congress, and post on the public website of the 
     National Arboretum, an itemized budget that shall describe, 
     for the preceding year--
       ``(1) the total costs of the National Arboretum;
       ``(2) the costs of--
       ``(A) operation and maintenance;
       ``(B) horticulture and grounds;
       ``(C) visitor services; and
       ``(D) supplies and materials;
       ``(3) indirect costs of the Agricultural Research Service 
     relating to the National Arboretum; and
       ``(4) the total number of visitors to the National 
     Arboretum.
       ``(c) Limitation.--No Federal funds shall be used for the 
     construction of the Chinese Garden authorized under 
     subsection (a).''.
       On page 972, strike lines 1 through 3 and insert the 
     following:
       ``(E) to assess the effect of forage quality on 
     reproductive fitness and related measures.
       ``(56) Sustainable agricultural production for the 
     environment.--Research and extension grants may be made to--
       ``(A) field and laboratory studies that examine the 
     ecosystem from gross to minute scales; and
       ``(B) conduct projects that explore the future 
     environmental ramifications of sustainable agricultural 
     practices.''; and
       On page 972, strike lines 1 through 3 and insert the 
     following:
       ``(E) to assess the effect of forage quality on 
     reproductive fitness and related measures.
       ``(56) Biomass-derived energy resources.--Research and 
     extension grants may be made to--
       ``(A) study plant cell wall structure and function and the 
     use of plant biotechnology to produce industrial enzymes; and
       ``(B) conduct projects that develop renewable, plant 
     biomass-derived energy resources using the technology 
     described in subparagraph (A).''; and
       On page 563, between lines 15 and 16, insert the following:

     SEC. 320__. REPORT ON THE IMPORTATION OF HIGH PROTEIN FOOD 
                   INGREDIENTS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary and the Secretary of 
     Health and Human Services (acting through the Commissioner of 
     Food and Drugs), in consultation with the heads of other 
     appropriate Federal agencies, shall jointly submit to 
     Congress a report on imports of high protein food ingredients 
     (including gluten, casein, and milk protein concentrate) into 
     the United States during the 5-year period preceding the date 
     of enactment of this Act.
       (b) Components.--The report required under subsection (a) 
     shall include--
       (1) a description of--
       (A) the quantity of each high protein food ingredient 
     imported into the United States; and

[[Page 34485]]

       (B) the source of the high protein food ingredients being 
     imported;
       (2) an accounting of the percentage of imports in each 
     category and subcategory of high protein food ingredients 
     that were inspected, including whether the inspections were--
       (A) basic or visual inspections; or
       (B) more intensive inspections or laboratory analyses;
       (3) an evaluation of--
       (A) whether the laboratory tests conducted on high protein 
     food ingredients were able to detect adulteration with other 
     high nitrogen compounds, such as melamine; and
       (B) if some of the laboratory tests were sensitive and 
     others were not sensitive, the number and results for each 
     sensitivity; and
       (4) a survey of whether high protein food ingredients were 
     imported for food uses or non-food uses, including an 
     analysis of--
       (A) whether the food uses were animal or human food uses; 
     and
       (B) whether any non-food or animal feed products could have 
     entered the human food supply, including an analysis of any 
     safeguards to prevent such products from entering the human 
     food supply.
       (c) Availability.--As soon as practicable after the 
     completion of the report under subsection (a), the Secretary 
     and the Secretary of Health and Human Services shall make the 
     report available to the public.
       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.
       On page 1201, strike lines 4 through 8 and insert the 
     following:
       (c) Existing Activities.--The Secretary shall ensure that 
     nothing in an amendment made by this section duplicates, 
     impedes, or undermines any of the food safety or product 
     grading activities conducted by the Department of Commerce or 
     the Food and Drug Administration, and shall consult with the 
     Secretary of Commerce before implementing any new food safety 
     or grading activity authorized under this section.
       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.
       On page 1362, between lines 19 and 20, insert the 
     following:

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

       (a) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Chihuahuan Desert 
     Nature Park Board.
       (2) Nature park.--The term ``Nature Park'' means the 
     Chihuahuan Desert Nature Park, Inc., a nonprofit corporation 
     in the State of New Mexico.
       (b) Conveyance of Land.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, subject to valid existing rights and 
     subsection (c), the Secretary shall convey to the Nature 
     Park, by quitclaim deed, for no consideration, all right, 
     title, and interest of the United States in and to the land 
     described in paragraph (2)
       (2) Description of land.--
       (A) In general.--The parcel of land referred to in 
     paragraph (1) consists of the approximately 935.62 acres of 
     land in Dona Ana County, New Mexico, which is more 
     particularly described--
       (i) as sections 17, 20, and 21 of T. 21 S., R. 2 E., 
     N.M.P.M.; and
       (ii) in an easement deed dated May 14, 1998, from the 
     Department of Agriculture to the Nature Park.
       (B) Modifications.--The Secretary may modify the 
     description of the land under subparagraph (A) to--
       (i) correct errors in the description; or
       (ii) facilitate management of the land.
       (c) Conditions.--The conveyance of land under subsection 
     (b) shall be subject to--
       (1) the reservation by the United States of all mineral and 
     subsurface rights to the land, including any geothermal 
     resources;
       (2) the condition that the Board pay any costs relating to 
     the conveyance;
       (3) any rights-of-way reserved by the Secretary;
       (4) a covenant or restriction in the deed to the land 
     requiring that--
       (A) the land may be used only for educational or scientific 
     purposes; and
       (B) if the land is no longer used for the purposes 
     described in subparagraph (A), the land may, at the 
     discretion of the Secretary, revert to the United States in 
     accordance with subsection (d); and
       (5) any other terms and conditions that the Secretary 
     determines to be appropriate.
       (d) Reversion.--If the land conveyed under subsection (b) 
     is no longer used for the purposes described in subsection 
     (c)(4)(A)--
       (1) the land may, at the discretion of the Secretary, 
     revert to the United States; and
       (2) if the Secretary chooses to have the land revert to the 
     United States, the Secretary shall--
       (A) determine whether the land is environmentally 
     contaminated, including contamination from hazardous wastes, 
     hazardous substances, pollutants, contaminants, petroleum, or 
     petroleum by-products; and
       (B) if the Secretary determines that the land is 
     environmentally contaminated, the Nature Park, the successor 
     to the Nature Park, or any other person responsible for the 
     contamination shall be required to remediate the 
     contamination.

[[Page 34486]]

       (e) Withdrawal.--All federally owned mineral and subsurface 
     rights to the land described in subsection (b)(2) are 
     withdrawn from--
       (1) location, entry, and patent under the mining laws; and
       (2) the operation of the mineral leasing laws, including 
     the geothermal leasing laws.
       (f) Water Rights.--Nothing in this section authorizes the 
     conveyance of water rights to the Nature Park.
       Beginning on page 756, strike line 6 and all that follows 
     through page 757, line 5, and insert the following:

     SEC. 6012. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN 
                   ALASKA.

       Section 306D of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1926d) is amended--
       (1) in subsection (a)--
       (A) by striking ``make grants to the State'' and inserting 
     ``make grants to--
       ``(1) the State'';
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(2) the Denali Commission to improve solid waste disposal 
     sites that are contaminating, or threaten to contaminate, 
     rural drinking water supplies in the State of Alaska.'';
       (2) in subsection (c)--
       (A) in the subsection heading by striking ``With the State 
     of Alaska''; and
       (B) by striking ``the State of Alaska'' and inserting ``the 
     appropriate grantee under subsection (a)''; and
       (3) in subsection (d)--
       (A) in paragraph (1), by striking ``2007'' and inserting 
     ``2013'';
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) Denali commission.--Not more than 5 percent of the 
     amount made available under paragraph (1) for a fiscal year 
     may be transferred to the Denali Commission to improve solid 
     waste disposal sites that are contaminating, or threaten to 
     contaminate, rural drinking supplies in the State of 
     Alaska.''.
       On page 763, strike lines 3 through 10 and insert the 
     following:
       ``(B) Multiyear grants.--If the Secretary determines it to 
     be in the best interest of the program, the Secretary shall 
     award grants for a period of more than 1 year, but not more 
     than 3 years, to a center that has successfully met the 
     parameters described in paragraph (5).''.
       Beginning on page 891, strike line 9 and all that follows 
     through page 892, line 20.

     SECTION 1914. ACCESS TO DATA MINING INFORMATION.

       Page 277, line 7, after ``subparagraph (A),'' insert 
     ``including for quality assurance purposes under the Standard 
     Reinsurance Agreement''.
       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.''.
       On page 1201, strikes lines 17 through 18 and insert the 
     following:
       ``(vii) meat produced from goats;
       ``(viii) chicken, in whole and in part; and
       ``(ix) macadamia nuts.'';
       On page 1201, line 23, insert ``chicken,'' after ``pork,''.
       On page 1202, line 1, insert ``chicken,'' after ``pork,''.
       On page 1202, line 20, insert ``chicken,'' after ``pork,''.
       On page 1203, line 16, insert ``chicken,'' after ``pork,''.
       On page 1204, line 1, insert ``chicken,'' after ``pork,''.
       On page 1204, line 6, insert ``chicken,'' after ``lamb,''.
       On page 1204, line 8, insert ``ground chicken,'' after 
     ``ground lamb,''.
       On page 1204, line 12, insert ``ground chicken,'' after 
     ``lamb,''.
       On page 1204, line 15, insert ``ground chicken,'' after 
     ``ground lamb,''.
       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 community or on 
     the initiative 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 2 years after the date 
     of enactment of this Act and every 2 years 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.
       At the end of the amendment, add the following:

     SEC. 60__. INTEREST RATES FOR WATER AND WASTE DISPOSAL 
                   FACILITIES LOANS.

       Section 307(a)(3) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1927(a)(3)) is amended by adding at 
     the end the following:
       ``(E) Interest rates for water and waste disposal 
     facilities loans.--Notwithstanding subparagraph (A), for 
     loans (other than guaranteed loans) for water and waste 
     disposal facilities--
       ``(i) in the case of a loan that would be subject to the 5 
     percent interest rate limitation under subparagraph (A), the 
     Secretary shall

[[Page 34487]]

     set the interest rate equal to 60 percent of the current 
     market yield for outstanding municipal obligations with 
     remaining periods to maturity comparable to the average 
     maturity of such loans, adjusted to the nearest one-eight of 
     1 per centum; and
       ``(ii) in the case of a loan that would be subject to the 7 
     percent limitation in subparagraph (A), the Secretary shall 
     set the interest rate equal to 80 percent of the current 
     market yield for outstanding municipal obligations with 
     remaining periods to maturity comparable to the average 
     maturity of such loans, adjusted to the nearest one-eight of 
     1 per centum.''.
       On page 563, between lines 15 and 16, insert the following:

     SEC. 3205. QUALITY REQUIREMENTS FOR CLEMENTINES.

       Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 
     608e-1(a)), reenacted with amendments by the Agricultural 
     Marketing Agreement Act of 1937, is amended in the matter 
     preceding the first proviso in the first sentence by 
     inserting ``clementines,'' after ``nectarines,''.
       At the end of subtitle F of title IV, add the following:

     SEC. 49__. REPORT ON FEDERAL HUNGER PROGRAMS.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to Congress a report that contains--
       (1) a complete list of all Federal programs that seek to 
     alleviate hunger or food insecurity or improve nutritional 
     intake, including programs that support collaboration, 
     coordination, research, or infrastructure related to these 
     issues;
       (2) for each program listed under paragraph (1)--
       (A) the total amount of Federal funds used to carry out the 
     program in the most recent fiscal year for which comparable 
     data is available;
       (B) a comparison of the amount described in subparagraph 
     (A) with the amount used to carry out a similar program 10 
     and 20 years previously;
       (C) to the maximum extent practicable, the amount of 
     Federal funds used under the program to provide direct food 
     aid to individuals (including the amount used for the costs 
     of administering the program); and
       (D) a review to determine whether the program has been 
     independently reviewed for effectiveness with respect to 
     achieving the goals of the program, including--
       (i) the findings of the independent review; and
       (ii) for the 10 highest-cost programs, a determination of 
     whether the review was conducted in accordance with accepted 
     research principles;
       (3) for the 10- and 20-year periods before the date of 
     enactment of this Act, and for the most recent year for which 
     data is available, the estimated number of people in the 
     United States who are hungry (or food insecure) or obese; and
       (4) as of the date of submission of the report--
       (A) the number of employees of the Department of 
     Agriculture, including contractors and other individuals 
     whose salary is paid in full or part by the Department; and
       (B) the number of farmers and other agricultural producers 
     in the United States that receive some form of assistance 
     from the Department.
       On page 634, lines 5 and 6, strike ``to enter into a 
     contract with'' and insert ``to provide a grant to''.
       On page 634, line 8, strike ``contract'' and insert 
     ``grant''.
       On page 634, line 9, strike ``contract entered into'' and 
     insert ``grant provided''.
       On page 634, line 10, strike ``contract'' and insert 
     ``grant''.
       On page 634, line 12, strike ``contract'' and insert 
     ``grant''.
       At the end of subtitle F of title VII, add the following:

     SEC. 75__. MODIFICATIONS TO INFORMATION TECHNOLOGY SERVICE.

       (a) In General.--The Secretary shall not implement any 
     modification that reduces the availability or provision of 
     information technology service, or administrative management 
     control of that service, including data or center service 
     agency, functions, and personnel at the National Finance 
     Center and the National Information Technology Center service 
     locations, until the date that is 60 days after the date on 
     which the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate receive a written determination 
     and report from the Chief Financial Officer or Chief 
     Information Officer of the Department of Agriculture and the 
     Secretary that states that the implementation of the 
     modification is in the best interests of the Department of 
     Agriculture.
       (b) Report on Proposed Modifications.--Not later than 180 
     days after the date of enactment of this Act, the Secretary 
     shall submit to the Committee on Agriculture of the House of 
     Representatives, the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate, and the Comptroller General a report 
     on any proposed modification to reduce the availability or 
     provision of any information technology service, or 
     administrative management control of such a service, 
     including data or center service agency, functions, and 
     personnel at the National Finance Center and National 
     Technology Center service locations, that includes--
       (1) a business case analysis (including of the near- and 
     long-term costs and benefits to the Department of Agriculture 
     and all other Federal agencies and departments that benefit 
     from services provided by the National Finance Center and the 
     National Information Technology Center service locations) of 
     the proposed modifications, as compared with maintaining 
     administrative management control or information technology 
     service functions and personnel in the existing structure and 
     at present locations; and
       (2) an analysis of the impact of any changes in that 
     administrative management control or information technology 
     service (including data or center service agency, functions, 
     and personnel) on the ability of the National Finance Center 
     and National Information Technology Center service locations 
     to provide, in the near- and long-term, to all Federal 
     agencies and departments, cost-effective, secure, efficient, 
     and interoperable--
       (A) information technology services;
       (B) cross-servicing;
       (C) e-payroll services; and
       (D) human resource line-of-business services.
       (c) Assessment.--Not later than 90 days after the date on 
     which the Comptroller General receives the report submitted 
     under subsection (b), the Comptroller General shall submit to 
     the Committee on Agriculture of the House of Representatives 
     and the Committee on Agriculture, Nutrition, and Forestry of 
     the Senate a detailed written assessment of the report that 
     includes an analysis (including of near- and long-term cost 
     benefits and impacts) of the alternatives available to all 
     Federal agencies and departments to acquire cost-effective, 
     secure, efficient, and interoperable information technology, 
     cross-servicing, e-payroll, and human resource line-of-
     business services.
       (d) Operating Reserve.--
       (1) In general.--Of annual income amounts in the working 
     capital fund of the Department of Agriculture allocated for 
     the National Finance Center, the Secretary may reserve not 
     more than 4 percent--
       (A) for the replacement or acquisition of capital 
     equipment, including equipment for--
       (i) the improvement and implementation of a financial 
     management plan;
       (ii) information technology; and
       (iii) other systems of the National Finance Center; or
       (B) to pay any unforeseen, extraordinary costs of the 
     National Finance Center.
       (2) Availability for obligation.--
       (A) In general.--Except as provided in subparagraph (B), 
     none of the amounts reserved under paragraph (1) shall be 
     available for obligation unless the Secretary submits 
     notification of the obligation to--
       (i) the Committees on Appropriations and Agriculture of the 
     House of Representatives; and
       (ii) the Committees on Appropriations and Agriculture, 
     Nutrition, and Forestry of the Senate.
       (B) Exception.--The limitation described in subparagraph 
     (A) shall not apply to any obligation that, as determined by 
     the Secretary, is necessary--
       (i) to respond to a declared state of emergency that 
     significantly impacts the operations of the National Finance 
     Center; or
       (ii) to evacuate employees of the National Finance Center 
     to a safe haven to continue operations of the National 
     Finance Center.
       At the appropriate place, insert the following:
       On page 1159, strike lines 17 through 19 and insert the 
     following:
       (A) the capabilities and experience of the applicant, 
     including--
       (i) in conducting side-by-side crop experiments;
       (ii) engineering and research knowledge and experience 
     relating to biofuels or the production of inputs for biofuel 
     production; and
       (iii) demonstrated willingness to contribute significant 
     in-kind resources;
       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

[[Page 34488]]

     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 not 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 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.
       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.

[[Page 34489]]

       (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 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

[[Page 34490]]

     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);
       (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 and the disaster 
     should be similar in size and scope to the events relating to 
     the terrorist attack of September 11, 2001, and the Hurricane 
     Katrina of 2005;
       ``(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)

[[Page 34491]]

     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 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;

[[Page 34492]]

       (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
       ``(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.

[[Page 34493]]

       (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 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).
       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.''.
       On page 1362, between lines 19 and 20, insert the 
     following:

     SEC. 11072. REGULATIONS TO IMPROVE MANAGEMENT AND OVERSIGHT 
                   OF CERTAIN REGULATED ARTICLES.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall promulgate 
     regulations--
       (1) to implement, as appropriate, each issue identified in 
     the document entitled ``Lessons Learned and Revisions under 
     Consideration for APHIS' Biotechnology Framework'', dated 
     October 4, 2007; and
       (2) to improve the management and oversight of articles 
     regulated under the Plant Protection Act (7 U.S.C. 7701 et 
     seq.).
       (b) Inclusions.--In promulgating regulations under 
     subsection (a), the Secretary shall include provisions that 
     are designed to enhance--
       (1) the quality and completeness of records;
       (2) the availability of representative samples;
       (3) the maintenance of identity and control in the event of 
     an unauthorized release;
       (4) corrective actions in the event of an unauthorized 
     release;
       (5) protocols for conducting molecular forensics;
       (6) clarity in contractual agreements;
       (7) the use of the latest scientific techniques for 
     isolation and confinement;
       (8) standards for quality management systems and effective 
     research (including laboratory, greenhouse, and field 
     research); and

[[Page 34494]]

       (9) the design of electronic permits to store documents and 
     other information relating to the permit and notification 
     processes.
       (c) Consideration.--In promulgating regulations under 
     subsection (a), the Secretary shall consider--
       (1) establishing--
       (A) a system of risk-based categories to classify each 
     regulated article;
       (B) a means to identify regulated articles (including the 
     retention of seed samples); and
       (C) standards for isolation and containment distances; and
       (2) requiring permit holders--
       (A) to maintain a positive chain of custody;
       (B) to provide for the maintenance of records;
       (C) to provide for the accounting of material;
       (D) to conduct periodic audits;
       (E) to establish an appropriate training program;
       (F) to provide contingency and corrective action plans; and
       (G) to submit reports as the Secretary considers to be 
     appropriate.
       On page 1362, between lines 19 and 20, insert the 
     following:

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

       The Secretary may provide funds on an emergency basis to 
     States to assist the States in combating invasive pest and 
     disease outbreaks for any appropriate period of years after 
     the date of initial detection by a State of an invasive pest 
     or disease outbreak, as determined by the Secretary.
       On page 972, strike line 2 and insert the following:

     on reproductive fitness and related measures.
       ``(56) Brucellosis control and eradication; bighorn and 
     domestic sheep disease mechanisms.--Research and extension 
     grants may be made available--
       ``(A) for the conduct of research relating to the 
     development of vaccines and vaccine delivery systems to 
     effectively control and eliminate brucellosis in wildlife;
       ``(B) to assist with the controlling of the spread of 
     brucellosis from wildlife to domestic animals in the greater 
     Yellowstone area; and
       ``(C) to conduct research relating to the health status 
     (including the presence of infectious diseases) of bighorn 
     and domestic sheep under range conditions.'';
       On page 927, strike lines 9 through 16 and insert the 
     following:
       ``(c) Association Designation.--
       ``(1) In general.--The Secretary shall designate 
     collaborating farm management associations to collaborate 
     with the National Farm Management Center established under 
     this section.
       ``(2) Selection.--
       ``(A) In general.--The Secretary shall request proposals 
     from farm management associations and make selections in 
     consultation with the National Farm Management Center.
       ``(B) National scope.--The National Farm Management Center 
     and the Secretary shall encourage the establishment, 
     nomination, and designation of qualified farm management 
     associations to provide farmers, ranchers, and other 
     agricultural operators in each State with access to the 
     training and benchmarking tools described in this section.
       ``(3) Selection and designation criteria.--The designation 
     of each collaborating farm management association shall be 
     based upon--
       ``(A) in the case of an established farm management 
     association in a State or geographic region--
       ``(i) working with farmers, ranchers, and other 
     agricultural operators to improve their financial management 
     and business profitability; and
       ``(ii) contributing farm, ranch, and other agricultural 
     operation financial analysis data to a publicly available 
     online benchmarking database; and
       ``(B) in the case in which there is no established farm 
     management association in a particular State or geographic 
     region, a farm management association may be designated as a 
     collaborating farm management association if the National 
     Farm Management Center and the Secretary determine that there 
     is a strong likelihood that the association will meet the 
     ongoing requirements described in subsection (d).
       ``(d) Association Requirements.--Each collaborating farm 
     management association designated under subsection (c) and 
     receiving funds under this section shall--
       ``(1) maintain a farm management education and training 
     program that is open to all agricultural producers;
       ``(2) provide individualized education to farmers, 
     ranchers, and other agricultural operators on accounting, 
     financial planning, and business management;
       ``(3) provide an annual farm financial analysis to each 
     participating farmer, rancher, or other agricultural 
     operator;
       ``(4) use standardized farm business analysis procedures as 
     specified by the National Farm Management Center;
       ``(5) contribute farm and ranch financial analysis data to 
     the public online benchmarking database in a form and manner 
     determined by the National Farm Management Center; and
       ``(6) facilitate and encourage producers' sign-up for 
     ongoing multi-year participation in the training and 
     benchmarking programs.
       ``(e) Limitation on Indirect Costs.--Indirect costs charged 
     against funds provided under this section shall not be 
     charged at a rate in excess of the rate at which the 
     applicable institution charged, or could have charged, 
     indirect costs during fiscal year 2007 against funds received 
     as described in section 1462 of the National Agricultural 
     Research, Extension, and Teaching Policy Act of 1977 (7 
     U.S.C. 3310).
       ``(f) Administrative Expenses.--Not more than 8 percent of 
     the funds made available to carry out this section may be 
     used for the payment of administrative expenses of the 
     Department of Agriculture in carrying out this section.
       ``(g) Funding.--The Secretary shall make available each 
     fiscal year not less than 25 percent of funds appropriated 
     under subsection (h) to the National Farm Management Center 
     designated under subsection (b).
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.
       Strike section 11070 and insert the following:

     SEC. 11070. REPORT ON STORED QUANTITIES OF PROPANE.

       (a) Report.--
       (1) In general.--Not later than 240 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     (referred to in this section as the ``Secretary'') shall 
     submit to the Committee on Agriculture, Nutrition, and 
     Forestry and the Committee on Homeland Security and 
     Government Affairs of the Senate and the Committee on 
     Agriculture and the Committee on Homeland Security of the 
     House of Representatives a report describing the effect of 
     interim or final regulations issued by the Secretary pursuant 
     to section 550(a) of the Department of Homeland Security 
     Appropriations Act, 2007 (6 U.S.C. 121 note; Public Law 109-
     295), with respect to possession of quantities of propane 
     that meet or exceed the screening threshold quantity for 
     propane established in the final rule under that section.
       (2) Inclusions.--The report under paragraph (1)--
       (A) shall include, at a minimum, a description of--
       (i) the number of facilities that completed a top screen 
     consequence assessment due to possession of quantities of 
     propane that meet or exceed the listed screening threshold 
     quantity for propane;
       (ii) the number of agricultural facilities that completed 
     the top screen consequence assessment due to possession of 
     quantities of propane that meet or exceed the listed 
     screening threshold quantity for propane;
       (iii) the number of propane facilities initially determined 
     to be high risk by the Secretary;
       (iv) the number of propane facilities--

       (I) required to complete a security vulnerability 
     assessment or a site security plan; or
       (II) that submit to the Secretary an alternative security 
     program;

       (v) the number of propane facilities that file an appeal of 
     a finding under the final rule described in paragraph (1); 
     and
       (vi) to the extent available, the average cost of--

       (I) completing a top screen consequence assessment 
     requirement;
       (II) completing a security vulnerability assessment; and
       (III) completing and implementing a site security plan; and

       (B) may include a classified annex, as the Secretary 
     determines to be appropriate.
       (b) Educational Outreach.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall conduct 
     educational outreach activities for rural facilities that may 
     be required to complete a top screen consequence assessment 
     due to possession of propane in a quantity that meets or 
     exceeds the listed screening threshold quantity for propane.
       (2) Use of council.--In conducting outreach activities 
     under paragraph (1), the Secretary may use the Food and 
     Agricultural Sector Coordinating Council established under 
     the national infrastructure protection plan to facilitate the 
     provision of education to rural areas regarding the top 
     screen consequence assessment requirement.
       On page 1362, between lines 19 and 20, insert the 
     following:

     SEC. 11072. PROTECTION OF PETS.

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

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

       ``(a) Definition of Person.--In this section, the term 
     `person' means any individual, partnership, firm, joint stock 
     company, corporation, association, trust, estate, pound, 
     shelter, or other legal entity.
       ``(b) Use of Dogs and Cats.--No research facility or 
     Federal research facility may use

[[Page 34495]]

     a dog or cat for research or educational purposes if the dog 
     or cat was obtained from a person other than a person 
     described in subsection (d).
       ``(c) Selling, Donating, or Offering Dogs and Cats.--No 
     person, other than a person described in subsection (d), may 
     sell, donate, or offer a dog or cat to any research facility 
     or Federal research facility.
       ``(d) Permissible Sources.--A person from whom a research 
     facility or a Federal research facility may obtain a dog or 
     cat for research or educational purposes under subsection 
     (b), and a person who may sell, donate, or offer a dog or cat 
     to a research facility or a Federal research facility under 
     subsection (c), shall be--
       ``(1) a dealer licensed under section 3 that has bred and 
     raised the dog or cat;
       ``(2) a publicly owned and operated pound or shelter that--
       ``(A) is registered with the Secretary;
       ``(B) is in compliance with section 28(a)(1) and with the 
     requirements for dealers in subsections (b) and (c) of 
     section 28; and
       ``(C) obtained the dog or cat from its legal owner, other 
     than a pound or shelter;
       ``(3) a person that is donating the dog or cat and that--
       ``(A) bred and raised the dog or cat; or
       ``(B) owned the dog or cat for not less than 1 year 
     immediately preceding the donation;
       ``(4) a research facility licensed by the Secretary; and
       ``(5) a Federal research facility licensed by the 
     Secretary.
       ``(e) Penalties.--
       ``(1) In general.--A person that violates this section 
     shall be fined $1,000 for each violation.
       ``(2) Additional penalty.--A penalty under this subsection 
     shall be in addition to any other applicable penalty.
       ``(f) No Required Sale or Donation.--Nothing in this 
     section requires a pound or shelter to sell, donate, or offer 
     a dog or cat to a research facility or Federal research 
     facility.
       ``(g) Limitation.--The Secretary shall phase out, by the 
     date that is 5 years after the date of enactment of this 
     subsection, the use of random source dogs and cats from class 
     B dealers in accordance with a schedule established by the 
     Secretary.''.
       (c) Federal Research Facilities.--Section 8 of the Animal 
     Welfare Act (7 U.S.C. 2138) is amended--
       (1) by striking ``sec. 8. No department'' and inserting the 
     following:

     ``SEC. 8. FEDERAL RESEARCH FACILITIES.

       ``Except as provided in section 7, no department'';
       (2) by striking ``research or experimentation or''; and
       (3) by striking ``such purposes'' and inserting ``that 
     purpose''.
       (d) Certification.--Section 28(b)(1) of the Animal Welfare 
     Act (7 U.S.C. 2158(b)(1)) is amended by striking ``individual 
     or entity'' and inserting ``research facility or Federal 
     research facility''.
       On page 1362, between lines 19 and 20, insert the 
     following:

     SEC. 110__. EXEMPTION FROM AQI USER FEES.

       (a) In General.--Notwithstanding any other provision of law 
     (including regulations), the owner or operator of any 
     commercial truck described in subsection (b) shall be exempt 
     from the payment of any agricultural quarantine and 
     inspection user fee.
       (b) Commercial Trucks.--A commercial truck referred to in 
     subsection (a) is a commercial truck that--
       (1) originates in the State of Alaska and reenters the 
     customs territory of the United States directly from Canada; 
     or
       (2) originates in the customs territory of the United 
     States (other than the State of Alaska) and transits through 
     the customs territory of Canada directly before entering the 
     State of Alaska.
       (c) Sealed Cargo Areas.--A cargo area of any commercial 
     truck carrying an agricultural product shall remain sealed 
     during transit through Canada.
       On page 182, between lines 16 and 17, insert the following:

     SEC. 1610. ADDITIONAL MANDATORY DAIRY REPORTING.

       Subsection (b)(3) of section 273 of the Agricultural 
     Marketing Act of 1946 (7 U.S.C. 1637b) (as redesignated by 
     section 1609(2)) is amended--
       (1) by striking ``shall take such actions'' and inserting 
     ``shall--
       ``(A) take such actions'';
       (2) in subparagraph (A) (as designated by paragraph (1)), 
     by striking the period at the end and inserting ``; and''; 
     and
       (3) by adding at the end the following:
       ``(B) include regular audits and comparisons with other 
     related dairy market statistics on at least a quarterly 
     basis.''.
       On page 1243, between lines 13 and 14, insert the 
     following:

     SEC. 10309. COORDINATION OF DAIRY OVERSIGHT.

       (a) In General.--The Secretary shall select an official 
     within the Department of Agriculture to coordinate the 
     sharing of information on oversight of the dairy industry to 
     ensure fair competition.
       (b) Duties.--The official selected under subsection (a) 
     shall--
       (1) serve as a liaison among the Agricultural Marketing 
     Service, Farm Service Agency, and National Agricultural 
     Statistics Service;
       (2) coordinate and maintain informal communications as 
     appropriate with other Federal agencies with an involvement 
     or interest in the dairy industry or fair competition;
       (3) hold at least 1 formal annual meeting during each 
     calendar year; and
       (4) submit to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate, and make available to the public, 
     an annual report that describes issues of concern in the 
     dairy industry that threaten fair competition, including an 
     evaluation of dairy markets with respect to the impact of 
     those markets on--
       (A) reported dairy prices;
       (B) Federal milk marketing order prices; and
       (C) other Federal dairy programs.
       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.
       On page 336, strikes lines 1 through 21 and insert the 
     following:
       ``(3) Payments.--Compensation may be provided in not less 
     than 1 and not more than 30 annual payments of equal or 
     unequal size, as agreed to by the owner and the Secretary.''; 
     and
       (4) by adding at the end 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 subparagraphs (A), (B), and (C):
       ``(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, with advice from the State technical 
     committee, based on 1 of the following:
       ``(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.
       ``(iii) An amount not less than the value of the 
     agricultural or otherwise undeveloped raw land based on the 
     Uniform Standards of Professional Appraisal Practice.
       ``(B) The amount corresponding to a geographical area value 
     limitation, as determined by the State Conservationist, with 
     advice from the State technical committee.
       ``(C) The amount contained in the offer made by the 
     landowner.''.
       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

[[Page 34496]]

     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 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.''.
       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.''.
       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, acting through 
     the State Conservationist, shall designate special projects 
     to enhance conservation outcomes by working with multiple 
     producers to address conservation issues, if recommended by 
     the State Conservationist, in consultation with the State 
     technical committee.
       ``(2) Guidelines.--The Secretary shall establish guidelines 
     to be used by States in the designation of special projects 
     under paragraph (1).
       ``(3) 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; and
       ``(E) promoting the development and demonstration of 
     innovative conservation methods.
       ``(4) 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.
       ``(5) Special project application.--To apply for 
     designation as a special project, 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 the plan for monitoring, evaluating, 
     and reporting on any progress made towards achieving the 
     purposes of the special project; and
       ``(E) such other information as described in guidelines 
     established by the Secretary under paragraph (2).
       ``(6) 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 (3).
       ``(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 the 
     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) innovation in conservation methods and delivery, 
     including outcome-based performance measures and methods; and
       ``(V) 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 (3).
       ``(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 rules governing appeals, payment 
     limitations, and conservation compliance.
       ``(ii) Flexibility.--The Secretary may adjust elements of 
     the programs under this

[[Page 34497]]

     title, as requested by the State Conservationist, 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.
       ``(7) 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 (4); 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).
       ``(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--
       ``(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;
       ``(hh) the Ogallala Aquifer;
       ``(ii) the Illinois River watershed (located in the States 
     of Arkansas and Oklahoma);
       ``(jj) the Champlain Basin watershed;
       ``(kk) the Platte River watershed;
       ``(ll) the Republican River watershed;
       ``(mm) the Chattahoochee River watershed; and
       ``(nn) the Rio Grande watershed.
       ``(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.
       ``(8) 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.
       ``(9) 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 of the funds allocated to 
     each State for use for activities under this subsection.
       ``(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 of acres allocated to each State for use 
     for activities under this subsection.
       ``(B) Use of resources.--Of the funds reserved and acres 
     allocated to each State under this subsection in each fiscal 
     year, the Secretary shall--
       ``(i) allocate not less than 75 percent to be used by the 
     State Conservationist to carry out special projects under 
     this subsection (including regional water enhancement 
     projects); and

[[Page 34498]]

       ``(ii) use not more than 25 percent for multistate projects 
     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.''.
       On page 499, strike lines 1 through 12 and insert the 
     following:

     SEC. 2607. DESERT TERMINAL LAKES.

       Section 2507 of the Farm Security and Rural Investment Act 
     of 2002 (43 U.S.C. 2211 note; Public Law 107-171) is 
     amended--
       (1) in subsection (a), by striking ``, as soon as 
     practicable after the date of enactment of this Act,'' and 
     inserting the following: ``and paragraph (1) of section 
     207(a) of Public Law 108-7 (117 Stat. 146), notwithstanding 
     paragraph (3) of that section, on the date of enactment of 
     the Food and Energy Security Act of 2007,''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Permitted Uses.--In any case in which there are 
     willing sellers, the funds described in subsection (a) may be 
     used--
       ``(1) to lease water; or
       ``(2) to purchase land, water appurtenant to the land, and 
     related interests in the Walker River Basin in accordance 
     with section 208(a)(1)(A) of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103, 119 Stat. 
     2268).''.
       On page 448, lines 12 through 14, strike ``more than 50 
     percent of the annual income of the farmer or rancher'' and 
     insert ``at least $15,000 in gross sales''.
       On page 407, line 3, strike ``A contract'' and insert 
     ``Notwithstanding section 1240B(b)(2)(A), a contract''.
       On page 456, line 15, strike ``agricultural producers'' and 
     insert ``eligible participants''.
       On page 457, lines 12 through 14, strike ``specialty crop, 
     organic, and precision agriculture producers'' and insert 
     ``producers involved with organic or specialty crop 
     production or precision agriculture''.
       On page 457, lines 20 through 22, strike ``specialty crop, 
     organic, and precision agriculture producers'' and insert 
     ``producers involved with organic or specialty crop 
     production or precision agriculture''.
       On page 458, lines 5 and 6, strike ``specialty crop, 
     organic, and precision agriculture producers'' and insert 
     ``producers involved with organic or specialty crop 
     production or precision agriculture''.
       On page 414, line 1, strike ``other'' and insert ``any 
     other''.
       On page 395, strike lines 10 through 12 and insert the 
     following:
       ``(2) improve conservation practices or systems in place on 
     the operation at the time the contract offer is accepted or 
     to complete a conservation system; and''.
       On page 454, between lines 24 and 25, insert the following:
       ``(5) Payment amounts.--The Secretary shall establish fair 
     and reasonable amounts of payments for technical services 
     provided by third-party providers.
       Beginning on page 506, strike line 10 and all that follows 
     through page 507, line 14.
       On page 432, strike lines 18 through 22 and insert the 
     following:

     SEC. 2395. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND 
                   SEDIMENT CONTROL.

       Section 1240P of the Food Security Act of 1985 (16 U.S.C. 
     3839bb-3) is amended to read as follows:

     ``SEC. 1240P. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND 
                   SEDIMENT CONTROL.

       ``(a) In General.--The Secretary, in consultation with the 
     Great Lakes Commission created by Article IV of the Great 
     Lakes Basin Compact (82 Stat. 415) and in cooperation with 
     the Administrator of the Environmental Protection Agency and 
     the Secretary of the Army, may carry out the Great Lakes 
     basin program for soil erosion and sediment control (referred 
     to in this section as the `program') to assist in 
     implementing the recommendations of the Great Lakes Regional 
     Collaboration Strategy to Restore and Protect the Great 
     Lakes.
       ``(b) Assistance.--In carrying out the program, the 
     Secretary may--
       ``(1) provide project demonstration grants, provide 
     technical assistance, and carry out information and 
     educational programs to improve water quality in the Great 
     Lakes basin by reducing soil erosion and improving sediment 
     control; and
       ``(2) establish a priority for projects and activities 
     that--
       ``(A) directly reduce soil erosion or improve sediment 
     control;
       ``(B) reduce soil loss in degraded rural watersheds; or
       ``(C) improve hydrological conditions in urban watersheds.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2008 through 2012.''.
       On page 1130, strike lines 15 through 17 and insert the 
     following:
       ``(2) Demonstration.--The term ``demonstration'' means 
     demonstration of technology in a pilot plant or semi-works 
     scale facility, including a plant or facility located on a 
     farm.
       On page 1143, strike lines 14 and insert the following:
       ``(iv) power production technologies, including distributed 
     generation;
       On page 674, between lines 10 and 11, insert the following:

     SEC. 49__. AGRICULTURAL POLICY AND PUBLIC HEALTH.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study to assess whether the 
     agricultural policies of the United States have an impact on 
     health, nutrition, overweight and obesity, and diet-related 
     chronic disease.
       (b) Requirements.--In conducting the study under subsection 
     (a), the Comptroller General of the United States shall--
       (1) review, and evaluate the methodological rigor of, 
     existing literature and studies relating to the subjects of 
     the study required under subsection (a);
       (2) summarize the existing literature and explain the 
     extent, if any, to which the literature shows a clear 
     association or causal relationship between United States 
     agricultural policy and health, nutrition, overweight and 
     obesity, and diet-related chronic diseases; and
       (3) if the existing literature shows that there is a 
     relationship between United States agricultural policy and 
     health, nutrition, overweight and obesity, and diet-related 
     chronic diseases, make recommendations to guide or revise 
     Federal agricultural policies to improve health and reduce 
     obesity and diet-related chronic disease.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this section, the Comptroller General of the 
     United States 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 of the study conducted under this 
     section.
       At the appropriate place in title XI, insert the following:

     SEC. 11___. DEPARTMENT OF AGRICULTURE CONFERENCE 
                   TRANSPARENCY.

       (a) Reports on Conference Expenditures.--For fiscal year 
     2008 and each fiscal year thereafter, the Secretary shall 
     submit to the Inspector General of the Department of 
     Agriculture quarterly reports that describe the costs and 
     contracting procedures relating to each conference or meeting 
     held by the Department of Agriculture during the quarter 
     covered by the report for which the cost to the Federal 
     Government was more than $10,000.
       (b) Requirements.--Each report submitted under subsection 
     (a) shall include, for each conference and meeting covered by 
     the report--
       (1) a description of the number participants attending, and 
     the purpose of those participants for attending, the 
     conference or meeting;
       (2) a detailed statement of the costs incurred by the 
     Federal Government relating to that conference or meeting, 
     including--
       (A) the cost of any food or beverages;
       (B) the cost of any audio-visual services;
       (C) the cost of all related travel; and
       (D) a discussion of the methodology used to determine which 
     costs relate to that conference or meeting; and
       (3) a description of the contracting procedures relating to 
     that conference or meeting, including--
       (A) whether contracts were awarded on a competitive basis; 
     and
       (B) a discussion of any cost comparison conducted by the 
     Department of Agriculture in evaluating potential contractors 
     for any conference or meeting.
       (c) Travel Expenses.--
       (1) Definition of conference.--In this subsection, the term 
     ``conference'' means a meeting that--
       (A) is held for consultation, education, awareness, or 
     discussion;
       (B) includes participants who are not all employees of the 
     same agency;
       (C) is not held entirely at an agency facility;
       (D) involves costs associated with travel and lodging for 
     some participants; and
       (E) is sponsored by 1 or more agencies, 1 or more 
     organizations that are not agencies, or a combination of 
     those agencies or organizations.
       (2) Report.--Not later than September 30 of each fiscal 
     year, the Secretary shall submit to the Committee on 
     Agriculture of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate, and 
     post on the public website of the Department of Agriculture 
     in a searchable, electronic format, a report on each 
     conference for which the Department of Agriculture paid 
     travel expenses during the fiscal year covered by the report, 
     including--
       (A) a description of--
       (i) the itemized expenses paid by the Department of 
     Agriculture, including travel expenses and any other 
     expenditures to support the conference;
       (ii) the primary sponsor of the conference; and

[[Page 34499]]

       (iii) the location of the conference; and
       (B) in the case of a conference for which the Department of 
     Agriculture was the primary sponsor, a statement that--
       (i) justifies the location selected;
       (ii) demonstrates the cost efficiency of the location;
       (iii) specifies the date or dates of the conference;
       (iv) includes a brief explanation of the ways in which the 
     conference advanced the mission of the Department of 
     Agriculture; and
       (v) specifies the total number of individuals whose travel 
     or attendance at the conference was paid for, in whole or in 
     part, by the Department of Agriculture.
       Strike section 11068 (relating to prevention and 
     investigation of payment fraud and error) and insert the 
     following:

     SEC. 11068. AMENDMENT TO THE RIGHT TO FINANCIAL PRIVACY ACT 
                   OF 1978.

       Section 1113(k) of the Right to Financial Privacy Act of 
     1978 (12 U.S.C. 3413(k)) is amended--
       (1) by striking the subsection heading and inserting the 
     following:
       ``(k) Disclosure Necessary for Proper Administration of 
     Programs of Certain Government Authorities.--''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Nothing in this title shall apply to the disclosure 
     by the financial institution of information contained in the 
     financial records of any customer to any Government authority 
     that certifies, disburses, or collects payments, where the 
     disclosure of such information is necessary to, and such 
     information is used solely for the purpose of--
       ``(A) verification of the identity of any person or proper 
     routing and delivery of funds in connection with the issuance 
     of a Federal payment or collection of funds by a Government 
     authority; or
       ``(B) the investigation or recovery of an improper Federal 
     payment or collection of funds or an improperly negotiated 
     Treasury check.
       ``(3) Notwithstanding any other provision of law, a request 
     authorized by paragraph (1) or (2) (and the information 
     contained therein) may be used by the financial institution 
     or its agents solely for the purpose of providing information 
     contained in the financial records of the customer to the 
     Government authority requesting the information, and the 
     financial institution and its agents shall be barred from 
     redisclosure of such information. Any Government authority 
     receiving information pursuant to paragraph (1) or (2) may 
     not disclose or use the information, except for the purposes 
     set forth in such paragraph.''.
       On page 1264, between lines 4 and 5, insert the following:

     SEC. 1102_. PLANT PROTECTION.

       (a) Civil Penalties for Violations.--Section 424(b)(1) of 
     the Plant Protection Act (7 U.S.C. 7734(b)(2)) is amended by 
     striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) $50,000 in the case of any individual (except that 
     the civil penalty may not exceed $1,000 in the case of an 
     initial violation of this title by an individual moving 
     regulated articles not for monetary gain);
       ``(B) $250,000 in the case of any other person for each 
     violation;
       ``(C) $500,000 for each violation adjudicated in a single 
     proceeding;
       ``(D) $1,000,000 for each violation adjudicated in a single 
     proceeding involving a genetically modified organism (as 
     determined by the Secretary); or
       ``(E) twice the gross gain or gross loss for any violation, 
     forgery, counterfeiting, unauthorized use, defacing, or 
     destruction of a certificate, permit, or other document 
     provided for in this title that results in the person 
     deriving pecuniary gain or causing pecuniary loss to 
     another.''.
       (b) Time for Commencing Proceedings.--Subtitle B of the 
     Plant Protection Act (7 U.S.C. 7731 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 427. TIME FOR COMMENCING PROCEEDINGS.

       ``An action, suit, or proceeding with respect to an alleged 
     violation of this title shall not be considered unless the 
     action, suit, or proceeding is commenced not later than 5 
     years after the date the violation is initially discovered by 
     the Secretary.''.
       Beginning on page 1097, strike line 1 and all that follows 
     through page 1103, line 15, and insert the following:

     ``SEC. 9004. BIOMASS CROP TRANSITION.

       ``(a) Definitions.--In this section:
       ``(1) Eligible crop.--
       ``(A) In general.--The term `eligible crop' means a crop of 
     renewable biomass.
       ``(B) Exclusions.--The term `eligible crop' does not 
     include any plant that--
       ``(i) 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
       ``(ii) 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.
       ``(2) Eligible land.--The term `eligible land' means 
     private agricultural or forest land that the Secretary 
     determines was planted or considered to be planted for at 
     least 4 of the 6 years preceding the date of enactment of the 
     Food and Energy Security Act of 2007.
       ``(3) Eligible participant.--The term `eligible 
     participant' means an agricultural producer, forest land 
     owner, or other individual holding the right to collect or 
     harvest renewable biomass--
       ``(A) that is establishing 1 or more eligible crops on 
     eligible land to be used in the production of advanced 
     biofuels, other biobased products, heat, or power from a 
     biomass conversion facility;
       ``(B) that is collecting or harvesting renewable biomass to 
     be used in the production of advanced biofuels, other 
     biobased products, heat, or power from a biomass conversion 
     facility;
       ``(C) that has a letter of intent or proof of financial 
     commitment from a biomass conversion facility, including a 
     proposed biomass conversion facility that is economically 
     viable, as determined by the Secretary, to purchase the 
     eligible crops; and
       ``(D) the production operation of which is in such 
     proximity to the biomass conversion facility described in 
     subparagraph (C) as to make delivery of the eligible crops to 
     that location economically practicable.
       ``(b) Biomass Crop Transition Assistance.--
       ``(1) Establishment of program.--The Secretary shall 
     establish a program to provide transitional assistance, 
     including planning grants, for the establishment and 
     production of eligible crops to be used in the production of 
     advanced biofuels, other biobased products, heat, or power 
     from a biomass conversion facility.
       ``(2) Exclusion.--An agricultural producer shall not be 
     eligible for assistance under paragraph (1) for the 
     establishment and production of--
       ``(A) any crop that is eligible for benefits under title I 
     of the Food and Energy Security Act of 2007; or
       ``(B) an annual crop.
       ``(3) Contracts.--
       ``(A) In general.--The Secretary shall enter into contracts 
     with eligible participants and entities described in 
     subparagraph (B) to provide transitional assistance payments 
     to eligible participants.
       ``(B) Contracts with member entities.--The Secretary may 
     enter into 1 or more contracts with farmer-owned 
     cooperatives, agricultural trade associations, or other 
     similar entities on behalf of producer members that meet the 
     requirements of, and elect to be treated as, eligible 
     participants if the contract would offer greater efficiency 
     in administration of the program.
       ``(C) Requirements.--Under a contract described in 
     subparagraph (A), an eligible participant shall be required, 
     as determined by the Secretary--
       ``(i) to produce 1 or more eligible crops;
       ``(ii) to develop and actively apply a conservation plan 
     that meets the requirements for highly erodible land 
     conservation and wetlands conservation as established under 
     subtitles B and C of title XII of the Food Security Act of 
     1985 (16 U.S.C. 3811 et seq.); and
       ``(iii) to agree to implement a conservation plan approved 
     by the local soil conservation district, in consultation with 
     the local committees established under section 8(b)(5) of the 
     Soil Conservation and Domestic Allotment Act (16 U.S.C. 
     590h(B)(5)) and the Secretary, or by the Secretary to use 
     such conservation practices as are necessary, where 
     appropriate--

       ``(I) to advance the goals and objectives of State, 
     regional, and national fish and wildlife conservation plans 
     and initiatives; and
       ``(II) to comply with mandatory environmental requirements 
     for a producer under Federal, State, and local law.

       ``(4) Payments.--
       ``(A) First year.--During the first year of the contract, 
     the Secretary shall make a payment to an eligible participant 
     in an amount that covers the cost of establishing 1 or more 
     eligible crops.
       ``(B) Subsequent years.--During any subsequent year of the 
     contract, the Secretary shall make incentive payments to an 
     eligible participant in an amount determined by the Secretary 
     to encourage the eligible participant to produce renewable 
     biomass.
       ``(5) Applications.--An application to the Secretary for 
     assistance shall include--
       ``(A) identification of the proposed biomass conversion 
     facility for which the crop is intended;
       ``(B) letters of intent or proof of financial commitment 
     from the biomass conversion facility to purchase the crop; 
     and
       ``(C) documentation from each eligible participant that 
     describes--
       ``(i) the variety and acreage of the eligible crop the 
     eligible participants have committed to producing; and
       ``(ii) the variety and acreage of crops that the eligible 
     participants would have grown if the eligible participants 
     had not committed to producing the eligible crop.
       ``(6) Selection criteria.--In selecting from applications 
     submitted under this subsection, the Secretary shall 
     consider--
       ``(A) the likelihood that the proposed establishment of the 
     eligible crop will be viable within the proposed locale;
       ``(B) the impact of the proposed eligible crop and 
     conversion system on wildlife, air, soil, and water quality 
     and availability; and

[[Page 34500]]

       ``(C) local and regional economic impacts and benefits, 
     including participation of beginning farmers or ranchers and 
     socially disadvantaged farmers or ranchers.
       ``(7) Eligible crop transition planning grants.--
       ``(A) In general.--An eligible participant or member entity 
     (as described in paragraph (3)(B)) may apply for a project 
     planning grant in an amount of not more than $50,000 to 
     assist in assessing the viability for, or assembling of, a 
     regional supply of 1 or more eligible crops for use by a 
     bioenergy conversion facility.
       ``(B) Matching requirement.--To receive a planning grant 
     under subparagraph (A), an eligible participant or member 
     entity shall provide matching funding in an amount equal to 
     100 percent of the amount of the grant.
       ``(c) Assistance for Production of Annual Crop of Renewable 
     Biomass.--
       ``(1) In general.--The Secretary may provide assistance to 
     eligible participants to plant an annual crop of renewable 
     biomass for use in a biomass conversion facility in the form 
     of--
       ``(A) technical assistance; and
       ``(B) cost-share assistance for the cost of establishing an 
     annual crop of renewable biomass.
       ``(2) Exclusion.--An agricultural producer shall not be 
     eligible for assistance under paragraph (1) for the 
     establishment of any crop that is eligible for benefits under 
     title I of the Food and Energy Security Act of 2007.
       ``(3) Compliance.--Eligible participants receiving 
     assistance under paragraph (1)(B) shall develop and actively 
     apply a conservation plan that meets the requirements for 
     highly erodible land conservation and wetlands conservation 
     as established under subtitles B and C of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3811 et seq.).
       ``(d) Assistance for Collection, Harvest, Storage, and 
     Transport of Renewable Biomass.--
       ``(1) Establishment of program.--The Secretary shall 
     establish a program to provide assistance to eligible 
     participants for collecting, harvesting, storing, and 
     transporting renewable biomass to be used in the production 
     of advanced biofuels, biobased products, heat, or power from 
     a biomass conversion facility.
       ``(2) Payments.--
       ``(A) In general.--An eligible participant 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 renewable biomass; and
       ``(ii) such other factors as the Secretary determines to be 
     appropriate.
       ``(e) Assistance for Forest Biomass Planning.--
       ``(1) In general.--The Secretary shall provide assistance 
     to eligible participants to develop forest stewardship plans 
     that involve management of forest biomass for delivery to a 
     biomass conversion facility through--
       ``(A) a State forestry agency; or
       ``(B) a contract or agreement with a third-party provider 
     in accordance with section 1242 of the Food Security Act of 
     1985 (16 U.S.C. 3842).
       ``(2) Management practices.--The Secretary shall ensure 
     that any plan developed using assistance provided under 
     paragraph (1) includes management practices that will protect 
     soil, water, and wildlife habitat resources on the land 
     covered by the plan.
       ``(f) Best Practices.--
       ``(1) Recordkeeping.--Each eligible participant, and each 
     biomass conversion facility contracting with the eligible 
     participant, shall maintain and make available to the 
     Secretary, at such times as the Secretary may request, 
     appropriate records of methods used for activities for which 
     payment is received under this section.
       ``(2) Information sharing.--From the records maintained 
     under subparagraph (A), the Secretary shall maintain, and 
     make available to the public, information regarding--
       ``(A) the production potential (including evaluation of the 
     environmental benefits) of a variety of eligible crops; and
       ``(B) best practices for producing, collecting, harvesting, 
     storing, and transporting eligible crops to be used in the 
     production of advanced biofuels.
       ``(g) Funding.--
       ``(1) Biomass crop transition assistance.--Of the funds of 
     the Commodity Credit Corporation, the Secretary shall use to 
     carry out subsections (b) and (c) $130,000,000 for fiscal 
     year 2008, to remain available until expended, of which not 
     more than $5,000,000 may be used to carry out subsection 
     (b)(7).
       ``(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 (d) $10,000,000 for each of 
     fiscal years 2009 through 2011, to remain available until 
     expended.
       ``(3) Assistance for forest biomass planning.--Of the funds 
     made available under paragraph (1), the Secretary shall use 
     not more than 5 percent to carry out subsection (e).
       Strike section 10101 (relating to definitions) and insert 
     the following:

     SEC. 10101. DEFINITIONS.

       Section 3 of the Agricultural Fair Practices Act of 1967 (7 
     U.S.C. 2302) is amended--
       (1) by striking ``When used in this Act--'' and inserting 
     ``In this Act:'';
       (2) in subsection (a)--
       (A) by redesignating paragraphs (1) through (4) as clauses 
     (i) through (iv), respectively; and
       (B) in clause (iv) (as so redesignated), by striking 
     ``clause (1), (2), or (3) of this paragraph'' and inserting 
     ``clause (i), (ii), or (iii)'';
       (3) by striking subsection (d);
       (4) by redesignating subsections (a), (b), (c), and (e) as 
     paragraphs (3), (4), (2), (1), respectively, indenting 
     appropriately, and moving those paragraphs so as to appear in 
     numerical order;
       (5) in each paragraph (as so redesignated) that does not 
     have a heading, by inserting a heading, in the same style as 
     the heading in the amendment made by paragraph (6), the text 
     of which is comprised of the term defined in the paragraph;
       (6) in paragraph (2) (as so redesignated)--
       (A) by striking ``The term `association of producers' 
     means'' and inserting the following:
       ``(2) Association of producers.--
       ``(A) In general.--The term `association of producers' 
     means''; and
       (B) by adding at the end the following:
       ``(B) Inclusion.--The term `association of producers' 
     includes an organization of agricultural producers dedicated 
     to promoting the common interest and general welfare of 
     producers of agricultural products.'';
       (7) in paragraph (3) (as so redesignated)--
       (A) by striking ``The term'' and inserting the following:
       ``(3) Handler.--
       ``(A) In general.--The term''; and
       (B) by inserting after clause (iv) of subparagraph (A) (as 
     redesignated by subparagraph (A) and paragraph (2)) the 
     following:
       ``(B) Exclusion.--The term `handler' does not include--
       ``(i) a producer; or
       ``(ii) a person, other than a packer (as defined in section 
     201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)), 
     that provides custom feeding services for a producer.''; and
       (8) by adding at the end the following:
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.''.
       On page 868, between lines 15 and 16, insert the following:

     SEC. 6___. COMPREHENSIVE RURAL BROADBAND.

       (a) Comprehensive Rural Broadband Strategy.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Chairman 
     of the Federal Communications Commission, in coordination 
     with the Secretary, shall submit to the Committees on Energy 
     and Commerce and Agriculture of the House of Representatives 
     and the Committees on Commerce, Science, and Transportation 
     and 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; and
       (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
       (B) a description of goals and timeframes to achieve the 
     strategic plans and visions identified in the report.
       (2) Updates.--The Chairman of the Federal Communications 
     Commission, in coordination with the Secretary shall update 
     and evaluate the report described in paragraph (1) on an 
     annual basis.
       (b) Rural Broadband.--Section 306(a)(20)(E) of the 
     Consolidated Rural Development Act (7 U.S.C. 1926(a)(20)(E)) 
     is amended by striking ``dial-up Internet access or''.
       On page 868, line 25, strike ``residents'' and insert 
     ``beneficiaries''.
       On page 525, strike lines 1 through 4 and insert the 
     following:

     SEC. 3014. PILOT PROGRAM FOR LOCAL PURCHASE.

       Chapter 1 of part I of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2151 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 136. PILOT PROGRAM FOR LOCAL PURCHASE OF ELIGIBLE 
                   COMMODITIES.

       On page 525, between lines 5 and 6, insert the following:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Agency for International Development.

[[Page 34501]]

       On page 525-526, number other paragraphs accordingly.
       On page 525, lines 6 and 7, strike ``Notwithstanding 
     section 402(2), the term'' and insert ``The term''.
       On page 525, line 17, insert ``of the Food for Peace Act'' 
     after ``section 202(d)''.
       On page 526, lines 4 through 6, strike ``Notwithstanding 
     section 407(c)(1)(A), the Administrator, in consultation with 
     the Secretary'' and insert ``The Administrator''.
       On page 527, lines 5 and 6, strike ``Subject to subsections 
     (a), (b), (f), and (h) of section 403, eligible commodities'' 
     and insert ``Eligible commodities''.
       On page 529, strike lines 10 through 12.
       On page 534, strike lines 1 through 11 and insert the 
     following:
       ``(k) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     $25,000,000 for each of the fiscal years 2009 through 2012 to 
     carry out this section.
       ``(2) Availability.--Any amounts appropriated pursuant to 
     paragraph (1) shall remain available until expended.''.
       On page 1391, between lines 16 and 17, insert the 
     following:
       ``(k) No Duplicative Payments.--In implementing any other 
     program which makes disaster assistance payments (except for 
     indemnities made under the Federal Crop Insurance Act and 
     section 196 of the Federal Agriculture Improvement and Reform 
     Act of 1996), the Secretary shall prevent duplicative 
     payments with respect to the same loss for which a person 
     receives a payment under subsections (b), (c), (d), or (e).
       In section 1101, strike subsection (c) and insert the 
     following:
       (c) Reduction in Base Acres.--
       (1) Reduction at option of owner.--
       (A) In general.--The owner of a farm may reduce, at any 
     time, the base acres for any covered commodity for the farm.
       (B) Effect of reduction.--A reduction under subparagraph 
     (A) shall be permanent and made in a manner prescribed by the 
     Secretary.
       (2) Required action by secretary.--
       (A) In general.--The Secretary shall suspend all direct, 
     counter-cyclical, and average crop revenue payments on base 
     acres for covered commodities for land that is no longer a 
     farming operation or used in conjunction with a farming 
     operation, as determined by the Secretary.
       (B) Reduction.--The Secretary shall reduce base acres for 
     covered commodities in a manner prescribed by the Secretary, 
     for land that--
       (i) has been developed for commercial or industrial use 
     unless the producer demonstrates that the land remains 
     devoted exclusively to agricultural production; or
       (ii) has been subdivided and developed for multiple 
     residential units or other nonfarming uses, unless the 
     producer demonstrates that the land remains devoted 
     exclusively to agricultural production.
       (3) Review and report.--Each year, to ensure, to the 
     maximum extent practicable, that payments are received only 
     by producers, the Secretary shall--
       (A) track each reconstitution of land that is reported by a 
     producer that is covered by paragraph (2);
       (B) include in any end-of-the-year review for purposes of 
     payment limitations or other compliance inspections or other 
     actions taken by the Secretary, a review to ensure compliance 
     with paragraph (2); and
       (C) submit to Congress a report that describes the results 
     of the actions taken under subparagraphs (A) and (B).
       In section 1302, strike subsection (c) and insert the 
     following:
       (c) Reduction in Base Acres.--
       (1) Reduction at option of owner.--
       (A) In general.--The owner of a farm may reduce, at any 
     time, the base acres for peanuts for the farm.
       (B) Effect of reduction.--A reduction under subparagraph 
     (A) shall be permanent and made in a manner prescribed by the 
     Secretary.
       (2) Required action by secretary.--
       (A) In general.--The Secretary shall suspend all direct, 
     counter-cyclical, and average crop revenue payments on base 
     acres for peanuts for land that is no longer a farming 
     operation or used in conjunction with a farming operation, as 
     determined by the Secretary.
       (B) Reduction.--The Secretary shall reduce base acres for 
     peanuts in a manner prescribed by the Secretary, for land 
     that--
       (i) has been developed for commercial or industrial use 
     unless the producer demonstrates that the land remains 
     devoted exclusively to agricultural production; or
       (ii) has been subdivided and developed for multiple 
     residential units or other nonfarming uses, unless the 
     producer demonstrates that the land remains devoted 
     exclusively to agricultural production.
       (3) Review and report.--Each year, to ensure, to the 
     maximum extent practicable, that payments are received only 
     by producers, the Secretary shall--
       (A) track each reconstitution of land that is reported by a 
     producer that is covered by paragraph (2);
       (B) include in any end-of-the-year review for purposes of 
     payment limitations or other compliance inspections or other 
     actions taken by the Secretary, a review to ensure compliance 
     with paragraph (2); and
       (C) submit to Congress a report that describes the results 
     of the actions taken under subparagraphs (A) and (B).
       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.
       On page 394, strike line 25 and insert the following:

     as determined by the Secretary.
       ``(i) Air Quality Improvement Practice.--
       ``(1) In general.--The Secretary shall provide technical 
     and financial assistance to a producer to promote air quality 
     improvements and address air quality concerns associated with 
     agriculture.
       ``(2) Priority.--In providing assistance for improvements 
     in air quality, the Secretary shall give priority to 
     applications that--
       ``(A) are located in areas--
       ``(i) that are nonattainment areas with respect to ambient 
     air quality standards; or
       ``(ii) in which there is air quality degradation recognized 
     by a State or local agency or by the Secretary (in 
     consultation with the State Technical Committee) to which 
     agricultural emissions significantly contribute;
       ``(B) are the most cost-effective in addressing air quality 
     concerns; and

[[Page 34502]]

       ``(C)(i) reduce emissions and air pollutant precursors from 
     agricultural operations, including through making 
     improvements in mobile or stationary equipment (including 
     engines);
       ``(ii) would assist producers in meeting Federal, State, or 
     local regulatory requirements relating to air quality;
       ``(iii) are part of a group of producers implementing 
     eligible conservation activities in a coordinated manner to 
     promote air quality; or
       ``(iv) reflect innovative approaches and technologies.''.
       On page 1045, after line 2, insert the following:

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

       (a) Study by the Department of Agriculture.--
       (1) In general.--The Secretary of Agriculture, in 
     coordination with the Economic Research Service, and after 
     consultation with the Secretary of Health and Human Services, 
     shall conduct a study and report to Congress on the state of 
     domestic and international markets for products from cloned 
     animals, including consumer acceptance. Such report shall be 
     submitted to Congress no later than 180 days after the date 
     of enactment of this Act.
       (2) Content.--The study and report under paragraph (1) 
     shall include a description of how countries regulate the 
     importation of food and agricultural products (including 
     dairy products), the basis for such regulations, and 
     potential obstacles to trade.
       (b) Study With the National Academy of Sciences.--
       (1) In general.--The Secretary of Health and Human Services 
     shall contract with the National Academy of Sciences to 
     conduct a study and report to Congress regarding the safety 
     of food products derived from cloned animals and the health 
     effects and costs attributable to milk from cloned animals in 
     the food supply. Such report shall be submitted to Congress 
     no later than 1 year after the date of enactment of this Act.
       (2) Content.--The study and report under paragraph (1) 
     shall include--
       (A) a review and an assessment of whether the studies 
     (including peer review studies), data, and analysis used in 
     the draft risk assessment issued by the Food and Drug 
     Administration entitled Animal Cloning: A Draft Risk 
     Assessment (issued on December 28, 2006) supported the 
     conclusions drawn by such draft risk assessment and--
       (i) whether there were a sufficient number of studies to 
     support such conclusions; and
       (ii) whether additional pertinent studies and data exist 
     which were not considered in the draft risk assessment and 
     how this additional information affects the conclusions drawn 
     in such draft risk assessment; and
       (B) an evaluation and measurement of the potential public 
     health effects and associated health care costs, including 
     any consumer behavior changes and negative impacts on 
     nutrition, health, and chronic diseases that may result from 
     any decrease in dairy consumption, attributable to the 
     commercialization of milk from cloned animals and their 
     progeny.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to impede ongoing scientific research in artificial 
     reproductive health technologies.
       (d) Timeframe of Final Risk Assessment.--Notwithstanding 
     any other provision of law, the Secretary of Health and Human 
     Services (acting through the Commissioner of Food and Drugs) 
     shall not issue the final risk assessment on the safety of 
     cloned animals and food products derived from cloned animals 
     until the date that the Secretary of Agriculture and the 
     Secretary of Health and Human Services complete the studies 
     required under this section.
       (e) Continuance of Moratorium.--Any voluntary moratorium on 
     introducing food from cloned animals or their progeny into 
     the food supply shall remain in effect at least until the 
     date that the Secretary of Health and Human Services (acting 
     through the Commissioner of Food and Drugs) issues the final 
     risk assessment described in subsection (d).
       Strike Section 10305 of Livestock title and replace with 
     this section:
       (a) Not later than 180 days after the date of enactment of 
     this Act, the Secretary shall promulgate regulations 
     consistent with the Freedom of Information Act, 5 U.S.C. 552, 
     et seq., regarding the disclosure of information submitted by 
     farmers and ranchers who participate in the National Animal 
     Identification System. The regulations promulgated, which 
     shall be subject to a public comment period before 
     finalizing, should address the protection of trade secrets 
     and other proprietary and/or confidential business 
     information that farmers and ranchers disclose in the course 
     of participation in National Animal Identification System.
       On page 778, between lines 2 and 3, insert the following:
       (c) Commercial Fishing.--Section 343 of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 1991) is amended--
       (1) in subsection (a), by inserting ``and, in the case of 
     subtitle B, commercial fishing'' before the period at the end 
     of each of paragraphs (1) and (2); and
       (2) by adding at the end the following:
       ``(c) Definition of Farm.--In subtitle B, the term `farm' 
     includes a commercial fishing enterprise the owner or 
     operator of which is unable to obtain commercial credit from 
     a bank or other lender, as determined by the Secretary.''.
       On page 309, strike lines 7 through 22 and insert the 
     following:
       ``(D) Exceptions.--The Secretary may exceed the limitation 
     in subparagraph (A) if the Secretary determines that--
       ``(i)(I) the action would not adversely affect the local 
     economy of a county; and
       ``(II) operators in the county are having difficulties 
     complying with conservation plans implemented under section 
     1212;
       ``(ii)(I) the acreage to be enrolled could not be used for 
     an agricultural purpose as a result of a State or local law, 
     order, or regulation prohibiting water use for agricultural 
     production; and
       ``(II) enrollment in the program would benefit the acreage 
     enrolled or land adjacent to the acreage enrolled; or
       ``(iii) with respect to cropland in counties in the State 
     of Washington that exceed the limitation described in 
     subparagraph (A) as of the date of enrollment in the 
     program--

       ``(I) the acreage to be enrolled is considered to be 
     essential by Federal or State plans for a sustainable 
     wildlife habitat; and
       ``(II) enrollment in the program would assist the producer 
     in meeting environmental goals in the Federal or State 
     plans.''.

       In Section 10208 (regulations) (Livestock Title), 
     Subsection (b) is stricken, and replaced with:
       ``The Secretary shall ensure that regulations promulgated 
     pursuant to subsection (a)(1) prevent discrimination against 
     producers with a smaller volume of business. Nothing in this 
     subsection shall be construed to require any person to enter 
     into a business transaction with a producer due solely to 
     that producer's volume of business.''
       On page 309, line 17, insert ``or is precluded from 
     planting'' before ``as a result''.
       On page 310, strike lines 4 through 8 and insert the 
     following:
       ``(F) Enrollment.--The Secretary shall enroll acreage 
     described in subparagraph (D)(ii) not later than 180 days 
     after the date of a request by a landowner to enroll the 
     acreage.
       ``(G) Payments.--Rental payments for acreage described in 
     subparagraph (D)(ii) shall be based on the cash rent market 
     value prior to the application of a State or local law, 
     order, or regulation prohibiting water use for agricultural 
     production.
       At the appropriate place, insert the following:

     SEC. __. NATIONAL EMERGENCY GRANT TO ADDRESS EFFECTS OF 
                   GREENSBURG, KANSAS TORNADO.

       (a) Definitions.--In this section:
       (1) Covered funds.--The term ``covered funds'' means funds 
     provided under section 173 of the Workforce Investment Act of 
     1998 (29 U.S.C. 2918) to a State that submits an application 
     under that section not earlier than May 4, 2007, for a 
     national emergency grant to address the effects of the May 4, 
     2007, Greensburg, Kansas tornado.
       (2) Professional municipal services.--The term 
     ``professional municipal services'' means services that are 
     necessary to facilitate the recovery of Greensburg, Kansas 
     from that tornado, and necessary to plan for or provide basic 
     management and administrative services, which may include--
       (A) the overall coordination of disaster recovery and 
     humanitarian efforts, oversight, and enforcement of building 
     code compliance, and coordination of health and safety 
     response units; or
       (B) the delivery of humanitarian assistance to individuals 
     affected by that tornado.
       (b) Temporary Public Sector Employment and Services.--
     Covered funds may be used to provide temporary public sector 
     employment and services authorized under section 173 of such 
     Act to individuals affected by such tornado, including 
     individuals who were unemployed on the date of the tornado, 
     or who are without employment history, in addition to 
     individuals who are eligible for disaster relief employment 
     under section 173(d)(2) of such Act.
       (c) Professional Municipal Services.--Covered funds may be 
     used to provide professional municipal services for a period 
     of not more than 24 months, by hiring or contracting with 
     individuals or organizations (including individuals employed 
     by contractors) that the State involved determines are 
     necessary to provide professional municipal services.
       (d) Limitation.--Covered funds expended under this section 
     may be spent on costs incurred not earlier than May 4, 2007.
       On page 1362, between lines 19 and 20, insert the 
     following:

     SEC. 110___. REPORT ON PROGRAM RESULTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall submit to Congress a report that 
     describes--
       (1) each program of the Department of Agriculture that has 
     received a Program Assessment Rating Tool score of ``results 
     not demonstrated''; and
       (2) for each such program--
       (A) the reasons that the program has not been able to 
     demonstrate results;

[[Page 34503]]

       (B) the steps being taken by the program to address those 
     reasons; and
       (C) a description of anything that might be necessary to 
     facilitate the demonstration of results.
       On page 973, strike lines 21 through 24 and insert the 
     following:
       (a) Funding.--Section 401(b) of the Agricultural Research, 
     Extension, and Education Reform Act of 1998 (7 U.S.C. 
     7621(b)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Not later than 30 days after the date of 
     enactment of the Food and Energy Security Act of 2007, the 
     Secretary of the Treasury shall transfer $45,000,000 to the 
     Account.''; and
       (2) by striking paragraph (3) and inserting the following:
       On page 394, after line 25, add the following:
       (d) Eligibility Requirement.--Section 1240B of the Food 
     Security Act of 1985 (16 U.S.C. 3839aa-2) (as amended by 
     subsection (c)) is amended by adding at the end the 
     following:
       ``(i) Eligibility Requirement.--A producer shall not be 
     eligible to receive any payment under this section unless the 
     producer is a farmer or rancher that, as determined by the 
     Secretary, derives or expects to derive at least $15,000 in 
     gross sales from farming, ranching, or forestry operations 
     (not including payments under the conservation reserve 
     program established under subchapter B of chapter 1 of 
     subtitle D), as determined by the Secretary.''.
       Beginning on page 180, strike line 18 and all that follows 
     through page 182, line 16, and insert the following:

     SEC. 1609. MANDATORY REPORTING OF DAIRY COMMODITIES.

       Section 273 of the Agricultural Marketing Act of 1946 (7 
     U.S.C. 1637b) is amended by striking subsections (a) and (b) 
     and inserting the following:
       ``(a) Daily Reporting.--
       ``(1) In general.--Not later than 180 days after the 
     enactment of the Food and Energy Security Act of 2007, the 
     Secretary shall--
       ``(A) establish a program for mandatory daily dairy product 
     information reporting that--
       ``(i) provides timely, accurate, and reliable market 
     information;
       ``(ii) facilitates more informed marketing decisions; and
       ``(iii) promotes competition in the dairy product 
     manufacturing industry; and
       ``(B) require officers or officially designated 
     representatives of each dairy processor to report daily 
     pricing information for relevant sales transaction involving 
     a dairy product, as determined by the Secretary.
       ``(2) Publication.--The Secretary shall make the 
     information reported under paragraph (1) available to the 
     public not less frequently than once each reporting day, 
     categorized by appropriate product characteristics, as 
     determined by the Secretary.
       ``(b) Requirements.--
       ``(1) Price reporting.--
       ``(A) In general.--Subject to the conditions described in 
     paragraph (3), on each business day of the Department of 
     Agriculture, each dairy manufacturer shall report to the 
     Secretary on all sales of dairy products that the dairy 
     manufacturer made on the immediately preceding day or since 
     the last report by the dairy manufacturer.
       ``(B) Requirements.--A dairy manufacturer shall report such 
     price, quantity, and product characteristics as the Secretary 
     determines appropriate.
       ``(C) Submission.--Reports under this paragraph shall be 
     submitted by electronic means at such time as designated by 
     the Secretary.
       ``(D) Availability.--The Secretary shall compile the 
     information reported under this paragraph and make the 
     compiled information available to the public on the same day 
     as the information is reported.
       ``(2) Storage reporting.--
       ``(A) In general.--The Secretary shall require each dairy 
     manufacturer or other person storing dairy products to 
     report, at periodic intervals determined by the Secretary, 
     information regarding the quantities of dairy products in 
     storage.
       ``(B) Availability.--The Secretary shall make information 
     described under subparagraph (A) available to the public in a 
     timely manner.
       ``(3) Conditions.--The conditions referred to in paragraph 
     (1) are that the information required under that paragraph is 
     required only--
       ``(A) with respect to those package sizes actually used to 
     establish minimum prices for Class III or Class IV milk under 
     a Federal milk marketing order; and
       ``(B) to the extent that the information is actually used 
     to establish minimum prices for Class III or Class IV milk 
     under a Federal milk marketing order.
       ``(4) Exemption for small processors.--The daily reporting 
     requirements of this subsection shall not apply to a 
     processor that processes not more than 1,000,000 pounds of 
     dairy products a year.
       ``(5) Periodic review.--The Secretary shall--
       ``(A) periodically review the information reported for 
     products under this subsection; and
       ``(B) propose changes for the information required to be 
     reported under this subsection, through the public hearing 
     process established under the applicable Federal milk 
     marketing order.
       ``(6) Electronic reporting.--To the maximum extent 
     practicable, the Secretary shall carry out the program 
     established under this subsection using electronic reporting 
     technology.''.
       On page 1107, strike lines 18 through 22 and insert the 
     following:

       ``(VIII) the participation of multiple eligible entities;
       ``(IX) the potential for developing advance industrial 
     biotechnology approaches; and
       ``(X) whether the distribution of funds would have minimal 
     impact on existing manufacturing and other facilities that 
     use similar feedstocks.

       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 ensure the judicious use of antibiotics.''.
       On page 987, between lines 12 and 13, insert the following:
       (B) in subparagraph (B), by striking ``production 
     efficiency and animal well-being'' and inserting ``production 
     efficiency, animal well-being, and the judicious use of 
     antibiotics'';
       (C) in subparagraph (D), by striking ``surface water and 
     ground water quality'' and inserting ``surface water quality 
     and ground water quality, including the reduction of 
     antibiotics or antibiotic-resistant bacteria'';
       On page 987, line 13, strike ``(B)'' and insert ``(D)''.
       On page 987, line 19, strike ``(C)'' and insert ``(E)''.
       On page 987, line 23, strike ``(D)'' and insert ``(F)''.
       On page 1002, after line 21, insert the following:

     SEC. 73__. RESEARCH AND EDUCATION GRANTS FOR THE STUDY OF 
                   ANTIBIOTIC-RESISTANT BACTERIA IN LIVESTOCK.

       (a) In General.--The Secretary shall provide research and 
     education grants, on a competitive basis--
       (1) to study the development of antibiotic-resistant 
     bacteria in livestock; and
       (2) to study and ensure the judicious use of antibiotics in 
     livestock production to protect animal health without 
     negatively impacting human public health.
       (b) Use of Funds.--An entity shall use a grant provided 
     under this section to conduct research relating to--
       (1) methods and practices of animal husbandry that ensure 
     the judicious use of antibiotics;
       (2) movement and prevention of movement of antibiotics and 
     antibiotic resistance traits from animals into ground and 
     surface water;
       (3) safe and effective alternatives to antibiotics;
       (4) the effect on antibiotic resistance from various drug 
     use regimens;
       (5) the development of better veterinary diagnostics to 
     improve decisionmaking on proper antibiotic use;
       (6) the identification of conditions or factors that affect 
     antibiotic use on farms; and
       (7) the development of procedures to monitor antibiotic use 
     at the farm level to relate findings to on-farm management 
     practices and develop intervention strategies when 
     appropriate.
       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 minimis acreage exemption.--The Secretary shall 
     exempt areas of 5 acres or less from subparagraph (A).''.
       (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.--

[[Page 34504]]

       ``(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 minimis acreage exemption.--The Secretary shall 
     exempt areas of 5 acres or less from subparagraph (B).''.
       On page 542, line 12, strike ``2013'' and insert ``2012''.
       On page 663, between lines 18 and 19, insert the following:

     SEC. 49__. PERIODIC SURVEYS OF FOODS PURCHASED BY SCHOOL FOOD 
                   AUTHORITIES.

       Section 6 of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1755) is amended by adding at the end the 
     following:
       ``(f) Periodic Surveys of Foods Purchased by School Food 
     Authorities.--
       ``(1) In general.--For fiscal year 2008 and every fifth 
     fiscal year thereafter, the Secretary shall carry out a 
     nationally representative survey of the foods purchased 
     during the most recent school year for which data is 
     available by school authorities participating in the national 
     school lunch program.
       ``(2) Report.--On completion of each survey, the Secretary 
     shall submit to Congress a report that describes the results 
     of the survey.
       ``(3) Funding.--Of the funds made available under section 
     3, the Secretary shall use to carry out this subsection not 
     more than $3,000,000 for fiscal year 2008 and every fifth 
     fiscal year thereafter.''.
       On page 672, between lines 6 and 7, insert the following:

     SEC. 49__. TEAM NUTRITION NETWORK.

       Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1788) is amended by striking subsection (l) and inserting the 
     following:
       ``(l) Funding.--
       ``(1) Mandatory funding.--
       ``(A) In general.--On October 1, 2008, and on each October 
     1 thereafter through October 1, 2011, out of any funds in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary to carry out this 
     section $3,000,000, to remain available until expended.
       ``(B) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under subparagraph (A), 
     without further appropriation.
       ``(C) Nutritional health of school children.--In allocating 
     funds made available under this paragraph, the Secretary 
     shall give priority to carrying out subsections (a) through 
     (g).
       ``(2) Authorization of appropriations.--In addition to the 
     amounts made available under paragraph (1), there are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.
       At the appropriate place insert the following section.

     SEC. __. SENSE OF THE SENATE ON THE U.S. DEPARTMENT OF 
                   AGRICULTURE'S WILDLIFE SERVICES COMPETING 
                   AGAINST PRIVATE INDUSTRY FOR NUISANCE BIRD 
                   CONTROL WORK.

       (a) Findings.--The Senate finds that:
       (1) the Wildlife Services division of the Animal and Plant 
     Health Inspection Service of the Department of Agriculture 
     (referred to in this section as ``Wildlife Services'' helps 
     agricultural producers manage nuisance wildlife problems;
       (2) Wildlife Services personnel also manage nuisance 
     wildlife in non-agricultural settings, including urban areas;
       (3) Congress granted the Secretary the authority to engage 
     in wildlife animal damage activities in the Act of March 2, 
     1932, and the Rural Development, Agriculture and Related 
     Agencies Appropriations Act, 1988;
       (4) title I of the Rural Development, Agriculture and 
     Related Agencies Appropriations Act, 1988 expressly prohibits 
     the Secretary from performing ``urban rodent'' control but 
     does not define the term;
       (5) There are more than 19,000 professional pest management 
     companies in the United States, a significant percentage of 
     which manage nuisance birds such as European starlings, house 
     sparrows, and pigeons in urban areas;
       (6) The industry employs more than 115,000 service 
     personnel who perform over 60 million services annually for 
     residential and commercial clients in every market of the 
     United States;
       (7) in areas where the private sector has the capacity to 
     provide nuisance wildlife services, the limited resources of 
     Wildlife Services would be better used to assist agricultural 
     producers with management of predators and other depredatory 
     species that prey on livestock and sport and farm fish, and 
     damage crops.
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that--
       (1) Wildlife Services should neither compete nor condone 
     competition with the private sector for business regarding 
     the management of nuisance wildlife problems in urban areas 
     where private sector services are available;
       (2) Wildlife Services, prior to entering into any 
     cooperative agreement for wildlife damage management 
     activities, should inform cooperators of the availability of 
     and their right to acquire services from private service 
     providers;
       (3) the Secretary of Agriculture should ensure that 
     Wildlife Services does not aggressively compete with the 
     private pest management industry for European starling, house 
     sparrow, and pigeon control work in urban areas where private 
     sector services are available;
       (4) the Secretary of Agriculture should rely on scientific 
     and widely accepted definitions to define the term ``urban 
     rodent,'' as used in the Rural Development, Agriculture and 
     Related Agencies Appropriations Act of 1988, in order to 
     clarify the express restrictions in that law on Wildlife 
     Services activities;
       (5) The Secretary should direct Wildlife Services to work 
     with private industry, through a Memorandum of Understanding, 
     to delineate common areas of cooperation so that issues of 
     competition are addressed, taking into account the interests 
     of the wildlife resources and the need to manage damage 
     caused by that resource.
       On page 116, line 11, insert ``covered'' before 
     ``commodity''.
       On page 116, line 16, insert ``covered'' before 
     ``commodity''.
       On page 209, line 10, strike ``(19 U.S.C. 2401(2)'' and 
     insert ``(19 U.S.C. 2401(2))''.
       On page 210, line 20, strike ``Crop years'' and insert 
     ``Commodity and conservation programs''.
       On page 210, strike line 21 and insert the following:
       ``(A) Commodity programs.--
       ``(i) 2009 crop year.--Notwithstanding
       On page 211, strike lines 7 and 8 and insert the following:
       ``(ii) 2010 and subsequent crop years.--Notwithstanding any 
     other provision
       On page 211, line 19, strike ``(C)'' and insert ``(B)''.
       On page 211, line 23, strike ``crop year'' and insert 
     ``fiscal year''.
       On page 212, lines 6 and 7, strike ``Subparagraphs (A) and 
     (B) of paragraph (1)'' and insert ``Paragraph (1)(A)''.
       On page 212, lines 20 and 21, strike ``Paragraph (1)(C)'' 
     and insert ``Paragraph (1)(B)''.
       On page 214, line 19, strike ``(f)'' and insert ``(g)''.
       On page 221, line 23, strike ``locate'' and insert 
     ``located''.
       On page 299, strike lines 21 through 24 and insert the 
     following:
       (1) by redesignating paragraphs (2) through (11), (12), 
     (13) through (15), and (16), (17), and (18) as paragraphs (3) 
     through (12), (14), (16) through (18), and (20), (22), and 
     (23), respectively;
       On page 300, by striking lines 19 through 21 and inserting 
     the following:

     Act (25 U.S.C. 450b).''.
       (4) by inserting after paragraph (14) (as redesignated by 
     paragraph (1)) the following:
       ``(15) Nonindustrial private forest land.--The term 
     `nonindustrial private forest land'
       On page 301, line 6, strike ``(4)'' and insert ``(5)''.
       On page 301, line 13, strike ``(5)'' and insert ``(6)''.
       On page 322, line 8, strike ``; and'' and insert a period.
       On page 388, line 17, strike ``(16 U.S.C. 3838aa-1(2))'' 
     and insert ``(16 U.S.C. 3839aa-1(2))''.
       On page 389, line 11, strike ``3838aa-1(3))'' and insert 
     ``3839aa-1(3))''.
       On page 390, line 6, strike ``(16 U.S.C. 3838aa-1(5))'' and 
     insert ``(16 U.S.C. 3839aa-1(5))''.
       On page 390, line 10, strike ``(16 U.S.C. 3838aa-1)'' and 
     insert ``(16 U.S.C. 3839aa-1)''.
       On page 390, line 21, strike ``U.S.C. 3838aa-1)'' and 
     insert ``(U.S.C. 3839aa-1)''.
       On page 126, line 12, strike ``the second loan is made'' 
     and insert ``the first loan was made''.
       On page 127, lines 18 and 19, strike ``the date of 
     enactment of the Food and Energy Security Act of 2007'' and 
     insert ``May 13, 2002''.
       On page 130, line 7, strike ``subsection (d)'' and insert 
     ``subsection (c)''.
       On page 132, line 13, strike ``2012'' and insert ``2011''.
       On page 135, line 5, strike ``payment under this 
     subsection'' and insert ``purchase by the Secretary under 
     paragraph (2)''.
       On page 138, lines 20 and 21, strike ``to Mexico''.
       On page 138, line 22, strike ``date'' and insert ``data''.
       On page 141, strike lines 21 through 25 and insert the 
     following:
       (1) by redesignating paragraphs (1), (2), (3), and (4) as 
     paragraphs (2), (4), (5), and (6), respectively;
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) Human consumption.--The term `human consumption', 
     when used in the context of a reference to sugar (whether in 
     the form of sugar, in-process sugar, syrup, molasses, or in 
     some other form) for human consumption, includes sugar for 
     use in human food, beverages, or similar products.''; and

[[Page 34505]]

       (3) by inserting after paragraph (2) (as so redesignated) 
     the following:
       ``(3) Market.--
       On page 142, line 10, strike ``and'' at the end.
       On page 142, line 13, strike the period at the end and 
     insert ``; and''.
       On page 142, between lines 13 and 14, insert the following:
       ``(iii) the sale of sugar for the production of ethanol or 
     other bioenergy product, if the disposition of the sugar is 
     administered by the Secretary under section 156(f) of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7272(f)).
       Beginning on page 142, strike line 22 and all that follows 
     through page 147, line 12, and insert the following:

     ``SEC. 359B. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.

       ``(a) Sugar Estimates.--
       ``(1) In general.--Not later than August 1 before the 
     beginning of each of the 2008 through 2012 crop years for 
     sugarcane and sugar beets, the Secretary shall estimate--
       ``(A) the quantity of sugar that will be subject to human 
     consumption in the United States during the crop year;
       ``(B) the quantity of sugar that would provide for 
     reasonable carryover stocks;
       ``(C) the quantity of sugar that will be available from 
     carry-in stocks for human consumption in the United States 
     during the crop year;
       ``(D) the quantity of sugar that will be available from the 
     domestic processing of sugarcane, sugar beets, and in-process 
     beet sugar; and
       ``(E) the quantity of sugars, syrups, and molasses that 
     will be imported for human consumption or to be used for the 
     extraction of sugar for human consumption in the United 
     States during the crop year, whether the articles are under a 
     tariff-rate quota or are in excess or outside of a tariff-
     rate quota.
       ``(2) Exclusion.--The estimates under this subsection shall 
     not apply to sugar imported for the production of polyhydric 
     alcohol or to any sugar refined and reexported in refined 
     form or in products containing sugar.
       ``(3) Reestimates.--The Secretary shall make reestimates of 
     sugar consumption, stocks, production, and imports for a crop 
     year as necessary, but not later than the beginning of each 
     of the second through fourth quarters of the crop year.
       ``(b) Sugar Allotments.--
       ``(1) Establishment.--By the beginning of each crop year, 
     the Secretary shall establish for that crop year appropriate 
     allotments under section 359c for the marketing by processors 
     of sugar processed from sugar cane or sugar beets or in-
     process beet sugar (whether the sugar beets or in-process 
     beet sugar was produced domestically or imported) at a level 
     that is--
       ``(A) sufficient to maintain raw and refined sugar prices 
     above forfeiture levels so that there will be no forfeitures 
     of sugar to the Commodity Credit Corporation under the loan 
     program for sugar established under section 156 of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7272); but
       ``(B) not less than 85 percent of the estimated quantity of 
     sugar for domestic human consumption for the crop year.
       ``(2) Products.--The Secretary may include sugar products, 
     the majority content of which is sucrose for human 
     consumption, derived from sugar cane, sugar beets, molasses, 
     or sugar in the allotments established under paragraph (1) if 
     the Secretary determines it to be appropriate for purposes of 
     this part.
       ``(c) Coverage of Allotments.--
       ``(1) In general.--The marketing allotments under this part 
     shall apply to the marketing by processors of sugar intended 
     for domestic human consumption that has been processed from 
     sugar cane, sugar beets, or in-process beet sugar, whether 
     such sugar beets or in-process beet sugar was produced 
     domestically or imported.
       ``(2) Exceptions.--Consistent with the administration of 
     marketing allotments during for each of the 2002 through 2007 
     crop years, the marketing allotments shall not apply to sugar 
     sold--
       ``(A) to facilitate the exportation of the sugar to a 
     foreign country, except that the exports of sugar shall not 
     be eligible to receive credits under reexport programs for 
     refined sugar or sugar containing products administered by 
     the Secretary;
       ``(B) to enable another processor to fulfill an allocation 
     established for that processor; or
       ``(C) for uses other than domestic human consumption, 
     except for the sale of sugar for the production of ethanol or 
     other bioenergy if the disposition of the sugar is 
     administered by the Secretary under section 156(f) of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7272(f)).
       ``(3) Requirement.--The sale of sugar described in 
     paragraph (2)(B) shall be--
       ``(A) made prior to May 1; and
       ``(B) reported to the Secretary.
       ``(d) Prohibitions.--
       ``(1) In general.--During all or part of any crop year for 
     which marketing allotments have been established, no 
     processor of sugar beets or sugarcane shall market for 
     domestic human consumption a quantity of sugar in excess of 
     the allocation established for the processor, except--
       ``(A) to enable another processor to fulfill an allocation 
     established for that other processor; or
       ``(B) to facilitate the exportation of the sugar.
       ``(2) Civil penalty.--Any processor who knowingly violates 
     paragraph (1) shall be liable to the Commodity Credit 
     Corporation for a civil penalty in an amount equal to 3 times 
     the United States market value, at the time of the commission 
     of the violation, of that quantity of sugar involved in the 
     violation.''.
       (c) Establishment of Flexible Marketing Allotments.--
     Section 359c of the Agricultural Adjustment Act of 1938 (7 
     U.S.C. 1359cc) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Overall Allotment Quantity.--
       ``(1) In general.--The Secretary shall establish the 
     overall quantity of sugar to be allotted for the crop year 
     (referred to in this part as the `overall allotment 
     quantity') at a level that is--
       ``(A) sufficient to maintain raw and refined sugar prices 
     above forfeiture levels to avoid forfeiture of sugar to the 
     Commodity Credit Corporation; but
       ``(B) not less than a quantity equal to 85 percent of the 
     estimated quantity of sugar for domestic human consumption 
     for the crop year.
       ``(2) Adjustment.--Subject to paragraph (1), the Secretary 
     shall adjust the overall allotment quantity to maintain--
       ``(A) raw and refined sugar prices above forfeiture levels 
     to avoid the forfeiture of sugar to the Commodity Credit 
     Corporation; and
       ``(B) adequate supplies of raw and refined sugar in the 
     domestic market.'';
       (2) in subsection (d)(2), by inserting ``or in-process beet 
     sugar'' before the period at the end;
       (3) in subsection (g)(1)--
       (A) by striking ``(1) In general.--The Secretary'' and 
     inserting the following:
       ``(1) Adjustments.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary''; and
       (B) by adding at the end the following:
       ``(B) Limitation.--In carrying out subparagraph (A), the 
     Secretary may not reduce the overall allotment quantity to a 
     quantity of less than 85 percent of the estimated quantity of 
     sugar for domestic human consumption for the crop year.''; 
     and
       (4) by striking subsection (h).
       (d) Allocation of Marketing Allotments.--Section 359d(b) of 
     the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359dd(b)) 
     is amended--
       (1) in paragraph (1)(F), by striking ``Except as otherwise 
     provided in section 359f(c)(8), if'' and inserting ``If''; 
     and
       On page 152, strike lines 21 and 22 and insert the 
     following:
       (8)'';
       (5) in the first sentence of paragraph (6)(C) (as so 
     redesignated), by inserting ``for sugar'' before ``in excess 
     of the farm's proportionate share''; and
       (6) in paragraph (8) (as so redesignated), by
       On page 153, lines 18 and 19, strike ``the date of 
     enactment of this paragraph'' and insert ``May 13, 2002,''.
       On page 153, line 21, insert ``State'' after ``share''.
       On page 153, line 25, strike ``and at'' and insert ``, or 
     on''.
       On page 154, line 5, strike ``base acreage'' and insert 
     ``acreage base''.
       On page 154, line 11, strike ``shall'' and insert ``may''.
       On page 154, line 17, strike ``base acreage'' and insert 
     ``acreage base''.
       On page 155, line 16, strike ``base acreage'' and insert 
     ``acreage base''.
       On page 155, line 18, strike ``base acreage'' and insert 
     ``acreage base''.
       On page 155, line 19, strike ``selection'' and insert 
     ``drawing''.
       On page 155, line 22, strike ``base acreage'' and insert 
     ``acreage base''.
       On page 156, line 3, insert ``in the State'' after 
     ``committees''.
       On page 156, line 5, strike ``selection'' and insert 
     ``drawing''.
       On page 156, line 7, strike ``base acreage'' and insert 
     ``acreage base''.
       On page 156, lines 8 and 9, strike ``base acreage'' and 
     insert ``acreage base''.
       On page 156, line 12, strike ``base acreage'' and insert 
     ``acreage base''.
       On page 156, lines 13 and 14, strike ``base acreage'' and 
     insert ``acreage base''.
       On page 157, line 10, strike ``base acreage'' and insert 
     ``acreage base''.
       On page 158, strike lines 2 through 8 and insert the 
     following:
       ``(a) Establishment.--
       ``(1) In general.--Except as provided in paragraph (2) and 
     notwithstanding any other provision of law, at the beginning 
     of the quota year, the Secretary shall establish the tariff-
     rate quotas for raw cane sugar and refined sugars at the 
     minimum level necessary to comply with obligations under 
     international trade agreements that have been approved by 
     Congress.
       ``(2) Exception.--Paragraph (1) shall not apply to 
     specialty sugar.
       On page 158, line 17, insert ``, including an increase in 
     the tariff-rate quota for raw cane sugar to accommodate the 
     reassignment to imports'' after ``359e(b)''.

[[Page 34506]]

       On page 159, line 7, insert ``, including an increase in 
     the tariff-rate quota for raw cane sugar to accommodate the 
     reassignment to imports'' after ``359e(b)''.
       On page 568, line 25 strike ``2007'' and insert ``2008''.
       Beginning on page 1378, strike line 17 and all that follows 
     through page 1380, line 14, and insert the following:
       ``(e) Tree Assistance Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Eligible orchardist.--The term `eligible orchardist' 
     means a person that produces annual crops from trees for 
     commercial purposes.
       ``(B) Natural disaster.--The term `natural disaster' means 
     plant disease, insect infestation, drought, fire, freeze, 
     flood, earthquake, lightning, or other occurrence, as 
     determined by the Secretary.
       ``(C) Nursery tree grower.--The term `nursery tree grower' 
     means a person who produces nursery, ornamental, fruit, nut, 
     or Christmas trees for commercial sale, as determined by the 
     Secretary.
       ``(D) Tree.--The term `tree' includes a tree, bush, and 
     vine.
       ``(2) Eligibility.--
       ``(A) Loss.--Subject to subparagraph (B), the Secretary 
     shall provide assistance under paragraph (3) to eligible 
     orchardists and nursery tree growers that planted trees for 
     commercial purposes but lost the trees as a result of a 
     natural disaster, as determined by the Secretary.
       ``(B) Limitation.--An eligible orchardist or nursery tree 
     grower shall qualify for assistance under subparagraph (A) 
     only if the tree mortality of the eligible orchardist or 
     nursery tree grower, as a result of damaging weather or 
     related condition, exceeds 15 percent (adjusted for normal 
     mortality).
       ``(3) Assistance.--Subject to paragraph (4), the assistance 
     provided by the Secretary to eligible orchardists and nursery 
     tree growers for losses described in paragraph (2) shall 
     consist of--
       ``(A)(i) reimbursement of 75 percent of the cost of 
     replanting trees lost due to a natural disaster, as 
     determined by the Secretary, in excess of 15 percent 
     mortality (adjusted for normal mortality); or
       ``(ii) at the option of the Secretary, sufficient seedlings 
     to reestablish a stand; and
       ``(B) reimbursement of 50 percent of the cost of pruning, 
     removal, and other costs incurred by an eligible orchardist 
     or nursery tree grower to salvage existing trees or, in the 
     case of tree mortality, to prepare the land to replant trees 
     as a result of damage or tree mortality due to a natural 
     disaster, as determined by the Secretary, in excess of 15 
     percent damage or mortality (adjusted for normal tree damage 
     and mortality).
       ``(4) Limitations on assistance.--
       ``(A) Amount.--The total amount of payments that a person 
     shall be entitled to receive under this subsection may not 
     exceed $100,000 per year, or an equivalent value in tree 
     seedlings.
       ``(B) Acres.--The total quantity of acres planted to trees 
     or tree seedlings for which a person shall be entitled to 
     receive payments under this subsection may not exceed 500 
     acres.
       ``(C) Regulations.--The Secretary shall promulgate--
       ``(i) regulations defining the term `person' for the 
     purposes of this subsection, which shall conform, to the 
     maximum extent practicable, to the regulations defining the 
     term `person' promulgated under section 1001 of the Food 
     Security Act of 1985 (7 U.S.C. 1308); and
       ``(ii) such regulations as the Secretary determines 
     necessary to ensure a fair and reasonable application of the 
     limitation established under this paragraph.
       On page 1402, lines 6 and 7, strike ``made after December 
     31, 2007.'' and insert ``made before, on, or after the date 
     of the enactment of this Act.''.
       On page 1465, strike line 17 through page 1467, line 5, and 
     insert the following:
       (2) Limitation.--Section 25D(b)(1) (relating to maximum 
     credit) is amended by striking ``and'' at the end of 
     subparagraph (B), by striking the period at the end of 
     subparagraph (C) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(D) $500 with respect to each half kilowatt of capacity 
     (not to exceed $4,000) of wind turbines for which qualified 
     small wind energy property expenditures are made.''.
       (3) Qualified small wind energy property expenditures.--
       (A) In general.--Section 25D(d) (relating to definitions) 
     is amended by adding at the end the following new paragraph:
       ``(4) Qualified small wind energy property expenditure.--
     The term `qualified small wind energy property expenditure' 
     means an expenditure for qualified small wind energy property 
     (as defined in section 48(c)(3)(A)) installed on or in 
     connection with a dwelling unit located in the United States 
     and used as a residence by the taxpayer.''.
       (B) No double benefit.--Section 45(d)(1) (relating to wind 
     facility) is amended by adding at the end the following new 
     sentence: ``Such term shall not include any facility with 
     respect to which any qualified small wind energy property 
     expenditure (as defined in subsection (d)(4) of section 25D) 
     is taken into account in determining the credit under such 
     section.''.
       (4) Maximum expenditures in case of joint occupancy.--
     Section 25D(e)(4)(A) (relating to maximum expenditures) is 
     amended by striking ``and'' at the end of clause (ii), by 
     striking the period at the end of clause (iii) and inserting 
     ``, and'', and by adding at the end the following new clause:
       ``(iv) $1,667 in the case of each half kilowatt of capacity 
     (not to exceed $13,333) of wind turbines for which qualified 
     small wind energy property expenditures are made.''.
       On page 1471, line 18, strike ``9006'' and insert ``9007''.
       Beginning on page 1472, line 1, strike all through page 
     1480, line 3, and insert the following:

     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 alcohol, ether, 
     ester, or hydrocarbon produced from any lignocellulosic or 
     hemicellulosic matter 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.--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 cellulosic biofuel producer credit.''.
       (b) Cellulosic Biofuel Producer Credit.--
       (1) In general.--Subsection (b) of section 40 is amended by 
     adding at the end the following new paragraph:
       ``(6) Cellulosic biofuel producer credit.--
       ``(A) In general.--The cellulosic biofuel producer credit 
     of any taxpayer is an amount equal to the applicable amount 
     for each gallon of qualified cellulosic biofuel production.
       ``(B) Applicable amount.--For purposes of subparagraph (A), 
     the applicable amount means the excess of--
       ``(i) $1.25, 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 
     biofuel production, plus
       ``(II) the amount of the credit in effect under subsection 
     (b)(4) at the time of such production.

       ``(C) Qualified cellulosic biofuel production.--For 
     purposes of this section, the term `qualified cellulosic 
     biofuel production' means any cellulosic biofuel 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 cellulosic biofuel 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 biofuel at retail to 
     another person and places such cellulosic biofuel 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 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.
       ``(D) Qualified cellulosic biofuel mixture.--For purposes 
     of this paragraph, the term `qualified cellulosic biofuel 
     mixture' means a mixture of cellulosic biofuel and any 
     petroleum fuel product which--
       ``(i) is sold by the person producing such mixture to any 
     person for use as a fuel, or
       ``(ii) is used as a fuel by the person producing such 
     mixture.
       ``(E) Cellulosic biofuel.--
       ``(i) In general.--The term `cellulosic biofuel' 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.

[[Page 34507]]

       ``(F) Allocation of cellulosic biofuel 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 biofuel 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 cellulosic biofuel producer credit.--
     Paragraph (1) shall not apply to the portion of the credit 
     allowed under this section by reason of subsection (a)(4).''.
       (c) Biofuel 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) Cellulosic biofuel 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)(C),

     then there is hereby imposed on such person a tax equal to 
     the applicable amount for each gallon of such cellulosic 
     biomass biofuel.''.
       (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) Biofuel Produced in the United States.--Section 40(d) 
     is amended by adding at the end the following new paragraph:
       ``(6) Special rule for cellulosic biofuel producer 
     credit.--No cellulosic biofuel producer credit shall be 
     determined under subsection (a) with respect to any 
     cellulosic biofuel unless such cellulosic biofuel is produced 
     in the United States.''.
       (e) Waiver of Credit Limit for Cellulosic Biofuel 
     Production by Small Ethanol Producers.--Section 40(b)(4)(C) 
     is amended by inserting ``(determined without regard to any 
     qualified cellulosic biofuel production'' after ``15,000,000 
     gallons''.
       (f) 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.
       On page 1492, after line 23, add the following:
       (d) Eligibility of Certain Aviation Fuel.--Section 
     40A(f)(3) (defining renewable diesel) is amended by adding at 
     the end the following new flush sentence:

     ``The term `renewable diesel' also means fuel derived from 
     biomass (as defined in section 45K(c)(3)) using a thermal 
     depolymerization process which meets the requirements of a 
     Department of Defense specification for military jet fuel or 
     an American Society of Testing and Materials specification 
     for aviation turbine fuel.''.
       On page 1493, line 1, strike ``(d)'' and insert ``(e)''.
       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.
       On page 1565, strike lines 13 through 24.
       On page 1566, line 1, strike ``12508'' and insert 
     ``12507''.
       On page 1572, strike ``12509'' and insert ``12508''.
       On page 1575, between lines 10 and 11, insert the 
     following:

     SEC. 12509. MODIFICATION OF PENALTY FOR FAILURE TO FILE 
                   PARTNERSHIP RETURNS; LIMITATION ON DISCLOSURE.

       (a) Extension of Time Limitation.--Section 6698(a) 
     (relating to failure to file partnership returns) is amended 
     by striking ``5 months'' and inserting ``12 months''.
       (b) Increase in Penalty Amount.--Paragraph (1) of section 
     6698(b) is amended by striking ``$50'' and inserting 
     ``$100''.
       (c) Limitation on Disclosure of Taxpayer Returns to 
     Partners, S Corporation Shareholders, Trust Beneficiaries, 
     and Estate Beneficiaries.--
       (1) In general.--Section 6103(e) (relating to disclosure to 
     persons having material interest) is amended by adding at the 
     end the following new paragraph:
       ``(10) Limitation on certain disclosures under this 
     subsection.--In the case of an inspection or disclosure under 
     this subsection relating to the return of a partnership, S 
     corporation, trust, or an estate, the information inspected 
     or disclosed shall not include any supporting schedule, 
     attachment, or list which includes the taxpayer identity 
     information of a person other than the entity making the 
     return or the person conducting the inspection or to whom the 
     disclosure is made.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect on the date of the enactment of this Act.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to returns required to be filed after the 
     date of the enactment of this Act.

     SEC. 12510. PARTICIPANTS IN GOVERNMENT SECTION 457 PLANS 
                   ALLOWED TO TREAT ELECTIVE DEFERRALS AS ROTH 
                   CONTRIBUTIONS.

       (a) In General.--Section 402A(e)(1) (defining applicable 
     retirement plan) is amended by striking ``and'' at the end of 
     subparagraph (A), by striking the period at the end of 
     subparagraph (B) and inserting ``, and'', and by adding at 
     the end the following:
       ``(C) an eligible deferred compensation plan (as defined in 
     section 457(b)) of an eligible employer described in section 
     457(e)(1)(A).''.
       (b) Elective Deferrals.--Section 402A(e)(2) (defining 
     elective deferral) is amended to read as follows:
       ``(2) Elective deferral.--The term `elective deferral' 
     means--
       ``(A) any elective deferral described in subparagraph (A) 
     or (C) of section 402(g)(3), and
       ``(B) any elective deferral of compensation by an 
     individual under an eligible deferred compensation plan (as 
     defined in section 457(b)) of an eligible employer described 
     in section 457(e)(1)(A).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.
       On page 1597, after line 18, insert 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

[[Page 34508]]

     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).

                      Subtitle H--Other Provisions

     SEC. 12801. INCOME AVERAGING FOR AMOUNTS RECEIVED IN 
                   CONNECTION WITH THE EXXON VALDEZ LITIGATION.

       (a) Income Averaging of Amounts Received From the Exxon 
     Valdez Litigation.--For purposes of section 1301 of the 
     Internal Revenue Code of 1986--
       (1) any qualified taxpayer who receives any qualified 
     settlement income in any taxable year shall be treated as 
     engaged in a fishing business (determined without regard to 
     the commercial nature of the business), and
       (2) such qualified settlement income shall be treated as 
     income attributable to such a fishing business for such 
     taxable year.
       (b) Contributions of Amounts Received to Retirement 
     Accounts.--
       (1) In general.--Any qualified taxpayer who receives 
     qualified settlement income during the taxable year may, at 
     any time before the end of the taxable year in which such 
     income was received, make one or more contributions to an 
     eligible retirement plan of which such qualified taxpayer is 
     a beneficiary in an aggregate amount not to exceed the lesser 
     of--
       (A) $100,000 (reduced by the amount of qualified settlement 
     income contributed to an eligible retirement plan in prior 
     taxable years pursuant to this subsection), or
       (B) the amount of qualified settlement income received by 
     the individual during the taxable year.
       (2) Time when contributions deemed made.--For purposes of 
     paragraph (1), a qualified taxpayer shall be deemed to have 
     made a contribution to an eligible retirement plan on the 
     last day of the taxable year in which such income is received 
     if the contribution is made on account of such taxable year 
     and is made not later than the time prescribed by law for 
     filing the return for such taxable year (not including 
     extensions thereof).
       (3) Treatment of contributions to eligible retirement 
     plans.--For purposes of the Internal Revenue Code of 1986, if 
     a contribution is made pursuant to paragraph (1) with respect 
     to qualified settlement income, then--
       (A) except as provided in paragraph (4)--
       (i) to the extent of such contribution, the qualified 
     settlement income shall not be included in gross income, and
       (ii) for purposes of section 72 of such Code, such 
     contribution shall not be considered to be investment in the 
     contract,
       (B) the qualified taxpayer shall, to the extent of the 
     amount of the contribution, be treated--
       (i) as having received the qualified settlement income--

       (I) in the case of a contribution to an individual 
     retirement plan (as defined under section 7701(a)(37) of such 
     Code), in a distribution described in section 408(d)(3) of 
     such Code, and
       (II) in the case of any other eligible retirement plan, in 
     an eligible rollover distribution (as defined under section 
     402(f)(2) of such Code), and

       (ii) as having transferred the amount to the eligible 
     retirement plan in a direct trustee to trustee transfer 
     within 60 days of the distribution,
       (C) section 408(d)(3)(B) of the Internal Revenue Code of 
     1986 shall not apply with respect to amounts treated as a 
     rollover under this paragraph, and
       (D) section 408A(c)(3)(B) of the Internal Revenue Code of 
     1986 shall not apply with respect to amounts contributed to a 
     Roth IRA (as defined under section 408A(b) of such Code) or a 
     designated Roth contribution to an applicable retirement plan 
     (within the meaning of section 402A of such Code) under this 
     paragraph.
       (4) Special rule for roth iras and roth 401(k)s.--For 
     purposes of the Internal Revenue Code of 1986, if a 
     contribution is made pursuant to paragraph (1) with respect 
     to qualified settlement income to a Roth IRA (as defined 
     under section 408A(b) of such Code) or as a designated Roth 
     contribution to an applicable retirement plan (within the 
     meaning of section 402A of such Code), then--
       (A) the qualified settlement income shall be includible in 
     gross income, and
       (B) for purposes of section 72 of such Code, such 
     contribution shall be considered to be investment in the 
     contract.
       (5) Eligible retirement plan.--For purpose of this 
     subsection, the term ``eligible retirement plan'' has the 
     meaning given such term under section 402(c)(8)(B) of the 
     Internal Revenue Code of 1986.
       (c) Treatment of Qualified Settlement Income Under 
     Employment Taxes.--
       (1) SECA.--For purposes of chapter 2 of the Internal 
     Revenue Code of 1986 and section 211 of the Social Security 
     Act, no portion of qualified settlement income received by a 
     qualified taxpayer shall be treated as self-employment 
     income.
       (2) FICA.--For purposes of chapter 21 of the Internal 
     Revenue Code of 1986 and section 209 of the Social Security 
     Act, no portion of qualified settlement income received by a 
     qualified taxpayer shall be treated as wages.
       (d) Qualified Taxpayer.--For purposes of this section, the 
     term ``qualified taxpayer'' means--

[[Page 34509]]

       (1) any individual who is a plaintiff in the civil action 
     In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. 
     Alaska); or
       (2) any individual who is a beneficiary of the estate of 
     such a plaintiff who--
       (A) acquired the right to receive qualified settlement 
     income from that plaintiff; and
       (B) was the spouse or an immediate relative of that 
     plaintiff.
       (e) Qualified Settlement Income.--For purposes of this 
     section, the term ``qualified settlement income'' means any 
     interest and punitive damage awards which are--
       (1) otherwise includible in gross income (determined 
     without regard to subsection (b)), and
       (2) received (whether as lump sums or periodic payments) in 
     connection with the civil action In re Exxon Valdez, No. 89-
     095-CV (HRH) (Consolidated) (D. Alaska) (whether pre- or 
     post-judgment and whether related to a settlement or 
     judgment).

     SEC. 12802. 2-YEAR EXTENSION AND EXPANSION OF CHARITABLE 
                   DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY.

       (a) In General.--Section 170(e)(3)(C) (relating to special 
     rule for certain contributions of inventory and other 
     property) is amended--
       (1) by striking ``December 31, 2007'' in clause (iv) and 
     inserting ``December 31, 2009'', and
       (2) by redesignating clauses (iii) and (iv) as clauses (iv) 
     and (v), respectively, and by inserting after clause (ii) the 
     following new clause:
       ``(iii) Determination of basis.--If a taxpayer--

       ``(I) does not account for inventories under section 471, 
     and
       ``(II) is not required to capitalize indirect costs under 
     section 263A,

     the taxpayer may elect, solely for purposes of subparagraph 
     (B), to treat the basis of any apparently wholesome food as 
     being equal to 25 percent of the fair market value of such 
     food.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to contributions made after December 31, 2007.

     SEC. 12803. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS 
                   EXCLUDED FROM GROSS INCOME.

       (a) In General.--Part III of subchapter B of chapter 1 is 
     amended by inserting after section 139A the following new 
     section:

     ``SEC. 139B. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS.

       ``(a) In General.--Gross income of an individual does not 
     include amounts received, from an organization described in 
     section 170(c), as reimbursement of operating expenses with 
     respect to use of a passenger automobile for the benefit of 
     such organization. The preceding sentence shall apply only to 
     the extent that such reimbursement would be deductible under 
     this chapter if section 274(d) were applied--
       ``(1) by using the standard business mileage rate in effect 
     under section 162(a) at the time of such use, and
       ``(2) as if the individual were an employee of an 
     organization not described in section 170(c).
       ``(b) Application to Volunteer Services Only.--Subsection 
     (a) shall not apply with respect to any expenses relating to 
     the performance of services for compensation.
       ``(c) No Double Benefit.--No deduction or credit shall be 
     allowed under any other provision of this title with respect 
     to the expenses excludable from gross income under subsection 
     (a).''.
       (b) Clerical Amendment.--The table of sections for part III 
     of subchapter B of chapter 1 of the Internal Revenue Code of 
     1986 is amended by inserting after the item relating to 
     section 139A and inserting the following new item:

``Sec. 139B. Reimbursement for use of passenger automobile for 
              charity.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 12804. BASIS ADJUSTMENT TO STOCK OF S CORPORATIONS 
                   MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY.

       (a) 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.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the provision of the 
     Pension Protection Act of 2006 to which it relates.

     SEC. 12805. PRIVATE PAYMENT TEST FOR PROFESSIONAL SPORTS 
                   FACILITY BONDS.

       Section 141, as amended by this Act, is amended--
       (1) by striking the last sentence of subsection (a), and
       (2) by striking subsection (f).

     SEC. 12806. APPLICATION OF REHABILITATION CREDIT AND 
                   DEPRECIATION SCHEDULES TO CERTAIN LOW-INCOME 
                   HOUSING FOR THE ELDERLY.

       (a) In General.--Section 251(d)(4)(X) of the Tax Reform Act 
     of 1986 is repealed.
       (b) Effective Date.--The repeal made by this section shall 
     apply to property placed in service after the date of the 
     enactment of this Act.

     SEC. 12807. COMPETITIVE CERTIFICATION AWARDS MODIFICATION 
                   AUTHORITY.

       (a) In General.--Section 48A (relating to qualifying 
     advanced coal project credit) is amended by adding at the end 
     the following new subsection:
       ``(h) Competitive Certification Awards Modification 
     Authority.--In implementing this section or section 48B, the 
     Secretary is directed to modify the terms of any competitive 
     certification award and any associated closing agreement 
     where such modification--
       ``(1) is consistent with the objectives of such section,
       ``(2) is requested by the recipient of the competitive 
     certification award, and
       ``(3) involves moving the project site to improve the 
     potential to capture and sequester carbon dioxide emissions, 
     reduce costs of transporting feedstock, and serve a broader 
     customer base,

     unless the Secretary determines that the dollar amount of tax 
     credits available to the taxpayer under such section would 
     increase as a result of the modification or such modification 
     would result in such project not being originally certified. 
     In considering any such modification, the Secretary shall 
     consult with other relevant Federal agencies, including the 
     Department of Energy.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act 
     and is applicable to all competitive certification awards 
     entered into under section 48A or 48B of the Internal Revenue 
     Code of 1986, whether such awards were issued before, on, or 
     after such date of enactment.

     SEC. 12808. QUALIFIED FORESTRY CONSERVATION BONDS.

       (a) In General.--Part IV of subchapter A of chapter 1 
     (relating to credits against tax) is amended by adding at the 
     end the following new subpart:

                ``Subpart I--Qualified Tax Credit Bonds

``Sec. 54A. Credit to holders of qualified tax credit bonds.
``Sec. 54B. Qualified forestry conservation bonds.

     ``SEC. 54A. CREDIT TO HOLDERS OF QUALIFIED TAX CREDIT BONDS.

       ``(a) Allowance of Credit.--If a taxpayer holds a qualified 
     tax credit bond on one or more credit allowance dates of the 
     bond during any taxable year, there shall be allowed as a 
     credit against the tax imposed by this chapter for the 
     taxable year an amount equal to the sum of the credits 
     determined under subsection (b) with respect to such dates.
       ``(b) Amount of Credit.--
       ``(1) In general.--The amount of the credit determined 
     under this subsection with respect to any credit allowance 
     date for a qualified tax credit bond is 25 percent of the 
     annual credit determined with respect to such bond.
       ``(2) Annual credit.--The annual credit determined with 
     respect to any qualified tax credit bond is the product of--
       ``(A) the applicable credit rate, multiplied by
       ``(B) the outstanding face amount of the bond.
       ``(3) Applicable credit rate.--For purposes of paragraph 
     (2), the applicable credit rate is 70 percent of the rate 
     which the Secretary estimates will permit the issuance of 
     qualified tax credit bonds with a specified maturity or 
     redemption date without discount and without interest cost to 
     the qualified issuer. The applicable credit rate with respect 
     to any qualified tax credit bond shall be determined as of 
     the first day on which there is a binding, written contract 
     for the sale or exchange of the bond.
       ``(4) Special rule for issuance and redemption.--In the 
     case of a bond which is issued during the 3-month period 
     ending on a credit allowance date, the amount of the credit 
     determined under this subsection with respect to such credit 
     allowance date shall be a ratable portion of the credit 
     otherwise determined based on the portion of the 3-month 
     period during which the bond is outstanding. A similar rule 
     shall apply when the bond is redeemed or matures.
       ``(c) Limitation Based on Amount of Tax.--
       ``(1) In general.--The credit allowed under subsection (a) 
     for any taxable year shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this part 
     (other than subpart C and this subpart).
       ``(2) Carryover of unused credit.--If the credit allowable 
     under subsection (a) exceeds the limitation imposed by 
     paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such taxable year 
     (determined

[[Page 34510]]

     before the application of paragraph (1) for such succeeding 
     taxable year).
       ``(d) Qualified Tax Credit Bond.--For purposes of this 
     section--
       ``(1) Qualified tax credit bond.--The term `qualified tax 
     credit bond' means a qualified forestry conservation bond 
     which is part of an issue that meets the requirements of 
     paragraphs (2), (3), (4), (5), and (6).
       ``(2) Special rules relating to expenditures.--
       ``(A) In general.--An issue shall be treated as meeting the 
     requirements of this paragraph if, as of the date of 
     issuance, the issuer reasonably expects--
       ``(i) 100 percent or more of the available project proceeds 
     to be spent for 1 or more qualified purposes within the 3-
     year period beginning on such date of issuance, and
       ``(ii) a binding commitment with a third party to spend at 
     least 10 percent of such available project proceeds will be 
     incurred within the 6-month period beginning on such date of 
     issuance.
       ``(B) Failure to spend required amount of bond proceeds 
     within 3 years.--
       ``(i) In general.--To the extent that less than 100 percent 
     of the available project proceeds of the issue are expended 
     by the close of the expenditure period for 1 or more 
     qualified purposes, the issuer 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.
       ``(ii) Expenditure period.--For purposes of this subpart, 
     the term `expenditure period' means, with respect to any 
     issue, the 3-year period beginning on the date of issuance. 
     Such term shall include any extension of such period under 
     clause (iii).
       ``(iii) Extension of period.--Upon submission of a request 
     prior to the expiration of the expenditure period (determined 
     without regard to any extension under this clause), the 
     Secretary may extend such period if the issuer establishes 
     that the failure to expend the proceeds within the original 
     expenditure period is due to reasonable cause and the 
     expenditures for qualified purposes will continue to proceed 
     with due diligence.
       ``(C) Qualified purpose.--For purposes of this paragraph, 
     the term `qualified purpose' means a purpose specified in 
     section 54B(e).
       ``(D) Reimbursement.--For purposes of this subtitle, 
     available project proceeds of an issue shall be treated as 
     spent for a qualified purpose if such proceeds are used to 
     reimburse the issuer for amounts paid for a qualified purpose 
     after the date that the Secretary makes an allocation of bond 
     limitation with respect to such issue, but only if--
       ``(i) prior to the payment of the original expenditure, the 
     issuer declared its intent to reimburse such expenditure with 
     the proceeds of a qualified tax credit bond,
       ``(ii) not later than 60 days after payment of the original 
     expenditure, the issuer adopts an official intent to 
     reimburse the original expenditure with such proceeds, and
       ``(iii) the reimbursement is made not later than 18 months 
     after the date the original expenditure is paid.
       ``(3) Reporting.--An issue shall be treated as meeting the 
     requirements of this paragraph if the issuer of qualified tax 
     credit bonds submits reports similar to the reports required 
     under section 149(e).
       ``(4) Special rules relating to arbitrage.--
       ``(A) In general.--An issue shall be treated as meeting the 
     requirements of this paragraph if the issuer satisfies the 
     requirements of section 148 with respect to the proceeds of 
     the issue.
       ``(B) Special rule for investments during expenditure 
     period.--Available project proceeds invested during the 
     expenditure period shall not be subject to the requirements 
     of subparagraph (A).
       ``(C) Special rule for reserve funds.--An issue shall not 
     be treated as failing to meet the requirements of 
     subparagraph (A) by reason of any fund which is expected to 
     be used to repay such issue if--
       ``(i) such fund is funded in a manner reasonably expected 
     to result in an amount not greater than an amount necessary 
     to repay the issue, and
       ``(ii) the yield on such fund is not greater than the 
     discount rate determined under paragraph (5)(B) with respect 
     to the issue.
       ``(5) Maturity limitation.--
       ``(A) In general.--An issue shall be treated as meeting the 
     requirements of this paragraph if the maturity of any bond 
     which is part of such issue does not exceed the maximum term 
     determined by the Secretary under subparagraph (B).
       ``(B) Maximum term.--During each calendar month, the 
     Secretary shall determine the maximum term permitted under 
     this paragraph for bonds issued during the following calendar 
     month. Such maximum term shall be the term which the 
     Secretary estimates will result in the present value of the 
     obligation to repay the principal on the bond being equal to 
     50 percent of the face amount of such bond. Such present 
     value shall be determined using as a discount rate the 
     average annual interest rate of tax-exempt obligations having 
     a term of 10 years or more which are issued during the month. 
     If the term as so determined is not a multiple of a whole 
     year, such term shall be rounded to the next highest whole 
     year.
       ``(6) Prohibition on financial conflicts of interest.--An 
     issue shall be treated as meeting the requirements of this 
     paragraph if the issuer certifies that--
       ``(A) applicable State and local law requirements governing 
     conflicts of interest are satisfied with respect to such 
     issue, and
       ``(B) if the Secretary prescribes additional conflicts of 
     interest rules governing the appropriate Members of Congress, 
     Federal, State, and local officials, and their spouses, such 
     additional rules are satisfied with respect to such issue.
       ``(e) Other Definitions.--For purposes of this subchapter--
       ``(1) Credit allowance date.--The term `credit allowance 
     date' means--
       ``(A) March 15,
       ``(B) June 15,
       ``(C) September 15, and
       ``(D) December 15.

     Such term includes the last day on which the bond is 
     outstanding.
       ``(2) Bond.--The term `bond' includes any obligation.
       ``(3) State.--The term `State' includes the District of 
     Columbia and any possession of the United States.
       ``(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).
       ``(f) Credit Treated as Interest.--For purposes of this 
     subtitle, the credit determined under subsection (a) shall be 
     treated as interest which is includible in gross income.
       ``(g) S Corporations and Partnerships.--In the case of a 
     tax credit bond held by an S corporation or partnership, the 
     allocation of the credit allowed by this section to the 
     shareholders of such corporation or partners of such 
     partnership shall be treated as a distribution.
       ``(h) Bonds Held by Regulated Investment Companies and Real 
     Estate Investment Trusts.--If any qualified tax credit bond 
     is held by a regulated investment company or a real estate 
     investment trust, the credit determined under subsection (a) 
     shall be allowed to shareholders of such company or 
     beneficiaries of such trust (and any gross income included 
     under subsection (f) with respect to such credit shall be 
     treated as distributed to such shareholders or beneficiaries) 
     under procedures prescribed by the Secretary.
       ``(i) Credits May Be Stripped.--Under regulations 
     prescribed by the Secretary--
       ``(1) In general.--There may be a separation (including at 
     issuance) of the ownership of a qualified tax credit bond and 
     the entitlement to the credit under this section with respect 
     to such bond. In case of any such separation, the credit 
     under this section shall be allowed to the person who on the 
     credit allowance date holds the instrument evidencing the 
     entitlement to the credit and not to the holder of the bond.
       ``(2) Certain rules to apply.--In the case of a separation 
     described in paragraph (1), the rules of section 1286 shall 
     apply to the qualified tax credit bond as if it were a 
     stripped bond and to the credit under this section as if it 
     were a stripped coupon.

     ``SEC. 54B. QUALIFIED FORESTRY CONSERVATION BONDS.

       ``(a) Qualified Forestry Conservation Bond.--For purposes 
     of this subchapter, the term `qualified forestry conservation 
     bond' means any bond issued as part of an issue if--
       ``(1) 100 percent of the available proceeds of such issue 
     are to be used for one or more qualified forestry 
     conservation purposes,
       ``(2) the bond is issued by a qualified issuer, and
       ``(3) the issuer designates such bond for purposes of this 
     section.
       ``(b) Limitation on Amount of Bonds Designated.--The 
     maximum aggregate face amount of bonds which may be 
     designated under subsection (a) by any issuer shall not 
     exceed the limitation amount allocated to such issuer under 
     subsection (d).
       ``(c) National Limitation on Amount of Bonds Designated.--
     There is a national qualified forestry conservation bond 
     limitation of $500,000,000.
       ``(d) Allocations.--
       ``(1) In general.--The Secretary shall make allocations of 
     the amount of the national qualified forestry conservation 
     bond limitation described in subsection (c) among qualified 
     forestry conservation purposes in such manner as the 
     Secretary determines appropriate so as to ensure that all of 
     such limitation is allocated before the date which is 24 
     months after the date of the enactment of this section.
       ``(2) Solicitation of applications.--The Secretary shall 
     solicit applications for allocations of the national 
     qualified forestry conservation bond limitation described in 
     subsection (c) not later than 90 days after the date of the 
     enactment of this section.
       ``(e) Qualified Forestry Conservation Purpose.--For 
     purposes of this section, the

[[Page 34511]]

     term `qualified forestry conservation purpose' means the 
     acquisition by a State or 501(c)(3) organization (as defined 
     in section 150(a)(4)) from an unrelated person of forest and 
     forest land that meets the following qualifications:
       ``(1) Some portion of the land acquired must be adjacent to 
     United States Forest Service Land.
       ``(2) At least half of the land acquired must be 
     transferred to the United States Forest Service at no net 
     cost to the United States and not more than half of the land 
     acquired may either remain with or be donated to a State.
       ``(3) All of the land must be subject to a native fish 
     habitat conservation plan approved by the United States Fish 
     and Wildlife Service.
       ``(4) The amount of acreage acquired must be at least 
     40,000 acres.
       ``(f) Qualified Issuer.--For purposes of this section, the 
     term `qualified issuer' means a State or 501(c)(3) 
     organization (as defined in section 150(a)(4)).''.
       (b) Reporting.--Subsection (d) of section 6049 (relating to 
     returns regarding payments of interest) is amended by adding 
     at the end the following new paragraph:
       ``(9) Reporting of credit on qualified tax credit bonds.--
       ``(A) In general.--For purposes of subsection (a), the term 
     `interest' includes amounts includible in gross income under 
     section 54A and such amounts shall be treated as paid on the 
     credit allowance date (as defined in section 54A(e)(1)).
       ``(B) Reporting to corporations, etc.--Except as otherwise 
     provided in regulations, in the case of any interest 
     described in subparagraph (A) of this paragraph, subsection 
     (b)(4) of this section shall be applied without regard to 
     subparagraphs (A), (H), (I), (J), (K), and (L)(i).
       ``(C) Regulatory authority.--The Secretary may prescribe 
     such regulations as are necessary or appropriate to carry out 
     the purposes of this paragraph, including regulations which 
     require more frequent or more detailed reporting.''.
       (c) Conforming Amendments.--
       (1) Sections 54(c)(2) and 1400N(l)(3)(B) are each amended 
     by striking ``subpart C'' and inserting ``subparts C and I''.
       (2) Section 1397E(c)(2) is amended by striking ``subpart 
     H'' and inserting ``subparts H and I''.
       (3) Section 6401(b)(1) is amended by striking ``and H'' and 
     inserting ``H, and I''.
       (4) The heading of subpart H of part IV of subchapter A of 
     chapter 1 is amended by striking ``Certain Bonds'' and 
     inserting ``Clean Renewable Energy Bonds''.
       (5) The table of subparts for part IV of subchapter A of 
     chapter 1 is amended by striking the item relating to subpart 
     H and inserting the following new items:

``subpart h. nonrefundable credit to holders of clean renewable energy 
                                 bonds.

              ``subpart i. qualified tax credit bonds.''.

       (d) Effective Dates.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.
       On page 544, line 16, strike ``$5,500,000,000'' and insert 
     ``$5,000,000,000''.
       On page 1045, between lines 2 and 3, insert the following:

     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.
       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--
       ``(A) $65,000,000 for each of fiscal years 2008 through 
     2012; and
       ``(B) $60,000,000 for each fiscal year thereafter.
       ``(2) Funding for certain states.--Of the funds made 
     available under paragraph (1), the Secretary shall--
       ``(A) provide to each State that received funds under this 
     title during the period of fiscal years 2002 through 2007, 
     the greater of--
       ``(i) the simple average of amounts allocated to producers 
     in the State under this section for the period of fiscal 
     years 2002 through 2007; or
       ``(ii) the amount allocated to producers in the State under 
     this section in fiscal year 2007; and
       ``(B) in the case of each State the boundaries of which 
     encompass a multistate aquifer from which documented 
     groundwater withdrawals exceed 16,000,000,000 gallons per 
     day, provide an amount not less than the greater of--
       ``(i) $3,000,000; or
       ``(ii) the amount provided under subparagraph (A).
       ``(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.''.
       On page 692, between lines 17 and 18, insert the following:

     SEC. 49__. FOOD EMPLOYMENT EMPOWERMENT AND DEVELOPMENT 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means an 
     entity that meets the requirements of subsection (b)(2).
       (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
       (viii) older individuals (as defined in section 102 of the 
     Older Americans Act of 1965 (42 U.S.C. 3002)).
       (b) Food Employment Empowerment and Development Program.--
       (1) 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.
       (2) 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:
       (A) Recovery of donated food from area restaurants, 
     caterers, hotels, cafeterias, farms, or other food service 
     businesses.
       (B) Distribution of meals or recovered food to--
       (i) nonprofit organizations described in section 501(c)(3) 
     of the Internal Revenue Code of 1986;
       (ii) entities that feed vulnerable subpopulations; and
       (iii) other agencies considered appropriate by the 
     Secretary.
       (C) Training of unemployed and underemployed adults for 
     careers in the food service industry.
       (D) Carrying out of a welfare-to-work job training program 
     in combination with--
       (i) 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
       (ii) 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))).
       (3) Use of funds.--An eligible entity may use a grant 
     awarded under this section for--
       (A) capital investments related to the operation of the 
     eligible entity;
       (B) support services for clients, including staff, of the 
     eligible entity and individuals enrolled in job training 
     programs;
       (C) purchase of equipment and supplies related to the 
     operation of the eligible entity or that improve or directly 
     affect service delivery;
       (D) building and kitchen renovations that improve or 
     directly affect service delivery;
       (E) educational material and services;
       (F) administrative costs, in accordance with guidelines 
     established by the Secretary; and
       (G) additional activities determined appropriate by the 
     Secretary.
       (4) 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:
       (A) Carrying out food recovery programs that are integrated 
     with--
       (i) culinary worker training programs, such as programs 
     conducted by a food service

[[Page 34512]]

     management institute under section 21 of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1769b-1);
       (ii) school education programs; or
       (iii) programs of service-learning (as defined in section 
     101 of the National and Community Service Act of 1990 (42 
     U.S.C. 12511)).
       (B) Providing job skills training, life skills training, 
     and case management support to vulnerable subpopulations.
       (C) Integrating recovery and distribution of food with a 
     job training program.
       (D) Maximizing the use of an established school, community, 
     or private food service facility or resource in meal 
     preparation and culinary skills training.
       (E) Providing job skills training, life skills training, 
     and case management support to vulnerable subpopulations.
       (5) 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.
       (6) 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.
       (7) Technical assistance.--The Secretary may provide such 
     technical assistance to eligible entities as the Secretary 
     considers appropriate to help the eligible entities in 
     carrying out this section.
       (8) Relationship to other law.--
       (A) 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).
       (B) 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.
       (9) 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.
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     such sums as are necessary to carry out this section 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 (b)(7) 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.
       In lieu of the matter proposed to be inserted, insert 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, of whom at least 1 
     shall be a doctor of veterinary medicine.

       (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

[[Page 34513]]

       (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.
       On page 987, strike lines 3 and 4 and insert the following:
       (a) Competitive Grants.--The Competitive, Special, and 
     Facilities Research Grant Act (7 U.S.C. 450i) is amended in 
     subsection (b)--
       On page 989, between lines 2 and 3, insert the following:
       (b) National Research Support Project-7.--The Competitive, 
     Special, and Facilities Research Grant Act (7 U.S.C. 450i) is 
     amended by adding at the end the following:
       ``(l) National Research Support Project-7.--
       ``(1) Definitions.--In this subsection:
       ``(A) Project.--The term `project' means the project 
     established by the Secretary under paragraph (2).
       ``(B) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture.
       ``(2) Establishment.--The Secretary shall establish the 
     National Research Support Project-7--
       ``(A) to identify the animal drug needs for--
       ``(i) minor species; and
       ``(ii) minor uses in major species;
       ``(B) to generate and disseminate data to ensure the safe, 
     effective, and lawful use of drugs to be used primarily for 
     the therapy or reproductive management of minor animal 
     species; and
       ``(C) to facilitate the development and approval of drugs 
     for minor species, and minor uses in major species, by the 
     Center for Veterinary Medicine of the Food and Drug 
     Administration.
       ``(3) Administration of project.--
       ``(A) National research support project-7.--The Secretary 
     shall carry out the project in accordance with each purpose 
     and principle of the National Research Support Project-7 
     carried out by the Administrator of the Cooperative State 
     Research, Education, and Extension Service as of the day 
     before the date of enactment of this subsection.
       ``(B) Consultation with other entities.--The Secretary 
     shall carry out the project in consultation with--
       ``(i) the Commissioner of Food and Drugs;
       ``(ii) State agricultural experiment stations;
       ``(iii) institutions of higher education;
       ``(iv) private entities; and
       ``(v) any other interested individual or entity.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this subsection.''.
       On page 920, between lines 5 and 6, insert the following:

     SEC. 70__. INDIRECT COST RECOVERY.

       Section 1473A of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319a) 
     is amended in the second sentence by striking ``not exceeding 
     10 percent of the direct cost'' and inserting ``and shall be 
     the negotiated indirect rate of Cost for an institution by 
     the appropriate Federal audit agency for the institution, not 
     to exceed 30 percent.''.
       On page 935, strike line 7 and insert the following:
       ``(f) Poultry Sustainability Center of Excellence.--
       ``(1) In general.--The Secretary shall establish a poultry 
     sustainability center of excellence--
       ``(A) to 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) to 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, and use of animal waste; and
       ``(iii) to assist the poultry industry in ensuring that 
     emissions of animal waste and discharges of the industry are 
     maintained at levels at or below applicable regulatory 
     standards;
       ``(C) to provide technical assistance, training, applied 
     research, and monitoring to eligible applicants;
       ``(D) to develop environmentally effective programs in the 
     poultry industry; and
       ``(E) to collaborate with eligible applicants to work with 
     the Federal Government (including Federal agencies) in the 
     development of conservation and watershed programs to help 
     private landowners and agricultural producers meet applicable 
     water quality standards.
       ``(2) Reports.--Not later than 2 years after the date of 
     enactment of this section, and for each fiscal year 
     thereafter, the Secretary shall submit to Congress a report 
     describing--
       ``(A) each project for which funds are provided under this 
     subsection; and
       ``(B) any advances in technology resulting from the 
     implementation of this subsection.
       ``(g) Authorization of Appropriations.--There
       On page 895, strike lines 4 through 7 and insert the 
     following:
       Section 1408 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123) is 
     amended--
       (A) in subsection (g)(1), by striking ``$350,000'' and 
     inserting ``$500,000''; and
       (B) in subsection (h), by striking ``2007'' and inserting 
     ``2012''.
       On page 842, between lines 13 and 14, add the following:

     SEC. 6034. NORTHERN BORDER ECONOMIC DEVELOPMENT COMMISSION.

       The Consolidated Farm and Rural Development Act (7 U.S.C. 
     1921 et seq.) is amended by adding at the end the following:

     ``Subtitle J--Northern Border Economic Development Commission

     ``SEC. 386A. DEFINITIONS.

       ``In this subtitle:
       ``(1) Commission.--The term `Commission' means the Northern 
     Border Economic Development Commission established by section 
     386B.
       ``(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 386N).

     ``SEC. 386B. 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.

[[Page 34514]]

       ``(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 386H.
       ``(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, 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 paragraph (5) or (6) of subsection (e) 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 Federal, 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.

[[Page 34515]]

       ``(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. 386C. ECONOMIC AND COMMUNITY DEVELOPMENT GRANTS.

       ``(a) In General.--The Commission may approve grants to 
     States, local development districts (as defined in section 
     386E(a)), and public and nonprofit entities for projects, 
     approved in accordance with section 386H--
       ``(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.
       ``(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. 386D. 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 
     386H--
       ``(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. 386E. 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. 386F. 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 386B(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

[[Page 34516]]

     implementation of all plans and programs under this subtitle.

     ``SEC. 386G. 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. 386H. 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 386G;
       ``(3) provides adequate assurance that the proposed project 
     will be properly administered, operated, and maintained; and
       ``(4) otherwise meets the requirements of this subtitle.
       ``(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 386B(c) shall be required for 
     approval of the application.

     ``SEC. 386I. 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. 386J. 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. 386K. 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. 386L. 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. 386M. TERMINATION OF COMMISSION.

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

     ``SEC. 386N. 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 386K, 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 386K, 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.''.
       On page 778, between lines 2 and 3, insert the following:

     SEC. 60__. GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS.

       (a) In General.--The Consolidated Farm and Rural 
     Development Act is amended by inserting after section 344 (7 
     U.S.C. 1992) the following:

     ``SEC. 345. GEOGRAPHICALLY DISADVANTAGED FARMERS AND 
                   RANCHERS.

       ``(a) Definitions.--In this section:
       ``(1) Agricultural commodity.--The term `agricultural 
     commodity' has the meaning

[[Page 34517]]

     given the term in section 102 of the Agricultural Trade Act 
     of 1978 (7 U.S.C. 5602).
       ``(2) Geographically disadvantaged farmer or rancher.--The 
     term `geographically disadvantaged farmer or rancher' has the 
     meaning given the term in section 10906(a) of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 2204 
     note; Public Law 107-171).
       ``(b) Authorization.--
       ``(1) In general.--Subject to paragraph (2) and the 
     availability of funds under subsection (d), for each fiscal 
     year, the Secretary may provide geographically disadvantaged 
     farmers or ranchers direct reimbursement payments for 
     activities described in subsection (c).
       ``(2) Limitation.--The total amount of direct reimbursement 
     payments provided by the Secretary under this section shall 
     not exceed $15,000,000 for each fiscal year.
       ``(c) Transportation.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary may provide direct reimbursement payments to a 
     geographically disadvantaged farmer or rancher to transport 
     an agricultural commodity, or inputs used to produce an 
     agricultural commodity, during a fiscal year.
       ``(2) Proof of eligibility.--To be eligible to receive 
     assistance under paragraph (1), farmer or rancher shall 
     provide to the Secretary proof (as determined by the 
     Secretary) that transportation or the agricultural commodity 
     or inputs occurred over a distance of more than 30 miles.
       ``(3) Amount.--The amount of direct reimbursement payments 
     made to a geographically disadvantaged farmer or rancher 
     under a subsection for a fiscal year shall equal the product 
     obtained by multiplying--
       ``(A) the amount of costs incurred by the farmer or rancher 
     for transportation of the agricultural commodity or inputs 
     during the fiscal year; and
       ``(B) the percentage of the allowance for that fiscal year 
     made under section 5941 of title 5, United States Code, for 
     Federal employees stationed in Alaska and Hawaii.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on October 1, 2007.
       On page 294, insert after line 11:

     SEC. 19 __. SESAME INSURANCE PILOT PROGRAM.

       Section 523 of the Federal Crop Insurance Act (7 U.S.C. 
     1523) is amended by adding at the end the following
       ``(g) Sesame Insurance Pilot Program.--
       (1) In general.--The Secretary of Agriculture shall 
     establish and carry out a pilot program under which a 
     producer of non-dehiscent sesame under contract may elect to 
     obtain multi-peril crop insurance, as determined by the 
     Secretary.
       (2) Terms and conditions.--The multi-peril crop insurance 
     offered under the sesame insurance pilot program shall--
       (A) be offered through reinsurance arrangements with 
     private insurance companies;
       (B) be actuarially sound; and
       (C) require the payment of premiums and administrative fees 
     by a producer obtaining the insurance.
       (3) Location.--The sesame insurance pilot program shall be 
     carried out only in the State of Texas.
       (4) Relation to prohibition on research and development by 
     corporation.--Section 522(e)(4) of the Federal Crop Insurance 
     Act (7 U.S.C. 1522(e)(4)) shall apply with respect to the 
     sesame insurance pilot program.
       (5) Duration.--The Secretary shall commence the sesame 
     insurance pilot program as soon as practicable after the date 
     of the enactment of this Act and continue the program through 
     the 2012 crop year.
       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.--
       ``(A) In general.--Subject to subparagraph (B), the term 
     `plant' excludes--
       ``(i) any cultivar or common food crop; or
       ``(ii) a plant intended to remain planted, to be planted, 
     or replanted (including roots, seeds, and germplasm) that 
     is--

       ``(I)(aa) imported into the United States accompanied by a 
     phytosanitary certificate issued by the national plant 
     protection organization of the country of origin or 
     transshipment country; or
       ``(bb) precleared for entry by the Secretary; or
       ``(II) a domestically produced plant, or derived from a 
     domestically produced plant, that is--

       ``(aa) moving in interstate commerce; and
       ``(bb) not listed pursuant to any State law that provides 
     for the conservation of species threatened with extinction.
       ``(B) Limitation.--The exclusions in subparagraph (A) do 
     not apply to a plant listed--
       ``(i) on an appendix 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
       ``(ii) 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) Taken and Taking.--
       (1) Taken.--The term ``taken'' means captured, killed, or 
     collected and, with respect to a plant, also means harvested, 
     cut logged, or removed.
       (2) Taking.--The term ``taking'' means the act by which 
     fish, wildlife, or plants are taken.'';
       (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, possessed, transported, 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, possessed, transported, or sold 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) taken, possessed, transported, or sold in violation 
     of any limitation under any law or regulation of any State or 
     under any foreign law; governing the export or transshipment 
     of plants; or''; and
       (ii) in paragraph (3), by striking subparagraph (B) and 
     inserting the following:
       ``(B) to possess any plant--
       ``(i) taken, possessed, transported, 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, possessed, transported, or sold 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) taken, possessed, transported, or sold in violation 
     of any limitation under any law or regulation of any State or 
     under any foreign law; governing the export or transshipment 
     of plants; 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--

[[Page 34518]]

       ``(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.
       (f)(2) Exclusions--
       (A) The term plant excludes--
       (i) any cultivar or common food crop; or
       (ii) plants intended to remain planted, to be planted or 
     replanted (including roots, seeds, and germplasm) that are--
       (I) imported into the United States accompanied by a 
     phytosanitary certificate issued by the national plant 
     protection organization of the country of origin or 
     transshipment country, or that have been precleared for entry 
     by the Secretary; or
       (II) domestically produced, or derived from domestically 
     produced plants, moving in interstate commerce; or
       (iii) non-woody plant material, from plants lacking a well-
     defined stem or stems and a more or less definite crown 
     including roots, seeds, and germplasm, intended for research;
       (B) The exclusions in paragraph (A) do not apply to plants 
     listed--
       (i) on an appendix to the Convention on International Trade 
     in Endangered Species of Wild Fauna and Flora (27 UST 1087); 
     TIAS 8249);
       (ii) as an endangered or threatened species under the 
     Endangered Species Act of 1973 (16 USC 1531 et seq.); or
       (iii) pursuant to any State law that provides for the 
     conservation of species threatened with extinction.
       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 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.
       On page 1161, between lines 8 and 9, insert the following:

     ``SEC. 9011. NEW CENTURY FARM PROJECT.

       ``There is authorized to be appropriated to the Secretary 
     to support the development and operation of an integrated and 
     sustainable biomass, feedstock, and biofuels production 
     system to serve as a model for a new century farm $15,000,000 
     for the period of fiscal years 2008 through 2012, to remain 
     available until expended.''.
       At the end of title VIII, add the following:

             Subtitle D--Qualifying Timber Contract Options

     SEC. 8301. QUALIFYING TIMBER CONTRACT OPTIONS.

       (a) Definitions.--
       (1) Authorized producer price index.--The term ``authorized 
     Producer Price Index'' includes--
       (A) the softwood commodity index (code number 0811);
       (B) the hardwood commodity index (code number 0812);
       (C) the wood chip index (code number PCU 3211332135); and
       (D) any other subsequent comparable index, as established 
     by the Bureau of Labor Statistics of the Department of Labor.
       (2) Qualifying contract.--The term ``qualifying contract'' 
     means a contract for the sale of timber on National Forest 
     System land--
       (A) that was awarded during the period beginning on July 1, 
     2004, and ending on December 31, 2006;
       (B) for which there is unharvested volume remaining on the 
     parcel of land that is the subject of the contract;
       (C) for which, not later than 90 days after the date of 
     enactment of this Act, the timber purchaser makes a written 
     request to the Secretary for any option described in 
     subsection (b);
       (D) that is not a salvage sale; and
       (E) that is not in breach or in default.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture (acting through the Chief of the Forest 
     Service).
       (b) Options for Qualifying Contracts.--
       (1) Cancellation; rate redetermination.--Notwithstanding 
     any other provision of law, if the rate at which a qualifying 
     contract would be advertised as of the date of enactment of 
     this Act is at least 50 percent less than the sum of the 
     original purchase rates for all of the species of timber that 
     are the subject of the qualifying contract, the Secretary 
     may, at the sole discretion of the Secretary--
       (A) cancel the qualifying contract if the timber 
     purchaser--
       (i) pays 30 percent of the total value of the qualifying 
     contract based on current contract rates;

[[Page 34519]]

       (ii) completes each contractual obligation of the timber 
     purchaser with respect to each unit on which harvest has 
     begun, (including the removal of downed timber, the 
     completion of road work, and the completion of erosion 
     control work) to a logical stopping point, as determined by 
     the Secretary, in consultation with the timber purchaser; and
       (iii) terminates the rights of the timber purchaser under 
     the qualifying contract; or
       (B) redetermine the rate of the qualifying contract to 
     equal the sum obtained by adding--
       (i) 25 percent of the bid premium on the qualifying 
     contract; and
       (ii) the rate at which the qualifying contract would be 
     advertised as of the date of enactment of this Act.
       (2) Substitution of index.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary may, at the sole discretion of the 
     Secretary, substitute the Producer Price Index in provision 
     A20 of a qualifying contract if the timber purchaser of the 
     qualifying contract identifies--
       (i) each product that the timber purchaser intends to 
     produce from the timber harvested from each unit of land that 
     is the subject of the qualifying contract; and
       (ii) a substitute index that contains products similar to 
     each product identified in clause (i) from an authorized 
     Producer Price Index.
       (B) Authority of secretary to modify qualifying contract.--
     If the Secretary substitutes the Producer Price Index of a 
     qualifying contract under subparagraph (A), the Secretary may 
     modify the qualifying contract as the Secretary determines to 
     be necessary to provide for an emergency rate 
     redetermination.
       (c) Extension of Qualifying Contracts.--With respect to a 
     qualifying contract for which the current contract rate is 
     redetermined by the Secretary under subsection (b)(1)(B), or 
     for which the Producer Price Index is substituted by the 
     Secretary under subsection (b)(2), the Secretary may--
       (1) extend the contract term for a 1-year period beginning 
     on the contract termination date; and
       (2) adjust the periodic payments required under the 
     contract in accordance with applicable law (including 
     regulations) and policies.
       (d) Effect of Options.--
       (1) In general.--This section shall not have the effect of 
     surrendering any claim by the United States against any 
     timber purchaser that arose under a qualifying contract 
     before the date on which the Secretary conducts a 
     cancellation, rate redetermination, or index substitution 
     under subsection (b).
       (2) Release of liability.--The United States shall be 
     released from all liability, including further consideration 
     or compensation, resulting from--
       (A) a cancellation, rate redetermination, or index 
     substitution conducted by the Secretary under subsection (b); 
     or
       (B) a determination made by the Secretary not to cancel, 
     redetermine any rate, or substitute any index under 
     subsection (b).
       (3) Limitation.--A cancellation, rate redetermination, or 
     index substitution conducted by the Secretary under 
     subsection (b) shall release the timber purchaser from 
     liability for any damages resulting from the cancellation, 
     rate redetermination, or index substitution.
       On page 499, strike lines 1 through 12 and insert the 
     following:

     SEC. 2607. DESERT TERMINAL LAKES.

       Section 2507 of the Farm Security and Rural Investment Act 
     of 2002 (43 U.S.C. 2211 note; Public Law 107-171) is 
     amended--
       (1) in subsection (a), by striking ``, as soon as 
     practicable after the date of enactment of this Act,'' and 
     inserting the following: ``and paragraph (1) of section 
     207(a) of Public Law 108-7 (117 Stat. 146), notwithstanding 
     paragraph (3) of that section, on the date of enactment of 
     the Food and Energy Security Act of 2007,''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Permitted Uses.--In any case in which there are 
     willing sellers, the funds described in subsection (a) may be 
     used--
       ``(1) to lease water; or
       ``(2) to purchase land, water appurtenant to the land, and 
     related interests in the Walker River Basin in accordance 
     with section 208(a)(1)(A) of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103, 119 Stat. 
     2268).''.
       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''.
       At the appropriate place in title XI, insert the following:

     SEC. ____. FOOD SAFETY IMPROVEMENT.

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

     ``SEC. 411. REPORTABLE FOOD EVENT.

       ``(a) Definitions.--In this section:
       ``(1) Reportable food.--The term `reportable food' means 
     meat or a meat food product under this Act for which there is 
     a reasonable probability that the use of, or exposure to, the 
     meat or meat food product will cause serious adverse health 
     consequences or death to humans or animals.
       ``(2) Registry.--The term `Registry' means the registry 
     established under subsection (b).
       ``(3) Responsible party.--The term `responsible party', 
     with respect to a reportable food, means an operator of an 
     establishment subject to inspection under this Act at which 
     the reportable food is manufactured, processed, packed, or 
     held.
       ``(b) Establishment.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Food and Energy Security Act of 2007, the 
     Secretary shall establish within the Department of 
     Agriculture a Reportable Meat Registry to which information 
     concerning reportable food may be submitted via an electronic 
     portal, from--
       ``(A) employees of the Food Safety and Inspection Service;
       ``(B) Federal, State, and local public health officials; 
     and
       ``(C) responsible parties.
       ``(2) Review by secretary.--The Secretary shall promptly 
     review and assess the information submitted under paragraph 
     (1) for the purposes of--
       ``(A) identifying reportable food;
       ``(B) submitting entries to the Registry;
       ``(C) taking actions under subsection (c); and
       ``(D) exercising other food safety authority of the 
     Secretary to protect the health and safety of humans and 
     animals.
       ``(c) Issuance of an Alert by the Secretary.--
       ``(1) In general.--The Secretary shall issue, or cause to 
     be issued, an alert or a notification with respect to a 
     reportable food using information from the Registry as the 
     Secretary considers necessary to protect the health and 
     safety of humans and animals.
       ``(2) Effect.--Paragraph (1) shall not affect the authority 
     of the Secretary to issue an alert or a notification under 
     any other provision of law.
       ``(d) Reporting and Notification.--
       ``(1) In general.--Except as provided in paragraph (2), as 
     soon as practicable, but in

[[Page 34520]]

      no case later than 24 hours after a responsible party 
     determines that meat or meat food product is a reportable 
     food, the responsible party shall--
       ``(A) submit a report to the Secretary through the Registry 
     that includes information described in subsection (e) (other 
     than the information described in paragraphs (7), (8), and 
     (9) of that subsection); and
       ``(B) investigate the cause of the event that caused the 
     meat or meat food product to be a reportable food, if the 
     reportable food originated with the responsible party.
       ``(2) No report required.--A responsible party shall not be 
     required to submit a report under paragraph (1) if--
       ``(A) the adulteration or misbranding originated with the 
     responsible party;
       ``(B) the responsible party detected the adulteration or 
     misbranding prior to any transfer to another person of the 
     meat or meat food product; and
       ``(C) the responsible party--
       ``(i) corrected the adulteration or misbranding; or
       ``(ii) destroyed or caused the destruction of the meat or 
     meat food product.
       ``(3) Report number.--The Secretary shall ensure that, upon 
     submission of a report under paragraph (1), a unique number 
     is issued through the Registry to the person submitting the 
     report, by which the Secretary is able--
       ``(A) to link reports about the reportable food submitted 
     and amended under this subsection; and
       ``(B) identify the supply chain for the reportable food.
       ``(4) Response to report submitted by a responsible 
     party.--After consultation with the responsible party that 
     submitted a report under paragraph (1), the Secretary may 
     require the responsible party to perform, as soon as 
     practicable, but in no case later than a time specified by 
     the Secretary, 1 or more of the following, as determined by 
     the Secretary:
       ``(A) Amend the report submitted by the responsible party 
     under paragraph (1) to include the information described in 
     subsection (e)(8).
       ``(B) Provide a notification--
       ``(i) to the immediate previous source of the reportable 
     food;
       ``(ii) to the immediate subsequent recipient of the 
     reportable food; and
       ``(iii) that includes--

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

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

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

       ``(6) Amended report.--If a responsible party receives a 
     notification under paragraph (4)(B) or paragraph (5)(C) with 
     respect to a reportable food after the responsible party has 
     submitted a report to the Secretary under paragraph (1) with 
     respect to the reportable food, the responsible party--
       ``(A) shall not be required to submit an additional report 
     or make a notification under paragraph (5); and
       ``(B) the responsible party shall amend the report 
     submitted by the responsible party under paragraph (1) to 
     include the information described in paragraph (7), and, with 
     respect to both the notification and the report, paragraph 
     (10) of subsection (e).
       ``(e) Information.--The information described in this 
     subsection is the following:
       ``(1) The date on which the meat or meat food product was 
     determined to be a reportable food.
       ``(2) A description of the reportable food, including the 
     quantity of the reportable food.
       ``(3) The extent and nature of the adulteration or 
     misbranding.
       ``(4) If the adulteration or misbranding of the reportable 
     food may have originated with the responsible party, the 
     results of the investigation required under paragraph (1)(B) 
     or (5)(B) of subsection (d), as applicable, and when known.
       ``(5) The disposition of the reportable food, if known.
       ``(6) Product information typically found on packaging 
     including product codes, use-by dates, and the names of 
     manufacturers, packers, or distributors sufficient to 
     identify the reportable food.
       ``(7) Contact information for the responsible party.
       ``(8) The contact information for parties directly linked 
     in the supply chain and notified under paragraph (4)(B) or 
     (5)(C) of subsection (d), as applicable.
       ``(9) The information required by the Secretary to be 
     included in a notification provided by the responsible party 
     involved under paragraph (4)(B) or (5)(C) of subsection (d) 
     or required in a report under subsection (d)(5)(A).
       ``(10) The unique number described in subsection (d)(3).
       ``(f) Coordination of Federal, State, and Local Efforts.--
       ``(1) Food and drug administration.--In carrying out this 
     section, the Secretary shall--
       ``(A) share information and coordinate regulatory efforts 
     with the Commissioner of Food and Drugs; and
       ``(B) if the Secretary receives a report submitted about a 
     food within the jurisdiction of the Commissioner, promptly 
     provide the report to the Commissioner.
       ``(2) States and localities.--In carrying out this section, 
     the Secretary shall work with the State and local public 
     health officials to share information that is not 
     confidential commercial or financial information protected 
     under section 552(b)(4) of title 5, United States Code, and 
     coordinate regulatory efforts, in order to--
       ``(A) help to ensure coverage of the safety of the food 
     supply chain, including those establishments regulated by the 
     States and localities that are not regulated under this Act; 
     and
       ``(B) reduce duplicative regulatory efforts.
       ``(g) Maintenance and Inspection of Records.--
       ``(1) In general.--The responsible party shall maintain 
     records related to each report received, notification made, 
     and report submitted to the Secretary under this section for 
     at least 2 years.
       ``(2) Inspection.--A responsible party shall, at the 
     request of the Secretary, permit inspection of records 
     maintained under paragraph (1).
       ``(h) Request for Information.--Section 552 of title 5, 
     United States Code, shall apply to any request for 
     information regarding a record in the Registry.
       ``(i) Safety Report.--A report or notification under 
     subsection (d) may be accompanied by a statement, which shall 
     be part of any report released for public disclosure, that 
     denies that the report or the notification constitutes an 
     admission that the product involved caused or contributed to 
     a death, serious injury, or serious illness.
       ``(j) Admission.--A report or notification under this 
     section shall not be considered an admission that the 
     reportable food involved is adulterated, misbranded, or 
     caused or contributed to a death, serious injury, or serious 
     illness.
       ``(k) Homeland Security Notification.--If, after receiving 
     a report under subsection (d), the Secretary believes the 
     reportable food may have been deliberately adulterated or 
     misbranded, the Secretary shall--
       ``(1) immediately notify the Secretary of Homeland 
     Security; and
       ``(2) make relevant information from the Registry available 
     to the Secretary of Homeland Security.
       ``(l) Violations.--A responsible party that fails to comply 
     with any requirement of this section shall be subject to an 
     appropriate penalty under section 406.''.
       (2) Poultry products inspection act.--The Poultry Products 
     Inspection Act is amended by inserting after section 10 (21 
     U.S.C. 459) the following:

     ``SEC. 10A. REPORTABLE FOOD EVENT.

       ``(a) Definitions.--In this section:
       ``(1) Reportable food.--The term `reportable food' means 
     poultry or a poultry product under this Act for which there 
     is a reasonable probability that the use of, or exposure to, 
     the poultry or poultry product will cause serious adverse 
     health consequences or death to humans or animals.
       ``(2) Registry.--The term `Registry' means the registry 
     established under subsection (b).
       ``(3) Responsible party.--The term `responsible party', 
     with respect to a reportable food, means an operator of an 
     official establishment.
       ``(b) Establishment.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Food and Energy Security Act of 2007, the 
     Secretary shall establish within the Department of 
     Agriculture a Reportable Poultry Registry to which 
     information concerning reportable food may be submitted via 
     an electronic portal, from--
       ``(A) employees of the Food Safety and Inspection Service;
       ``(B) Federal, State, and local public health officials; 
     and

[[Page 34521]]

       ``(C) responsible parties.
       ``(2) Review by secretary.--The Secretary shall promptly 
     review and assess the information submitted under paragraph 
     (1) for the purposes of--
       ``(A) identifying reportable food;
       ``(B) submitting entries to the Registry;
       ``(C) taking actions under subsection (c); and
       ``(D) exercising other food safety authority of the 
     Secretary to protect the health and safety of humans and 
     animals.
       ``(c) Issuance of an Alert by the Secretary.--
       ``(1) In general.--The Secretary shall issue, or cause to 
     be issued, an alert or a notification with respect to a 
     reportable food using information from the Registry as the 
     Secretary considers necessary to protect the health and 
     safety of humans and animals.
       ``(2) Effect.--Paragraph (1) shall not affect the authority 
     of the Secretary to issue an alert or a notification under 
     any other provision of law.
       ``(d) Reporting and Notification.--
       ``(1) In general.--Except as provided in paragraph (2), as 
     soon as practicable, but in no case later than 24 hours after 
     a responsible party determines that poultry or poultry 
     product is a reportable food, the responsible party shall--
       ``(A) submit a report to the Secretary through the Registry 
     that includes information described in subsection (e) (other 
     than the information described in paragraphs (7), (8), and 
     (9) of that subsection); and
       ``(B) investigate the cause of the event that caused the 
     poultry or poultry product to be a reportable food, if the 
     reportable food originated with the responsible party.
       ``(2) No report required.--A responsible party shall not be 
     required to submit a report under paragraph (1) if--
       ``(A) the adulteration or misbranding originated with the 
     responsible party;
       ``(B) the responsible party detected the adulteration or 
     misbranding prior to any transfer to another person of the 
     poultry or poultry product; and
       ``(C) the responsible party--
       ``(i) corrected the adulteration or misbranding; or
       ``(ii) destroyed or caused the destruction of the poultry 
     or poultry product.
       ``(3) Report number.--The Secretary shall ensure that, upon 
     submission of a report under paragraph (1), a unique number 
     is issued through the Registry to the person submitting the 
     report, by which the Secretary is able--
       ``(A) to link reports about the reportable food submitted 
     and amended under this subsection; and
       ``(B) identify the supply chain for the reportable food.
       ``(4) Response to report submitted by a responsible 
     party.--After consultation with the responsible party that 
     submitted a report under paragraph (1), the Secretary may 
     require the responsible party to perform, as soon as 
     practicable, but in no case later than a time specified by 
     the Secretary, 1 or more of the following, as determined by 
     the Secretary:
       ``(A) Amend the report submitted by the responsible party 
     under paragraph (1) to include the information described in 
     subsection (e)(8).
       ``(B) Provide a notification--
       ``(i) to the immediate previous source of the reportable 
     food;
       ``(ii) to the immediate subsequent recipient of the 
     reportable food; and
       ``(iii) that includes--

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

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

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

       ``(6) Amended report.--If a responsible party receives a 
     notification under paragraph (4)(B) or paragraph (5)(C) with 
     respect to a reportable food after the responsible party has 
     submitted a report to the Secretary under paragraph (1) with 
     respect to the reportable food, the responsible party--
       ``(A) shall not be required to submit an additional report 
     or make a notification under paragraph (5); and
       ``(B) the responsible party shall amend the report 
     submitted by the responsible party under paragraph (1) to 
     include the information described in paragraph (7), and, with 
     respect to both the notification and the report, paragraph 
     (10) of subsection (e).
       ``(e) Information.--The information described in this 
     subsection is the following:
       ``(1) The date on which the poultry or poultry product was 
     determined to be a reportable food.
       ``(2) A description of the reportable food, including the 
     quantity of the reportable food.
       ``(3) The extent and nature of the adulteration or 
     misbranding.
       ``(4) If the adulteration or misbranding of the reportable 
     food may have originated with the responsible party, the 
     results of the investigation required under paragraph (1)(B) 
     or (5)(B) of subsection (d), as applicable, and when known.
       ``(5) The disposition of the reportable food, if known.
       ``(6) Product information typically found on packaging 
     including product codes, use-by dates, and the names of 
     manufacturers, packers, or distributors sufficient to 
     identify the reportable food.
       ``(7) Contact information for the responsible party.
       ``(8) The contact information for parties directly linked 
     in the supply chain and notified under paragraph (4)(B) or 
     (5)(C) of subsection (d), as applicable.
       ``(9) The information required by the Secretary to be 
     included in a notification provided by the responsible party 
     involved under paragraph (4)(B) or (5)(C) of subsection (d) 
     or required in a report under subsection (d)(5)(A).
       ``(10) The unique number described in subsection (d)(3).
       ``(f) Coordination of Federal, State, and Local Efforts.--
       ``(1) Food and drug administration.--In carrying out this 
     section, the Secretary shall--
       ``(A) share information and coordinate regulatory efforts 
     with the Commissioner of Food and Drugs; and
       ``(B) if the Secretary receives a report submitted about a 
     food within the jurisdiction of the Commissioner, promptly 
     provide the report to the Commissioner.
       ``(2) States and localities.--In carrying out this section, 
     the Secretary shall work with the State and local public 
     health officials to share information that is not 
     confidential commercial or financial information protected 
     under section 552(b)(4) of title 5, United States Code, and 
     coordinate regulatory efforts, in order to--
       ``(A) help to ensure coverage of the safety of the food 
     supply chain, including those establishments regulated by the 
     States and localities that are not regulated under this Act; 
     and
       ``(B) reduce duplicative regulatory efforts.
       ``(g) Maintenance and Inspection of Records.--
       ``(1) In general.--The responsible party shall maintain 
     records related to each report received, notification made, 
     and report submitted to the Secretary under this section for 
     at least 2 years.
       ``(2) Inspection.--A responsible party shall, at the 
     request of the Secretary, permit inspection of records 
     maintained under paragraph (1).
       ``(h) Request for Information.--Section 552 of title 5, 
     United States Code, shall apply to any request for 
     information regarding a record in the Registry.
       ``(i) Safety Report.--A report or notification under 
     subsection (d) may be accompanied by a statement, which shall 
     be part of any report released for public disclosure, that 
     denies that the report or the notification constitutes an 
     admission that the product involved caused or contributed to 
     a death, serious injury, or serious illness.
       ``(j) Admission.--A report or notification under this 
     section shall not be considered an admission that the 
     reportable food involved is adulterated, misbranded, or 
     caused or contributed to a death, serious injury, or serious 
     illness.
       ``(k) Homeland Security Notification.--If, after receiving 
     a report under subsection (d), the Secretary believes the 
     reportable food may have been deliberately adulterated or 
     misbranded, the Secretary shall--
       ``(1) immediately notify the Secretary of Homeland 
     Security; and
       ``(2) make relevant information from the Registry available 
     to the Secretary of Homeland Security.
       ``(l) Penalties.--A responsible party that fails to comply 
     with any requirement of this section shall be subject to an 
     appropriate penalty under section 12.''.
       (3) Conforming amendment.--Section 12(a) of the Poultry 
     Products Inspection Act (21 U.S.C. 461(a)) is amended by 
     inserting ``10A,'' after ``10,''.
       (4) Effective date.--The amendments made by the subsection 
     take effect on the

[[Page 34522]]

     date that is 1 year after the date of enactment of this Act.
       (5) Guidance.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary shall issue a guidance 
     to industry relating to--
       (A) the submission of reports to the registries established 
     under section 411 of the Federal Meat Inspection Act (as 
     amended by paragraph (1)) and section 10A of the Poultry 
     Products Inspection Act (as amended by paragraph (2)); and
       (B) the provision of notification to other persons in the 
     supply chain of reportable food under those sections.
       (6) Effect.--Nothing in this subsection, or an amendment 
     made by this subsection, alters the jurisdiction between the 
     Secretary and the Secretary of Health and Human Services, 
     under applicable law (including regulations).
       (b) Supplemental Plans and Reassessments.--The Secretary 
     shall require that each establishment required by the 
     Secretary to have a hazard analysis and critical control 
     point plan in accordance with the final rule of the Secretary 
     (61 Fed. Reg. 38806 (July 25, 1996)) shall submit to the 
     Secretary, in writing--
       (1) at a minimum, a recall plan described in Directive 
     8080.1, Rev. 4 (May 24, 2004) of the Food Safety and 
     Inspection Service (or a successor directive); and
       (2) for beef products, an E. coli reassessment described in 
     the supplementary information relating to E. coli O157: H7 
     Contamination of Beef Products (67 Fed. Reg. 62325 (October 
     7, 2002); part 417 of title 9, Code of Federal Regulations).
       (c) Sanitary Transportation of Food.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall promulgate regulations described in section 
     416(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     350e(b)).
       (2) Memorandum of understanding.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary, the 
     Secretary of Health and Human Services, and the Secretary of 
     Transportation shall enter into a memorandum of understanding 
     to ensure that the Secretaries work together effectively to 
     ensure the safety and security of the food supply of the 
     United States, particularly in relation to distribution 
     channels involving transportation (as described in the 
     withdrawal of notices of proposed rulemaking (70 Fed. Reg. 
     76228 (December 23, 2005))).
       At the appropriate place in title XI, insert the following:

     SEC. 11___. OFFICE OF SMALL FARMS AND BEGINNING FARMERS AND 
                   RANCHERS.

       (a) In General.--Subtitle B of title II of the Department 
     of Agriculture Reorganization Act of 1994 (as amended by 
     section 11059(a)) is amended by inserting after section 226B 
     the following:

     ``SEC. 226C. OFFICE OF SMALL FARMS AND BEGINNING FARMERS AND 
                   RANCHERS.

       ``(a) Establishment.--Not less than 180 days after the date 
     of enactment of this section, the Secretary shall establish 
     and maintain within the executive operations of the 
     Department an office, to be known as the `Office of Small 
     Farms and Beginning Farmers and Ranchers' (referred to in 
     this section as the `Office').
       ``(b) Purposes.--The purposes of the Office are--
       ``(1) to ensure coordination across all agencies of the 
     Department--
       ``(A) to improve use of the programs and services of the 
     Department; and
       ``(B) to enhance the viability of small, beginning, and 
     socially disadvantaged farmers and ranchers and others, as 
     the Secretary determines to be necessary;
       ``(2) to ensure small, beginning, and socially 
     disadvantaged farmers and ranchers access to, and equitable 
     participation in, commodity, credit, risk management and 
     disaster protection, conservation, marketing, nutrition, 
     value-added, rural development, and other programs and 
     services of the Department;
       ``(3) to ensure that the number and economic contributions 
     of small, limited-resource, beginning, and socially 
     disadvantaged farmers and ranchers are accurately reflected 
     in the Census of Agriculture and in other reports; and
       ``(4) to assess and enhance the effectiveness of outreach 
     and programs of the Department--
       ``(A) to reduce barriers to program participation;
       ``(B) to improve service provided through programs of the 
     Department to small, beginning, and socially disadvantaged 
     farmers and ranchers; and
       ``(C) by suggesting to the Secretary new initiatives and 
     programs to better serve the needs of small, socially 
     disadvantaged, and beginning farmers and ranchers.
       ``(c) Director.--
       ``(1) In general.--The Office shall be headed by a 
     Director.
       ``(2) Assumption of duties.--Effective on the date of 
     establishment of the Office under subsection (a), the 
     Director shall assume the duties and personnel of the 
     Director of Small Farms Coordination, as in existence on the 
     day before the date of enactment of this section.
       ``(d) Duties.--The Office shall--
       ``(1) in collaboration with such other agencies and offices 
     of the Department as the Secretary determines to be 
     necessary, develop and implement a plan to coordinate the 
     activities established under Departmental Regulation 9700-1 
     (August 3, 2006), including activities of the Small and 
     Beginning Farmers and Ranchers Council and services provided 
     by the Department to small farms and beginning farmers and 
     ranchers;
       ``(2) coordinate with the Office of Outreach to provide 
     consultation, training, and liaison activities with eligible 
     entities (as defined in section 2501(e) of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 7 U.S.C. 
     2279(e));
       ``(3) cooperate with, and monitor, agencies and offices of 
     the Department to ensure that the Department is meeting the 
     needs of small farms and of beginning farmers and ranchers;
       ``(4) establish cross-cutting and strategic departmental 
     goals and objectives for small farms and beginning farmers 
     and ranchers and for each associated program;
       ``(5) provide input to agencies and offices of the 
     Department on program and policy decisions to ensure that the 
     interests of small farms and of beginning farmers and 
     ranchers are represented;
       ``(6) measure outcomes of all small farm programs and 
     beginning farmer and rancher programs and track progress made 
     in achieving the goals of the programs;
       ``(7) supervise data collection by agencies and offices of 
     the Department regarding characteristics of small farms and 
     beginning farmers and ranchers to ensure that the goals and 
     objectives, and measures carried out to achieve those goals 
     and objectives, can be measured and evaluated; and
       ``(8) carry out any other related duties that the Secretary 
     determines to be appropriate.
       ``(e) Outreach.--The Office shall establish and maintain an 
     Internet website--
       ``(1) to share information with interested producers; and
       ``(2) to collect and respond to comments from small and 
     beginning farmers and ranchers, including comments of the 
     Small and Beginning Farmers and Ranchers Council.
       ``(f) Resources.--Using funds made available to the 
     Secretary in appropriations Acts, the Secretary shall provide 
     to the Office such human and capital resources as are 
     sufficient to allow the Office to carry out the duties of the 
     Office under this section in a timely and efficient manner.
       ``(g) Annual Report.--The Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate annual reports that describe actions taken by the 
     Office during the preceding calendar year to advance the 
     interests of small farms and beginning farmers and 
     ranchers.''.
       (b) Conforming Amendment.--Section 296(b) of the Department 
     of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) 
     is amended--
       (1) in paragraph (6) (as added by section 7401(c)(1)), by 
     striking ``or'' at the end;
       (2) in paragraph (7) (as added by section 11059(b)), by 
     striking the period at the end and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(8) the authority of the Secretary to establish in the 
     Department the Office of Small Farms and Beginning Farmers 
     and Ranchers in accordance with section 226C.''.
       On page 1362, between lines 19 and 20, insert the 
     following:

     SEC. 110__. STUDY OF IMPACTS OF LOCAL FOOD SYSTEMS AND 
                   COMMERCE.

       (a) Study.--The Secretary shall conduct a study on the 
     impacts of local food systems and commerce that shall, at a 
     minimum--
       (1) develop a working definition of local food systems and 
     commerce; and
       (2) identify indicators, and include an assessment of--
       (A) the market share of local food systems and commerce 
     throughout the United States and by region;
       (B) the potential community, economic, health and 
     nutrition, environmental, food safety, and food security 
     impacts of advancing local food systems and commerce;
       (C) the potential energy, transportation, water resource, 
     and climate change impacts of local food systems and 
     commerce;
       (D) the structure of agricultural considerations and 
     impacts throughout the United States and by region;
       (E) the interest of agricultural producers in diversifying 
     to access local markets and the barriers and opportunities 
     confronted by agricultural producers in the process of 
     diversification;
       (F) the current availability and present and future need of 
     independent processing plants that cater to local food 
     commerce, including difficulty in meeting regulatory 
     requirements;
       (G) the key gaps in food processing, distribution, 
     marketing, and economic development, including regional 
     differences in infrastructure gaps and other barriers;
       (H) the role of public and private institutions and 
     institutional and governmental buying systems and procurement 
     policies in purchasing products through local food systems;

[[Page 34523]]

       (I) the benefits and challenges for children and families 
     in the most vulnerable rural and urban sectors of the United 
     States; and
       (J) the challenges that prevent local foods from comprising 
     a larger share of the per capita food consumption in the 
     United States, and existing and potential strategies, 
     policies, and programs to address those challenges.
       (b) Collaboration.--
       (1) In general.--The Secretary shall appoint a 
     collaborative study team to oversee and conduct the research 
     necessary to conduct the study described in subsection (a) 
     and the case studies described in subsection (c).
       (2) Membership.--The study team shall include 
     representatives of--
       (A) the Economic Research Service, Agricultural Marketing 
     Service, and other appropriate agencies of the Department of 
     Agriculture or other Federal agencies;
       (B) the Environmental Protection Agency;
       (C) institutions of higher education, including at least 1 
     institution of higher education representative from each of 
     the regions studied;
       (D) small farmers;
       (E) nongovernmental organizations with appropriate 
     expertise; and
       (F) State and local governments.
       (c) Case Studies.--
       (1) In general.--The study team appointed by the Secretary 
     under subsection (b) shall carry out case studies in 
     representative production and marketing regions in the United 
     States to address the issues being studied under subsection 
     (a).
       (2) Requirements.--In carrying out case studies, the study 
     team shall--
       (A) identify opportunities for primary research; and
       (B) to the maximum extent practicable, use existing 
     surveys, data, and research.
       (3) Components.--Each case study shall--
       (A) identify and, to the maximum extent practicable, 
     evaluate the success of relevant Federal, State, and local 
     policies that are intended to induce local food purchasing 
     and commerce;
       (B) examine the agricultural structure in each region to 
     account for the impact of farm size and type of production on 
     local economies and barriers to accessing local markets;
       (C) determine regional market trends and the share of the 
     market supplied by current agricultural producers in the 
     region; and
       (D) assess the potential for local food system value chains 
     and supply networks and map the supply chain factors in each 
     region involved in agricultural production, processing, and 
     distribution of locally grown produce, meat, dairy, and other 
     products.
       (d) Reports.--Not later than 2 years after the date of 
     enactment of this Act, and thereafter as the Secretary 
     considers appropriate, 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--
       (1) describes the results of the study conducted under 
     subsection (a) and the case studies under subsection (c); and
       (2) includes such recommendations for legislative action as 
     the Secretary considers appropriate.
       On page 1362, between lines 19 and 20, insert the 
     following:

     SEC. 11072. INVASIVE SPECIES REVOLVING LOAN FUND.

       (a) Definitions.--In this section:
       (1) Authorized equipment.--
       (A) In general.--The term ``authorized equipment'' means 
     any equipment necessary for the management of forest land.
       (B) Inclusions.--The term ``authorized 
     equipment''includes--
       (i) cherry pickers;
       (ii) equipment necessary for--

       (I) the construction of staging and marshalling areas;
       (II) the planting of trees; and
       (III) the surveying of forest land;

       (iii) vehicles capable of transporting harvested trees;
       (iv) wood chippers; and
       (v) any other appropriate equipment, as determined by the 
     Secretary.
       (2) Fund.--The term ``Fund'' means the Invasive Species 
     Revolving Loan Fund established by subsection (b).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Deputy Chief of the State 
     and Private Forestry organization.
       (b) Establishment of Fund.--There is established in the 
     Treasury of the United States a revolving fund, to be known 
     as the ``Invasive Species Revolving Loan Fund'', consisting 
     of such amounts as are appropriated to the Fund under 
     subsection (f).
       (c) Expenditures From Fund.--
       (1) In general.--Subject to paragraph (2), on request by 
     the Secretary, the Secretary of the Treasury shall transfer 
     from the Fund to the Secretary such amounts as the Secretary 
     determines are necessary to provide loans under subsection 
     (e).
       (2) Administrative expenses.--An amount not exceeding 10 
     percent of the amounts in the Fund shall be available for 
     each fiscal year to pay the administrative expenses necessary 
     to carry out this section.
       (d) Transfers of Amounts.--
       (1) In general.--The amounts required to be transferred to 
     the Fund under this section shall be transferred at least 
     monthly from the general fund of the Treasury to the Fund on 
     the basis of estimates made by the Secretary of the Treasury.
       (2) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       (e) Uses of Fund.--
       (1) Loans.--
       (A) In general.--The Secretary shall use amounts in the 
     Fund to provide loans to eligible units of local government 
     to finance purchases of authorized equipment to monitor, 
     remove, dispose of, and replace infested trees that are 
     located--
       (i) on land under the jurisdiction of the eligible units of 
     local government; and
       (ii) within the borders of quarantine areas infested by 
     invasive species.
       (B) Maximum amount.--The maximum amount of a loan that may 
     be provided by the Secretary to an eligible unit of local 
     government under this subsection shall be the lesser of--
       (i) the amount that the eligible unit of local government 
     has appropriated--

       (I) to finance purchases of authorized equipment to 
     monitor, remove, dispose of, and replace infested trees that 
     are located--

       (aa) on land under the jurisdiction of the eligible unit of 
     local government; and
       (bb) within the borders of a quarantine area infested by 
     invasive species; and

       (II) to enter into contracts with appropriate individuals 
     and entities to monitor, remove, dispose of, and replace 
     infested trees that are located in each area described in 
     subclause (I); or

       (ii) $5,000,000.
       (C) Interest rate.--The interest rate on any loan made by 
     the Secretary under this paragraph shall be a rate equal to 2 
     percent.
       (D) Report.--Not later than 180 days after the date on 
     which an eligible unit of local government receives a loan 
     provided by the Secretary under subparagraph (A), the 
     eligible unit of local government shall submit to the 
     Secretary a report that describes each purchase made by the 
     eligible unit of local government using assistance provided 
     through the loan.
       (2) Loan repayment schedule.--
       (A) In general.--To be eligible to receive a loan from the 
     Secretary under paragraph (1), in accordance with each 
     requirement described in subparagraph (B), an eligible unit 
     of local government shall enter into an agreement with the 
     Secretary to establish a loan repayment schedule relating to 
     the repayment of the loan.
       (B) Requirements relating to loan repayment schedule.--A 
     loan repayment schedule established under subparagraph (A) 
     shall require the eligible unit of local government--
       (i) to repay to the Secretary of the Treasury, not later 
     than 1 year after the date on which the eligible unit of 
     local government receives a loan under paragraph (1), and 
     semiannually thereafter, an amount equal to the quotient 
     obtained by dividing--

       (I) the principal amount of the loan (including interest); 
     by
       (II) the total quantity of payments that the eligible unit 
     of local government is required to make during the repayment 
     period of the loan; and

       (ii) not later than 20 years after the date on which the 
     eligible unit of local government receives a loan under 
     paragraph (1), to complete repayment to the Secretary of the 
     Treasury of the loan made under this section (including 
     interest).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Fund such sums as are necessary to 
     carry out this section.

     SEC. 11073. COOPERATIVE AGREEMENTS RELATING TO INVASIVE 
                   SPECIES PREVENTION ACTIVITIES.

       Any cooperative agreement entered into after the date of 
     enactment of this Act between the Secretary and a State 
     relating to the prevention of invasive species infestation 
     shall allow the State to provide any cost-sharing assistance 
     or financing mechanism provided to the State under the 
     cooperative agreement to a unit of local government of the 
     State that--
       (1) is engaged in any activity relating to the prevention 
     of invasive species infestation; and
       (2) is capable of documenting each invasive species 
     infestation prevention activity generally carried out by--
       (A) the Department of Agriculture; or
       (B) the State department of agriculture that has 
     jurisdiction over the unit of local government.
       At the end of title VIII, insert the following:

     SEC. 8___. SALE AND EXCHANGE OF NATIONAL FOREST SYSTEM LAND, 
                   VERMONT.

       (a) Definitions.--In this section:
       (1) Bromley.--The term ``Bromley'' means Bromley Mountain 
     Ski Resort, Inc.
       (2) Map.--The term ``map'' means the map entitled 
     ``Proposed Bromley Land Sale or Exchange'' and dated April 7, 
     2004.
       (3) State.--The term ``State'' means the State of Vermont.
       (b) Sale or Exchange of Green Mountain National Forest 
     Land.--

[[Page 34524]]

       (1) In general.--The Secretary may, under any terms and 
     conditions that the Secretary may prescribe, sell or exchange 
     any right, title, and interest of the United States in and to 
     the parcels of National Forest System land described in 
     paragraph (2).
       (2) Description of land.--The parcels of National Forest 
     System land referred to in paragraph (1) are the 5 parcels of 
     land in Bennington County in the State, as generally depicted 
     on the map.
       (3) Map and legal descriptions.--
       (A) In general.--The map shall be on file and available for 
     public inspection in--
       (i) the office of the Chief of the Forest Service; and
       (ii) the office of the Supervisor of the Green Mountain 
     National Forest.
       (B) Modifications.--The Secretary may modify the map and 
     legal descriptions to--
       (i) correct technical errors; or
       (ii) facilitate the conveyance under paragraph (1).
       (4) Consideration.--Consideration for the sale or exchange 
     of land described in paragraph (2)--
       (A) shall be equal to an amount that is not less than the 
     fair market value of the land sold or exchanged; and
       (B) may be in the form of cash, land, or a combination of 
     cash and land.
       (5) Appraisals.--Any appraisal carried out to facilitate 
     the sale or exchange of land under paragraph (1) shall 
     conform with the Uniform Appraisal Standards for Federal Land 
     Acquisitions.
       (6) Methods of sale.--
       (A) Conveyance to bromley.--
       (i) In general.--Before soliciting offers under 
     subparagraph (B), the Secretary shall offer to convey to 
     Bromley the land described in paragraph (2).
       (ii) Contract deadline.--If Bromley accepts the offer under 
     clause (i), the Secretary and Bromley shall have not more 
     than 180 days after the date on which any environmental 
     analyses with respect to the land are completed to enter into 
     a contract for the sale or exchange of the land.
       (B) Public or private sale.--If the Secretary and Bromley 
     do not enter into a contract for the sale or exchange of the 
     land by the date specified in subparagraph (A)(ii), the 
     Secretary may sell or exchange the land at public or private 
     sale (including auction), in accordance with such terms, 
     conditions, and procedures as the Secretary determines to be 
     in the public interest.
       (C) Rejection of offers.--The Secretary may reject any 
     offer received under this paragraph if the Secretary 
     determines that the offer is not adequate or is not in the 
     public interest.
       (D) Brokers.--In any sale or exchange of land under this 
     subsection, the Secretary may--
       (i) use a real estate broker or other third party; and
       (ii) pay the real estate broker or third party a commission 
     in an amount comparable to the amounts of commission 
     generally paid for real estate transactions in the area.
       (7) Cash equalization.--Notwithstanding section 206(b) of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716(b)), the Secretary may accept a cash equalization 
     payment in excess of 25 percent of the value of any Federal 
     land exchanged under this section.
       (c) Disposition of Proceeds.--
       (1) In general.--The Secretary shall deposit the net 
     proceeds from a sale or exchange under this section in the 
     fund established under Public Law 90-171 (16 U.S.C. 484a) 
     (commonly known as the ``Sisk Act'').
       (2) Use.--Amounts deposited under paragraph (1) shall be 
     available to the Secretary until expended, without further 
     appropriation, for--
       (A) the location and relocation of the Appalachian National 
     Scenic Trail and the Long National Recreation Trail in the 
     State;
       (B) the acquisition of land and interests in land by the 
     Secretary for National Forest System purposes within the 
     boundary of the Green Mountain National Forest, including 
     land for and adjacent to the Appalachian National Scenic 
     Trail and the Long National Recreation Trail;
       (C) the acquisition of wetland or an interest in wetland 
     within the boundary of the Green Mountain National Forest to 
     offset the loss of wetland from the parcels sold or 
     exchanged; and
       (D) the payment of direct administrative costs incurred in 
     carrying out this section.
       (3) Limitation.--Amounts deposited under paragraph (1) 
     shall not--
       (A) be paid or distributed to the State or counties or 
     towns in the State under any provision of law; or
       (B) be considered to be money received from units of the 
     National Forest System for purposes of--
       (i) the Act of May 23, 1908 (16 U.S.C. 500); or
       (ii) the Act of March 4, 1913 (16 U.S.C. 501).
       (4) Prohibition of transfer or reprogramming.--Amounts 
     deposited under paragraph (1) shall not be subject to 
     transfer or reprogramming for wildfire management or any 
     other emergency purposes.
       (d) Acquisition of Land.--The Secretary may acquire, using 
     funds made available under subsection (c) or otherwise made 
     available for acquisition, land or an interest in land for 
     National Forest System purposes within the boundary of the 
     Green Mountain National Forest.
       (e) Exemption From Certain Laws.--Subtitle I of title 40, 
     United States Code, shall not apply to any sale or exchange 
     of National Forest System land under this section.
       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, 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.
       On page 966, between lines 13 and 14, insert the following:

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

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

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

       ``(a) Definition of Eligible School of Veterinary 
     Medicine.--In this section, the term `eligible school of 
     veterinary medicine' means a school of veterinary medicine 
     that is--
       ``(1) a public or other nonprofit entity; and
       ``(2) accredited by an entity that is approved for such 
     purpose by the Department of Education.
       ``(b) Grant Program.--The Secretary shall make grants to 
     eligible schools of veterinary medicine to assist the 
     eligible schools of veterinary medicine in supporting centers 
     of emphasis in food systems veterinary medicine.

[[Page 34525]]

       ``(c) Application Process.--
       ``(1) Application requirement.--To be eligible to receive a 
     grant from the Secretary under subsection (b), an eligible 
     school of veterinary medicine shall submit to the Secretary 
     an application at such time, in such manner, and containing 
     such information as the Secretary may require.
       ``(2) Consideration of applications.--The Secretary shall 
     establish procedures to ensure that--
       ``(A) each application submitted under paragraph (1) is 
     rigorously reviewed; and
       ``(B) grants are competitively awarded based on--
       ``(i) the ability of the eligible school of veterinary 
     medicine to provide a comprehensive educational experience 
     for students with particular emphasis on the species of food 
     animal for which the eligible school of veterinary medicine 
     is applying that is used for food production (including food 
     animal veterinary medicine, food supply bioterrorism 
     prevention and surveillance, food-safety, and the improvement 
     of the quality of the environment);
       ``(ii) the ability of the eligible school of veterinary 
     medicine to increase capacity with respect to research on the 
     species of food animal for which the eligible school of 
     veterinary medicine is applying that is used for food 
     production; and
       ``(iii) any other consideration that the Secretary 
     determines to be appropriate.
       ``(3) Preference for consortium.--In making grants under 
     subsection (b), the Secretary shall give preference to 
     eligible schools of veterinary medicine that participate in 
     interinstitutional agreements that--
       ``(A) cover issues relating to residency, tuition, or fees; 
     and
       ``(B) consist of more than 1 other--
       ``(i) school of veterinary medicine;
       ``(ii) school of public health;
       ``(iii) school of agriculture; or
       ``(iv) appropriate entity that carries out education and 
     research activities with respect to food production systems, 
     as determined by the Secretary.
       ``(d) Required Use of Funds.--The Secretary may not make a 
     grant to an eligible school of veterinary medicine under 
     subsection (b) unless the eligible school of veterinary 
     medicine agrees to use the grant funds--
       ``(1) to develop a competitive student applicant pool 
     through linkages with other appropriate schools of veterinary 
     medicine, as determined by the Secretary;
       ``(2) to improve the capacity of the eligible school of 
     veterinary medicine--
       ``(A) to train, recruit, and retain faculty;
       ``(B) to pay such stipends and fellowships as the Secretary 
     determines to be appropriate in areas of research relating 
     to--
       ``(i) food animal medicine; and
       ``(ii) food-safety and defense; and
       ``(C) to enhance the quality of the environment;
       ``(3) to carry out activities to improve the information 
     resources, curriculum, and clinical education of students of 
     the eligible school of veterinary medicine with respect to--
       ``(A) food animal veterinary medicine; and
       ``(B) food-safety;
       ``(4) to facilitate faculty and student research on health 
     issues that--
       ``(A) affect--
       ``(i) food-producing animals; and
       ``(ii) food-safety; and
       ``(B) enhance the environment;
       ``(5) to provide stipends for students to offset costs 
     relating to travel, tuition, and other expenses associated 
     with attending the eligible school of veterinary medicine; 
     and
       ``(6) for any other purpose that the Secretary determines 
     to be appropriate.
       ``(e) Period of Grants.--
       ``(1) In general.--Subject to paragraph (2), an eligible 
     school of veterinary medicine that receives funds through a 
     grant under subsection (b) shall receive funds under the 
     grant for not more than 5 years after the date on which the 
     grant was first provided.
       ``(2) Conditions relating to grant funds.--Funds provided 
     to an eligible school of veterinary medicine through a grant 
     under subsection (b) shall be subject to--
       ``(A) the annual approval of the Secretary; and
       ``(B) the availability of appropriations.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section for each of fiscal years 2008 through 
     2012.''.
       On page 1362, between lines 19 and 20, insert the 
     following:

     SEC. 11072. SOUTHWEST REGIONAL DAIRY, ENVIRONMENT, AND 
                   PRIVATE LAND PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible institution of higher education.--The term 
     ``eligible institution of higher education'' means an 
     institution of higher education that--
       (A) is located in--
       (i) the State of Arizona;
       (ii) the State of Colorado;
       (iii) the State of New Mexico;
       (iv) the State of Oklahoma; and
       (v) the State of Texas;
       (B) has facilities that are necessary for the facilitation 
     of research on issues relating to the dairy industry in a 
     practical setting;
       (C) has a dairy research program and an institution for 
     applied environmental research;
       (D) has a university laboratory that is--
       (i) located on the campus of the institution of higher 
     education; and
       (ii) accredited by the National Environmental Laboratory 
     Accreditation Council to ensure the quality of any proposed 
     research activities;
       (E) has the capability to enter into a partnership with 
     representatives of the dairy industry and other public and 
     private entities and institutions of higher education;
       (F) has experience in conducting watershed modeling 
     (including the conduct of cost-benefit analyses, policy 
     applications, and long-term watershed monitoring); and
       (G) works with--
       (i) producer-run advocacy groups (including Industry-Led 
     Solutions); and
       (ii) private land coalitions.
       (2) Program.--The term ``program'' means the Southwest 
     regional dairy, environment, and private land 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 
     Southwest regional dairy, environment, and private land 
     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, growth, and 
     expansion of the dairy industry in the Southwest region of 
     the United States;
       (B) research, develop, and implement programs--
       (i) to recover energy and other useful products from dairy 
     waste;
       (ii) to identify best management practices; and
       (iii) to assist the dairy industry in ensuring that animal 
     waste emissions and discharges of the dairy industry are 
     maintained at levels below applicable regulatory standards;
       (C) offer technical assistance (including research 
     activities conducted by a university laboratory that is 
     accredited by the National Environmental Laboratory 
     Accreditation Council), training, applied research, and 
     watershed water quality programs monitoring to applicable 
     entities;
       (D) develop--
       (i) watershed modeling through the development of 
     innovative modeling tools and data mining to develop cost-
     efficient and environmentally effective programs in the dairy 
     industry; and
       (ii) an international modeling application clearinghouse to 
     coordinate watershed modeling tools in the United States and 
     in other countries, to be carried out by the Secretary; and
       (E) collaborate with a private land coalition to use input 
     gathered from landowners in the United States through a 
     program of industry led solutions 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 
     institutions of higher education.
       (2) Application.--
       (A) Submission of application.--To enter into a contract 
     with the Secretary under paragraph (1), an eligible 
     institution of higher education 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 
     guidelines describing each requirement of the Secretary with 
     respect to the application requirements described in 
     subparagraph (A).
       (d) 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.
       On page 1361, on line 2, strike ``, un-'' and all that 
     follows through line 5, ``counties''.
       On line 16, strike, ``November 1, 2007,'' and insert, 
     ``date of enactment''.
       On page 1362, between lines 19 and 20, insert the 
     following:

     SEC. 1107_. ENFORCEMENT OF UNITED STATES-CANADA SOFTWOOD 
                   LUMBER AGREEMENT.

       (a) Findings.--The Senate finds that--
       (1) the Federal Government has repeatedly found that 
     Canadian softwood lumber shipped to the United States is 
     unfairly subsidized and dumped into the United States market 
     and materially injures softwood lumber producers in the 
     United States;
       (2) in September 2006, the United States and Canada entered 
     into the United States-Canada Softwood Lumber Agreement 
     (referred to in this section as the ``Agreement'') to address 
     Canada's unfair lumber trade practices;
       (3) the Agreement obligates Canada to apply export taxes 
     and quotas to Canadian softwood lumber exports to the United

[[Page 34526]]

     States and to forego new subsidies to Canadian lumber 
     producers;
       (4) Canada has consistently violated the Agreement, 
     including by failing to apply export taxes and quotas as 
     required by the Agreement and by providing new subsidies to 
     Canadian lumber companies;
       (5) Canadian violations of the Agreement are contributing 
     to market conditions that are resulting in significant job 
     losses in the United States lumber mills;
       (6) the United States is challenging some of the Canadian 
     violations of the Agreement through arbitral proceedings;
       (7) as of the date of enactment of this Act, Federal 
     enforcement of the Agreement has not resulted in progress to 
     date; and
       (8) Federal executive agencies have been considering 
     proposals to enforce the Agreement.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the President should take all actions necessary to 
     ensure that imports of Canadian softwood lumber are 
     consistent with the provisions of the United States-Canada 
     Softwood Lumber Agreement.
                                 ______
                                 
  SA 3856. Ms. STABENOW (for Mr. Baucus (for himself, Mr. Grassley, Ms. 
Stabenow, Mr. Kerry, Mr. Gregg, Mr. Voinovich, Mrs. Lincoln, Mr. 
Allard, Mr. Sununu, Mr. Coleman, Mr. Specter, Mrs. Dole, Ms. Collins, 
Mr. Nelson of Florida, Mr. Bayh, Ms. Snowe, Mr. Lieberman, Ms. 
Cantwell, and Mr. Schumer)) proposed an amendment to the bill H.R. 
3648, to amend the Internal Revenue Code of 1986 to exclude discharges 
of indebtedness on principal residences from gross income, and for 
other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mortgage Forgiveness Debt 
     Relief Act of 2007''.

     SEC. 2. DISCHARGES OF INDEBTEDNESS ON PRINCIPAL RESIDENCE 
                   EXCLUDED FROM GROSS INCOME.

       (a) In General.--Paragraph (1) of section 108(a) of the 
     Internal Revenue Code of 1986 is amended by striking ``or'' 
     at the end of subparagraph (C), by striking the period at the 
     end of subparagraph (D) and inserting ``, or'', and by 
     inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) the indebtedness discharged is qualified principal 
     residence indebtedness which is discharged before January 1, 
     2010.''.
       (b) Special Rules Relating to Qualified Principal Residence 
     Indebtedness.--Section 108 of such Code is amended by adding 
     at the end the following new subsection:
       ``(h) Special Rules Relating to Qualified Principal 
     Residence Indebtedness.--
       ``(1) Basis reduction.--The amount excluded from gross 
     income by reason of subsection (a)(1)(E) shall be applied to 
     reduce (but not below zero) the basis of the principal 
     residence of the taxpayer.
       ``(2) Qualified principal residence indebtedness.--For 
     purposes of this section, the term `qualified principal 
     residence indebtedness' means acquisition indebtedness 
     (within the meaning of section 163(h)(3)(B), applied by 
     substituting `$2,000,000 ($1,000,000' for `$1,000,000 
     ($500,000' in clause (ii) thereof) with respect to the 
     principal residence of the taxpayer.
       ``(3) Exception for certain discharges not related to 
     taxpayer's financial condition.--Subsection (a)(1)(E) shall 
     not apply to the discharge of a loan if the discharge is on 
     account of services performed for the lender or any other 
     factor not directly related to a decline in the value of the 
     residence or to the financial condition of the taxpayer.
       ``(4) Ordering rule.--If any loan is discharged, in whole 
     or in part, and only a portion of such loan is qualified 
     principal residence indebtedness, subsection (a)(1)(E) shall 
     apply only to so much of the amount discharged as exceeds the 
     amount of the loan (as determined immediately before such 
     discharge) which is not qualified principal residence 
     indebtedness.
       ``(5) Principal residence.--For purposes of this 
     subsection, the term `principal residence' has the same 
     meaning as when used in section 121.''.
       (c) Coordination.--
       (1) Subparagraph (A) of section 108(a)(2) of such Code is 
     amended by striking ``and (D)'' and inserting ``(D), and 
     (E)''.
       (2) Paragraph (2) of section 108(a) of such Code is amended 
     by adding at the end the following new subparagraph:
       ``(C) Principal residence exclusion takes precedence over 
     insolvency exclusion unless elected otherwise.--Paragraph 
     (1)(B) shall not apply to a discharge to which paragraph 
     (1)(E) applies unless the taxpayer elects to apply paragraph 
     (1)(B) in lieu of paragraph (1)(E).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to discharges of indebtedness on or after January 
     1, 2007.

     SEC. 3. EXTENSION OF TREATMENT OF MORTGAGE INSURANCE PREMIUMS 
                   AS INTEREST.

       (a) In General.--Subclause (I) of section 163(h)(3)(E)(iv) 
     of the Internal Revenue Code of 1986 (relating to 
     termination) is amended by striking ``December 31, 2007'' and 
     inserting ``December 31, 2010''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or accrued after December 31, 
     2007.

     SEC. 4. ALTERNATIVE TESTS FOR QUALIFYING AS COOPERATIVE 
                   HOUSING CORPORATION.

       (a) In General.--Subparagraph (D) of section 216(b)(1) of 
     the Internal Revenue Code of 1986 (defining cooperative 
     housing corporation) is amended to read as follows:
       ``(D) meeting 1 or more of the following requirements for 
     the taxable year in which the taxes and interest described in 
     subsection (a) are paid or incurred:
       ``(i) 80 percent or more of the corporation's gross income 
     for such taxable year is derived from tenant-stockholders.
       ``(ii) At all times during such taxable year, 80 percent or 
     more of the total square footage of the corporation's 
     property is used or available for use by the tenant-
     stockholders for residential purposes or purposes ancillary 
     to such residential use.
       ``(iii) 90 percent or more of the expenditures of the 
     corporation paid or incurred during such taxable year are 
     paid or incurred for the acquisition, construction, 
     management, maintenance, or care of the corporation's 
     property for the benefit of the tenant-stockholders.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. 5. EXCLUSION FROM INCOME FOR BENEFITS PROVIDED TO 
                   VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL 
                   RESPONDERS.

       (a) In General.--Part III of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to items 
     specifically excluded from gross income) is amended by 
     inserting after section 139A the following new section:

     ``SEC. 139B. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND 
                   EMERGENCY MEDICAL RESPONDERS.

       ``(a) In General.--In the case of any member of a qualified 
     volunteer emergency response organization, gross income shall 
     not include--
       ``(1) any qualified State and local tax benefit, and
       ``(2) any qualified payment.
       ``(b) Denial of Double Benefits.--In the case of any member 
     of a qualified volunteer emergency response organization--
       ``(1) the deduction under 164 shall be determined with 
     regard to any qualified State and local tax benefit, and
       ``(2) expenses paid or incurred by the taxpayer in 
     connection with the performance of services as such a member 
     shall be taken into account under section 170 only to the 
     extent such expenses exceed the amount of any qualified 
     payment excluded from gross income under subsection (a).
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified state and local tax benefit.--The term 
     `qualified state and local tax benefit' means any reduction 
     or rebate of a tax described in paragraph (1), (2), or (3) of 
     section 164(a) provided by a State or political division 
     thereof on account of services performed as a member of a 
     qualified volunteer emergency response organization.
       ``(2) Qualified payment.--
       ``(A) In general.--The term `qualified payment' means any 
     payment (whether reimbursement or otherwise) provided by a 
     State or political division thereof on account of the 
     performance of services as a member of a qualified volunteer 
     emergency response organization.
       ``(B) Applicable dollar limitation.--The amount determined 
     under subparagraph (A) for any taxable year shall not exceed 
     $30 multiplied by the number of months during such year that 
     the taxpayer performs such services.
       ``(3) Qualified volunteer emergency response 
     organization.--The term `qualified volunteer emergency 
     response organization' means any volunteer organization--
       ``(A) which is organized and operated to provide 
     firefighting or emergency medical services for persons in the 
     State or political subdivision, as the case may be, and
       ``(B) which is required (by written agreement) by the State 
     or political subdivision to furnish firefighting or emergency 
     medical services in such State or political subdivision.
       ``(d) Termination.--This section shall not apply with 
     respect to taxable years beginning after December 31, 
     2010.''.
       (b) Clerical Amendment.--The table of sections for such 
     part is amended by inserting after the item relating to 
     section 139A the following new item:

``Sec. 139B. Benefits provided to volunteer firefighters and emergency 
              medical responders.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 6. CLARIFICATION OF STUDENT HOUSING ELIGIBLE FOR LOW-
                   INCOME HOUSING CREDIT.

       (a) In General.--Subclause (I) of section 42(i)(3)(D)(ii) 
     of the Internal Revenue Code of 1986 (relating to certain 
     students not to disqualify unit) is amended to read as 
     follows:

       ``(I) single parents and their children and such parents 
     are not dependents (as defined

[[Page 34527]]

     in section 152, determined without regard to subsections 
     (b)(1), (b)(2), and (d)(1)(B) thereof) of another individual 
     and such children are not dependents (as so defined) of 
     another individual other than a parent of such children, 
     or.''

       (b) Effective Date.--The amendment made by this section 
     shall apply to--
       (1) housing credit amounts allocated before, on, or after 
     the date of the enactment of this Act, and
       (2) buildings placed in service before, on, or after such 
     date to the extent paragraph (1) of section 42(h) of the 
     Internal Revenue Code of 1986 does not apply to any building 
     by reason of paragraph (4) thereof.

     SEC. 7. APPLICATION OF JOINT RETURN LIMITATION FOR CAPITAL 
                   GAINS EXCLUSION TO CERTAIN POST-MARRIAGE SALES 
                   OF PRINCIPAL RESIDENCES BY SURVIVING SPOUSES.

       (a) Sale Within 2 Years of Spouse's Death.--Section 121(b) 
     of the Internal Revenue Code of 1986 (relating to 
     limitations) is amended by adding at the end the following 
     new paragraph:
       ``(4) Special rule for certain sales by surviving 
     spouses.--In the case of a sale or exchange of property by an 
     unmarried individual whose spouse is deceased on the date of 
     such sale, paragraph (1) shall be applied by substituting 
     `$500,000' for `$250,000' if such sale occurs not later than 
     2 years after the date of death of such spouse and the 
     requirements of paragraph (2)(A) were met immediately before 
     such date of death.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to sales or exchanges after December 31, 2007.

     SEC. 8. MODIFICATION OF PENALTY FOR FAILURE TO FILE 
                   PARTNERSHIP RETURNS; LIMITATION ON DISCLOSURE.

       (a) Extension of Time Limitation.--Section 6698(a) of the 
     Internal Revenue Code of 1986 (relating to failure to file 
     partnership returns) is amended by striking ``5 months'' and 
     inserting ``12 months''.
       (b) Increase in Penalty Amount.--Paragraph (1) of section 
     6698(b) of such Code is amended by striking ``$50'' and 
     inserting ``$85''.
       (c) Limitation on Disclosure of Taxpayer Returns to 
     Partners, S Corporation Shareholders, Trust Beneficiaries, 
     and Estate Beneficiaries.--
       (1) In general.--Section 6103(e) of such Code (relating to 
     disclosure to persons having material interest) is amended by 
     adding at the end the following new paragraph:
       ``(10) Limitation on certain disclosures under this 
     subsection.--In the case of an inspection or disclosure under 
     this subsection relating to the return of a partnership, S 
     corporation, trust, or an estate, the information inspected 
     or disclosed shall not include any supporting schedule, 
     attachment, or list which includes the taxpayer identity 
     information of a person other than the entity making the 
     return or the person conducting the inspection or to whom the 
     disclosure is made.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect on the date of the enactment of this Act.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to returns required to be filed after the 
     date of the enactment of this Act.

     SEC. 9. PENALTY FOR FAILURE TO FILE S CORPORATION RETURNS.

       (a) In General.--Part I of subchapter B of chapter 68 of 
     the Internal Revenue Code of 1986 (relating to assessable 
     penalties) is amended by adding at the end the following new 
     section:

     ``SEC. 6699. FAILURE TO FILE S CORPORATION RETURN.

       ``(a) General Rule.--In addition to the penalty imposed by 
     section 7203 (relating to willful failure to file return, 
     supply information, or pay tax), if any S corporation 
     required to file a return under section 6037 for any taxable 
     year--
       ``(1) fails to file such return at the time prescribed 
     therefor (determined with regard to any extension of time for 
     filing), or
       ``(2) files a return which fails to show the information 
     required under section 6037,

     such S corporation shall be liable for a penalty determined 
     under subsection (b) for each month (or fraction thereof) 
     during which such failure continues (but not to exceed 12 
     months), unless it is shown that such failure is due to 
     reasonable cause.
       ``(b) Amount Per Month.--For purposes of subsection (a), 
     the amount determined under this subsection for any month is 
     the product of--
       ``(1) $85, multiplied by
       ``(2) the number of persons who were shareholders in the S 
     corporation during any part of the taxable year.
       ``(c) Assessment of Penalty.--The penalty imposed by 
     subsection (a) shall be assessed against the S corporation.
       ``(d) Deficiency Procedures Not to Apply.--Subchapter B of 
     chapter 63 (relating to deficiency procedures for income, 
     estate, gift, and certain excise taxes) shall not apply in 
     respect of the assessment or collection of any penalty 
     imposed by subsection (a).''.
       (b) Clerical Amendment.--The table of sections for part I 
     of subchapter B of chapter 68 of such Code is amended by 
     adding at the end the following new item:

``Sec. 6699. Failure to file S corporation return.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to returns required to be filed after the date of 
     the enactment of this Act.

     SEC. 10. MODIFICATION OF REQUIRED INSTALLMENT OF CORPORATE 
                   ESTIMATED TAXES WITH RESPECT TO CERTAIN DATES.

       The percentage under subparagraph (B) of section 401(1) of 
     the Tax Increase Prevention and Reconciliation Act of 2005 in 
     effect on the date of the enactment of this Act is increased 
     by 1.50 percentage points.

                          ____________________