[House Report 110-261]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-261
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2419) TO PROVIDE FOR THE
CONTINUATION OF AGRICULTURAL PROGRAMS THROUGH FISCAL YEAR 2012, AND FOR
OTHER PURPOSES
_______
July 26, 2007 (Legislative Day of July 25, 2007).--Referred to the
House Calendar and ordered to be printed
_______
Mr. Cardoza, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 574]
The Committee on Rules, having had under consideration
House Resolution 574, by a vote of 9-4, report the same to the
House with the recommendation that the resolution be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2419, the
Farm, Nutrition, and Bioenergy Act of 2007, under a structured
rule. The rule provides one hour of general debate equally
divided and controlled by the chairman and ranking minority
member of the Committee on Agriculture. The rule waives all
points of order against consideration of the bill except
clauses 9 and 10 of rule XXI. The rule provides that the
amendment in the nature of a substitute recommended by the
Committee on Agriculture now printed in the bill, modified by
the amendments printed in Part A of the Rules Committee report,
shall be considered as adopted in the House and in the
Committee of the Whole. The bill as amended shall be considered
as an original bill for the purpose of amendment and shall be
considered as read. All points of order against provisions in
the bill, as amended, are waived.
The rule makes in order only those further amendments
printed in part B of this report and amendments en bloc
described in section 3 of the resolution. The amendments made
in order may be offered only in the order printed in this
report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for a division
of the question in the House or in the Committee of the Whole.
Section 3 of the rule allows the Chairman of the Committee on
Agriculture to offer amendments en bloc consisting of
amendments printed in part B of this report not earlier
disposed of or to offer germane modifications to such. All
points of order against the amendments except for clauses 9 and
10 of rule XXI are waived. The rule provides one motion to
recommit with or without instructions. Finally, the rule
provides that the Chair may postpone further consideration of
the bill to a time designated by the Speaker.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except for clauses 9 and 10 of rule XXI) includes the
following: a waiver of rule XIII, clause 4(a), requiring a
three-day layover of the committee report; a waiver of rule
XIII, clause 3(e), requiring the inclusion of a comparative
print of any part of the bill or joint resolution proposing to
amend the statute and of the statute or part thereof proposed
to be amended; a waiver of section 306 of the Congressional
Budget Act prohibiting consideration of legislation within the
jurisdiction of the Committee on the Budget unless reported by
the Budget Committee; and a waiver of section 401 of the
Congressional Budget Act prohibiting consideration of
legislation providing new entitlement authority which becomes
effective during the current fiscal year.
The waiver against provisions in the bill, as amended,
includes the following: a waiver of rule XXI, clause 4
prohibiting appropriations in legislative bills; and a waiver
of clause 5(a) of rule XXI prohibiting tax or tariff provisions
in a bill not reported by a committee with jurisdiction over
revenue measures.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 249
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Dreier.
Summary of motion: To grant a modified open rule with a
pre-printing requirement.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 250
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Dreier.
Summary of motion: To allow the Ways and Means Committee
Ranking Member McCrery to offer a substitute to the tax
provision, debatable for one hour.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 251
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Hastings (WA).
Summary of motion: To allow the Chairman and the Ranking
Member of the Committee on Natural Resources one hour to
discuss revisions in the body of the last paragraph of the
Manager's amendment.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 252
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Dreier.
Summary of motion: To allow for a division of the question
to provide a separate vote on the Ways and Means offset
provision contained in Part A of the report.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 253
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Diaz-Balart.
Summary of motion: To strike the Rangel amendment from the
rule.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 254
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Diaz-Balart.
Summary of motion: To provide an open rule.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 255
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Fortuno (PR), #4, which would
exempt all milk deficient states from paying the mandatory
Dairy Promotion Assessment as determined by the Dairy
Production Stabilization Act of 1983.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 256
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Berry (AR), #17, which strikes
Title I of H.R. 2419 and replaces it with an extension of Title
I of the Farm Security and Rural Investment Act of 2002 for
five years, with certain exceptions.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--yea; Slaughter--Nay.
Rules Committee record vote No. 257.
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Gerlach (PA), #62, which
amends the bill to set aside 15% of farmland protection funds
for cost-share grants (25% maximum Federal share) to support
eligible State agencies, county, and one or more eligible
entities (local government or private entities) to purchase
conservation easements.
Results: Defeated 4-9.
Vote by Members: McGovern--nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 258.
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Blumenauer (OR)/Flake (AZ)/
Ryan, Paul (WI)/Kind (WI), #12, which provides for effective
annual payment limits for farm commodity program payments and
benefits. The effective limits are $40,000 for direct payments,
$60,000 for counter-cyclical payments, and $150,000 for
marketing loan program payments and benefits. Overall, the
amendment limits farm commodity program payments and benefits
to no more than $250,000 per year. The amendment provides for
direct attribution of farm commodity program payments and
tightens requirements for being considered actively engaged in
farming. The amendment also increases funding for certain
conservation and forestry programs.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 259
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Ellison (MN), #34, which would
require states to ``opt in'' and pass legislation if they wish
to deny food stamp benefits to drug felons who have been
released from prison. If a state does not pass such
legislation, these individuals would be eligible for food
stamps.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 260
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Hastings (WA), #49, which
would authorize USDA to make payments to asparagus producers
that have suffered market losses due to increased imports of
Peruvian asparagus under the Andean Trade Preferences Act
(ATPA).
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea.
Rules Committee record vote No. 261
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Boustany (LA)/Goodlatte (VA)/
Bonner (AL)/Buyer (IN)/Pence (IN)/Conaway (TX), #5, which
strikes Section 4008 of the bill. That section prevents states
from privatizing their food stamp eligibility determination
system and other aspects of the Food Stamp Program.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 262
Date: July 26, 2007 (Legislative Day of July 25, 2007).
Measure: H.R. 2419.
Motion by: Mr. McGovern.
Summary of motion: To report the rule.
Results: Adopted 9-4.
Vote by Members: McGovern--Yea; Hastings (FL)--Yea;
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Sutton--Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings
(WA)--Nay; Sessions--Nay; Slaughter--Yea.
SUMMARY OF AMENDMENTS CONSIDERED AS ADOPTED
Summary of Reserve Fund en bloc
Food Stamps: excludes combat-related military pay from
countable income. Raises the standard deduction. Lifts cap on
dependent care. Indexes for inflation the asset limits for food
stamp households. Excludes qualified tuition programs,
Coverdell Education Savings Accounts, and retirement accounts
from countable financial resources. Increases the minimum
benefit. Increases to $250 million and indexes mandatory
funding for TEFAP.
Energy: Doubles funding for the biobased product
designation program. Provides mandatory funding for up to $2
billion in loan guarantees for biorefineries and biofuel
production plants. Adds mandatory funding for renewable energy
systems and energy efficiency improvements. Increases mandatory
funding for Biomass Research and Development. Increases funding
for USDA bioenergy program. Reauthorizes and funds Biodiesel
Fuel Education Program. Establishes Biomass Energy Reserve and
Forest Biomass for Energy program.
Summary of offset amendments
The amendment revises an existing exception to the Right to
Financial Privacy Act of 1979 so that improper electronic
payments can be traced and recovered. Revising the exception
would permit the Federal Government to verify that the correct
party is making electronic payments to, or receiving electronic
payments from, the government. (CBO estimates this provision
would reduce direct spending by $118 million over five years
and $283 million over ten years.
The amendment will prevent foreign multinational
corporations that are organized in countries without tax
treaties (generally countries with little or no income taxes,
including Caribbean tax havens) from manipulating the U.S. tax
treaty system to avoid U.S. taxes. This will not affect any
U.S. based multinational and it would have little or no impact
on foreign multinationals organized in countries with tax
treaties. (CBO estimates that this amendment would provide $4
billion in the first five years and a total of $7.5 billion
over 10 years.)
Summary of manager's amendment:
Commodity programs: Makes technical changes to achieve full
savings from elimination of advanced direct and partial
counter-cyclical payments. Conservation: Establishes pilot
conservation program to create incentives for peanut crop
rotation. Includes the Sacramento River Watershed as a priority
area for RWEP. Provides air quality funding under Conservation
Innovation Grants. Provides that only land enrolled in general
Conservation Reserve Program sign-ups is eligible for early
termination. Trade: Adds reporting and study requirements.
Establishes authorization of food aid programs at $2.5 billion
annually. Increases authorization for Famine Prevention and
Relief. Makes tobacco ineligible for MAP. Nutrition: Authorizes
a competitive grants program to improve underserved communities
access to healthy foods. Provides Sense of Congress on ``food
deserts''. Establishes the Healthy Food Urban Enterprise
Development Program. Encourages FAPRI-University partnerships
related to specialty crop research. Credit: Authorizes the
Secretary to make and insure loans to eligible purchasers of
highly fractioned land. Meat and Poultry: Strikes Sense of
Congress Regarding State Inspected Meat and Poultry Products.
Pigford Claims: Would allow claimants who met the criteria of a
civil action relating to racial discrimination by the USDA but
were denied, a mechanism for redetermination based on the
merits of their claims. Provides funding for claims. Cool:
Provides that for perishable agricultural commodities and
peanuts, such products may only be labeled as having a United
States country of origin if the commodity is exclusively
produced in the United States. APHIS: Strikes provision moving
certain border inspection functions from the Department of
Homeland Security to USDA. National Drought Preparedness Act of
2005: Establishes the National Drought Council. Crop Insurance:
Provides for the Corporation to pay a portion of premiums for
area revenue plans. Dairy: Provides for a refund of assessments
on certain imported dairy products. Food Deserts: Expresses
sense of Congress. Wastewater infrastructure: Requires GAO
study of rural communities along U.S.-Mexico border.
Adds new language which provides mandatory (as opposed to
discretionary) spending for the McGovern-Dole International
Food for Education and Child Nutrition Program and helps pay
for the program through additional savings in the Federal crop
insurance program; Imposes a ``conservation of resources fee''
on oil or gas produced from certain OCS deepwater leases unless
contractual agreements require royalties to be paid when market
prices exceed specified thresholds. This provision would apply
to production by firms that would not, under current law,
voluntarily revise the terms of leases issued in 1998 and 1999
that provide royalty relief regardless of the market price of
oil and gas. The amendment would also repeal provisions of the
Energy Policy Act of 2004 that preclude the Bureau of Land
Management from collecting certain fees, provide additional
royalty relief for oil and gas produced from the Outer
Continental Shelf from ultra-deep wells, very deep waters and
Alaska; and authorize the Secretary of the Interior to modify
the terms of oil and gas leases in the National Petroleum
Reserve in Alaska. (CBO estimates that these provisions would
reduce direct spending by $2.435 billion over five years and
$6.125 billion over ten years.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Kind (WI): The Fairness in Farm and Food Policy
Amendment will reform the farmer safety net to work better for
small farmers at lower cost, reallocate funding to nutrition,
conservation, specialty crops and healthy foods, rural
development, and programs that benefit socially disadvantaged
farmers. (40 minutes)
2. Frank (MA)/Bachus (AL): The amendment strikes five
sections from Title V of the bill (Agribusiness loan
eligibility, Loan-to-asset value requirements, Population limit
for single-family housing loans, Majority farmer control
requirement, and Borrower stock requirement), which expand the
lending authority of the Farm Credit System. (10 minutes)
3. Goodlatte (VA): The amendment streamlines and adopts one
set of terms and conditions of easements for the Wetlands
Reserve Program (WRP), Grasslands Reserve Program (GRP),
Farmland and Ranchland Protection Program (FRPP), and Healthy
Forest Reserve Program (HFRP). (10 minutes)
4. Lucas (OK): The amendment would make livestock producers
eligible for livestock assistance programs regardless of
whether they had Noninsured Crop Disaster Assistance (NAP)
coverage. (10 minutes)
5. Cardoza (CA): The amendment requires USDA to transition
Animal and Plant Health Inspection Service (APHIS) employees
responsible for plant pest inspection duties back to USDA from
the Department of Homeland Security in order to better serve
the needs of American agriculture. (10 minutes)
6. Boustany (LA)/Alexander (LA): The amendment states that
in the case of sweet potatoes, Risk Management Agency Pilot
Program data shall not be considered for purposes of
determining production for the 2005-2006 Farm Service Agency
Crop Disaster Program. (10 minutes)
7. Jackson-Lee (TX): The amendment is intended to express
the sense of Congress that the food available to schoolchildren
under the school breakfast and lunch program should be selected
so as to reduce the incidence of juvenile obesity and to
maximize nutritional value. (10 minutes)
8. Hastings (FL): The amendment adds a new section for
``Pollinator Protection'' that authorizes research funding to
reduce North American pollinator decline and understand Colony
Collapse Disorder. This amendment also adjusts USDA
conservation programs to put a greater emphasis on increasing
habitat and establishing cropping and integrated pest
management practices to protect native and managed pollinators.
(10 minutes)
9. Arcuri (NY)/Welch (VT)/Gillibrand (NY): The amendment
expresses the Sense of Congress that the Secretary of
Agriculture should use existing authority when determining the
Class I milk price mover to take into account the increased
cost of production, including energy and feed. (10 minutes)
10. Welch (VT): The amendment encourages schools to submit
plans for implementation to the Secretary that include locally
grown foods, in areas where geographically available. (10
minutes)
11. Welch (VT)/Arcuri (NY): The amendment adds a provision
to the review process for the Federal Milk Marketing Order
Review Commission to include an evaluation of cost of
production variables, including cost of feed and cost of fuel.
Additionally, it encourages the Commission to be regionally
diverse, and moves up the date from 24 months to 18 months
after the enactment of this bill. (10 minutes)
12. Rangel (NY): The amendment removes certain banking
restrictions related to Cuba's payment for agricultural
purchases from U.S. producers. It also authorizes direct
transfers between Cuban banks and U.S. banks and allows visas
to be issued to conduct activities related to purchasing U.S.
agricultural goods. (10 minutes)
13. Boehner (OH): The amendment would replace the current
daily posted county prices (PCPs) used for determining loan
deficiency payment rates and repayment rates for marketing
assistance loans with a monthly PCP for each crop. It would
revise requirements for establishing a producer's loan
deficiency payment (LDP) and loan repayment rate to be based on
the month that beneficial interest is lost. The amendment aims
to address farmers taking advantage of short-term market events
to lock in artificially high loan deficiency payments, while
actually selling the commodity later at prices well above the
loan rate. (10 minutes)
14. Johnson, Eddie Bernice (TX): The amendment adds the
additional point to Subtitle B of the research title that
emphasis should be placed on proposals that examine the
efficacy of current agriculture policies in promoting the
health and welfare of economically disadvantaged populations
(in addition to supporting research/health promotion to ``solve
the problems of nutritional inadequacy). (10 minutes)
15. Manzullo (IL): The amendment exempts the Environmental
Quality Incentives Program (EQIP) from the $60,000 and $125,000
payment limitations, resetting it to the $450,000 limitation
that is in the current law. (10 minutes)
16. Blumenauer (OR): The amendment would make conservation
easements purchased through a transferable development rights
program eligible for grants under the Farm and Ranchland
Protection Program. Transferable Development Rights (TDR)
programs are a voluntary, market-based tool used by states and
cities to protect farmland, private property rights, and
taxpayer dollars by allowing the transfer of development rights
from one parcel of land to another. (10 minutes)
17. Latham (IA): The amendment amends the Household Water
Well System Program, which makes grants to non-profit
organizations to finance the construction, refurbishing, and
servicing of individually owned household water well systems in
rural areas for individuals with low or moderate incomes, to
allow the use of in-kind contributions to meet the required
federal funding match of 10%. The amendment also clarifies that
in-kind contributions used to meet the match can be for no
purpose other than to administer the water well grant program.
(10 minutes)
18. Berry (AR): The amendment will prohibit non-profit
organizations with more than $50 million in direct public
support from receiving conservation payments. (10 minutes)
19. Davis, Danny (IL)/Kirk (IL): The amendment strikes the
sugar sections in the commodity title as well as the feedstock
flexibility program for bioenergy producers, extending current
programs until 2012. (10 minutes)
20. Terry (NE): The amendment creates a competitive
demonstration project designed to provide proof of concept in
supplementing corn with sweet sorghum as an ethanol feedstock.
(10 minutes)
21. Udall, Mark (CO): The amendment reduces the direct
payment rate for cotton by \2/3\ of a cent. The resulting
savings would be used to fund enrollment of 224,000 additional
acres in the Grasslands Reserve Program. (10 minutes)
22. Wu (OR): The amendment broadens the eligible
universities by adding that universities that do work in
alternative energy related fields, such as agriculture,
chemistry, environmental sciences, bioengineering,
biochemistry, natural resources and public policy are eligible
for the biofuels from biomass internship program. (10 minutes)
23. Clay (MO): The amendment would make grants to eligible
entities to assist in purchasing operating organic gardens or
greenhouses in urban areas for growing fruits and vegetables.
(10 minutes)
24. Israel (NY)/Doyle (PA): The amendment would eliminate
the sale of random source animals for research and will
prohibit the marketing of medical devices by using live animals
in demonstrations to market such devices. (10 minutes)
25. Putnam (FL): The amendment prohibits individuals from
receiving farm conservation payments if their income exceeds $1
million, unless 75% of the income comes from farm income. (10
minutes)
26. Bordallo (GU): The amendment authorizes a grants
program to assist the land grant institutions in the U.S.
territories in upgrading facilities and equipment in the
agricultural and food sciences. It authorizes appropriations
for five years in the amount of $8 million per year. It
authorizes USDA to vary award amounts and to establish
competitive criteria for the program. (10 minutes)
17. Cooper (TN): The amendment will comprehensively reform
the federal crop insurance program, including the
Administration's farm bill crop insurance proposals. This
amendment saves approximately $4 billion while adding resources
to the Grassland Reserve Program. (10 minutes)
28. Emanuel (IL): The amendment directs the USDA to
investigate which estates have been receiving payments in the
name of dead farmers and recoup payments made in the name of
deceased individuals. (10 minutes)
29. Hall, John (NY): The amendment would establish a
program to encourage environmentally responsible practices on
actively farmed muck soil land. (10 minutes)
30. Hodes (NH)/Arcuri (NY): The amendment authorizes a
grant program for state and local communities and governments
known as the Community Wood Energy Program to use low-grade
wood biomass in community wood energy systems for state and
locally owned businesses such as schools, town halls, and
courthouses. (10 minutes)
31. Shuler (NC): The amendment allows non-industrial
private forest lands to be eligible for emergency restoration
funds if the Secretary determines that insect or disease poses
an imminent threat of loss or damage to those lands. (10
minutes)
Part A
TEXT OF AMENDMENTS TO BE CONSIDERED AS ADOPTED
After section 4004 of the bill, insert the following (and
make such technical and conforming changes as may be
appropriate):
SEC. 4005. EXCLUDING COMBAT RELATED PAY FROM COUNTABLE INCOME.
Section (5)(d) of the Food Stamp Act of 1977 (7 U.S.C.
2014(d)) is amended--
(1) by striking ``and (18)'', and inserting ``(18)'',
and
(2) by inserting before the period at the end the
following: ``and (19) any additional payment received
under Chapter 5 of title 37, United States Code, by (or
as an allotment to or transfer from) a member of the
United States Armed Forces deployed to a designated
combat zone for the duration of the member's deployment
to or service in a combat zone if the additional pay
was not received immediately prior to serving in that
or another combat zone.''.
SEC. 4006. INCREASING THE STANDARD DEDUCTION.
Section (5)(e)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2014(e)(1)) is amended--
(1) in subparagraph (A)(ii) by striking ``not less
than $134'' and all that follows through the period at
the end, and inserting the following: ``not less than
$145, $248, $205, and $128, respectively. On October 1,
2008, and each October 1 thereafter, such standard
deduction shall be an amount that is equal to the
amount from the previous fiscal year adjusted to the
nearest lower dollar increment to reflect changes in
the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics, for items
other than food, for the 12 months ending the preceding
June 30.''; and
(2) in subparagraph (B)(ii) by striking ``not less
than $269.'' and inserting the following: ``not less
than $291. On October 1, 2008, and each October 1
thereafter, such standard deduction shall be an amount
that is equal to the amount of the previous fiscal year
adjusted to the nearest dollar increment to reflect
changes in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics,
for items other than food, for the 12 months ending the
preceding June 30.''.
SEC. 4007. EXCLUDING DEPENDENT CARE EXPENSES.
Section (5)(e)(3)(A) of the Food Stamp Act of 1977 (7 U.S.C.
2014(e)(3)(A)) is amended by striking ``, the maximum allowable
level of which shall be $200 per month for each dependent child
under 2 years of age and $175 per month for each other
dependent,''.
SEC. 4008. ADJUSTING COUNTABLE RESOURCES FOR INFLATION.
Section (5)(g) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)) is amended--
(1) by striking ``(g)(1) The Secretary'' and
inserting the following:
``(g) Allowable Financial Resources.--
``(1) Total amount.--
``(A) In general.--The Secretary''.
(2) in subparagraph (A) (as so designated by
paragraph (1))--
(A) by inserting ``(as adjusted in accordance
with subparagraph (B))'' after ``$2,000''; and
(B) by inserting ``(as adjusted in accordance
with subparagraph (B))'' after ``$3,000''; and
(3) by adding at the end the following:
``(B) Adjustment for inflation.--
``(i) In general.--Beginning on
October 1, 2007, and each October 1
thereafter, the amounts in subparagraph
(A) shall be adjusted to the nearest
$100 increment to reflect changes for
the 12-month period ending the
preceding June in the Consumer Price
Index for All Urban Consumers published
by the Bureau of Labor Statistics of
the Department of Labor.
``(ii) Requirement.--Each adjustment
under clause (i) shall be based on the
unrounded amount for the prior 12-month
period.''.
SEC. 4009. EXCLUDING EDUCATION ACCOUNTS FROM COUNTABLE INCOME.
Section (5)(g) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)) is amended by adding at the end the following:
``(7) Exclusion of education accounts from countable
resources.--
``(A) Mandatory exclusions.--The Secretary
shall exclude from financial resources under
this subsection the value of any funds in a
qualified tuition program described in section
529 of the Internal Revenue Code of 1986 or in
a Coverdell education savings account under
section 530 of that Code.
``(B) Discretionary exclusions.--The
Secretary may also exclude from financial
resources under this subsection the value of
any program or account included in any
successor or similar provision that is enacted
and determined to be exempt from taxation under
the Internal Revenue Code of 1986.''.
SEC. 4010. EXCLUDING RETIREMENT ACCOUNTS FROM COUNTABLE INCOME.
Section (5)(g) of the of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)), as amended by section 4009, is amended--
(1) in subsection (g)(2)(B)(v) by striking ``or
retirement account (including an individual account)''
and inserting ``account''; and
(2) adding at the end the following:
``(8) Exclusion of retirement accounts from countable
resources.--
``(A) Mandatory exclusions.--The Secretary
shall exclude from financial resources under
this subsection the value of any funds in a
plan, contract, or account as described in
section 401(a), 403(a), 403(b), 408, 408A,
457(b), or 501(c)(18) of the Internal Revenue
Code of 1986 and the value of funds in a
Federal Thrift Savings Plan account as provided
section 8439 of title 5, United States Code.
``(B) Discretionary exclusions.--
``(i) The Secretary may exclude from
financial resources under this
subsection any other retirement plans,
contracts, or accounts that have been
determined to be tax qualified
retirement plans, contracts, or
accounts, under the Internal Revenue
Code of 1986.
``(ii) The Secretary may also exclude
from financial resources under this
subsection the value of any program or
account included in any successor or
similar provision that is enacted and
determined to be exempt from taxation
under the Internal Revenue Code of
1986.''.
After section 4006 of the bill, insert the following (and
make such technical and conforming changes as may be
appropriate):
SEC. 4014. INCREASING THE MINIMUM BENEFIT.
Section 8(a) of the Food Stamp Act of 1977 (7 U.S.C. 2017(a))
is amended by striking ``$10 per month'' and inserting ``10
percent of the thrifty food plan for a household containing 1
member, as determined by the Secretary under section 3(o)''.
Strike section 4021 of the bill, insert the following (and
make such technical and conforming changes as may be
appropriate):
SEC. 4028. EMERGENCY FOOD ASSISTANCE PROGRAM.
Section 27(a) of the Food Stamp Act of 1977 (7 U.S.C.
2036(a)) is amended by--
(1) by striking ``(a) Purchase of Commodities'' and
all that follows through 2007' and inserting the
following:
``(a) Purchase of Commodities.--
``(1) In general.--As provided in paragraph (2), for
each of the fiscal years 2008 through 2012'';
(2) by striking ``$140,000,000 of''; and
(3) by adding at the end the following:
``(2) Amounts.--The following amounts are made
available to carry out this subsection:
``(A) for fiscal year 2008, $250,000,000; and
``(B) for each of the fiscal years 2009
through 2012, the dollar amount of commodities
specified in subparagraph (A) adjusted by the
percentage by which the thrifty food plan has
been adjusted under section 3(o)(4) between
June 30, 2007 and June 30 of the immediately
preceding fiscal year.''.
[ENERGY TITLE]
Section 9002 of the bill is amended by adding at the end the
following new paragraph:
(3) by striking subsection (k)(2)(A) and inserting
the following:
``(A) In general.--Of the funds of the
Commodity Credit Corporation, the Secretary
shall use $2,000,000 for each of fiscal years
2008 through 2012 for bio-product testing and
support ongoing operations of the Designation
Program, the Voluntary Labeling Program,
procurement program models, procurement
research, promotion, education, and awareness
of the BioPreferred Program.''.
Section 9003(3) of the bill is amended by striking
``subsections (d) through (h) as subsections (e) through (i),
respectively'' and inserting ``subsection (h) as subsection (j)
and subsections (d) through (g) as subsections (e) through (h),
respectively,''.
Section 9003 of the bill is amended by striking paragraph (5)
and adding at the end the following new paragraphs:
(5) by inserting after subsection (h) the following
new subsection:
``(i) Condition of Provision of Assistance.--As a condition
of receiving a grant or loan guarantee under this section, the
eligible entity shall ensure that all laborers and mechanics
employed by contractors or subcontractors in the performance of
construction work financed in whole or in part with the grant
or loan guarantee, as the case may be, shall be paid wages at
rates not less than those prevailing on similar construction in
the locality, as determined by the Secretary of Labor in
accordance with section 3141 through 3144, 3146, and 3147 of
title 40, United States Code. The Secretary of Labor shall
have, with respect to such labor standards, the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950
(15 F. R. 3176; 64 Stat. 1267) and section 3145 of such
title.'';
(6) in subsection (j) (as so redesignated), by
striking ``2007'' and inserting ``2012''; and
(7) by adding at the end the following new
subsection:
``(k) Additional Funding for Loan Guarantees.--Of the funds
of the Commodity Credit Corporation, the Secretary shall use to
carry out this section--
``(1) $75,000,000 for fiscal year 2008;
``(2) $100,000,000 for fiscal year 2009;
``(3) $125,000,000 for fiscal year 2010;
``(4) $200,000,000 for fiscal year 2011; and
``(5) $300,000,000 for fiscal year 2012.''.
Section 9005(5) of the bill is amended by striking
``redesignating subsections (e) and (f) as subsections (g) and
(h), respectively'' and inserting ``redesignating subsection
(e) as subsection (g) and striking subsection (f)''.
Section 9005 of the bill is amended by adding at the end the
following new paragraph:
(7) by adding at the end the following new
subsection:
``(h) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall make available
to carry out this section--
``(1) $50,000,000 for fiscal year 2008;
``(2) $75,000,000 for fiscal year 2009;
``(3) $100,000,000 for fiscal year 2010;
``(4) $125,000,000 for fiscal year 2011; and
``(5) $150,000,000 for fiscal year 2012.''.
Section 9007 of the bill is amended by adding at the end the
following new paragraph:
(3) by striking subsection (c) and inserting the
following:
``(c) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall use to carry
out this section--
``(1) $225,000,000 for fiscal year 2008;
``(2) $250,000,000 for fiscal year 2009;
``(3) $275,000,000 for fiscal year 2010;
``(4) $300,000,000 for fiscal year 2011; and
``(5) $350,000,000 for fiscal year 2012.''.
Section 9008(j) of the Farm Security and Rural Investment Act
of 2002, as added by section 9006 of the bill, is amended to
read as follows:
``(j) Funding.--
``(1) In general.--Of the funds of the Commodity
Credit Corporation, the Secretary of Agriculture shall
make available to carry out this section--
``(A) $35,000,000 for fiscal year 2008;
``(B) $60,000,000 for fiscal year 2009;
``(C) $75,000,000 for fiscal year 2010;
``(D) $100,000,000 for fiscal year 2011; and
``(E) $150,000,000 for fiscal year 2012.
``(2) Additional funding.--In addition to amounts
transferred under paragraph (1), there are authorized
to be appropriated to carry out this section
$200,000,000 for each of fiscal years 2006 through
2015.''.
At the end of title IX of the bill, add the following new
sections:
SEC. 9018. BIODIESEL FUEL EDUCATION PROGRAM.
Section 9004(d) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8104(d)) is amended to read as follows:
``(d) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out
this section $2,000,000 for each of fiscal years 2008 through
2012.''.
SEC. 9019. BIOMASS ENERGY RESERVE.
Title IX of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end
the following new section:
``SEC. 9017. BIOMASS ENERGY RESERVE.
``(a) Purpose.--The purpose of this section is to establish a
biomass energy reserve--
``(1) to encourage production of dedicated energy
crops in a sustainable manner that protects the soil,
air, water, and wildlife of the United States; and
``(2) to provide financial and technical assistance
to owners and operators of eligible cropland to produce
dedicated energy crops and crop mixes of suitable
quality and in sufficient quantities to support and
induce development and expansion of the use of the crop
for--
``(A) bioenergy;
``(B) power or heat generation to supplement
or replace nonbiobased energy sources; or
``(C) biobased products to supplement or
replace non biobased products;
``(3) to establish biomass energy reserve project
areas; and
``(4) to provide financial and technical assistance
to owners and operators for harvesting, storing, and
transporting cellulosic material.
``(b) Definitions.-- In this section:
``(1) Beginning farmer or rancher.--The term
`beginning farmer or rancher' has the meaning given the
term in section 343(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1991(a)).
``(2) BER.--The term `BER' means the biomass energy
reserve established under this section.
``(3) BER project area.--The term `BER project area'
means an area that--
``(A) has eligible cropland that--
``(i) is owned or operated by
eligible participants; and
``(ii) has specified boundaries that
are submitted to the Secretary by
eligible participants and subsequently
approved by the Secretary; and
``(B) is physically located within a 50-mile
radius of a bioenergy facility.
``(4) Conservation reserve program.--The term
`conservation reserve program' means the conservation
reserve program established under subchapter B of
chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3831 et seq.).
``(5) Contract acreage.--The term `contract acreage'
means eligible cropland that is covered by a BER
contract entered into with the Secretary.
``(6) Eligible applicant.--The term `eligible
applicant' means--
``(A) a collective group of owners and
operators producing or proposing to produce
eligible dedicated energy crops;
``(B) an energy or agricultural company or
refinery; and
``(C) an Agricultural Innovation Center
established pursuant to section 6402 of the
Farm Security and Rural Investment Act of 2002
(Public Law 107-171; 116 Stat. 426; 7 U.S.C.
1621 note).
``(7) Eligible cropland.--
``(A) In general.--The term `eligible
cropland' means land that the applicable county
committee of the Farm Service Agency
determines--
``(i) is currently being tilled for
the production of a crop for harvest;
or
``(ii) is not currently being tilled
but has been tilled in a prior crop
year and is suitable for production of
an eligible dedicated energy crop.
``(B) Exclusions.--The term `eligible
cropland' does not include--
``(i) Federally-owned land;
``(ii) land enrolled in--
``(I) the conservation
reserve program;
``(II) the grassland reserve
program; or
``(III) the wetlands reserve
program; and
``(iii) land with greater than 50
percent cover of native nonwoody
vegetation or forest land, as of the
date of enactment of this section.
``(8) Eligible dedicated energy crop.--
``(A) In general.--The term `eligible
dedicated energy crop' means any crop native to
the United States, or another crop, as
determined by the Secretary, grown specifically
to provide raw materials for--
``(i) conversion to liquid
transportation fuels or chemicals
through biochemical or thermochemical
processes; or
``(ii) energy generation through
combustion, pyrolysis, gasification,
cofiring, or other technologies, as
determined by the Secretary.
``(B) Exclusions.--The term `eligible
dedicated energy crop' does not include--
``(i) any crop that is eligible for
payments under title I or a successor
title; or
``(ii) any plant that is invasive or
noxious or has the potential to become
invasive or noxious, as determined by
the Secretary, in consultation with
other appropriate Federal or State
departments and agencies.
``(9) Eligible participant.--The term `eligible
participant' means an owner or operator of contract
acreage that is physically located within a BER project
area .
``(10) Federally-owned land.--The term `Federally-
owned land' means land owned by--
``(A) the Federal Government (including any
department, instrumentality, bureau, or agency
of the Federal Government); or
``(B) any corporation whose stock is wholly
owned by the Federal Government.
``(11) Forest land.--The term `forest land' means an
ecosystem that is at least 1 acre in size (including
timberland and woodland) and that (as determined by the
Secretary)--
``(A) is characterized by dense and extensive
tree cover;
``(B) contains, or once contained, at least
10 percent tree crown cover; and
``(C) is not developed and planned for
exclusive nonforest resource use.
``(12) Grassland reserve program.--The term
`grassland reserve program' means the grassland reserve
program established under subchapter C of chapter 2 of
subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3838n et seq.).
``(13) Operator.--The term `operator' means an
individual, entity, or joint operation that is in
control of the farming operations on a farm during the
applicable crop year.
``(14) Owner.--
``(A) In general.--The term `owner' means a
person that has legal ownership of eligible
cropland.
``(B) Inclusion.--The term `owner' includes--
``(i) a person that is buying
eligible cropland under a contract for
deed; and
``(ii) a person that has a life
estate in eligible cropland.
``(15) Qualified organization.--The term `qualified
organization' means--
``(A) an Agricultural Innovation Center
established pursuant to section 6402 of the
Farm Security and Rural Investment Act of 2002
(Public Law 107-171; 116 Stat. 426; 7 U.S.C.
1621 note) with significant experience in the
field of renewable energy, as determined by the
Secretary; or
``(B) in a region not served by a center
referred to in subparagraph (A)--
``(i) an entity with significant
experience in the field of renewable
energy that is geographically located
in such region, as determined by the
Secretary; or
``(ii) an accredited college or
university with experience providing
technical assistance in the field of
renewable energy that is geographically
located in such region, as determined
by the Secretary.
``(16) Secretary.--The term `Secretary' means the
Secretary of Agriculture.
``(17) Socially disadvantaged farmer or rancher.--The
term `socially disadvantaged farmer or rancher' means a
farmer or rancher who is a member of a socially
disadvantaged group (as defined in section 355(e) of
the Consolidated Farm and Rural Development Act (7
U.S.C. 2003(e))).
``(18) Wetlands reserve program.--The term `wetlands
reserve program' means the wetlands reserve program
established under subchapter C of chapter 1 of subtitle
D of title XII of the Food Security Act of 1985 (16
U.S.C. 3837 et seq.).
``(c) Establishment.-- Not later than 90 days after the date
of enactment of this section, the Secretary shall establish a
biomass energy reserve in accordance with this section. The
Secretary shall ensure the purposes in subsection (a) are met
by including in the reserve projects that include a variety of
harvest and post-harvest practices, including stubble height,
unharvested strips (including strips for wildlife habitat), and
varying harvest dates and a variety of monoculture and
polyculture crop mixes, as appropriate, by project area.
``(d) Proposals for BER Project Areas.--
``(1) Selection of qualified organizations.--
``(A) In general.--The Secretary shall select
not more than 10 qualified organizations to
assist--
``(i) eligible applicants in
submitting proposals under paragraph
(2); and
``(ii) the Secretary in selecting BER
project areas.
``(B) Region.--The Secretary shall select not
more than 1 qualified organization to assist
eligible applicants and the Secretary in any
particular region of the United States, as
determined by the Secretary.
``(C) Funding.--The Secretary shall provide
each qualified organization selected under
paragraph (1) not more than $300,000 to carry
out this paragraph.
``(2) Consultation with qualified organization.--An
eligible applicant may consult with and submit to a
qualified organization a written proposal that--
``(A) identifies the eligible cropland that
will be a part of the proposed BER project
area; and
``(B) indicates a strong likelihood that the
proposed BER project area will generate a
sufficient quantity of biomass from eligible
dedicated energy crops and acres or other
sources to supply an existing bioenergy
facility.
``(3) Minimum requirements.--The written proposal for
a proposed BER project area shall include--
``(A) a description of the eligible cropland
of each eligible participant that will
participate in the proposed BER project area,
including--
``(i) the quantity of eligible
cropland of each eligible participant;
``(ii) the physical location of the
eligible cropland;
``(iii) the 1 or more eligible
dedicated energy crops that will be
produced on the eligible cropland; and
``(iv) the type of land use or crop
that will be displaced by the eligible
dedicated energy crop;
``(B)(i) the name, if available, and type,
location, and description of the bioenergy
facility that will use the eligible dedicated
energy crops to be produced in the proposed BER
project area; and
``(ii) a letter of commitment from a
bioenergy facility that the facility
will use the eligible dedicated energy
crops intended to be produced in the
proposed BER project area;
``(C) a general analysis of the anticipated
local economic impact of the proposed BER
project; and
``(D) any additional information needed to
determine the eligibility for, and ranking of,
the proposal, as determined by the Secretary.
``(4) Individual owners and operators.--A project
area proposal may not submit an individual proposal to
participate in the BER.
``(5) Eligibility criteria for ber project areas.--
The Secretary shall establish a system for ranking BER
project areas based on the following criteria:
``(A) The probability that the eligible
dedicated energy crops proposed to be produced
in the proposed BER project area will be used
for the purposes of the BER.
``(B) The inclusion of adequate potential
feedstocks and suitable placement with respect
to the bioenergy facility.
``(C) The potential for a positive economic
impact in the proposed BER project area.
``(D) The availability of the ownership of
the bioenergy facility in the proposed BER
project area to producers and local investors.
``(E) The participation rate by beginning
farmers or ranchers or socially disadvantaged
farmers or ranchers.
``(F) The potential to improve soil
conservation and water quality, and enhance
wildlife habitat, when compared to existing
land uses.
``(G) The variety of agronomic conditions the
proposed eligible dedicated energy crops will
be grown within a project area.
``(H) The variety of harvest and post harvest
practices, including stubble height,
unharvested strips (including strips for
wildlife habitat), and varying harvest dates.
``(I) The variety of monoculture and
polyculture crop mixes, as appropriate, by
project area.
``(6) Selection of projects.--
``(A) Ranking; submission to secretary.--Each
qualified organization selected by the
Secretary under paragraph (1) shall rank
proposals submitted to such qualified
organization under paragraph (2) using the
system for ranking established by the Secretary
under paragraph (6) and shall submit to the
Secretary up to five of the highest ranked
applications.
``(B) Secretary selection.--The Secretary
shall authorize not less than one proposal
submitted to the Secretary from each qualified
organization under subparagraph (A).
``(e) Forest Biomass Planning Grants.--
``(1) In general.--The Secretary shall provide forest
biomass planning assistance grants to private
landowners to develop forest stewardship plans that
involve sustainable management of biomass from forest
land of the private landowners that will preserve
diversity, soil, water, or wildlife values of the land,
while ensuring a steady supply of biomass material,
through--
``(A) State forestry agencies, in
consultation with State wildlife agencies; and
``(B) technical service provider arrangements
with third-parties.
``(2) Limitation.--The total amount of funds used to
carry out this subsection shall not exceed $5,000,000.
``(f) Duration of Contract.--
``(1) In general.--Subject to paragraph (2), for
purposes of carrying out the BER, the Secretary shall
enter into contracts of 5 years.
``(2) Early termination.--The Secretary may terminate
a contract early if the Secretary determines that--
``(A) contract acreage will not be used to
produce an eligible dedicated energy crop;
``(B) a material breach of the contract has
occurred;
``(C) the owner or operator has died; or
``(D) continuation of the contract will cause
undue economic hardship.
``(g) Contract Acreage Requirements.--
``(1) In general.--On approval of a BER project area
by the Secretary, each eligible participant in the BER
project area shall enter into a contract with the
Secretary that is consistent with the BER.
``(2) Additional eligible participants.--The
Secretary may add eligible participants to a BER
project area after approval of the BER project area.
``(3) Conservation practices.--To ensure the
sustainability of farm operations and the protection of
soil, air, water and wildlife, the Secretary shall
include such terms and conditions in a contract entered
into under paragraph (1) as the Secretary considers
necessary.
``(4) Purposes.--
``(A) In general.--Except as provided in
subparagraph (B), to be eligible to participate
in the BER, an eligible participant may use
eligible dedicated energy crops produced on
contract acreage only for the purposes
described in subsection (a).
``(B) Personal use.--During the period before
the commercial viability of a bioenergy
facility, an eligible participant may use
eligible dedicated energy crops produced by the
eligible participant on contract acreage for
personal use.
``(C) Seed production.--During the period
before the commercial viability of a bioenergy
facility, an eligible participant may harvest
and sell seed produced on contract acreage.
``(5) Requirements.--To be eligible to participate in
the BER, during the term of the BER contract, an
eligible participant shall comply with--
``(A) the highly erodible land conservation
requirements of subtitle B of title XII of the
Food Security Act of 1985 (16 U.S.C. 3811 et
seq.); and
``(B) the wetland conservation requirements
of subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.).
``(h) Additional Eligible Biomass.--
``(1) In general.--The Secretary may allow on land
that is enrolled in the conservation reserve program
and located within the BER project area the harvesting
of biomass--
``(A) in exchange for a reduction of an
applicable annual payment in an amount to be
determined by the Secretary;
``(B) in accordance with an approved
conservation reserve program plan, including
mid-contract management and forestry
maintenance activities; and
``(C) in a manner that ensures that biomass
harvest activities occur outside the official
nesting and brood rearing season for those
plans.
``(i) Duties of Secretary.--The Secretary shall--
``(1) establish and administer the BER;
``(2) authorize establishment of BER project areas
for the purposes of the BER described in subsection
(a);
``(3) develop procedures--
``(A) to monitor the compliance of eligible
participants that have land enrolled in the BER
with the requirements of the BER;
``(B) to measure the performance of the BER;
and
``(C) to demonstrate whether the long-term
eligible dedicated energy crop production goals
are being achieved.
``(4) enter into a written contract with each
eligible participant that elects to participate in the
BER in a BER project area;
``(5) not enter into a contract under the BER with an
individual owner or operator unless the land of the
eligible participant is physically located in an
approved BER project area; and
``(6) provide all payments under the contract
directly to the eligible participant.
``(j) Contracts.--A contract entered into between the
Secretary and an eligible participant under the BER shall
include, at a minimum, terms that cover--
``(1) requirements for the eligible participant in
carrying out the contract, including requirements
described in subsections (f), (g), and (l);
``(2) termination provisions;
``(3) payment terms and amounts to be provided on an
annual basis;
``(4) the sales or transfer of contract acreage;
``(5) the modification of the contract;
``(6) the maximum quantity of contract acreage and an
estimated schedule for how much eligible cropland will
be enrolled each contract year; and
``(7) any additional terms the Secretary considers
appropriate.
``(k) Payments.--
``(1) In general.--The Secretary shall provide
payments directly to eligible participants who enter
into contracts described in subsection (j) in
accordance with such subsection.
``(2) Establishment payments.--
``(A) In general.--The Secretary shall
provide to an eligible participant who enters
into a BER contract an establishment payment in
an amount equal to the costs of establishing an
eligible dedicated energy crop on the contract
acreage covered by the contract.
``(B) Eligible establishment payments.--The
costs for which an eligible owner may receive
an establishment payment under this paragraph
include--
``(i) the cost of seeds and stock;
and
``(ii) the cost of planting the crop.
``(3) Rental payments.--
``(A) In general.--The Secretary shall make
annual rental payments to an eligible
participant who enters into a BER contract.
``(B) Period.--An eligible participant shall
receive rental payments for a period of not
more than 5 years after entering into a BER
contract with the Secretary on contract
acreage.
``(C) Reduction.--The Secretary shall reduce
rental payments under (A) by an amount
determined to be appropriate by the Secretary,
if an eligible dedicated energy crop is
harvested in accordance with subsection (g)(4).
``(l) Information Sharing.--
``(1) In general.--Owners and operators of a farm
entering into a contract with the Secretary under this
section shall agree to make available to the Secretary,
or to an institution of higher education or other
entity designated by the Secretary, such information as
the Secretary considers to be appropriate to promote
the production of bioenergy crops and the development
of biorefinery technology; and
``(2) Best practices database.--Subject to section
1770 of the Food Security Act of 1985 (7 U.S.C. 2276),
the Secretary shall make available to the public in a
database format the best practices information
developed by the Secretary in providing bioenergy
assistance under this section.
``(m) Payments for Collecting, Harvesting, Storing, and
Transporting Biomass Produced on BER Contract Acreage,
Agricultural Waste Biomass, and Sustainably-Harvested
Agricultural and Forest Residues.--
``(1) In general.--Subject to paragraph (2), the
Secretary may provide matching payments at a rate of $1
for every $1 per ton provided by the bioenergy
facility, in an amount equal to not more than $45 per
ton for a period of two years--
``(A) to eligible participants for biomass
produced on BER contract acreage in exchange
for a reduction of the annual payment issued
under subsection (k)(3), as determined by the
Secretary;
``(B) to any producer of agricultural waste
biomass or sustainably-harvested agricultural
and forest residues in the United States for
the agricultural waste or residue; and
``(C) for residue collected as a result of
the removal of noxious and invasive species, in
accordance with methods approved by the
Secretary.
``(2) Forest land owner eligibility.--Owners of
forest land shall be eligible to receive payments under
this subsection only if such owners are acting pursuant
to a forest stewardship plan.
``(n) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
such sums as are necessary for each of fiscal years 2008
through 2012.''.
SEC. 9020. FOREST BIOMASS FOR ENERGY.
Title IX of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8101 et seq.) is further amended by adding at
the end the following new section:
``SEC. 9018. FOREST BIOMASS FOR ENERGY.
``(a) In General.--The Secretary of Agriculture, through the
Forest Service, shall conduct a competitive research and
development program to encourage use of forest biomass for
energy.
``(b) Eligible Entities.--Entities eligible to compete under
this program include the Forest Service (through Research and
Development), other Federal agencies, State and local
governments, federally recognized Indian tribes, land grant
colleges and universities, and private entities.
``(c) Priority for Project Selection.--The Secretary shall
give priority to projects that--
``(1) develop technology and techniques to use low
value forest biomass, such as byproducts of forest
health treatments and hazardous fuels reduction, for
the production of energy;
``(2) develop processes that integrate production of
energy from forest biomass into biorefineries or other
existing manufacturing streams;
``(3) develop new transportation fuels from forest
biomass; and
``(4) improve the growth and yield of trees intended
for renewable energy production.
``(d) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out
this section $15,000,000 for each of fiscal years 2008 through
2012.''.
At the end of the bill, add the following:
TITLE XII--PREVENTION OF TAX TREATY EXPLOITATION TO EVADE UNITED STATES
TAXATION
SEC. 12001. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE
PAYMENTS.
(a) In General.--Section 894 of the Internal Revenue Code of
1986 (relating to income affected by treaty) is amended by
adding at the end the following new subsection:
``(d) Limitation on Treaty Benefits for Certain Deductible
Payments.--
``(1) In general.--In the case of any deductible
related-party payment, the amount of any withholding
tax imposed under chapter 3 (and any tax imposed under
subpart A or B of this part) with respect to such
payment shall not be less than the amount which would
be imposed if the payment were made directly to the
foreign parent corporation (taking into account any
income tax treaty between the United States and the
country in which the foreign parent corporation is
resident).
``(2) Deductible related-party payment.--For purposes
of this subsection, the term `deductible related-party
payment' means any payment made, directly or
indirectly, by any person to any other person if the
payment is allowable as a deduction under this chapter
and both persons are members of the same foreign
controlled group of entities.
``(3) Foreign controlled group of entities.--For
purposes of this subsection--
``(A) In general.--The term `foreign
controlled group of entities' means a
controlled group of entities the common parent
of which is a foreign corporation.
``(B) Controlled group of entities.--The term
`controlled group of entities' means a
controlled group of corporations as defined in
section 1563(a)(1), except that--
``(i) `more than 50 percent' shall be
substituted for `at least 80 percent'
each place it appears therein, and
``(ii) the determination shall be
made without regard to subsections
(a)(4) and (b)(2) of section 1563.
A partnership or any other entity (other than a
corporation) shall be treated as a member of a
controlled group of entities if such entity is
controlled (within the meaning of section
954(d)(3)) by members of such group (including
any entity treated as a member of such group by
reason of this sentence).
``(4) Foreign parent corporation.--For purposes of
this subsection, the term `foreign parent corporation'
means, with respect to any deductible related-party
payment, the common parent of the foreign controlled
group of entities referred to in paragraph (3)(A).
``(5) Regulations.--The Secretary may prescribe such
regulations or other guidance as are necessary or
appropriate to carry out the purposes of this
subsection, including regulations or other guidance
which provide for--
``(A) the treatment of two or more persons as
members of a foreign controlled group of
entities if such persons would be the common
parent of such group if treated as one
corporation, and
``(B) the treatment of any member of a
foreign controlled group of entities as the
common parent of such group if such treatment
is appropriate taking into account the economic
relationships among such entities.''.
(b) Effective Date.--The amendment made by this section shall
apply to payments made after the date of the enactment of this
Act.
At the end of title XI, add the following new section:
SEC. 1331_. PREVENTION AND INVESTIGATION OF PAYMENT AND FRAUD AND
ERROR.
Section 1113(k) of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3413(k)) is amended to read as follows:
``(k) Disclosure Necessary for Proper Administration of
Programs of Certain Government Authorities.--
``(1) Disclosure to government authorities.--Nothing
in this title shall apply to the disclosure by the
financial institution of the financial records of any
customer to the Department of the Treasury, the Social
Security Administration, the Railroad Retirement Board,
or any other Government authority that certifies,
disburses, or collects payments, when the disclosure of
such information is necessary to, and such information
is used solely for the purposes of--
``(A) the proper administration of section
1441 of the Internal Revenue Code of 1986 (26
U.S.C. 1441);
``(B) the proper administration of title II
of the Social Security Act (42 U.S.C. 401 et
seq.);
``(C) the proper administration of the
Railroad Retirement Act of 1974 (45 U.S.C. 231
et seq.);
``(D) the verification of the identify of any
person in connection with the issuance of a
Federal payment or collection of funds by a
Government authority; or
``(E) the investigation or recovery of an
improper Federal payment or collection of
funds, or an improperly negotiated Treasury
check.
``(2) Limitations on subsequent disclosure.--
Notwithstanding any other provision of law, any request
authorized by paragraph (1), and the information
contained therein, may be used by the financial
institution and its agents solely for the purpose of
providing the customer's financial records to the
Government authority requesting the information and
shall be barred from redisclosure by the financial
institution or its agents. Any Government authority
receiving information pursuant to paragraph (1) may not
disclose or use the information except for the purposes
set forth in such paragraph.''.
[COMMODITY TITLE]
In section 1103(f)(3), strike subparagraph (B) and insert the
following new subparagraph:
(B) the final partial payment shall be made
the later of the following:
(i) As soon as practicable after the
end of the 12-month marketing year for
the covered commodity.
(ii) October 1 of the fiscal year
starting in the same calendar year as
the end of the marketing year.
In section 1104(h)(3), strike subparagraph (B) and insert the
following new subparagraph:
(B) the final partial payment shall be made
the later of the following:
(i) As soon as practicable after the
end of the 12-month marketing year for
the covered commodity.
(ii) October 1 of the fiscal year
starting in the same calendar year as
the end of the marketing year.
At the end of section 1407, add the following new subsection:
(d) Refund of Assessments on Imported Dairy Products.--
Section 113(g) of the Dairy Production Stabilization Act of
1983 (7 U.S.C. 4504(g)) is amended by adding at the end the
following:
``(7) Refund of assessments on certain imported
products.--
``(A) In general.--An importer is entitled to
a refund of any assessment paid under this
subsection on imported dairy products imported
under a contract entered into prior to July 26,
2007.
``(B) Expiration.--Refunds under paragraph
(A) shall expire one year after the date of the
enactment of the Farm, Nutrition, and Bioenergy
Act of 2007.''.
Page 116, line 25, strike ``16'' and insert ``18''.
Page 117, line 19, strike ``(2)(E)'' and insert ``(2)(C)''.
Page 117, line 24, strike ``institution'' and
``institutions''.
Page 150, line 18, strike ``2012'' and insert ``2011''.
[CONSERVATION TITLE]
Page 157, beginning line 22, strike subparagraph (C) relating
to annual survey funding.
In section 2101, add at the end the following new subsection:
(j) Exceptions to Early Termination.--Section 1235(e)(2) of
the Food Security Act of 1985 (16 U.S.C. 3835(e)(2)) is amended
by adding at the end the following new subparagraph:
``(D) Land enrolled under continuous
signup.''.
In section 2102(e), strike paragraph (3) and insert the
following new paragraph:
(3) by striking subsection (f) and inserting the
following new subsection:
``(f) Compensation.--Compensation for easements acquired by
the Secretary under this subchapter shall be made in cash in
such amount as agreed to and specified in the easement
agreement. Lands may be enrolled through the submission of bids
under a procedure established by the Secretary. Commendation
may be provided in not less than 5, nor more than 30, annual
payments of equal or unequal size, as agreed to by the owner
and the Secretary based on the following option that results in
the lowest amount of compensation to be paid by the Secretary:
``(1) A percentage of the fair market value based on
the Uniform Standards for Professional Appraisals
Procedures, as determined by the Secretary or a
percentage of the market value determined by an area-
wide market survey.
``(2) A geographic cap, prescribed in regulations
issued by the Secretary.
``(3) The offer made by the landowner.''; and
Page 194, line 10, strike ``or''.
Page 194, line 11, strike the period and insert ``; or''.
Page 194, after line 11, insert the following new clause:
``(iv) improve watershed health.''.
Page 206, after line 2, insert the following new subsection
(and redesignate the subsequent subsection as subsection (e)):
``(d) Air Quality.--Of the funds made available under
subsection (e)(1), the Secretary shall use $10,000,000 for
fiscal year 2008, $15,000,000 for fiscal year 2009, $30,000,000
for fiscal year 2010, $40,000,000 for fiscal year 2011, and
$55,000,000 for fiscal year 2012 to support air quality
improvements to help producers meet State and local regulatory
requirements related to air quality. Notwithstanding the
requirements under subsections (a) and (b), these funds shall
be made available to a State on the basis of air quality
concerns facing that producers in that State. The funds made
available shall be used to provide cost-share and incentive
payments to producers.''.
Page 206, beginning line 24, strike paragraph (4).
Page 209, line 17, insert after ``the Everglades,'' the
following: ``the Sacramento River watershed,''.
Page 219, line 23, strike ``or organizational purpose''.
Page 220, line 2, strike ``and technical ability''.
Page 220, beginning line 9, strike subparagraph (C).
Page 221, beginning line 1, strike subparagraphs (F) and (G).
Page 221, line 12, insert after ``eligible entity,'' the
following: ``other than a certified State,''.
Page 222, line 19, strike ``preserve'' and insert
``enforce''.
Page 238, line 13, strike ``$1,500,000,000'' and insert
``$1,250,000,000''.
Page 264, line 20, strike ``section 501(c)(2)'' and insert
``section 501(c)(3)''.
At the end of title II (page 272, after line 2), add the
following new section:
SEC. 2504. PILOT PROGRAM FOR FOUR-YEAR CROP ROTATION FOR PEANUTS.
(a) Contract Authority.--The Secretary of Agriculture shall
enter into a contract with a peanut producer under which the
producer will implement a four-year crop rotation for peanuts.
(b) Contract Payments.--Under the contract, the Secretary
shall pay to the producer a contract implementation payment, in
an amount determined to be appropriate by the Secretary.
(c) Funding.--For each of fiscal years 2008 through 2012, the
Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out the provisions
under this section, except that funding of the pilot program
may not exceed $10,000,000 in each of such fiscal years.
[TRADE TITLE]
Page 274, strike line 1 and all that follows through line 4
and insert the following:
(e) Food Aid Consultative Group.--
(1) Report to congress.--Section 205 of the
Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1725) is amended--
(A) by redesignating subsection (f) as
subsection (g); and
(B) by inserting after subsection (e) the
following new subsection:
``(f) Report to Congress.--
``(1) In general.--Not later than 180 days after the
date of the enactment of the Farm, Nutrition, and
Bioenergy Act of 2007, and annually thereafter until
December 31, 2012, the Administrator of the United
States Agency for International Development, in close
consultation with the Group, shall submit to the
appropriate congressional committees a report on
efforts taken by the United States Agency for
International Development and the Department of
Agriculture to develop a strategy under this section to
achieve an integrated and effective food assistance
program.
``(2) Appropriate congressional committees defined.--
In this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Foreign Affairs and
the Committee on Agriculture of the House of
Representatives; and
``(B) the Committee on Agriculture,
Nutrition, and Forestry of the Senate.''.
(2) Termination.--Such section is further amended in
subsection (g) (as redesignated by paragraph (1)(A)) by
striking ``2007'' and inserting ``2012''.
Page 275, line 14, insert ``paragraph'' before ``(1)''.
Page 275, after line 14, insert the following new paragraph:
``(3) Government accountability office.--Not later
than 270 days after the date of the submission of the
report under paragraph (2), the Comptroller General of
the United States shall submit to the appropriate
congressional committees a report that--
``(A) reviews and comments on the report
under paragraph (2); and
``(B) provides recommendations regarding any
additional actions necessary to improve the
monitoring and evaluation of assistance
provided under this title.''.
Page 275, line 15, strike ``(3)'' and insert ``(4)''.
Page 275, line 21, strike ``(4)'' and insert ``(5)''.
Page 276, line 3, strike the closing quotation marks and the
period at the end.
Page 276, after line 3, insert the following:
``(6) Appropriate congressional committees defined.--
In this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Foreign Affairs and
the Committee on Agriculture of the House of
Representatives; and
``(B) the Committee on Agriculture,
Nutrition, and Forestry of the Senate.''.
Page 276, after line 12, insert the following:
(1) by striking ``Funds'' and inserting ``(A) In
general.--Funds'';
Page 276, line 13, strike ``(1)'' and insert ``(2)''.
Page 276, line 14, strike ``and''.
Page 276, line 15, strike ``(2)'' and insert ``(3)''.
Page 276, line 16, strike the period at the end and insert
``; and''.
Page 276, after line 16, insert the following:
(4) by adding at the end the following new
subparagraph:
``(B) Additional prepositioning sites.--
``(i) Feasibility assessment.--On or
after the date of the enactment of the
Farm, Nutrition, and Bioenergy Act of
2007, the Administrator is authorized
to carry out assessments for the
establishment of not less than two
sites to determine the feasibility of
and costs associated with using such
sites for the purpose of storing and
handling agricultural commodities for
prepositioning in foreign countries.
``(ii) Establishment of sites.--Based
on the results of the assessments
carried out under clause (i), the
Administrator is authorized to
establish additional sites for pre-
positioning in foreign countries.
``(iii) Authorization of
appropriations.--To carry out this
subparagraph, there are authorized to
be appropriated to the Administrator
such sums as may be necessary for each
of the fiscal years 2008 through
2012.''.
Page 277, after line 16, insert the following:
(l) Authorization of Appropriations.--Subsection (a) of
section 412 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736f) is amended to read as
follows:
``(a) Authorization of Appropriations.--For each of the
fiscal years 2008 through 2012, there are authorized to be
appropriated to the President--
``(1) such sums as may be necessary to carry out the
concessional credit sales program established under
title I,
``(2) $2,500,000,000 to carry out the emergency and
non-emergency food assistance programs under title II,
and
``(3) such sums as may be necessary to carry out the
grant program established under title III,
including such amounts as may be required to make payments to
the Commodity Credit Corporation to the extent the Commodity
Credit Corporation is not reimbursed under the programs under
this Act for the actual costs incurred or to be incurred by
such Corporation in carrying out such programs.''.
Page 277, strike line 17 and all that follows through line 20
and insert the following:
(m) Micronutrient Fortification Programs.--
(1) Purpose.--Subsection (a)(2)(C) of section 415 of
the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1736g-2) is amended--
(A) by striking ``using the same mechanism
that was used to assess the micronutrient
fortification program in'' and inserting
``utilizing recommendations from''; and
(B) by striking ``with funds from the Bureau
for Humanitarian Response of the United States
Agency for International Development'' and
inserting ``with implementation by an
independent entity with proven impartiality and
a mechanism that incorporates the range of
stakeholders implementing programs under title
II of this Act as well as other food assistance
industry experts''.
(2) Termination of authority.--Subsection (d) of such
section is amended by striking ``2007'' and inserting
``2012''.
Page 277, line 21, strike ``(m)'' and insert ``(n)''.
Page 278, line 19, strike ``(n)'' and insert ``(o)''.
Page 279, after line 10, insert the following new clause (and
redesignate the subsequent clause as clause (iii)):
(ii) in paragraph (1), by striking
``3-year period'' and inserting ``6-
month period''.
Page 281, beginning line 9, strike subsection (c).
Page 284, strike line 6 and all that follows through line 10
and insert the following:
SEC. 3010. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
(a) Foreign Market Development Cooperator Program.--
Subsection (c) of section 702 of the Agricultural Trade Act of
1978 (7 U.S.C. 5722) is amended by striking ``Committee on
International Relations'' and inserting ``Committee on Foreign
Affairs''.
(b) Funding.--Subsection (a) of section 703 of such Act (7
U.S.C. 5723) is amended by striking ``2002 through 2007'' and
inserting ``2008 through 2012''.
Page 285, line 14, strike ``International Relations'' and
insert ``Foreign Affairs''.
Page 287, after line 7, insert the following:
SEC. 3015. REPORT ON EFFORTS TO IMPROVE PROCUREMENT PLANNING.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Administrator of the United
States Agency for International Development and the Secretary
of Agriculture shall submit to the appropriate congressional
committees a report on efforts taken by both the United States
Agency for International Development and the Department of
Agriculture to improve planning for food and transportation
procurement, including efforts to eliminate bunching of food
purchases.
(b) Contents.--The report required under subsection (a)
should include, among other things, a description of efforts
taken to--
(1) improve coordination of food purchases by the
United States Agency for International Development and
the Department of Agriculture;
(2) increase flexibility in procurement schedules;
(3) increase utilization of historical analyses and
forecasting; and
(4) improve and streamline legal claims processes for
resolving transportation disputes.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Committee on Agriculture of the House of
Representatives; and
(2) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
SEC. 3016. INTERNATIONAL DISASTER ASSISTANCE UNDER THE FOREIGN
ASSISTANCE ACT OF 1961.
For each of the fiscal years 2008 through 2012, of the
amounts made available to carry out section 491 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2292), not less than
$40,000,000 for each such fiscal year is authorized be made
available for the purposes of famine prevention and relief
under such section.
[NUTRITION TITLE]
Page 301, beginning on line 18, strike ``and Nutrition Act''
and insert ``Stamp''.
Page 303, line 14, insert ``a'' after ``in the event of''.
Page 306, line 10, insert ``(or fails to address)'' after
``addresses''.
Page 310, line 25, strike ``after paragraph'' and insert
``inserting after subsection''.
Page 312, line 12, strike ``redeem,'' and insert ``redeem''.
Page 319, line 17, strike ``verification of'' and insert
``verification or''.
Page 323, strike lines 4 and 5, and insert the following:
(ii) by striking ``finding of a
violation and the'' and inserting
``finding of a violation,''.
Page 323, line 22, strike ``years.'' and insert ``years''.
Page 324, line 21, strike lines 19 through 21, and insert the
following:
``(c) Treatment of Disqualification and Penalty
Determinations.--The action''.
Page 325, line 24, insert ``is'' before ``not upheld''.
Page 330, line 19, strike ``low income'' and insert ``low-
income''.
Page 332, line 14, insert ``and particularly children, as
well as the feasibility of replicating these programs in other
locations'' after `` persons''.
Page 333, after line 22, insert the following:
``(iv) strategies to improve the
nutritional value of food served during
school hours and during after-school
hours;
``(v) innovative ways to provide
significant improvement to the health
and wellness of children;''.
Page 333, line 23, strike ``(iv)'' and insert ``(vi)''.
Page 336, line 16, strike ``paragraph'' and insert
``subsection''.
Page 340, line 16, strike ``Action'' and insert ``Act''.
Page 345, line 22, strike ``(a) Amendment.--''.
[CREDIT TITLE]
In section 304(c)(2)(B) of the Consolidated Farm and Rural
Development Act, as proposed to be added by section 5001 of the
bill, strike ``$1,000,000'' and insert ``$1,000,000,000''.
In section 310F(b)(1)(C) of the Consolidated Farm and Rural
Development Act, as proposed to be added by section 5004 of the
bill, strike ``be at'' and insert ``be, at''.
At the end of subtitle A of title V, insert the following:
SEC. 5005. LOANS TO PURCHASERS OF HIGHLY FRACTIONED LANDS.
Section 1 of Public Law 91-229 (25 U.S.C. 488) is amended by
adding at the end the following: ``The Secretary of Agriculture
may make and insure loans as provided in section 309 of the
Consolidated Farm and Rural Development Act to eligible
purchasers of highly fractionated land pursuant to section
204(c) of the Indian Land Consolidation Act. Section 4 of this
Act shall not apply to trust or restricted tribal or tribal
corporation property mortgaged pursuant to the preceding
sentence.''.
In section 1.9(4) of the Farm Credit Act of 1971, as proposed
to be added by section 5031(a)(1)(C) of the bill, strike
``under this title to a person'' and insert ``to a person made
eligible under this paragraph if the person is''.
In section 2.4(a)(4) of the Farm Credit Act of 1971, as
proposed to be added by section 5031(b)(3) of the bill, strike
``under this title to a person'' and insert ``to a person made
eligible under this paragraph if the person is''.
Strike section 5040.
[RURAL DEVELOPMENT TITLE]
In section 6009(a)(3), strike ``subparagraphs (D) and (F)''
and insert ``subparagraph (D)'', and strike ``and'' after the
semicolon.
In section 6009(a)(4), strike ``adding at the end'' and
insert ``inserting after subparagraph (D) (as so
redesignated)'', and strike the period after the subparagraph
(E) proposed to be added and insert ``; and''.
In subparagraph (E) of section 310B(e)(5) of the Consolidated
Farm and Rural Development Act, as proposed to be added by
section 6009(a)(4) of the bill, strike the period and insert
``; and''.
At the end of section 6009(a), insert the following:
(5) in subparagraph (F), by striking ``greater than''
the 1st place it appears.
In section 310B(i)(2) of the Consolidated Farm and Rural
Development Act, as proposed to be added by section 6011 of the
bill, strike ``the'' after ``help''.
In section 601(c)(3)(A)(ii) of the Rural Electrification Act
of 1936, as proposed to be added by section 6023(b)(2) of the
bill, strike ``services'' and insert ``service''.
In section 601(l)(4)(A) of the Rural Electrification Act of
1936, as proposed to be added by section 6023(i) of the bill,
strike ``(b)'' each place it appears and insert ``(d)''.
[RESEARCH TITLE]
Page 456, line 10, strike ``(c)'' and insert ``(e)''.
Page 456, lines 14 and 15, strike ``or otherwise
administered''.
Page 456, lines 17 and 18, strike ``except as provided under
subsection (a)(14)''.
Page 458, line 7, insert ``and universities'' after
``colleges''.
Page 459, line 2, insert ``and university'' before the
period.
Page 459, line 3, insert ``and university'' before the
quotation marks.
Page 459, line 4, strike ``a'' and insert ``an''.
Page 459, line 5, strike ``as defined'' and all that follows
through line 7 and insert ``; and''.
Page 459, strike lines 8 through 10, and insert the
following:
(b) offers associate, bachelor's, or other
accredited degree programs in agricultural
related fields, as determined by the Secretary.
Page 470, lines 9 and 10, strike ``(8) and (12)'' and insert
``(7) and (11)''.
Page 474, line 17, insert ``for Research, Education, and
Economics'' after ``Secretary''.
Page 477, line 21, insert ``, except that section 401(b)(3)
of such Act shall not be repealed and shall remain in effect''
before the period.
Page 477, line 24, strike ``(c)'' and insert ``(d)''.
Page 495, line 10, insert ``to'' before ``acquire''.
Page 497, line 10, strike ``as defined'' and all that follows
through line 12, and insert ``; and''.
Page 497, line 15, insert ``, as determined by the
Secretary'' before the period.
Page 498, line 17, strike ``of Agriculture''.
Page 499, lines 13 and 14, strike ``of the Treasury''.
Page 500, line 7, strike ``section'' and insert
``paragraph''.
Page 501, line 24, strike ``of Agriculture''.
Page 502, line 4, strike ``of Agriculture''.
Page 502, line 12, insert ``Extension'' after ``(b)''.
Page 502, line 18, strike ``section 4'' and insert
``subparagraph (D)''.
Page 504, line 3, insert ``, as defined in section 1456 of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3289)'' after ``universities''.
Page 504, line 7, insert ``, as defined in section 1456 of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3289)'' after ``universities''.
Page 504, line 11, insert ``, as defined in section 1456 of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3289)'' after ``universities''.
Page 506, line 1, strike ``RESEARCH FACILITIES'' and insert
``ASSISTANCE PROGRAMS''.
Page 507, after line 6, insert the following new sections:
SEC. 7234. HISPANIC SERVING INSTITUTIONS.
The text of section 1404 of the Research Act of 1977 is
amended to read as follows: ``The term `Hispanic Serving
Institution' has the meaning given that term in section
502(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)(5).''.
SEC. 7235. SPECIALTY CROPS POLICY RESEARCH INSTITUTE.
Section 1419A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3155) is
amended by adding at the end the following:
``(e) Specialty Crops Policy Research Institute.--
``(1) Establishment.--The Food Agricultural Policy
Research Institute shall establish a satellite
institute, called the Specialty Crops Policy Research
Institute, hereinafter referred to as the Institute, at
accredited research universities within States with
significant specialty crop industries to fulfill the
objectives described in subsection (e)(3) of this
section.
``(2) Management.--The Institute shall be coordinated
and managed by an appointed university and will have
the discretion to coordinate and facilitate the
Institute's economic and policy research activities and
those of additional member universities and
institutions.
``(3) Institute objectives.--Consistent with the
provisions of subsections (a) and (c) of this section,
the Institute shall--
``(A) produce and disseminate analysis of the
specialty crop sector, including the impact of
changes in domestic and international markets,
production, new product technologies, web-based
risk management tools, alternative policies and
macroeconomic conditions on specialty crop
production, use, farm and retail prices, and
farm income and financial stability from a
national, regional, and farm-level perspective;
and
``(B) produce and disseminate an annual
review of the economic state of the specialty
crop industry nationally, regionally, and by-
state.
``(4) Authorization of appropriation.--There are
authorized to be appropriated such sums as are
necessary in each fiscal year through 2012 to carry out
this section.''.
Page 521, line 12, insert ``section 103 of the Agricultural
Research, Extension, and Education Reform Act of 1998'' after
``with''.
Page 522, line 19, insert ``note'' after ``1621''.
Page 523, line 13, strike ``and''.
Page 523, after line 14, insert the following:
(G) policy and marketing; and
(H) specialty crop pollination;
Page 531, line 12, strike ``and''.
Page 531, line 14, strike the period and insert ``; and''.
Page 531, after line 14, insert the following:
(3) in subsection (c), by striking ``such sums may be
used to pay'' and all that follows through ``work.''.
Page 531, strike lines 15 through 25.
Page 533, strike ``1444 and''.
Page 541, strike lines 11 through 17.
[FORESTRY TITLE]
Page 548, beginning line 4, strike subparagraph (E).
Page 549, beginning line 1, strike clause (viii) and insert
the following new clause:
``(viii) A representative from a
State Technical Committee established
under section 1261 of the Food Security
Act of 1985 (16 U.S.C. 3861).''.
Page 549, line 24, strike ``sections 8005 and 8006'' and
insert ``sections 8006 and 8007''.
Page 551, line 14, strike ``three'' and insert ``3''.
Page 553, line 12, strike ``$17,000,000'' and insert
``$10,000,000''.
Page 557, after line 2, insert the following new subsection
(and redesignate the subsequent subsection as subsection (d)):
(c) Definition of Hispanic-Serving Institution.--In this
section, the term ``Hispanic-serving institution'' has the
meaning given that term in section 502(a)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1101a(a)(5)).
[ENERGY TITLE]
Page 564, after line 19 insert the following new paragraph:
(5) in paragraph (2)(B) of subsection (f) (as so
redesignated)--
(A) in clause (viii), by striking ``and'' at
the end;
(B) in clause ix, by striking ``approaches.''
and inserting ``approaches; and''; and
(C) by adding at the end the following new
clause:
``(x) whether the impact the
distribution of funds would have on
existing manufacturing and other
facilities that utilize similar
feedstocks would be minimal.''.
Page 597, after line 25 insert the following new paragraph:
(E) by adding at the end the following new
paragraph:
``(8) Renewal of contracts.--When considering the
renewal of a contract under this section, the Secretary
shall review such contract to determine whether the
production of bioenergy at the facility under contract
is economically viable and reconsider the need for the
contract based on that determination.''.
In section 9002, strike subsection (d) and insert the
following new subsection:
(d) Authorization of Appropriations.--Paragraph (1) of
section 9002(k) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8102(k)) is amended to read as follows:
``(1) Authorization of appropriations.--
``(A) Federal procurement.--There are
authorized to be appropriated $1,000,000 for
each of fiscal years 2008 through 2013 to
implement the provisions of this section other
than subsection (h).
``(B) Labeling.--There are authorized to be
appropriated $1,000,000 for each of fiscal
years 2008 through 2013 to implement subsection
(h) of this section.''.
In section 9002(f), strike paragraph (3).
Page 598, line 4, strike ``Section'' and insert:
(a) Western Insular Pacific Center.--Section 9011(d) is
amended by adding at the end the following new paragraph:
``(6) Western insular pacific center.--A western
insular pacific center at the University of Hawaii for
the region of Alaska, Hawaii, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the
Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau.''.
(b) Authorization of Appropriations.--Section
Strike section 9014.
[HORTICULTURE TITLE]
Section 10102 is amended by adding at the end the following
new subsection:
(e) Definition of State.--Section 3(2) of the Specialty Crops
Competitiveness Act of 2004 (Public Law 108-465; 7 U.S.C. 1621
note) is amended by striking ``and the Commonwealth of Puerto
Rico'' and inserting ``the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands''.
In section 209(e)(2) of the Agricultural Marketing Act of
1946, as proposed to be added by section 10108 of the bill,
strike ``authorized'' and insert ``authorize''.
In section 10201(j), strike ``fo'' and insert ``of''.
In section 7407(b) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 5925c(b)), as amended by section 10302 of
the bill, strike ``of funds of the Commodity'' and insert ``of
the funds of the Commodity''.
In the heading of section 10404, strike ``FARMERS' MARKET
PROMOTION PROGRAM'' and insert ``FARMER MARKETING ASSISTANCE
PROGRAM''.
Section 6(f)(1) of the Farmer-to-Consumer Direct Marketing
Act of 1976, as added by section 10404 of the bill, is amended
by striking ``Secretary of Agriculture use'' and inserting
``Secretary of Agriculture shall use''.
Section 6(f)(1)(A) of the Farmer-to-Consumer Direct Marketing
Act of 1976, as added by section 10404 of the bill, is amended
by striking ``fiscals year'' and inserting ``fiscal years''.
At the end of subtitle E of title X add the following new
section:
SEC. __. HEALTHY FOOD URBAN ENTERPRISE DEVELOPMENT PROGRAM.
(a) Purpose.--The purpose of this section is to support farm
and ranch income by significantly enhancing a producer's share
of the final retail product price through improved access to
competitive processing and distribution systems which deliver
affordable, locally and regionally produced foods to consumers,
and improve food access in underserved communities.
(b) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
includes--
(A) a small or midsized processor,
distributor, wholesaler, or retail food outlet;
(B) a group of producers operating as a
legally recognized marketing alliance;
(C) a producer-owned cooperative;
(D) a nonprofit organization;
(E) an economic development or community
development corporation;
(F) a unit of State or local government; and
(G) an academic institution.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
(3) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(4) Socially disadvantaged farmer or rancher.--The
term ``socially disadvantaged farmer or rancher'' has
the meaning given the term in section 355(e) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
2003(e)).
(5) Underserved community.--The term ``underserved
community'' includes any community that may have, as
determined by the Secretary--
(A) limited access to affordable, healthy
foods, including fresh fruits and vegetables,
in grocery retail stores or farmer-to-consumer
direct markets;
(B) high incidences of diet-related diseases,
including obesity;
(C) high rates of hunger or food insecurity;
or
(D) severe or persistent poverty in urban or
rural communities, including Indian tribal
communities.
(c) Grant Program.--
(1) Establishment.--The Secretary, acting through the
head of the market services branch of the Agricultural
Marketing Service, shall establish a program under
which the Secretary shall provide grants, on a
competitive basis, to eligible entities to conduct
enterprise feasibility studies (including studies of
consumer preference), in accordance with the purpose of
this section.
(2) Application.--To be eligible to receive a grant
under this subsection, an eligible entity shall submit
to the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require.
(3) Coordination with other agencies.--In carrying
out the program under this subsection, the Secretary
shall coordinate, with respect to the development of
the program and reviews of grant applications, with--
(A) the Cooperative State Research,
Education, and Extension Service; and
(B) the Rural Business Cooperative Service.
(4) Priority.--In providing grants under this
subsection, the Secretary shall give priority to
applications with proposed projects that--
(A) include features effectively targeting
participation by socially disadvantaged farmers
or ranchers or beginning farmers or ranchers;
(B) increase employment opportunities in
underserved communities;
(C) support small and mid-sized farm
viability and increase farming opportunities;
or
(D) establish and maintain satisfactory
environmental and labor standards, including
worker protection.
(5) Maximum amount.--The amount of a grant provided
under this subsection shall not exceed $250,000.
(6) Term.--A grant provided under this subsection
shall have a term of not more than 3 years.
(7) Reports.--
(A) In general.--Each eligible entity that
receives a grant under this subsection shall
submit to the Secretary an annual report
describing the results and progress of each
feasibility study to ensure sufficient progress
is achieved with respect to the goals of the
projects carried out by the eligible entity.
(B) Public availability.--The Secretary shall
ensure that any information contained in a
report under subparagraph (A) relating to
consumer preference or producer availability is
made available to the public.
(8) Funding.--There are authorized to be appropriated
such sums as are necessary for each of fiscal years
2008 through 2012 to carry out this section.
(d) Grant Program Requirements.--
(1) Technical assistance and outreach.--
(A) In general.--The Secretary shall--
(i) provide to the public information
relating to the grant programs under
this section; and
(ii) provide technical assistance
to--
(I) socially disadvantaged
farmers or ranchers;
(II) Indian tribal
organizations;
(III) low-income populations;
and
(IV) other underserved
communities and producers.
(B) Service providers.--In carrying out
subparagraph (A), the Secretary may enter into
contracts, on a competitive basis, with
entities that, as determined by the Secretary--
(i) demonstrate experience in serving
socially disadvantaged farmers or
ranchers and other underserved
communities and producers;
(ii) include, in the governance
structure of the entity, 2 or more
members representing the targeted
communities served by the entity; and
(iii) will share information
developed or used by the entity with--
(I) researchers;
(II) practitioners; and
(III) other interested
parties.
(2) Limitations.--For purposes of the programs under
this section, the Secretary--
(A) shall not give preference to any entity
based on an agricultural commodity produced or
supported by the entity; and
(B) shall encourage, to the maximum extent
practicable, projects that use infrastructure
efficiently for more than 1 agricultural
product.
(3) Report.--Not less frequently than once each year,
the Secretary shall submit to Congress a report that
describes the programs (including the level of
participation in each program) under this section,
including information relating to--
(A) projects carried out under this section;
(B) characteristics of the agricultural
producers and communities served by the
projects;
(C) the benefits of the projects;
(D) data necessary to comply with--
(i) section 2501A of the Food,
Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279-1); or
(ii) section 8(b)(5)(B) of the Soil
Conservation and Domestic Allotment Act
(16 U.S.C. 590h(b)(5)); and
(E) outreach and technical assistance
activities carried out by the Secretary under
paragraph (1).
Strike section 10401.
[MISCELLANEOUS TITLE]
Strike section 11105.
Page 683, line 23, strike ``production'' and insert
``production.''.
Page 684, strike line 5 through page 685, line 9 and insert
the following:
``(3) Yield determination based on county actual
production history.--If an agricultural commodity
ineligible for insurance as described in paragraph (2)
is planted for 4 years, beginning with the fifth year
in which the commodity is planted, the producer of the
commodity may procure crop insurance for the commodity
under this title. The yield for such crop insurance
shall be determined only--
``(A) by using the actual production history
for the farm; and
``(B) for each year in which the farm does
not have an actual production history, by using
the average actual production history for the
commodity in the county in which the farm is
located.''.
Page 685, line 20: strike ``that'' and insert ``than''.
At the end of subtitle A of title XI (page 687, after line
19), add the following new sections:
SEC. 11013. NATIONAL DROUGHT COUNCIL AND DROUGHT PREPAREDNESS PLANS.
(a) Definitions.--In this section:
(1) Council.--The term ``Council'' means the National
Drought Council established by this section.
(2) Critical service provider.--The term ``critical
service provider'' means an entity that provides power,
water (including water provided by an irrigation
organization or facility), sewer services, or
wastewater treatment.
(3) Drought.--The term ``drought'' means a natural
disaster that is caused by a deficiency in
precipitation--
(A) that may lead to a deficiency in surface
and subsurface water supplies (including
rivers, streams, wetlands, ground water, soil
moisture, reservoir supplies, lake levels, and
snow pack); and
(B) that causes or may cause--
(i) substantial economic or social
impacts; or
(ii) physical damage or injury to
individuals, property, or the
environment.
(4) Fund.--The term ``Fund'' means the Drought
Assistance Fund established by this section.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
(6) Interstate watershed.--The term ``interstate
watershed'' means a watershed that transcends State or
Tribal boundaries, or both.
(7) Member.--The term ``member'', with respect to the
National Drought Council, means a member of the Council
specified or appointed under this section or, in the
absence of the member, the member's designee.
(8) Mitigation.--The term ``mitigation'' means a
short- or long-term action, program, or policy that is
implemented in advance of or during a drought to
minimize any risks and impacts of drought.
(9) Neighboring country.--The term ``neighboring
country'' means Canada and Mexico.
(10) Office.--The term ``Office'' means the National
Office of Drought Preparedness established under this
section.
(11) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(12) State.--The term ``State'' means the several
States, the District of Columbia, American Samoa, Guam,
the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, and the United States
Virgin Islands.
(13) Trigger.--The term ``trigger'' means the
thresholds or criteria that must be satisfied before
mitigation or emergency assistance may be provided to
an area--
(A) in which drought is emerging; or
(B) that is experiencing a drought.
(14) Under secretary.--The term ``Under Secretary''
means the Under Secretary of Agriculture for Natural
Resources and Environment.
(15) Watershed.--The term ``watershed'' means a
region or area with common hydrology, an area drained
by a waterway that drains into a lake or reservoir, the
total area above a given point on a stream that
contributes water to the flow at that point, or the
topographic dividing line from which surface streams
flow in two different directions. In no case shall a
watershed be larger than a river basin.
(16) Watershed group.--The term ``watershed group''
means a group of individuals, formally recognized by
the appropriate State or States, who represent the
broad scope of relevant interests within a watershed
and who work together in a collaborative manner to
jointly plan the management of the natural resources
contained within the watershed.
(b) Effect of Section.--This section does not affect--
(1) the authority of a State to allocate quantities
of water under the jurisdiction of the State; or
(2) any State water rights established as of the date
of enactment of this Act.
(c) National Drought Council.--
(1) Establishment.--There is established in the
Office of the Secretary of Agriculture a council to be
known as the ``National Drought Council''.
(2) Membership.--
(A) Composition.--The Council shall be
composed of--
(i) the Secretary (or the designee of
the Secretary);
(ii) the Secretary of Commerce (or
the designee of the Secretary of
Commerce);
(iii) the Secretary of the Army (or
the designee of the Secretary of the
Army);
(iv) the Secretary of the Interior
(or the designee of the Secretary of
the Interior);
(v) the Director of the Federal
Emergency Management Agency (or the
designee of the Director);
(vi) the Administrator of the
Environmental Protection Agency (or the
designee of the Administrator);
(vii) 4 members appointed by the
Secretary, in coordination with the
National Governors Association, each of
whom shall be the Governor of a State
(or the designee of the Governor) and
who collectively shall represent the
geographic diversity of the Nation;
(viii) 1 member appointed by the
Secretary, in coordination with the
National Association of Counties;
(ix) 1 member appointed by the
Secretary, in coordination with the
United States Conference of Mayors;
(x) 1 member appointed by the
Secretary of the Interior, in
coordination with Indian tribes, to
represent the interests of tribal
governments; and
(xi) 1 member appointed by the
Secretary, in coordination with the
National Association of Conservation
Districts, to represent local soil and
water conservation districts.
(B) Date of appointment.--The appointment of
each member of the Council shall be made not
later than 120 days after the date of enactment
of this Act.
(3) Term; vacancies.--
(A) Term.--A non-Federal member of the
Council appointed under paragraph (2) shall be
appointed for a term of two years.
(B) Vacancies.--A vacancy on the Council--
(i) shall not affect the powers of
the Council; and
(ii) shall be filled in the same
manner as the original appointment was
made.
(C) Terms of members filling vacancies.--Any
member appointed to fill a vacancy occurring
before the expiration of the term for which the
member's predecessor was appointed shall be
appointed only for the remainder of that term.
(4) Meetings.--
(A) In general.--The Council shall meet at
the call of the co-chairs.
(B) Frequency.--The Council shall meet at
least semiannually.
(5) Quorum.--A majority of the members of the Council
shall constitute a quorum, but a lesser number may hold
hearings or conduct other business.
(6) Council leadership.--
(A) In general.--There shall be a Federal co-
chair and non-Federal co-chair of the Council.
(B) Appointment.--
(i) Federal co-chair.--The Secretary
shall be Federal co-chair.
(ii) Non-federal co-chair.--The non-
Federal members of the Council shall
select, on a biannual basis, a non-
Federal co-chair of the Council from
among the members appointed under
paragraph (2)
(7) Director of the office.--
(A) In general.--The Director of the Office
shall serve as Secretary of the Council.
(B) Duties.--The Director of the Office shall
serve the interests of all members of the
Council.
(d) Duties of the Council.--
(1) In general.--The Council shall--
(A) not later than one year after the date of
the first meeting of the Council, develop a
comprehensive National Drought Policy Action
Plan that--
(i)(I) delineates and integrates
responsibilities for activities
relating to drought (including drought
preparedness, mitigation, research,
risk management, training, and
emergency relief) among Federal
agencies; and
(II) ensures that those activities
are coordinated with the activities of
the States, local governments, Indian
tribes, and neighboring countries;
(ii) is consistent with--
(I) this Act and other
applicable Federal laws; and
(II) the laws and policies of
the States for water
management;
(iii) is integrated with drought
management programs of the States,
Indian tribes, local governments,
watershed groups, and private entities;
and
(iv) avoids duplicating Federal,
State, tribal, local, watershed, and
private drought preparedness and
monitoring programs in existence on the
date of enactment of this Act;
(B) evaluate Federal drought-related programs
in existence on the date of enactment of this
Act and make recommendations to Congress and
the President on means of eliminating--
(i) discrepancies between the goals
of the programs and actual service
delivery;
(ii) duplication among programs; and
(iii) any other circumstances that
interfere with the effective operation
of the programs;
(C) make recommendations to the President,
Congress, and appropriate Federal Agencies on--
(i) the establishment of common
interagency triggers for authorizing
Federal drought mitigation programs;
and
(ii) improving the consistency and
fairness of assistance among Federal
drought relief programs;
(D) encourage and facilitate the development
of drought preparedness plans under subtitle C,
including establishing the guidelines under
this section;
(E) based on a review of drought preparedness
plans, develop and make available to the public
drought planning models to reduce water
resource conflicts relating to water
conservation and droughts;
(F) develop and coordinate public awareness
activities to provide the public with access to
understandable, and informative materials on
drought, including--
(i) explanations of the causes of
drought, the impacts of drought, and
the damages from drought;
(ii) descriptions of the value and
benefits of land stewardship to reduce
the impacts of drought and to protect
the environment;
(iii) clear instructions for
appropriate responses to drought,
including water conservation, water
reuse, and detection and elimination of
water leaks;
(iv) information on State and local
laws applicable to drought; and
(v) opportunities for assistance to
resource-dependent businesses and
industries in times of drought; and
(G) establish operating procedures for the
Council.
(2) Consultation.--In carrying out this subsection,
the Council shall consult with groups affected by
drought emergencies.
(3) Reports to congress.--
(A) Annual report.--
(i) In general.--Not later than one
year after the date of the first
meeting of the Council, and annually
thereafter, the Council shall submit to
Congress a report on the activities
carried out under this section.
(ii) Inclusions.--
(I) In general.--The annual
report shall include a summary
of drought preparedness plans.
(II) Initial report.--The
initial report submitted under
subparagraph (A) shall include
any recommendations of the
Council.
(B) Final report.--Not later than seven years
after the date of enactment of this Act, the
Council shall submit to Congress a report that
recommends--
(i) amendments to this section; and
(ii) whether the Council should
continue.
(e) Powers of the Council.--
(1) Hearings.--The Council may hold hearings, meet
and act at any time and place, take any testimony and
receive any evidence that the Council considers
advisable to carry out this section.
(2) Information from federal agencies.--
(A) In general.--The Council may obtain
directly from any Federal agency any
information that the Council considers
necessary to carry out this section.
(B) Provision of information.--
(i) In general.--Except as provided
in clause (ii), on request of the
Secretary or the non-Federal co-chair
of the Council, the head of a Federal
agency may provide information to the
Council.
(ii) Limitation.--The head of a
Federal agency shall not provide any
information to the Council that the
Federal agency head determines the
disclosure of which may cause harm to
national security interests.
(3) Postal services.--The Council may use the United
States mail in the same manner and under the same
conditions as other agencies of the Federal Government.
(4) Gifts.--The Council may accept, use, and dispose
of gifts or donations of services or property.
(f) Council Personnel Matters.--
(1) Compensation of members.--
(A) Non-federal employees.--A member of the
Council who is not an officer or employee of
the Federal Government shall serve without
compensation.
(B) Federal employees.--A member of the
Council who is an officer or employee of the
United States shall serve without compensation
in addition to the compensation received for
services of the member as an officer or
employee of the Federal Government.
(2) Travel expenses.--A member of the Council shall
be allowed travel expenses at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the
home or regular place of business of the member in the
performance of the duties of the Council.
(g) Termination of Council.--The Council shall terminate at
the end of the eighth fiscal year beginning on or after the
date of the enactment of this Act.
(h) National Office of Drought Preparedness.--
(1) Establishment.--The Secretary shall establish an
office to be known as the ``National Office of Drought
Preparedness'' to provide assistance to the Council.
(2) Director of the office.--
(A) Appointment.--
(i) In general.--The Under Secretary
shall appoint a Director of the Office
under sections 3371 through 3375 of
title 5, United States Code.
(ii) Qualifications.--The Director of
the Office shall be a person who has
experience in--
(I) public administration;
and
(II) drought mitigation or
drought management.
(B) Powers.--The Director of the Office may
hire such other additional personnel or
contract for services with other entities as
necessary to carry out the duties of the
Office.
(3) Detail of government employees.--
(A) In general.--Except for the requirements
of section 204, an employee of the Federal
Government may be detailed to the Office
without reimbursement, unless the Secretary, on
the recommendation of the Director of the
Office, determines that reimbursement is
appropriate.
(B) Civil service status.--The detail of an
employee shall be without interruption or loss
of civil service status or privilege.
(i) Drought Assistance Fund.--
(1) Establishment.--There is established within the
Department of Agriculture a fund to be known as the
``Drought Assistance Fund''.
(2) Purpose.--The Fund shall be used to pay the costs
of--
(A) providing technical and financial
assistance (including grants and cooperative
assistance) to States, Indian tribes, local
governments, watershed groups, and critical
service providers for the development and
implementation of drought preparedness plans;
(B) providing to States, Indian tribes, local
governments, watershed groups, and critical
service providers the Federal share, as
determined by the Secretary, in consultation
with the other members of the Council, of the
cost of mitigating the overall risk and impacts
of droughts;
(C) assisting States, Indian tribes, local
governments, watershed groups, and critical
service providers in the development of
mitigation measures to address environmental,
economic, and human health and safety issues
relating to drought; and
(D) expanding the technology transfer of
drought and water conservation strategies and
innovative water supply techniques.
(3) Guidelines.--
(A) In general.--The Secretary, in
consultation with the non-Federal co-chair of
the Council and with the concurrence of the
Council, shall develop and promulgate
guidelines to implement this subsection.
(B) Requirements.--The guidelines shall
address the following:
(i) Ensure the distribution of
amounts from the Fund within a
reasonable period of time.
(ii) Take into consideration regional
differences.
(iii) Take into consideration all
impacts of drought in a balanced
manner.
(iv) Prohibit the use of amounts from
the Fund for Federal salaries that are
not directly related to the provision
of drought assistance.
(v) Require that distribution of
amounts from the Fund granted to
States, local governments, watershed
groups, and critical service providers
to meet the requirements of this
subsection be coordinated with and
managed by the State in which such
local government or critical service
provider is located, consistent with
the drought preparedness priorities and
relevant water management plans within
the State.
(vi) Require that distribution of
amounts from the Fund granted to Indian
tribes to meet the requirements of this
subsection be used to implement plans
that are, to the extent practicable, in
coordination with each State in which
lands of the Indian tribe are located
and consistent with existing drought
preparedness and water management plans
of such States.
(vii) Require that a State, Indian
tribe, local government, watershed
group, or critical service provider
that receives Federal funds under
paragraph (2) or (3) of subsection (b)
cover not less than 25 percent of the
overall cost incurred in carrying out
the project for which the Federal funds
are provided. This cost sharing
requirement may be satisfied using non-
Federal grants or cash donations made
by non-Federal third parties.
(4) Special requirement for interstate watersheds.--
(A) Development of drought preparedness
plans.--In order to receive funds under this
subsection to develop drought preparedness
plans for interstate watersheds, the guidelines
shall also require the relevant States, Indian
tribes, or both, in which the watershed is
located, to coordinate in the development of
the drought preparedness plan. The development
of such plans shall--
(i) be consistent with the relevant
States' and Tribal water laws,
policies, and agreements;
(ii) be consistent and coordinated
with any existing interstate stream
compacts;
(iii) include the participation of
any relevant watershed groups located
in the relevant States, Indian tribes,
or both; and
(iv) recognize that implementation of
the interstate drought preparedness
plan will involve further coordination
among the relevant States, Indian
tribes, or both, except that each State
and Indian tribe has sole jurisdiction
over implementation of that portion of
the watershed that exists within their
boundaries.
(B) Implementation of drought preparedness
plans.--In order to receive funds under this
subsection to implement drought preparedness
plans for interstate watersheds, the guidelines
shall also require, to the extent practicable,
the relevant States, Indian tribes, or both, in
which the watershed is located, to coordinate
in the implementation of the drought
preparedness plan, recognizing the sovereignty
of the States and Indian tribes. Implementation
of interstate drought preparedness plans
shall--
(i) be contingent upon the existence
of a drought preparedness plan, but not
require the distribution of funds to
all States and Indian tribes in which
the watershed is located;
(ii) consider the level of impact
within the watershed on each of the
relevant States, Indian tribes, or
both; and
(iii) not impede on State water
rights established as of the date of
enactment of this Act.
(j) Drought Preparedness Plans.--
(1) In general.--The Secretary shall--
(A) with the concurrence of the Council,
jointly develop guidelines for administering a
national program to provide technical and
financial assistance to States, Indian tribes,
local governments, watershed groups, and
critical service providers for the development,
maintenance, and implementation of drought
preparedness plans; and
(B) promulgate the guidelines developed under
subparagraph (A).
(2) Requirements.--To build on the experience and
avoid duplication of efforts of Federal, State, local,
tribal, and regional drought plans in existence on the
date of enactment of this Act, the guidelines may
recognize and incorporate those plans.
(3) Federal plans.--
(A) In general.--The Secretary and other
appropriate Federal agency heads shall develop
and implement Federal drought preparedness
plans for agencies under the jurisdiction of
the appropriate Federal agency head.
(B) Requirements.--The Federal plans--
(i) shall be integrated with each
other;
(ii) may be included as components of
other Federal planning requirements;
(iii) shall be integrated with
drought preparedness plans of State,
tribal, and local governments that are
affected by Federal projects and
programs; and
(iv) shall be completed not later
than two years after the date of the
enactment of this Act.
(4) State and tribal plans.--States and Indian tribes
may develop and implement State and tribal drought
preparedness plans that--
(A) address monitoring of resource conditions
that are related to drought;
(B) identify areas that are at a high risk
for drought;
(C) describes mitigation strategies to
address and reduce the vulnerability of an area
to drought; and
(D) are integrated with State, tribal, and
local water plans in existence on the date of
enactment of this Act.
(5) Regional and local plans.--Local governments,
watershed groups, and regional water providers may
develop and implement drought preparedness plans that--
(A) address monitoring of resource conditions
that are related to drought;
(B) identify areas that are at a high risk
for drought;
(C) describe mitigation strategies to address
and reduce the vulnerability of an area to
drought; and
(D) are integrated with corresponding State
plans.
(6) Plan elements.--A drought preparedness plan--
(A) shall be consistent with Federal and
State laws, contracts, and policies;
(B) shall allow each State to continue to
manage water and wildlife in the State;
(C) shall address the health, safety, and
economic interests of those persons directly
affected by drought;
(D) shall address the economic impact on
resource-dependent businesses and industries,
including regional tourism;
(E) may include--
(i) provisions for water management
strategies to be used during various
drought or water shortage thresholds,
consistent with State water law;
(ii) provisions to address key issues
relating to drought (including public
health, safety, economic factors, and
environmental issues such as water
quality, water quantity, protection of
threatened and endangered species, and
fire management);
(iii) provisions that allow for
public participation in the
development, adoption, and
implementation of drought plans;
(iv) provisions for periodic drought
exercises, revisions, and updates;
(v) a hydrologic characterization
study to determine how water is being
used during times of normal water
supply availability to anticipate the
types of drought mitigation actions
that would most effectively improve
water management during a drought;
(vi) drought triggers;
(vii) specific implementation actions
for droughts;
(viii) a water shortage allocation
plan, consistent with State water law;
and
(ix) comprehensive insurance and
financial strategies to manage the
risks and financial impacts of
droughts; and
(F) shall take into consideration--
(i) the financial impact of the plan
on the ability of the utilities to
ensure rate stability and revenue
stream; and
(ii) economic impacts from water
shortages.
(k) Authorization of Appropriations.--
(1) Council.--There is authorized to be appropriated
to carry out the activities of the Council $2,000,000
for fiscal year 2008 and for each of the subsequent
seven fiscal years.
(2) Fund.--There are authorized to be appropriated to
the Fund such sums as are necessary to carry out
subsection (i).
SEC. 11014. PAYMENT OF PORTION OF PREMIUM FOR AREA REVENUE PLANS.
Section 508(e) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)) is amended--
(1) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``paragraph (4)'' and
inserting ``paragraphs (4), (6), and (7)''; and
(2) by adding at the end the following:
``(6) Premium subsidy for area revenue plans.--
Subject to paragraph (4), in the case of a policy or
plan of insurance that covers losses due to a reduction
in revenue in an area, the amount of the premium paid
by the Corporation shall be as follows:
``(A) In the case of additional area coverage
equal to or greater than 70 percent, but less
than 75 percent, of the recorded county yield
indemnified at not greater than 100 percent of
the expected market price, the amount shall be
equal to the sum of--
``(i) 59 percent of the amount of the
premium established under subsection
(d)(2)(B)(i) for the coverage level
selected; and
``(ii) the amount determined under
subsection (d)(2)(B)(ii) for the
coverage level selected to cover
operating and administrative expenses.
``(B) In the case of additional area coverage
equal to or greater than 75 percent, but less
than 85 percent, of the recorded county yield
indemnified at not greater than 100 percent of
the expected market price, the amount shall be
equal to the sum of--
``(i) 55 percent of the amount of the
premium established under subsection
(d)(2)(B)(i) for the coverage level
selected; and
``(ii) the amount determined under
subsection (d)(2)(B)(ii) for the
coverage level selected to cover
operating and administrative expenses.
``(C) In the case of additional area coverage
equal to or greater than 85 percent, but less
than 90 percent, of the recorded county yield
indemnified at not greater than 100 percent of
the expected market price, the amount shall be
equal to the sum of--
``(i) 49 percent of the amount of the
premium established under subsection
(d)(2)(B)(i) for the coverage level
selected; and
``(ii) the amount determined under
subsection (d)(2)(B)(ii) for the
coverage level selected to cover
operating and administrative expenses.
``(D) In the case of additional area coverage
equal to or greater than 90 percent of the
recorded county yield indemnified at not
greater than 100 percent of the expected market
price, the amount shall be equal to the sum
of--
``(i) 44 percent of the amount of the
premium established under subsection
(d)(2)(B)(i) for the coverage level
selected; and
``(ii) the amount determined under
subsection (d)(2)(B)(ii) for the
coverage level selected to cover
operating and administrative expenses.
``(7) Premium subsidy for area yield plans.--Subject
to paragraph (4), in the case of a policy or plan of
insurance that covers losses due to a loss of yield or
prevented planting in an area, the amount of the
premium paid by the Corporation shall be as follows:
``(A) In the case of additional area coverage
equal to or greater than 70 percent, but less
than 80 percent, of the recorded county yield
indemnified at not greater than 100 percent of
the expected market price, the amount shall be
equal to the sum of--
``(i) 59 percent of the amount of the
premium established under subsection
(d)(2)(B)(i) for the coverage level
selected; and
``(ii) the amount determined under
subsection (d)(2)(B)(ii) for the
coverage level selected to cover
operating and administrative expenses.
``(B) In the case of additional area coverage
equal to or greater than 80 percent, but less
than 90 percent, of the recorded county yield
indemnified at not greater than 100 percent of
the expected market price, the amount shall be
equal to the sum of--
``(i) 55 percent of the amount of the
premium established under subsection
(d)(2)(B)(i) for the coverage level
selected; and
``(ii) the amount determined under
subsection (d)(2)(B)(ii) for the
coverage level selected to cover
operating and administrative expenses.
``(C) In the case of additional area coverage
equal to or greater than 90 percent, of the
recorded county yield indemnified at not
greater than 100 percent of the expected market
price, the amount shall be equal to the sum
of--
``(i) 51 percent of the amount of the
premium established under subsection
(d)(2)(B)(i) for the coverage level
selected; and
``(ii) the amount determined under
subsection (d)(2)(B)(ii) for the
coverage level selected to cover
operating and administrative
expenses.''.
Page 715, strike lines 13 through 25 and insert the
following:
``(A) United states country of origin.--A
retailer of a covered commodity that is beef,
lamb, pork, or goat may designate the covered
commodity as exclusively having a United States
country of origin only if the covered commodity
is derived from an animal that was--
``(i) exclusively born, raised, and
slaughtered in the United States;
``(ii) born and raised in Alaska or
Hawaii and transported for a period of
not more than 60 days through Canada to
the United States and slaughtered in
the United States; or
``(iii) present in the United States
on or before January 1, 2008.''.
Page 718, strike lines 16 through 22 and insert the
following:
``(4) Designation of country of origin for perishable
agricultural commodities and peanuts.--
``(A) In general.--A retailer of a covered
commodity that is a perishable agricultural
commodity or peanut may designate the covered
commodity as having a United States country of
origin only if the covered commodity is
exclusively produced in the United States.
``(B) State, region, locality of the united
states.--With respect to a covered commodity
that is a perishable agricultural commodity
produced exclusively in the United States,
designation by a retailer of the State, region,
or locality of the United States where such
commodity was produced shall be sufficient to
identify the United States as the country of
origin.''; and
Page 720, line 22 strike ``; and'' and insert ``.''.
Page 720, strike line 23 and all that follows through page
721, line 9.
Page 724, line 11, strike ``farmers and rancher'' and insert
``farmers and ranchers''.
Page 725, beginning line 8, strike clause (ii) regarding
matching funds.
Page 727, beginning line 8, strike subsection (b).
Page 733, line 22, strike ``and''.
Page 734, line 2, strike the period and insert ``; and''.
Page 734, after line 2, insert the following:
(3) the coordination of the outreach activities among
the various agencies within the Department.
(c) Report.--After the relocation described in this section
is completed, the Secretary shall submit to Congress a report
that includes information describing the new location of the
program.
Page 734, line 23, strike ``and''.
Page 735, line 2, strike the period and insert ``; and''.
Page 735, beginning line 2, insert the following new
paragraph:
(7) review ongoing efforts toward outreach in the
agencies and programs of the Department.
Redesignate sections 11308, 11309, and 11310 as sections
11307, 11308, and 11309, respectively.
Page 739, line 24, strike ``teach'' and insert ``each''.
At the end of title XI, add the following new sections:
SEC. 11310. SENSE OF CONGRESS REGARDING FOOD DESERTS, GEOGRAPHICALLY
ISOLATED NEIGHBORHOODS AND COMMUNITIES WITH LIMITED
OR NO ACCESS TO MAJOR CHAIN GROCERY STORES.
It is the sense of Congress that the Secretary of
Agriculture, in conjunction with the National Institutes of
Health, the Centers for Disease Control, the Institute of
Medicine and faith-based organizations, should--
(1) conduct a national assessment of food deserts in
the United States, namely those geographically isolated
neighborhoods and communities with limited or no access
to major-chain grocery stores; and
(2) develop recommendations for eliminating food
deserts.
SEC. 11311. PIGFORD CLAIMS.
(a) In General.--Any Pigford claimant who has not previously
obtained a determination on the merits of a Pigford claim may,
in a civil action, obtain that determination.
(b) Limitation.--Notwithstanding any other provision of law--
(1) All payments or debt relief (including any
limitation on foreclosure under subsection (f)) made
pursuant to an action commenced under subsection (a)
shall be made exclusively from funds made available
pursuant to subsection (h), Provided that the total
amount of payments and debt relief pursuant to an
action commenced under subsection (a) shall not exceed
$100,000,000; and,
(2) In no event may such payments or debt relief be
made from the Judgement Fund established by 31 U.S.C.
1304.
(c) Intent of Congress as to Remedial Nature of Section.--It
is the intent of Congress that this section be liberally
construed so as to effectuate its remedial purpose of giving a
full determination on the merits for each Pigford claim denied
that determination.
(d) Loan Data.--
(1) Report to person submitting petition.--Not later
than 60 days after the Secretary of Agriculture
receives notice of a complaint filed by a claimant
under subsection (a), the Secretary shall provide to
the claimant a report on farm credit loans made within
the claimant's county or adjacent county by the
Department during the period beginning on January 1 of
the year preceding the year or years covered by the
complaint and ending on December 31 of year following
such year or years. Such report shall contain
information on all persons whose application for a loan
was accepted, including--
(A) the race of the applicant;
(B) the date of application;
(C) the date of the loan decision;
(D) the location of the office making the
loan decision; and
(E) all data relevant to the process of
deciding on the loan.
(2) No personally identifiable information.--The
reports provided pursuant to paragraph (1) shall not
contain any information that would identify any person
that applied for a loan from the Department of
Agriculture.
(e) Expedited Resolutions Authorized.--Any person filing a
complaint under this Act for discrimination in the application
for, or making or servicing of, a farm loan, at his or her
discretion, may seek liquidated damages of $50,000, discharge
of the debt that was incurred under, or affected by, the
discrimination that is the subject of the person's complaint,
and a tax payment in the amount equal to 25 percent of the
liquidated damages and loan principal discharged, in which
case--
(1) if only such damages, debt discharge, and tax
payment are sought, the complainant shall be able to
prove his or her case by substantial evidence; and
(2) the court shall decide the case based on a review
of documents submitted by the complainant and defendant
relevant to the issues of liability and damages.
(f) Limitation on Foreclosures.--The Secretary of Agriculture
may not begin acceleration on or foreclosure of a loan if a
borrower is a Pigford claimant and, in an appropriate
administrative proceeding, makes a prima facie case that the
foreclosure is related to a Pigford claim.
(g) Definitions.--In this Act--
(1) the term ``Pigford claimant'' means an individual
who previously submitted a late-filing request under
section 5(g) of the consent decree in the case of
Pigford v. Glickman, approved by the United States
District Court for the District of Columbia on April
14, 1999; and
(2) the term ``Pigford claim'' means a discrimination
complaint, as defined by section 1(h) of that consent
decree and documented under section 5(b) of that
consent decree.
(h) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available $100,000,000
for fiscal year 2008, to remain available until expended, for
payments and debt relief in satisfaction of claims against the
United States under subsection (a), and for any actions made
pursuant to subsection (f).
SEC. 11312. COMPTROLLER GENERAL STUDY OF WASTEWATER INFRASTRUCTURE NEAR
UNITED STATES-MEXICO BORDER.
The Comptroller General shall conduct a study of the state of
wastewater infrastructure in rural communities within 150 miles
of the United States-Mexico border to determine what the
Federal Government can do to assist border rural communities in
bringing wastewater infrastructure up to date.
Page 189, line 8, strike ``1,000,000'' and insert
``1,340,000''.
Strike section 3005 (relating to McGovern-Dole International
Food for Education and Child Nutrition Program) and insert the
following:
SEC. 3005. REAUTHORIZATION OF MCGOVERN-DOLE INTERNATIONAL FOOD FOR
EDUCATION AND CHILD NUTRITION PROGRAM.
(a) Administration of Program.--Section 3107 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1) is
amended--
(1) in subsection (d), in the matter preceding
paragraph (1), by striking ``The President shall
designate 1 or more Federal agencies to'' and inserting
``The Secretary shall'';
(2) in subsection (f)(2), in the matter preceding
subparagraph (A), by striking ``implementing agency''
and inserting ``Secretary''; and
(3) in subsections (c)(2)(B), (f)(1), (h)(1) and (2),
and (i), by striking ``President'' each place it
appears and inserting ``Secretary''.
(b) Funding.--Section 3107(l) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1736o-1(l)) is amended--
(1) by striking paragraphs (1) and (2) and inserting
the following:
``(1) Use of commodity credit corporation funds.--Of
the funds of the Commodity Credit Corporation, the
Secretary shall use to carry out this section--
``(A) $0 for fiscal year 2008;
``(B) $140,000,000 for fiscal year 2009;
``(C) $170,000,000 for fiscal year 2010;
``(D) $230,000,000 for fiscal year 2011;
``(E) $300,000,000 for fiscal year 2012; and
``(F) $0 for fiscal year 2013.'';
(2) by redesignating paragraph (3) as paragraph (2);
and
(3) in paragraph (2) (as redesignated by paragraph
(2)), by striking ``any Federal agency implementing or
assisting'' and inserting ``the Department of
Agriculture or any other Federal agency assisting''.
Strike section 11001.
At the end of subtitle A of title XI add the following new
section:
SEC. 1101_. SHARE OF RISK.
(a) In General.--Section 508(k)(3) of the Federal Crop
Insurance Act (7 U.S.C. 1508(k)(3)) is amended--
(1) by striking ``require the'' and inserting
``require--
``(A) the'';
(2) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(B)(i) the cumulative underwriting gain or
loss, and the associated premium and losses
with such amount, calculated under any
reinsurance agreement (except livestock) ceded
to the Corporation by each approved insurance
provider to be not less than 12.5 percent; and
``(ii) the Corporation to pay a ceding
commission to reinsured companies of 2 percent
of the premium used to define the loss ratio
for the approved insurance provider's book of
business that is described in clause (i).''.
(b) Conforming Amendments.--Section 516(a)(2) of the Federal
Crop Insurance Act (7 U.S.C. 1516(a)(2)) is amended by adding
at the end the following new subparagraph:
``(E) Costs associated with the ceding
commissions described in section
508(k)(3)(B)(ii).''.
(c) Effective Date.--This section shall take effect on the
first June 30th after the date of the enactment of this Act.
At the end of title XI add the following new section:
SEC. 113__. ELIMINATION OF STATUTE OF LIMITATIONS APPLICABLE TO
COLLECTION OF DEBT BY ADMINISTRATIVE OFFSET.
(a) Elimination.--Section 3716(e) of title 31, United States
Code, is amended to read as follows:
``(e)(1) Notwithstanding any other provision of law,
regulation, or administrative limitation, no limitation on the
period within which an offset may be initiated or taken
pursuant to this section shall be effective.
``(2) This section does not apply when a statute explicitly
prohibits using administrative offset or setoff to collect the
claim or type of claim involved.''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall apply to any debt outstanding on or after
the date of the enactment of this Act.
At the end of the bill add the following new title:
TITLE XII--ADDITIONAL OFFSETS
Subtitle A--Conservation of Resources Fees and Repeal of Royalty Relief
SEC. 12001. CONSERVATION OF RESOURCES FEES.
(a) Conservation of Resources Fees.--
(1) In general.--Not later than 60 days after the
date of enactment of this Act, the Secretary of the
Interior by regulation shall establish a conservation
of resources fee for producing Federal oil and gas
leases in the Gulf of Mexico.
(2) Fee terms.--The fee under paragraph (1)--
(A) subject to subparagraph (C), shall apply
to covered leases that are producing leases;
(B) shall be set at $9 per barrel for oil and
$1.25 per million Btu for gas, respectively, in
2005 dollars; and
(C) shall apply only to production of oil or
gas occurring--
(i) in any calendar year in which the
arithmetic average of the daily closing
prices for light sweet crude oil on the
New York Mercantile Exchange (NYMEX)
exceeds $34.73 per barrel for oil and
$4.34 per million Btu for gas in 2005
dollars; and
(ii) on or after October 1, 2006.
(3) Treatment of receipts.--Amounts received by the
United States as fees under this subsection shall be
treated as offsetting receipts.
(b) Covered Lease Defined.--In this section the term
``covered lease'' means a lease for oil or gas production in
the Gulf of Mexico that is--
(1) in existence on the date of enactment of this
Act;
(2) issued by the Department of the Interior under
section 304 of the Outer Continental Shelf Deep Water
Royalty Relief Act (43 U.S.C. 1337 note; Public Law
104-58); and
(3) not subject to limitations on royalty relief
based on market price that are equal to or less than
the price thresholds described in clauses (v) through
(vii) of section 8(a)(3)(C) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
SEC. 12002. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED ROYALTY RELIEF FOR
THE OIL AND GAS INDUSTRY.
(a) Repeal of Provisions of Energy Policy Act of 2005.--The
following provisions of the Energy Policy Act of 2005 (Public
Law 109-58) are repealed:
(1) Section 344 (42 U.S.C. 15904; relating to
incentives for natural gas production from deep wells
in shallow waters of the Gulf of Mexico).
(2) Section 345 (42 U.S.C. 15905; relating to royalty
relief for deep water production in the Gulf of
Mexico).
(3) Subsection (i) of section 365 (42 U.S.C. 15924;
relating to the prohibition on drilling-related permit
application cost recovery fees).
(b) Provisions Relating to Planning Areas Offshore Alaska.--
Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(a)(3)(B)) is amended by striking ``and in the
Planning Areas offshore Alaska'' after ``West longitude''.
(c) Provisions Relating to Naval Petroleum Reserve in
Alaska.--Section 107 of the Naval Petroleum Reserves Production
Act of 1976 (as transferred, redesignated, moved, and amended
by section 347 of the Energy Policy Act of 2005 (119 Stat.
704)) is amended--
(1) in subsection (i) by striking paragraphs (2)
through (6); and
(2) by striking subsection (k).
SEC. 12003. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
Subparagraph (B) of section 401(1) of the Tax Increase
Prevention and Reconciliation Act of 2005 is amended by
striking ``114.50 percent'' and inserting ``115.75 percent''.
Subtitle B--Allocation of Offsets
SEC. 12011. REPORT ON FUNDS; RATE OF FEDERAL CROP INSURANCE.
(a) Report.--Not later than the September 15 preceding each
fiscal year, the Secretary of the Interior shall report to the
Secretary of Agriculture the total amount expected to be
received in the fiscal year as a result of the changes in
subtitle A.
(b) Rate.-- Notwithstanding section 508(k)(4)(A)(ii) of the
Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)(A)(ii)), the
reimbursement rate established for each of the reinsurance
years 2012 through 2017 shall be the lesser of--
(1) the rate established in such section; and
(2) the product of--
(A) the rate established in such section; and
(B) the factor calculated in subsection (c).
(c) Calculation.--In carrying out subsection (b), the
Secretary of the Interior shall calculate the appropriate
factor by dividing the amount calculated under subsection (a)
for the fiscal year by the amount calculated under subsection
(a) for fiscal year 2012.
Page 667, line 26, strike ``2'' and insert ``2.9''.
Part B
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Kind of Wisconsin, or
His Designee, Debatable for 40 Minutes
[COMMODITY TITLE]
In section 1102, strike subsection (b) and insert the
following new subsection:
(b) Payment Rate.--
(1) 2008 crop year.--The payment rates used to make
direct payments with respect to covered commodities for
the 2008 crop year are as follows:
(A) Wheat, $0.52 per bushel.
(B) Corn, $0.14 per bushel.
(C) Grain sorghum, $0.25 per bushel.
(D) Barley, $0.17 per bushel.
(E) Oats, $0.02 per bushel.
(F) Upland cotton, $0.05 per pound.
(G) Rice, $1.65 per hundredweight.
(H) Soybeans, $0.22 per bushel.
(I) Other oilseeds, $0.01 per pound.
(J) Peanuts, $25.20 per ton.
(2) 2009 crop year.--The payment rates used to make
direct payments with respect to covered commodities for
the 2009 crop year are as follows:
(A) Wheat, $0.52 per bushel.
(B) Corn, $0.13 per bushel.
(C) Grain sorghum, $0.23 per bushel.
(D) Barley, $0.16 per bushel.
(E) Oats, $0.02 per bushel.
(F) Upland cotton, $0.04 per pound.
(G) Rice, $1.53 per hundredweight.
(H) Soybeans, $0.20 per bushel.
(I) Other oilseeds, $0.01 per pound.
(J) Peanuts, $23.40 per ton.
(3) 2010 crop year.--The payment rates used to make
direct payments with respect to covered commodities for
the 2010 crop year are as follows:
(A) Wheat, $0.52 per bushel.
(B) Corn, $0.11 per bushel.
(C) Grain sorghum, $0.21 per bushel.
(D) Barley, $0.14 per bushel.
(E) Oats, $0.02 per bushel.
(F) Upland cotton, $0.04 per pound.
(G) Rice, $1.41 per hundredweight.
(H) Soybeans, $0.18 per bushel.
(I) Other oilseeds, $0.01 per pound.
(J) Peanuts, $21.60 per ton.
(4) 2011 crop year.--The payment rates used to make
direct payments with respect to covered commodities for
the 2011 crop year are as follows:
(A) Wheat, $0.49 per bushel.
(B) Corn, $0.10 per bushel.
(C) Grain sorghum, $0.35 per bushel.
(D) Barley, $0.13 per bushel.
(E) Oats, $0.02 per bushel.
(F) Upland cotton, $0.04 per pound.
(G) Rice, $1.29 per hundredweight.
(H) Soybeans, $0.15 per bushel.
(I) Other oilseeds, $0.01 per pound.
(J) Peanuts, $19.80 per ton.
(5) 2012 crop year.--The payment rates used to make
direct payments with respect to covered commodities for
the 2012 crop year are as follows:
(A) Wheat, $0.47 per bushel.
(B) Corn, $0.08 per bushel.
(C) Grain sorghum, $0.18 per bushel.
(D) Barley, $0.12 per bushel.
(E) Oats, $0.02 per bushel.
(F) Upland cotton, $0.03 per pound.
(G) Rice, $1.18 per hundredweight.
(H) Soybeans, $0.13 per bushel.
(I) Other oilseeds, $0.01 per pound.
(J) Peanuts, $18.00 per ton.
(6) Limited resource farmers.--Notwithstanding
paragraphs (2), (3), (4), and (5), the payment rates
specified in paragraph (1) shall be used for each of
the 2008 through 2012 crop years in the case of a
limited resource farmer, as defined by the Secretary.
Section 1102 is amended by adding at the end the following:
``(e) Conservation Enhanced Payment Option.--
``(1) In general.--All producers on a farm that meet
the eligibility requirements of paragraph (2) may, in
lieu of direct payments otherwise provided in this
section, make a one time election to receive enhanced
direct payments through crop year 2012 in accordance
with this subsection.
``(2) Eligibility.--To be eligible to obtain an
enhanced direct payment for a covered commodity for a
crop year under this subsection, the producers on a
farm shall enter into a contract with the secretary
under which the producers of the farm agree, for each
crop year--
``(A) to forgo all counter-cyclical payments
under this subtitle and all marketing
assistance loans and all loan deficiency
payments under subtitle B for the farm subject
to a contract under this subsection;
``(B) to carry out conservation practices on
the farm that are at least equivalent to the
requirements for land enrolled under the a
conservation security contract entered into
under section 1238A of the Food Security Act of
1985 (16 U.S.C. 3838a); and
``(C) to meet such other requirements as are
established by the Secretary.
``(3) Amount.--The amount of an enhanced direct
payment to be paid to the producers on a farm for a
covered commodity for a crop year that enter into a
contract with the secretary under this subsection shall
be equal to the product obtained by multiplying--
``(A) the amount of the direct payment the
producers on a farm would otherwise be eligible
to receive under subsection (c); and
``(B) 110
``(4) One time enrollment.--Producers on a farm shall
have one period of time (as determined by the
Secretary) in which to enter into a contract for a
conservation enhanced payment.
``(5) De minimis payments.--A payment under this
section that is less than $25.00 in amount shall not be
tendered to a producer on a farm''.
Section 1103 is amended to read as follows:
SEC. 1103. COUNTER-CYCLICAL PAYMENTS.
Section 1103 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7913) is amended to read as follows:
``SEC. 1103. COUNTER-CYCLICAL PAYMENTS.
``(a) Payment Required.--The Secretary shall make counter-
cyclical payments to producers on farms for which payment
yields and base acres are established with respect to a covered
commodity, if the Secretary determines that the national actual
revenue per acre for the covered commodity (except for other
oilseeds) is less than the national target revenue per acre for
the covered commodity, as determined in this section.
``(b) National Actual Revenue Per Acre.--For each covered
commodity (except for other oilseeds) for the applicable year,
the Secretary shall establish a national actual revenue per
acre by multiplying the national average yield for the given
year by the higher of:
``(1) the national average market price received by
producers during the 12-month marketing year
established by the Secretary; or
``(2) the loan rate.
``(c) National Target Revenue Per Acre.--The national target
revenue per acre shall be, on a per acre basis, as follows:
``(1) Wheat, $140.42.
``(2) Corn, $344.12.
``(3) Grain Sorghum, $131.28.
``(4) Barley, $123.13.
``(5) Oats, $88.36.
``(6) Upland cotton, $516.86.
``(7) Rice, $548.06.
``(8) Soybeans, $219.58 .
``(9) Peanuts, $683.83.
``(d) National Payment Yield.--The national payment yield
shall be as follows:
``(1) Wheat, 36.1 bushels per acre.
``(2) Corn, 114.2 bushels per acre.
``(3) Grain Sorghum, 58.1 bushels per acre.
``(4) Barley, 48.7 bushels per acre.
``(5) Oats, 49.8 bushels per acre.
``(6) Upland cotton, 636 pounds per acre.
``(7) Rice, 51.24 hundredweight per acre.
``(8) Soybeans, 34.1 bushels per acre.
``(9) Peanuts, 1.495 tons per acre.
``(e) National Payment Rate.--The national payment rate used
to make counter-cyclical payments for a crop year shall be the
result of--
``(1) the difference between the national target
revenue per acre for the covered commodity and the
national actual revenue per acre for the covered
commodity; divided by
``(2) the national payment yield for the covered
commodity.
``(f) Payment Amount.--If counter-cyclical payments are
required to be paid for any of the 2008 through 2012 crop years
of a covered commodity, the amount of the counter-cyclical
payment to be paid to the producers on a farm for that crop
year for the covered commodity shall be equal to the product of
--
``(1) the national payment rate for the covered
commodity;
``(2) the payment acres of the covered commodity on
the farm; and
``(3) the payment yield for counter-cyclical payments
for the covered commodity.
``(g) Time for Payments.--
``(1) General rule.--If the Secretary determines that
counter-cyclical payments are required to be made under
this section for the crop of a covered commodity, the
Secretary shall make the counter-cyclical payments for
the crop as soon as practicable after the end of the
12-month marketing year for the covered commodity.
``(2) Availability of partial payments.--If, before
the end of the 12-month marketing year for a covered
commodity, the Secretary estimates that counter-
cyclical payments will be required for the crop of the
covered commodity, the Secretary shall give producers
on a farm the option to receive partial payments of the
counter-cyclical payment projected to be made for that
crop of the covered commodity.
``(3) Time for partial payments.--When the Secretary
makes partial payments available under paragraph (2)
for a covered commodity--
``(A) the first partial payment for the crop
year shall be made not earlier than October 1,
and, to the maximum extent practicable, not
later than October 31, of the calendar year in
which the crop of the covered commodity is
harvested;
``(B) the second partial payment shall be
made not earlier than February 1 of the next
calendar year; and
``(C) the final partial payment shall be made
as soon as practicable after the end of the 12-
month marketing year for the covered commodity.
``(4) Amount of partial payments.--
``(A) First partial payment.--The first
partial payment under paragraph (3) to the
producers on a farm may not exceed 35 percent
of the projected counter-cyclical payment for
the covered commodity for the crop year, as
determined by the Secretary.
``(B) Second partial payment.--The second
partial payment under paragraph (3) for a
covered commodity for a crop year may not
exceed the difference between--
``(i) 70 percent of the projected
counter-cyclical payment (including any
revision thereof) for the crop of the
covered commodity; and
``(ii) the amount of the payment made
under subparagraph (A).
``(C) Final payment.--The final payment for
the crop year shall be equal to the difference
between--
``(i) the actual counter-cyclical
payment to be made to the producers for
the covered commodity for that crop
year; and
``(ii) the amount of the partial
payments made to the producers on a
farm under subparagraphs (A) and (B)
for that crop year.
``(5) Repayment.--Producers on a farm that receive a
partial payment under this subsection for a crop year
shall repay to the Secretary the amount, if any, by
which the total of the partial payments exceed the
actual counter-cyclical payment to be made for the
covered commodity for that crop year.
``(h) De Minimis Payments.--A payment under this section that
is less than $25.00 in amount shall not be tendered to a
producer on a farm.''.
In section 1105(a)(1)(D) insert ``, residential'' after
``commercial'' and after the period at the end insert the
following: ``In the case of a parcel of land that at anytime
subsequent to the enactment of the Federal Agriculture
Improvement and Reform Act of 1996 is subdivided, transferred
to a new owner and used for the construction of a new
residence, the base acres for covered commodities for the farm
shall be eliminated, unless the owner of such residence
receives at least $10,000 of gross income from farming or
ranching and the owner of such residence receives gross income
from farming or ranching exceeding at least half of their
adjusted gross income.'' .
Section 1201(a)(1) is amended by striking ``For each of'' and
all that follows through ``loan commodity, the'' and inserting
``The''
Section 1201(b) is amended to read as follows:
(b) Eligible Production.--
(1) In general.--The producers on a farm shall be
eligible for a marketing assistance loan under
subsection (a) for any quantity of a loan commodity
produced on the farm. In addition, such producers must
have beneficial interest, as determined under paragraph
(2), in the commodity at the time the commodity is
tendered as collateral for such loan.
(2) Beneficial interest.--In order to have beneficial
interest in a commodity, a producer shall:
(A) be the producer of the commodity;
(B) possess and maintain ownership and
control of the commodity;
(C) not have received any payment from any
party with respect to the commodity; and
(D) satisfy other criteria, as determined by
the Secretary.
(3) Ineligible production.--A crop of a loan
commodity shall be ineligible for a marketing
assistance loan if the crop was produced on land of a
farm that has been subject to a land transaction
covered under section 1101(c).
Section 1201(e) is amended to read as follows:
(e) Adjustments of Loans.--
(1) Adjustment authority.--The Secretary may make
appropriate adjustments in the loan rates for any
commodity for differences in grade, type, quality,
location, and other factors.
(2) Manner of adjustment.--The adjustments under the
authority of this section shall, to the maximum extent
practicable, be made in such manner that the national
average loan rate for the commodity will, on the basis
of the anticipated incidence of the factors, be equal
to the level of support determined as provided in this
title.
(f) Handling and Storage Charges.--All payments for storage,
handling or other charges associated with a loan commodity
subject to a marketing assistance loan or loan deficiency
payment under this subtitle are the responsibility of the
producer and shall not be paid by the Secretary.
Section 1202 is amended to read as follows:
SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE LOANS.
(a) In General.--Except as provided in subsection (b), the
loan rate for each crop of a loan commodity shall be equal to
the amount determined by multiplying:
(1) .85; and
(2) the average of the national average market price
received by producers during the five preceding
marketing years, excluding the highest and lowest
prices determined for such years, as determined by the
Secretary.
(b) Loan Rates.--The loan rate determined under (a) shall not
exceed, in the case of--
(1) wheat, $2.58 per bushel;
(2) corn, $1.89 per bushel;
(3) grain sorghum, $1.89 per bushel;
(4) barley, $1.70 per bushel;
(5) oats, $1.21 per bushel;
(6) upland cotton, $0.5192 per pound;
(7) extra long staple cotton, $0.7965 per pound;
(8) rice, $6.50 per hundredweight;
(9) soybeans, $4.92 per bushel;
(10) other oilseeds, $0.087 per pound;
(11) graded wool, $1.00 per pound;
(12) nongraded wool, $0.40 per pound;
(13) mohair, $4.20 per pound;
(14) honey, $0.60 per pound;
(15) dry peas, $6.22 per hundredweight;
(16) lentils, $11.72 per hundredweight;
(17) small chickpeas, $7.43 per hundredweight; and
(18) peanuts, $350.00 per ton.
Section 1204(a) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7934) is amended to read as follows:
(a) General Rule.--
(1) Repayment of commodity loans.--The Secretary
shall permit the producers on a farm to repay a
marketing assistance loan under section 1201 for a loan
commodity (other than upland cotton, rice, extra long
staple cotton, confectionary and each other kind of
sunflower seed (other than oil sunflower seed)) at a
rate that is the lesser of--
(A) the loan rate established for the
commodity under section 1202, plus interest
(determined in accordance with section 163 of
the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(B) a rate that the Secretary determines
will--
(i) minimize potential loan
forfeitures;
(ii) minimize the accumulation of
stocks of the commodity by the Federal
Government;
(iii) minimize the cost incurred by
the Federal Government in storing the
commodity;
(iv) allow the commodity produced in
the United States to be marketed freely
and competitively, both domestically
and internationally; and
(v) minimize discrepancies in
marketing loan benefits across State
boundaries and across county
boundaries.
(2) Rate adjustments.--
(A) In general.--Subject to subparagraph (B)
and except as provided in subsection (b),
repayment rates established under this section
shall be adjusted by the Secretary no more than
once every month for all loan commodities.
(B) Monthly repayment rate.--In establishing
the monthly repayment rates with respect to
wheat, corn, grain sorghum, barley, oats and
soybeans, the rates shall be established by
using the rates determined for five days in the
previous month as determined in regulations
issued by the Secretary, which shall--
(i) exclude the rates for days that
represent the highest and lowest rates
for the 5 day period; and
(ii) use the average of the three
remaining rates to establish the
monthly repayment rate.
(3) Date for determining repayment rate.--With
respect to the monthly repayment rates established
under paragraph (2) and subsection (b) and (c), the
rate shall be--
(A) in the case of a producer who, as
determined by the Secretary, loses beneficial
interest immediately upon repayment of the
loan, the monthly repayment rate determined
under paragraph (2) and subsection (b) and (c)
that is in effect on the date beneficial
interest is lost; and
(B) in the case of other producers who did
not lose beneficial interest upon repayment of
the loan, the repayment rate in effect on the
earlier of:
(i) the month in which the loan
matures; or
(ii) the last month of the marketing
year established by the Secretary for
the commodity.
(4) Repayment of confectionary and other kinds of
sunflower seeds loans.--The Secretary shall permit the
producers on a farm to repay a marketing assistance
loan under section 1201 for confectionary and each
other kind of sunflower seed (other than oil sunflower
seed) at a rate that is the lesser of--
(A) the loan rate established for the
commodity under section 1202, plus interest
(determined in accordance with section 163 of
the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(B) the repayment rate established for oil
sunflower seed.
(5) Quality grades for dry peas, lentils, and small
chickpeas.--The loan repayment rates for dry peas,
lentils, and small chickpeas shall be based on the
quality grades for the applicable commodity.
Section 1204(e) is amended to read as follows:
(e) Adjustment of Prevailing World Market Price for Upland
Cotton.--During the period beginning on the date of the
enactment of this Act through July 31, 2012, the prevailing
world market price for upland cotton (adjusted to United States
quality and location) established under subsection (d) shall be
further adjusted if--
(1) the adjusted prevailing world market price for
upland cotton is less than 115 percent of the loan rate
for upland cotton established under section 1202, as
determined by the Secretary; and
(2) the Friday through Thursday average price
quotation for the lowest-priced United States growth as
quoted for Middling (M) 1 3/32-inch cotton, delivered
C.I.F. Northern Europe (referred to in this section as
the ``Northern Europe price'').
Section 1204 is amended by striking subsections (f) through
(h).
Section 1205(a) is amended by inserting after paragraph (1)
the following new paragraph (and redesignating succeeding
paragraphs accordingly):
(2) Beneficial interest.--At the time producers
request payments under this section, the producers must
have beneficial interest, as defined in section
1201(b)(2), in the commodity for which such payment is
requested.
Section 1205(c) is amended to read as follows:
(c) Payment Rate.--
(1) Loan commodities.--
(A) In general.--With respect to all loan
commodities except extra long staple cotton,
the payment rate shall be determined as of the
day the producer loses beneficial interest in
the commodity.
(B) Formula.--The payment rate under
subparagraph (A) shall be the amount that
equals the difference between--
(i) the loan rate established under
section 1202 for the loan commodity;
and
(ii) the monthly repayment rate
determined for the commodity under
section 1204.
(2) Unshorn pelts.---In the case of unshorn pelts,
the payment rate shall be the amount that equals the
difference between--
(A) the loan rate established under section
1202 for ungraded wool: and
(B) the rate at which ungraded wool may be
redeemed under section 1204.
(3) Hay, silage, feed and similar uses.--
(A) In general.--In the case of a commodity
that would otherwise be eligible to be pledged
as collateral for a marketing assistance loan
at the time of harvest of the commodity, but
cannot be pledged due to the normal commercial
state of the commodity, the payment rate shall
be the average of the monthly repayment rates
established for the first three months of the
marketing year of the commodity, as determined
by the Secretary.
(B) Inclusions.--Commodities covered by
subparagraph (A) shall be determined by the
Secretary, and shall include hay, silage,
cracked corn, and corn stored in a commingled
manner by feedlots.
In section 1206(d) strike ``A 2002 through 2007 crop of'' and
inserting ``A crop of''.
In section 1207 strike subsection (b) and redesignate
subsection (c) as subsection (b).
Section 1208 of Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7938) is amended
(1) by striking the section;
(2) by redesignating section 1209 as section 1208;
(3) in section 1208 (as redesignated in paragraph
(2)) (A) in subsection (a)(1) by striking ``For each of
the 2002 through 2007 crops of'' and inserting ``For
each crop of'' (B) in subsection (b) by striking ``For
each of the 2002 through 2007 crops of'' and inserting
``For each crop of''; and (C) by striking subsection
(d).
In subtitle C strike sections 1301, 1302, and 1303 and insert
the following:
SEC. 1301. SUGAR PROGRAM.
Section 156(j) of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7272(j)) is amended by striking
``2007'' and inserting ``2012''.
SEC. 1302. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.
Section 359b(a)(1) of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1359bb(a)(1)) is amended in the matter preceding
subparagraph (A) by striking ``2007'' and inserting ``2012''.
Section 1409 is amended to read as follows:
SEC. 1409. FEDERAL DAIRY COMMISSION.
(a) Establishment.--The secretary of agriculture shall
establish a commission to be known as the ``federal dairy
commission'', in this section referred to as the
``commission'', which shall conduct a comprehensive review and
evaluation of--
(1) the current Federal and non-Federal milk
marketing order systems;
(2) the milk income loss contracting program;
(3) the forward contracting program;
(4) the 9.90 dairy price support system; and
(5) programs in the European Union and other major
dairy exporting countries that may have a trade
distorting effect.
(b) Element of Review and Evaluation.--As part of the review
and evaluation under this section, the commission shall
evaluate how well the programs accomplish the following goals,
providing legislative and regulatory recommendations for
achieving these goals
(1) ensuring the competitiveness of diary products;
(2) enhancing the competitiveness of American diary
products in world markets;
(3) increasing the responsiveness of dairy programs
to market forces;
(4) ensuring an adequate safety net for dairy
farmers;
(5) streamlining, simplifying, and expediting the
administration of these programs; and
(6) continuing to serve the interest of the public,
diary processors, and diary farmers;
(7) operating in a manner to minimize costs to
taxpayers;
(8) ensuring that we meet our trade obligations; and
(9) ensuring the safety of our dairy supply.
(c) Membership.--
(1) Composition.--The commission shall consist of 16
members and shall include the following representation:
(A) Geographical diversity.
(B) Diversity in size of operation.
(C) At least one State with a Federal
marketing order.
(D) At least one State with a state marketing
order.
(E) At least one State with no marketing
order.
(F) At least two dairy producers.
(G) At least two dairy processors.
(H) At least one trade experts.
(I) At least one State official.
(J) At least one Federal official.
(K) At least one nongovernmental
organization.
(L) At least one economist.
(M) At least one representative of a land
grant university.
(2) Appointments.--Within 3 months of the date of
enactment, commission members shall be appointed as
follows:
(A) Two members appointed by the Majority
Leader of the Senate, in consultation with the
Chair and ranking member of the Committee on
Agriculture of the House of Representatives.
(B) Two members appointed by the Speaker of
the House of Representatives, in consultation
with the Chair and ranking member of the Senate
Committee on Agriculture, Nutrition and
Forestry of the Senate.
(C) Fourteen members appointed by the
Secretary of Agriculture.
(3) Chair.--The commission shall elect one of its
members to serve as chairperson during the duration of
the commission's proceedings.
(4) Vacancy.--Any vacancy occurring before the
termination of the commission shall be filled in the
same manner as the original appointment.
(5) Compensation.--Members of the commission shall
serve without compensation, but shall be reimbursed by
the Secretary from existing budgetary resources for
necessary and reasonable expenses incurred in the
performance of the duties of the commission.
(d) Report.--Not later than three years after the date of
establishment of the commission, the commission shall submit to
Congress and the Secretary of Agriculture a report setting
forth the results of the review and evaluation conducted under
this section, including recommendations regarding legislative
and regulatory options for accomplishing the goals under
subsection (__). The report findings shall reflect, to the
greatest extent possible, a consensus opinion of the commission
members, but shall include majority and minority findings and
their supporters regarding those matters for which consensus
was not reached.
(e) Advisory Nature.--The commission is wholly advisory in
nature and bound by the requirements of the FACA.
(f) No Effect on Existing Programs.--The Secretary shall not
allow the existence of the commission to impede, delay, or
otherwise affect any regulatory decisionmaking.
(g) Administrative Assistance.--The Secretary shall provide
administrative support to the commission, and expend such funds
as necessary from existing budget authority to carry out this
responsibility.
(h) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section.
(i) Termination.--The commission shall terminate 60 days
after submission of the report under subparagraph (D), during
which time it will remain available to answer question of
Congress and the Secretary regarding the report.
Strike sections 1503 and 1504 and insert the following:
SEC. 1503. PAYMENT LIMITATIONS.
Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308)
is amended--
(1) in subsection (a) by striking paragraphs (1) and
(2) and inserting the following:
``(1) Entity.--
``(A) In general.--the term `entity' means.--
``(i) an organization that (subject
to the requirements of this section and
section 1001A) is eligible to receive a
payment under a provision of law
referred to in subsection (b) or (c);
``(ii) a corporation, joint stock
company, association, limited
partnership, limited liability company,
limited liability partnership,
charitable organization, estate,
irrevocable trust, a grantor of a
revocable trust, or other similar
entity (as determined by the
Secretary); and
``(iii) an organization that is
participating in a farming operation as
a partner in a general partnership or
as a participant in a joint venture.
``(B) Exclusion.--Except in section 1001F,
the term `entity' does not include a general
partnership or joint venture.
``(C) Estates.--In defining the term entities
as it will apply to estates, the Secretary
shall ensure that fair and equitable treatment
is given to estates and the beneficiaries
thereof.
``(D) Irrevocable trusts.--In defining the
term entities as it will apply to irrevocable
trusts, the Secretary shall ensure that
irrevocable trusts are legitimate entities and
have not been created for the purpose of
avoiding the payment limitation.
``(2) Individual.--The term `individual' means--
``(A) a natural person, and any minor child
of the natural person (as determined by the
Secretary), who, subject to the requirements of
this section and section 1001A, is eligible to
receive a payment under a provision of law
referred to in subsection (b), (c), or (d); and
``(B) a natural person participating in a
farming operation as a partner in a general
partnership, a participant in a joint venture,
a grantor of a revocable trust, or a
participant in a similar entity (as determined
by the Secretary).
``(3) Secretary.--The term `Secretary' means the
Secretary of Agriculture.''.
(2) by striking subsections (b) through (f) and
inserting the following:
``(b) Limitation on Direct Payments.--The total amount of
direct payments that an individual or entity may receive,
directly or indirectly, during any crop year under subtitle A
or C of title I of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7911 et seq.) for 1 or more covered
commodities or peanuts shall not exceed $20,000.
``(c) Limitation on Counter-Cyclical Payments.--The total
amount of counter-cyclical payments that an individual or
entity may receive, directly or indirectly, during any crop
year under subtitle A or C of title I of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7911 et seq.) for 1 or
more covered commodities or peanuts shall not exceed $30,000.
``(d) Limitations on Marketing Loan Gains, Loan Deficiency
Payments, and Commodity Certificate Transactions.--The total
amount of the following gains and payments that an individual
or entity may receive during any crop year may not exceed
$75,000.
``(1)(A) Any gain realized by a producer from
repaying a marketing assistance loan for 1 or more loan
commodities or peanuts under subtitle B of title I of
the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 7931 et seq.) at a lower level than the original
loan rate established for the loan commodity under that
subtitle.
``(B) In the case of settlement of a marketing
assistance loan for 1 or more loan commodities under
that subtitle by forfeiture, the amount by which the
loan amount exceeds the repayment amount for the loan
if the loan had been settled by repayment instead of
forfeiture.
``(2) Any loan deficiency payments received for 1 or
more loan commodities under that subtitle.
``(3) Any gain realized from the use of a commodity
certificate issued by the Commodity Credit Corporation
for 1 or more loan commodities, as determined by the
Secretary, including the use of a certificate for the
settlement of a marketing assistance loan made under
that subtitle or section 1307 of that Act (7 U.S.C.
7957).
``(e) Payment to Individuals and Entities.--Notwithstanding
subsections (b) through (d), an individual or entity, directly
or indirectly through all ownership interests of the individual
or entity from all sources, may received payments for a fiscal
or corresponding crop year up to but not exceeding twice the
limitations established under subsections (b) through (d).
``(f) Single Farming Operation.--Notwithstanding subsections
(b) through (d), subject to paragraph (2), an individual or
entity that participates only in a single farming operation and
receives, directly or indirectly, any payment or gain covered
by this section through the farming operation, may receive
payments for a fiscal or corresponding crop year up to but not
exceeding twice the limitations established under subsections
(b) through (d).
``(g) Spousal Equity.--
``(1) In general.--Notwithstanding subsections (b),
(c), (d), (e) and (f) except as provided in paragraph
(2), if an individual and the spouse of the individual
are covered by paragraph (2) and receive, directly or
indirectly, any payment or gain covered by this
section, the total amount of payments or gains (as
applicable) covered by this section that the individual
and spouse may jointly receive during any crop year may
not exceed an amount equal to twice the applicable
dollar amounts specified in subsections (b), (c), and
(d).
``(2) Exceptions.--
``(A) Separate farming operations.--In the
case of a married couple in which each spouse,
before the marriage, was separately engaged in
an unrelated farming operation, each spouse
shall be treated as a separate individual with
respect to a farming operation brought into the
marriage by a spouse, subject to the condition
that the farming operation shall remain a
separate farming operation, as determined by
the Secretary.
``(B) Election to receive separate
payments.--A married couple may elect to
receive payments separately in the name of each
spouse if the total amount of payments and
benefits described in subsections (b), (c), and
(d) that the married couple receives, directly
or indirectly, does not exceed an amount equal
to twice the applicable dollar amounts
specified in those subsections.
``(h) Public Schools.--The provisions of this section that
limit payments to any individual or entity shall not be
applicable to land owned by a public school district or land
owned by a State that is used to maintain a public school.
``(i) Time Limits; Reliance.--Regulations of the Secretary
shall establish time limits for the various steps involved with
notice, hearing, decision, and the appeals procedure in order
to ensure expeditious handling and settlement of payment
limitation disputes. Notwithstanding any other provision of
law, actions taken by an individual or other entity in good
faith on action or advice of an authorized representative of
the Secretary may be accepted as meeting the requirement under
this section or section 1001A, to the extent the Secretary
deems it desirable in order to provide fair and equitable
treatment.''.
SEC. 1504. PAYMENTS LIMITED TO ACTIVE FARMERS.
Section 1001A of the Food Security Act of 1985 (7 U.S.C.
1308-1) is amended--
(1) by striking the section designation and heading
and all that follows through the end of subsection (a)
and inserting the following:
``(a) Substantive Change.--
``(1) In general.--For purposes of the application of
limitations under this section, the Secretary shall not
approve any change in a farming operation that
otherwise would increase the number of individuals or
entities (as defined in section 1001(a)) to which the
limitations under this section apply, unless the
Secretary determines that the change is bona fide and
substantive.
``(2) Family members.--For the purpose of paragraph
(1), the addition of a family member (as defined in
subsection (b)(2)(A)) to a farming operation under the
criteria established under subsection (b)(3)(B) shall
be considered to be a bona fide and substantive change
in the farming operation.
``(3) Primary control.--To prevent a farm from
reorganizing in a manner that is inconsistent with the
purposes of this Act, the Secretary shall promulgate
such regulations as the Secretary determines to be
necessary to simultaneously attribute payments for a
farming operation to more than one individual or
entity, including the individual or entity that
exercises primary control over the farming operation,
including to respond to --
``(A)(i) any instance in which ownership of a
farming operation is transferred to an
individual or entity under an arrangement that
provides for the sale or exchange of any asset
or ownership interest in 1 or more entities at
less than fair market value; and
``(ii) the transferor is provided
preferential rights to repurchase the asset or
interest at less than fair market value; or
``(B) a sale or exchange of any asset or
ownership interest in 1 or more entities under
an arrangement under which rights to exercise
control over the asset or interest are
retained, directly or indirectly, by the
transferor.''
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting
the following:
``(1) In general.--To be eligible to receive,
directly or indirectly, payments or benefits described
as being subject to limitation in subsection (b) or (c)
of section 1001 with respect to a particular farming
operation, an individual or entity (as defined in
section 1001(a)) shall be actively engaged in farming
with respect to the farming operation, in accordance
with paragraphs (2), (3), and (4).'';
(B) in paragraph (2)--
(i) by striking subparagraphs (A),
(B), and (C) and inserting the
following:
``(A) Definitions.--In this paragraph:
``(i) Active personal management.--
The term `active personal management'
means with respect to an individual,
administrative duties carried out by
the individual for a farming
operation--
``(I) that are personally
provided by the individual on a
regular, substantial, and
continuing basis; and
``(II) relating to the
supervision and direction of--
``(aa) activities and
labor involved in the
farming operation; and
``(bb) onsite
services directly
related and necessary
to the farming
operation.
``(ii) Family member.--The term
`family member', with respect to an
individual participating in a farming
operation, means an individual who is
related to the individual as a lineal
ancestor, a lineal descendant, or a
sibling (including a spouse of such and
individual).
``(B) Active engagement.--Except as provided
in paragraph (3), for purposes of paragraph
(1), the following shall apply:
``(i) An individual shall be
considered to be actively engaged in
farming with respect to a farming
operation if--
``(I) the individual makes a
significant contribution, as
determined under subparagraph
(E) (based on the total value
of the farming operation), to
the farming operation of--
``(aa) capital,
equipment, or land; and
``(bb) personal labor
and active personal
management;
``(II) the share of the
individual of the profits or
losses from the farming
operation is commensurate with
the contributions of the
individual to the operation;
and
``(III) a contribution of the
individual is at risk.
``(ii) An entity shall be considered
to be actively engaged in farming with
respect to a farming operation if--
``(I) the entity makes a
significant contribution, as
determined under subparagraph
(E) (based on the total value
of the farming operation), to
the farming operation of
capital, equipment, or land;
``(II)(aa) the stockholders
or members that collectively
own at least 51 percent of the
combined beneficial interest in
the entity each make a
significant contribution of
personal labor and active
personal management to the
operation; or
``(bb) in the case of an
entity in which all of the
beneficial interests are held
by family members, any
stockholder or member (or
household comprised of a
stockholder or member and the
spouse of the stockholder or
member) who owns at least 10
percent of the beneficial
interest in the entity makes a
significant contribution of
personal labor or active
personal management; and
``(III) the entity meets the
requirements of subclauses (II)
and (III) of clause (i).
``(C) Entities making significant
contributions.--If a general partnership, joint
venture, or similar entity (as determined by
the Secretary) separately makes a significant
contribution (based on the total value of the
farming operation involved) of capital,
equipment, or land, the partners or members
making a significant contribution of personal
labor or active personal management and meeting
the standards provided in subclauses (II) and
(III) of subparagraph (B)(i), shall be
considered to be actively engaged in farming
with respect to the farming operation''; and
(ii) by adding at the end the
following:
``(E) Significant contribution of personal
labor or active personal management.--
``(i) In general.--Subject to clause
(ii), for purposes of subparagraph (B),
an individual shall be considered to be
providing, on behalf of the individual
or an entity, a significant
contribution of personal labor or
active personal management, if the
total contribution of personal labor
and active personal management is at
least equal to the lesser of--
``(I) 1,000 hours; and
``(II) a period of time equal
to--
``(aa) 50 percent of
the commensurate share
of the total number of
hours of personal labor
and active personal
management required to
conduct the farming
operation; or
``(bb) in the case of
a stockholder or member
(or household comprised
of a stockholder or
member and the spouse
of the stockholder or
member) that owns at
least 10 percent of the
beneficial interest in
an entity in which all
of the beneficial
interests are held by
family members, 50
percent of the
commensurate share of
hours of the personal
labor and active
personal management of
all family members
required to conduct the
farming operation.
``(ii) Minimum labor hours.--For the
purpose of clause (i), the minimum
number of labor hours required to
produce a commodity shall be equal to
the number of hours that would be
necessary to conduct a farming
operation for the production of each
commodity that is comparable in size to
the commensurate share of an individual
or entity in the farming operation for
the production of the commodity, based
on the minimum number of hours per acre
required to produce the commodity in
the State in which the farming
operation is located, as determined by
the Secretary.''
(C) in paragraph (3) by striking
subparagraphs (A), (B), and (C) and inserting
the following:
``(A) Landowners.--An individual or entity
that is a landowner contributing owned land,
and that meets the requirements of subclauses
(II) and (III) of paragraph (2)(B)(i), if as
determined by the Secretary --
``(i) the landowner share-rents the
land at a rate that is usual and
customary; and
``(ii) the share received by the
landowner is commensurate with the
share of the crop or income received as
rent.
``(B) Family members.--With respect to a
farming operation conducted by individuals who
are family members, or an entity the majority
of whose stockholders or members are family
members, an adult family member who makes a
significant contribution (based on the total
value of the farming operation) of active
personal management or personal labor and, with
respect to such contribution, who meets the
requirements of subclauses (II) and (III) of
paragraph (2)(B)(i).
``(C) Sharecroppers.--A sharecropper who
makes a significant contribution of personal
labor to the farming operation and, with
respect to such contribution, who meets the
requirements of subclauses (II) and (III) of
paragraph (2)(B)(i), and who was receiving
payments from the landowner as a sharecropper
prior to the effective date of this Act.''
(D) in paragraph (4)--
(i) in the paragraph heading, by
striking ``persons'' and inserting
``individuals and entities'';
(ii) in the matter preceding
subparagraph (A), by striking
``persons'' and inserting ``individuals
and entities''; and
(iii) by striking subparagraph (B)
and inserting the following:
``(B) Other individuals and entities.--Any
other individual or entity, or class of
individuals or entities, that fails to meet the
requirements of paragraphs (2) and (3), as
determined by the Secretary.''
(E) by redesignating paragraphs (5) and (6)
as paragraphs (6) and (7), respectively;
(F) by inserting after paragraph (4) the
following:
``(5) Personal labor and active personal
management.--No stockholder or member may provide
personal labor or active personal management to meet
the requirements of this subsection for individuals or
entities that collectively receive, directly or
indirectly, an amount equal to more than twice the
applicable limits under subsections (b), (c), and (d)
of section 1001.''
(G) In paragraph (6) (as redesignated by
subparagraph (e))
(i) in the first sentence--
(I) by striking ``A person''
and inserting ``An individual
or entity''; and
(II) by striking ``such
person'' and inserting ``the
individual or entity''; and
(ii) by striking the second sentence;
and
(3) by adding at the end the following:
``(c) Notification by Entities.--To facilitate the
administration of this section, each entity that receives
payments or benefits described as being subject to limitation
in subsection (b), (c), or (d) of section 1001 with respect to
a particular farming operation shall--
``(1) notify each individual or other entity that
acquires or holds a beneficial interest in the farming
operation of the requirements and limitations under
this section; and
``(2) provide to the Secretary, at such times and in
such manner as the Secretary may require, the name and
social security number of each individual, or the name
and taxpayer identification number of each entity, that
holds or acquires such a beneficial interest.
``(4) Four levels of attribution for embedded
entities.--
``(A) In general.--Attribution of payments
made to legal entities shall be traced through
four levels of ownership in entities.
``(B) First level.--Any payments made to a
legal entity (a first-tier entity) that is
owned in whole or in part by a person shall be
attributed to the person in an amount that
represents the direct ownership in the first-
tier entity by the person.
``(C) Second level.--Any payments made to a
first-tier entity that is owned in whole or in
part by another legal entity (a second-tier
entity) shall be attributed to the second-tier
entity in proportion to the second-tier
entity's ownership in the first-tier entity. If
the second-tier entity is owned in whole or in
part by a person, the amount of the payment
made to the first-tier entity shall be
attributed to the person in the amount that
represents the indirect ownership in the first-
tier entity by the person.
``(D) Third and fourth levels.--The Secretary
shall attribute payments at the third and
fourth tiers of ownership in the same manner as
specified in subparagraph (C) unless the
fourth-tier of ownership is that of a fourth-
tier entity and not that of a person, in which
case the Secretary shall reduce the amount of
the payment to be made to the first-tier entity
in the amount that represents the indirect
ownership in the first-tier entity by the
fourth-tier entity.''.
SEC. 1505. SCHEMES OR DEVICES.
Section 1001B of the Food Security Act of 1985 (7 U.S.C.
1308-2) is amended--
(1) by inserting ``(a) In General.--'' before ``if'';
(2) in subsection (a) (as designated by paragraph
(1)), by striking ``person'' each place it appears and
inserting ``individual or entity''; and
(3) by adding at the end the following:
``(b) Fraud.--If fraud is committed by an individual or
entity in connection with a scheme or device to evade, or that
has the purpose of evading, section 1001, 1001A, or 1001C, the
individual or entity shall be ineligible to receive farm
program payments described as being subject to limitation in
subsection (b), (c), or (d) of section 1001 for--
``(1) the crop year for which the scheme or device is
adopted; and
``(2) the succeeding 5 crop years.
``(c) Joint and Several Liability.--All individuals and
entities who participate in a scheme or device described in
subsection (a) or (b) shall be jointly and severally liable for
any and all overpayments resulting from the scheme or device,
and subject to program ineligibility resulting from the scheme
or device, regardless of whether a particular individual or
entity was or was not a payment recipient.
``(d) Waiver Authority.--The Secretary may fully or partially
release an individual or entity from liability for repayment of
program proceeds under subsection (a)(2) if the individual or
entity cooperates with the Department of Agriculture by
disclosing a scheme or device to evade section 1001, 1001A, or
1001C or any other provision of law administered by the
Secretary that imposes a payment limitation. The decision of
the Secretary under this subsection is vested in the sole
discretion of the Secretary.''.
SEC. 1506. FOREIGN INDIVIDUALS AND ENTITIES MADE INELIGIBLE FOR PROGRAM
BENEFITS.
Section 1001C of the Food Security Act of 1985 (7 U.S.C.
1308-3) is amended--
(1) in the section heading, by striking
``persons'' and inserting ``individuals
and entities'';
(2) in subsection (a), by striking ``person'' each
place it appears and inserting ``individual''; and
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Corporation or Other''; and
(B) by striking ``a corporation or other
entity'' and inserting ``an entity''.
SEC. 1507. ADJUSTED GROSS INCOME LIMITATION.
(a) Extension of Adjusted Gross Income Limitation.--
(b) Modification of Limitation.--Section 1001D(b) of the Food
Security Act of 1985 (7 U.S.C. 1308-3a(b)) is amended--
(1) by striking paragraph (1) and inserting the
following new paragraph:
``(1) Caps.--
``(A) Upper limit.--Notwithstanding any other
provision of law, an individual or entity shall
not be eligible to receive any benefit
described in paragraph (2) during a crop year
and no benefits shall be provided on land owned
by an individual or entity if the average
adjusted gross income of the entity or
individual combined with the income of the
individual"s spouse exceeds $250,000.
``(B) Producer exemption.--Notwithstanding
any other provision of law, an individual or
entity shall not be eligible to receive any
benefit described in paragraph (2) and no
benefits shall be provided on land owned by an
individual or entity during a crop year if the
average adjusted gross income of the entity or
individual combined with the income of the
individual's spouse exceeds $125,000, unless
not less than 66.66 percent of the average
adjusted gross income of the entity or
individual combined with the income of the
individuals spouse is derived from farming,
ranching, or forestry operations, as determined
by the Secretary.'';
(2) in paragraph (2), by striking subparagraph (C);
and
(3) by adding at the end the following new paragraph:
``(3) Income derived from farming, ranching or
forestry operations.--In determining what portion of
the average adjusted gross income of an individual or
entity is derived from farming, ranching, or forestry
operations, the Secretary shall include income derived
from the following:
``(A) The production of crops, livestock, or
unfinished raw forestry products.
``(B) The sale, including the sale of
easements and development rights, of farm,
ranch, or forestry land or water rights.
``(C) The sale, but not as a dealer, of
equipment purchased to conduct farm, ranch, or
forestry operations when the equipment is
otherwise subject to depreciation expense.
``(D) The rental of land used for farming,
ranching, or forestry operations.
``(E) The provision of production inputs and
services to farmers, ranchers, and foresters.
``(F) The processing, storing, and
transporting of farm, ranch, and forestry
commodities.
``(G) The sale of land that has been used for
agriculture.''.
SEC. 1508. REGULATIONS.
(a) In General.--The Secretary of Agriculture may promulgate
such regulations as are necessary to implement this Act and the
amendment made to this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act and the amendments made by this Act
shall be made without regard to
(1) the notice and comment provisions of section 553
of title 5, United States Code;
(2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and
public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying
out this section, the Secretary shall use the authority
provided under section 808 of title 5, 21 United States Code.
Strike section 1512 (title I, page 109, beginning line 1),
relating to mandatory reporting for peanuts
At the end of title I insert the following:
Subtitle F--Risk Management Accounts
SEC. 1601. ESTABLISHMENT OF RISK MANAGEMENT ACCOUNTS.
(a) In General.--The Secretary shall establish optional Risk
Management Accounts for all eligible farmers and offer
incentives to encourage farmers to save money during years of
high profits to use during years of low profits, and for
retirement.
(b) Definitions.--For purposes of this section--
(1) Operator.--The term ``operator'' means an
individual or entity that--
(A) either--
(i) during each of the preceding 5
taxable years, filed a schedule F of
the Federal income tax returns or a
comparable tax form related to the
agricultural operations of the
individual or entity, as approved by
the Secretary; or
(ii) is a beginning farmer or
rancher, as determined by the
Secretary; and
(B) earned--
(i) at least $10,000 in average
adjusted gross revenue for the
preceding 5 taxable years;
(ii) less than such amount, but is a
limited resource farmer or rancher, as
determined by the Secretary; or
(iii) at least $10,000 in estimated
income from all agricultural operations
for the applicable year, as determined
by the Secretary, and is a beginning
farmer or rancher under subparagraph
(A)(ii).
(2) Farm.--The term ``farm'' is land used for
production of crops, livestock and other agricultural
products of which the operator has more than de-minimis
control or ownership.
(3) Adjusted gross revenue.--The term ``adjusted
gross revenue'' means the adjusted gross income as
determined by the Secretary, from the sale of
agricultural crops grown, dairy products produced, and
livestock raised as part of an agricultural operation--
(A) by taking into account gross receipts
from the sale of agricultural crops, eligible
livestock and dairy products on the
agricultural operation, including insurance
indemnities;
(B) by including all farm payments paid by
the Secretary or any other government entity
for the agricultural operation related to
agricultural crops, eligible livestock and
dairy products;
(C) by deducting the cost or basis of
livestock or other items purchased for resale,
such as feeder livestock, on the agricultural
operation;
(D) by excluding revenues that do not arise
from the sale of crops grown, dairy products
produced or livestock raised on an agricultural
operation, such as revenues associated with the
packaging, merchandising, marketing and
reprocessing of the agricultural product beyond
that typically undertaken by a producer of the
crop, dairy products or livestock as determined
by the Secretary;
(E) by using with such adjustments, additions
and additional documentation as the Secretary
determines is appropriate, information
presented on--
(i) a schedule F of the Federal
income tax returns of the producer; or
(ii) a comparable tax form related to
the agricultural operations of the
producer, as approved by the Secretary.
(c) Establishment.--Any operator of a farm, including dairy
farms and ``specialty crop'' farms, may establish a Risk
Management Account in the name of the farm to be jointly
administered by the Secretary and a private banking
institution, credit union, or other approved lender.
(d) Voluntary Contributions.--An operator of a farm may make
voluntary contributions to their Risk Management Account up to
the limits specified in section 219(b)(5)(A) of the Internal
Revenue Code of 1986, as amended.
(e) Incentives for Contributions.--For producers eligible for
Direct Payments under Subtitle A of this Act, for each dollar
contributed to the account by the producer, up to the full
amount of the Direct Payment received in that year, the
Secretary shall make a matching contribution of 5 percent.
(f) Withdrawals.--An operator who establishes an account may
withdraw funds under the following conditions and amounts:
(1) In a year when the farm's adjusted gross revenue
is less than 95 percent of the five-year average
adjusted gross revenue, the producer may withdraw funds
up to the amount of the difference.
(2) Up to 10 percent of the account balance for
investments in rural enterprises that contribute to the
agricultural economy, as defined by the Secretary, no
more than once in any five-year period.
(3) When withdrawals are necessary to protect the
solvency of the farm, as determined by the Secretary.
(4) To purchase revenue or crop insurance.
(5) Without restriction once the farmer has retired
from farming, as determined by the farmer"s no longer
filing a Schedule F Income Tax Return.
(g) Violations.--If an operator fails to meet the conditions
established for a contribution to an account, the operator
shall refund to the Secretary an amount equal to the
contribution in any fiscal year in which a violation occurred.
(h) Sale or Transfer.--If an operator sells or transfers a
farm, the operator may elect to--
(1) transfer all or a portion of the account to
another farm in which the operator has a controlling
ownership interest or acquires a controlling ownership
interest within two years of the sale or transfer of
the original agricultural operation;
(2) transfer the account to the purchaser of the farm
if the operator is not already a holder of an account;
or
(3) rollover the account into an Individual
Retirement Account pursuant to section 408 of the
Internal Revenue Code of 1986 of the operator, if the
operator is a natural person, or, if the operator is an
entity, into the accounts of any natural person who has
a substantial beneficial interest in the farm that is
the subject of the account.
(i) Conservation Compliance.--Any operator and any holder of
a beneficial interest in a farm subject to an account shall--
(1) comply with applicable conservation requirements
under subtitle B of title XII of the Food Security Act
of 1985 (16 U.S.C. 3811 et seq.); and
(2) comply with applicable wetland conservation
requirements under subtitle C of title XII of that Act
(16 U.S.C. 3821 et seq.).
[CONSERVATION TITLE]
In the matter proposed to be inserted by section 2103 strike
``2012'' and inserting ``2009''.
[Section 2104 is amended in subsection (b) by striking ``by
striking paragraph (1)'' and all that follows through ``2012''
and inserting in paragraph (1), by striking ``2,000,000 acres''
and inserting ``5,000,000 acres''.]
In section 2104 redesignate subsections (d) and (e) as
subsections (e) and (f) and insert after subsection (c) the
following:
(d) Grassland Reserve Program.--Section 1241(a) of the Food
Security Act of 1985 (16 U.S.C. 3841(a)) is amended by striking
paragraph (5) and inserting the following new paragraph:
``(5) For each of fiscal years 2008 through 2012, the
grassland reserve program under subchapter C of chapter
2''.
Add at the end of section 2104 insert the following:
(e) Extension and Funding.--Section 1241(a) of the Food
Security Act of 1985 (16 U.S.C. 3841(a)) is amended by striking
paragraph (5) and inserting the following new paragraph:
``(5) For each of fiscal years 2008 through 2012, the
grassland reserve program under subchapter C of chapter
2.''.
(f) Enrollment Goals.--Section 1238N(b) of such Act (16
U.S.C. 3838N(b)) is amended in paragraph (1), by striking
``2,000,000 acres'' and inserting ``5,000,000 acres''.
In the matter to be inserted by section 2301 strike
subparagraphs (A) through (E) and insert the following:
(A) $20,000,000.
(B) $40,000,000.
(C) $50,000,000.
(D) $90,000,000.
(E) ``$100,000,000.
At the end of subtitle C of title I insert the following:
SEC. 2303. COMMUNITY FORESTS AND OPEN SPACE CONSERVATION PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The United States Forest Service projects that 44
million acres of privately owned forested land will be
developed in the United States by 2030, including many
of the most important remaining forested parcels within
and adjacent to communities.
(2) There is an urgent need to assist local
governments in raising the funds necessary to purchase
the most important of these parcels of privately owned
forested land as they come up for sale.
(3) The breakup of forested land into smaller parcels
has resulted in an increasing number of owners of
privately owned forested land, but many of these owners
have little or no experience in forest stewardship.
(4) In fast growing communities of all sizes across
the United States, the remaining parcels of privately
owned forested land play an essential role in
protecting public water supplies, which has lead many
local governments to purchase these lands for municipal
or county ownership.
(5) Rising rates of obesity and other public health
problems related to inactivity have been shown to be
ameliorated by improving public access to safe and
pleasing areas for outdoor recreation, which has lead
many local governments to purchase lands for
recreational purposes under municipal or county
ownership.
(6) Across the United States, many communities of
diverse types and sizes are deriving significant
financial benefit from owning and managing municipal or
county forestlands as a source of local revenue that
also contributes significantly to the health of the
forest products economy at the local and national
levels.
(7) The access to privately owned forested land for
hunting, fishing, and trapping has declined, and the
number of persons participating in these activities has
likewise declined, as these lands are divided into
smaller parcels and more owners of privately owned
forested land post their land against public use, which
has lead many local governments to purchase forestlands
to guarantee access for hunting, fishing, and trapping.
(8) There is a national interest and an urgent need
to assist local governments in raising the funds
necessary to purchase important privately owned
forested land that will maintain the diverse public
benefits of forestlands close to or within all manner
of communities nationwide, from close-knit rural
communities to fast growing suburban and exurban areas.
(b) Establishment of Program.--The Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2101 et seq.) is amended by
adding at the end the following new section:
``SEC. 21. FORESTS AND OPEN SPACE CONSERVATION PROGRAM.
``(a) Establishment and Purpose.--The Secretary of
Agriculture shall establish within the Forest Service a program
to be known as the `Community Forests and Open Space
Conservation Program' (in this section referred to as the
`Program') for the purpose of assisting local governments in a
State selected to participate in the Program to acquire
forested land that--
``(1) is economically, culturally, and
environmentally important to the locality in which the
land is located;
``(2) is threatened by conversion to non-forest uses;
and
``(3) will conserve public access to and benefit from
the land for a wide variety of public purposes,
including model forest stewardship, sustainable timber
production, forest-based educational and cultural
activities, wildlife habitat protection, watershed
protection, or outdoor recreation, including hunting
and fishing.
``(b) Selection of Participating States.--
``(1) Selection.--Not later than one year after the
date of the enactment of this section, the Secretary
shall select at least one State in each of the New
England, Mid-Atlantic, Midwest, South, West, and
Pacific Northwest regions of the United States to
participate in the Program. The Secretary shall make
the selections from among applications submitted by
willing States. No State shall be compelled to
participate in the Program.
``(2) Implementation.--Authority for implementation
of the Program in a participating State shall lie with
the State forester, equivalent State official, or other
appropriate State natural resource management agency
designated by the Governor of the State.
``(c) Eligibility and Ranking Criteria.--
``(1) State assessment of need.--Each participating
State shall prepare an assessment of need that
identifies the geographic areas within the State that
will be the focus of land acquisition activities under
the Program and priority objectives for conservation,
based on conditions and public needs in the State. This
requirement may be satisfied by inclusion of the
assessment as part of an integrated State-wide forest
planning process for application of Federal programs in
the State.
``(2) Establishment of criteria.--Not later than one
year after the date of the enactment of this section,
the Secretary shall establish eligibility and ranking
criteria for the selection of land acquisition
proposals to receive funding under the Program. The
Secretary shall establish the criteria in consultation
with State Forest Stewardship Advisory Committees,
State Urban and Community Forestry Advisory Committees,
and similar organizations.
``(3) Priorities.--In establishing the eligibility
and ranking criteria under paragraph (2), the Secretary
shall give priority to the acquisition of lands that--
``(A) meet identified local open space and
natural resource needs, as expressed in town
plans, regional plans, or other relevant local
planning documents;
``(B) can be effectively managed to model
good forest stewardship for private landowners
and support forest-based educational programs,
including vocational education in forestry;
``(C) provide significant protection of
public water supplies or other waterways;
``(D) can offer long-term economic benefit to
communities through forestry;
``(E) contain important wildlife habitat;
``(F) provide convenient public access for
outdoor recreation, including hunting and
fishing; and
``(G) are most threatened with conversion to
nonforest uses.
``(d) Application and Ranking of Proposals.--
``(1) Preparation and contents.--A local government
in a participating State may prepare an application for
assistance under the Program in the acquisition of
forested land within the geographic program focus area
in the State identified under subsection (c)(1). The
application shall include certification by the
appropriate unit or units of local government that the
proposed land acquisition is consistent with any
comprehensive plans for development adopted by the unit
of local government and include such other information
as the Secretary may prescribe.
``(2) Submission.--Participating States shall rank
all applications according to priority and submit the
applications to the Secretary at such times and in such
form as the Secretary may prescribe.
``(3) National list.--The Secretary shall maintain a
national list of all submitted applications, ranked
according to the criteria established pursuant to
subsection (c).
``(e) Ownership of Land.--
``(1) Government ownership.--Except as provided in
paragraph (2), all land acquired in whole or in part
using funds provided under the Program shall be owned
in fee simple by a local government, such as a
municipality or county.
``(2) Nonprofit organization ownership.--Upon the
request of a participating State, designated nonprofit
organizations operating within that State may also own
land acquired using funds provided under the Program,
subject to the condition that the land is open for
public access consistent with the purposes and criteria
of the Program.
``(3) Effect of violation.--If the owner of land
acquired in whole or in part using funds provided under
the Program sells the land, the owner shall reimburse
the Secretary for the full amount of the funds provided
under the Program, plus a penalty equal to 50 percent
of the sale price or appraised value of the land at the
time of the sale, whichever is greater. The local
government or designated nonprofit organization that
sold the land shall no longer be eligible for
assistance under the Program.
``(f) Duties of Owners.--
``(1) Use and prohibition on conversion.--The owner
of land acquired in whole or in part using funds
provided under the Program shall manage the land in a
manner that is consistent with the purposes for which
the land was purchased under the Program and shall not
convert the property to other nonforest uses. Public
access for compatible recreational uses, as determined
by the owner, shall be required.
``(2) Management plan.--Not later than two years
after the closing date on the purchase of land using
funds under the Program, the owner of the land shall
complete a management plan for the land, which shall be
subject to the approval of the responsible State
agency. Management plans shall be created through a
public process that allows for community participation
and input.
``(g) Cost Sharing Requirements.--
``(1) Cost sharing.--In accordance with such terms
and conditions as the Secretary may prescribe, costs
for the acquisition of land under the Program, and
other costs associated with the Program, shall be
shared among participating entities, including State,
county, municipal, and other governmental units,
landowners, corporations, or private organizations.
Such costs may include costs associated with planning,
administration, property acquisition, and property
management. The Secretary may authorize in-kind
contributions.
``(2) Federal cost share.--The Federal share of the
cost to acquire land under the Program shall not exceed
50 percent of the total cost to acquire the land.
Payments under this section shall be made in accordance
with Federal appraisal and acquisition standards and
procedures.
``(3) Administration and technical assistance.--In
order to assist local governments in achieving model
stewardship of land acquired under the Program, 10
percent of all funds appropriated for a fiscal year for
the Program shall be allocated to the responsible State
agencies in participating States to administer the
Program and to provide technical assistance to local
governments for forest stewardship, including
development and implementation of management plans
required by subsection (f)(2).
``(h) Private Property Protections.--
``(1) Access.--Nothing in this section--
``(A) requires a private property owner to
permit public access (including Federal, State,
or local government access) to private
property; or
``(B) modifies any provision of Federal,
State, or local law with regard to public
access to, or use of, private land.
``(2) Liability.--Nothing in this section creates any
liability, or has any effect on liability under any
other law, of a private property owner with respect to
any persons injured on the private property.
``(3) Recognition of authority to control land use.--
Nothing in this section modifies any authority of
Federal, State, or local governments to regulate land
use.
``(4) Participation of private property owners.--
Nothing in this section requires a private property
owner to participate in the Program.
``(i) Authorization of Appropriations.--Of the funds
available through the Commodity Credit Corporation, The
Secretary shall use to carry out the Program $10,000,000 for
each of the fiscal years 2008 through 2012.''.
In the matter to be inserted by section 2401(b) strike
``2011'' and insert ``2008'' and before clause (i) insert the
following (and redesignate subsequent clauses accordingly):
``(i) $200,000,000 for fiscal year 2009;
``(ii) $350,000,000 for fiscal year 2010;
``(iii) $500,000,000 for fiscal year 2011;''.
In the matter to be inserted by section 2401(d) strike
subparagraphs (A) through (D) and insert the following:
``(A) $1,675,000,000 in fiscal year 2008;
``(B) $1,840,000,000 in fiscal year 2009;
``(C) $1,840,000,000 in fiscal year 2010;
``(D) $1,940,000,000 in fiscal year 2011;
and''.
Section 2401(e) is amended to read as follows:
(e) Wildlife Habitat Incentives Program.--Paragraph (7) of
section 1241(a) of the Food Security Act of 1985 (16 U.S.C.
3841(a)) is amended to read as follows:
``(7) The wildlife habitat incentives program under
section 1240N, using, to the maximum extent
practicable--
``(A) $85,000,000 in fiscal year 2008;
``(B) $100,000,000 in fiscal year 2009;
``(C) $140,000,000 in fiscal year 2010;
``(D) $150,000,000 in fiscal years 2011 and
2012.''.
[TRADE TITLE]
Strike section 3005 (relating to the McGovern-Dole
International Food for Education and Child Nutrition Program)
and insert the following:
SEC. 3005. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM.
(a) Administration of Program.--Section 3107 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1) is
amended--
(1) in subsection (d), in the matter preceding
paragraph (1), by striking ``The President shall
designate 1 or more Federal agencies to'' and inserting
``The Secretary shall'';
(2) in subsection (f)(2), in the matter preceding
subparagraph (A), by striking ``implementing agency''
and inserting ``Secretary''; and
(3) in subsections (c)(2)(B), (f)(1), (h)(1) and(2),
and (i), by striking ``President'' each place it
appears and inserting ``Secretary''.
(b) Funding.--Subsection (1) of such section is amended--
(1) by striking paragraphs (1) and (2) and inserting
the following:
``(1) Use of commodity credit corporation funds.--Of
the funds of the Commodity Credit Corporation, the
Secretary shall use to carry out this section--
``(A) $140,000,000 for fiscal year 2008;
``(B) $180,000,000 for fiscal year 2009;
``(C) $220,000,000 for fiscal year 2010;
``(D) $260,000,000 for fiscal year 2011; and
``(E) $300,000,000 for fiscal year 2012.'';
(2) by redesignating paragraph (3) as paragraph (2);
and
(3) in paragraph (2) (as redesignated by paragraph
(2)), by striking ``any Federal agency implementing or
assisting'' and inserting ``the Department of
Agriculture or any other Federal department or agency
assisting''.
[NUTRITION TITLE]
In title IV of the bill, strike section 4008 (relating to
Adjusting Countable Resources for Inflation), as added to the
bill by the En Bloc Amendment adopted, and insert the following
(and make such technical and conforming changes as may be
appropriate).
SEC. 4008. ADJUSTING COUNTABLE RESOURCES FOR INFLATION.
Section (5)(g) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)) is amended--
(1) by striking ``(g)(1) The Secretary'' and
inserting the following:
``(g) Allowable Financial Resources.--
``(1) Total amount.--
``(A) In general.--The Secretary''.
(2) in subparagraph (A) (as so designated by
paragraph (1))--
(A) by striking ``$2,000'' and inserting
``$2,700 (as adjusted in accordance with
subparagraph (B))''; and
(B) by striking ``$3,000'' and inserting
``$3,900 (as adjusted in accordance with
subparagraph (B)),''; and
(3) by adding at the end the following:
``(B) Adjustment for inflation.--
``(i) In general.--Beginning on
October 1, 2008, and each October 1
thereafter, the amounts in subparagraph
(A) shall be adjusted to the nearest
$100 increment to reflect changes for
the 12-month period ending the
preceding June in the Consumer Price
Index for All Urban Consumers published
by the Bureau of Labor Statistics of
the Department of Labor.
``(ii) Requirement.--Each adjustment
under clause (i) shall be based on the
unrounded amount for the prior 12-month
period.''.
At appropriate places throughout title IV, insert the
following (and make such technical and conforming changes as
may be appropriate):
SEC. __. EXCLUDING COMBAT RELATED PAY FROM COUNTABLE INCOME.
Section (5)(d) of the Food Stamp Act of 1977 (7 U.S.C.
2014(d)) is amended--
(1) by striking ``and (18)'', and inserting ``(18)'',
and
(2) by inserting before the period at the end the
following: ``and (19) any additional payment received
under Chapter 5 of title 37, United States Code, by (or
as an allotment to or transfer from) a member of the
United States Armed Forces deployed to a designated
combat zone for the duration of the member's deployment
to or service in a combat zone if the additional pay
was not received immediately prior to serving in that
or another combat zone.''.
SEC. __. INCREASING THE STANDARD DEDUCTION.
Section (5)(e)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2014(e)(1)) is amended--
(1) in subparagraph (A)(ii) by striking ``not less
than $134'' and all that follows through the period at
the end, and inserting the following: ``not less than
$156, $267, $220, and $137, respectively. On October 1,
2008, and each October 1 thereafter, such standard
deduction shall be an amount that is equal to the
amount from the previous fiscal year adjusted to the
nearest lower dollar increment to reflect changes in
the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics, for items
other than food, for the 12 months ending the preceding
June 30.''; and
(2) in subparagraph (B)(ii) by striking ``not less
than $269.'' and inserting the following: ``not less
than $313. On October 1, 2008, and each October 1
thereafter, such standard deduction shall be an amount
that is equal to the amount of the previous fiscal year
adjusted to the nearest dollar increment to reflect
changes in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics,
for items other than food, for the 12 months ending the
preceding June 30.''.
SEC. __. EXCLUDING DEPENDENT CARE EXPENSES.
Section (5)(e)(3)(A) of the Food Stamp Act of 1977 (7 U.S.C.
2014(e)(3)(A)) is amended by striking ``, the maximum allowable
level of which shall be $200 per month for each dependent child
under 2 years of age and $175 per month for each other
dependent,''.
SEC. __. ADJUSTING COUNTABLE RESOURCES FOR INFLATION.
Section (5)(g) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)) is amended--
(1) by striking ``(g)(1) The Secretary'' and
inserting the following:
``(g) Allowable Financial Resources.--
``(1) Total amount.--
``(A) In general.--The Secretary''.
(2) in subparagraph (A) (as so designated by
paragraph (1))--
(A) by inserting ``(as adjusted in accordance
with subparagraph (B))'' after ``$2,000''; and
(B) by inserting ``(as adjusted in accordance
with subparagraph (B))'' after ``$3,000''; and
(3) by adding at the end the following:
``(B) Adjustment for inflation.--
``(i) In general.--Beginning on
October 1, 2007, and each October 1
thereafter, the amounts in subparagraph
(A) shall be adjusted to the nearest
$100 increment to reflect changes for
the 12-month period ending the
preceding June in the Consumer Price
Index for All Urban Consumers published
by the Bureau of Labor Statistics of
the Department of Labor.
``(ii) Requirement.--Each adjustment
under clause (i) shall be based on the
unrounded amount for the prior 12-month
period.''.
SEC. __. EXCLUDING EDUCATION ACCOUNTS FROM COUNTABLE INCOME.
Section (5)(g) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)) is amended by adding at the end the following:
``(7) Exclusion of education accounts from countable
resources.--
``(A) Mandatory exclusions.--The Secretary
shall exclude from financial resources under
this subsection the value of any funds in a
qualified tuition program described in section
529 of the Internal Revenue Code of 1986 or in
a Coverdell education savings account under
section 530 of that Code.
``(B) Discretionary exclusions.--The
Secretary may also exclude from financial
resources under this subsection the value of
any program or account included in any
successor or similar provision that is enacted
and determined to be exempt from taxation under
the Internal Revenue Code of 1986.''.
SEC. __. EXCLUDING RETIREMENT ACCOUNTS FROM COUNTABLE INCOME.
Section (5)(g) of the of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)), as amended by the preceding section, is amended--
(1) in subsection (g)(2)(B)(v) by striking ``or
retirement account (including an individual account)''
and inserting ``account''; and
(2) adding at the end the following:
``(8) Exclusion of retirement accounts from countable
resources.--
``(A) Mandatory exclusions.--The Secretary
shall exclude from financial resources under
this subsection the value of any funds in a
plan, contract, or account as described in
section 401(a), 403(a), 403(b), 408, 408A,
457(b), or 501(c)(18) of the Internal Revenue
Code of 1986 and the value of funds in a
Federal Thrift Savings Plan account as provided
section 8439 of title 5, United States Code.
``(B) Discretionary exclusions.--
``(i) The Secretary may exclude from
financial resources under this
subsection any other retirement plans,
contracts, or accounts that have been
determined to be tax qualified
retirement plans, contracts, or
accounts, under the Internal Revenue
Code of 1986.
``(ii) The Secretary may also exclude
from financial resources under this
subsection the value of any program or
account included in any successor or
similar provision that is enacted and
determined to be exempt from taxation
under the Internal Revenue Code of
1986.''.
SEC. __. INCREASING THE MINIMUM BENEFIT.
Section 8(a) of the Food Stamp Act of 1977 (7 U.S.C. 2017(a))
is amended by striking ``$10 per month'' and inserting ``10
percent of the thrifty food plan for a household containing 1
member, as determined by the Secretary under section 3(o)''.
SEC. __. EMERGENCY FOOD ASSISTANCE PROGRAM.
Section 27(a) of the Food Stamp Act of 1977 (7 U.S.C.
2036(a)) is amended by--
(1) by striking ``(a) Purchase of Commodities'' and
all that follows through 2007' and inserting the
following:
``(a) Purchase of Commodities.--
``(1) In general.--As provided in paragraph (2), for
each of the fiscal years 2008 through 2012'';
(2) by striking ``$140,000,000 of''; and
(3) by adding at the end the following:
``(2) Amounts.--The following amounts are made
available to carry out this subsection:
``(A) for fiscal year 2008, $250,000,000; and
``(B) for each of the fiscal years 2009
through 2012, the dollar amount of commodities
specified in subparagraph (A) adjusted by the
percentage by which the thrifty food plan has
been adjusted under section 3(o)(4) between
June 30, 2007 and June 30 of the immediately
preceding fiscal year.''.
SEC. __. FRUIT AND VEGETABLE NUTRITION PROMOTION PROGRAM.
(a) In General.--The Secretary of Agriculture, acting through
the Administrator of the Agricultural Marketing Service, shall
establish and carry out a program to provide assistance to
eligible trade organizations described in paragraph (3) to
increase the consumption of fruits and vegetables in the United
States to meet Federal health guidelines.
(b) Requirements for Participation.--To be eligible for
assistance under this section, an eligible trade organization
shall--
(1) prepare and submit a plan to increase the
consumption of fruits and vegetables in the United
States to the Administrator of the Agricultural
Marketing Service that meets any guidelines governing
such plans established by the Administrator; and
(2) meet any other requirements established by the
Administrator.
(c) Eligible Trade Organizations.--An eligible trade
organization referred to in paragraph (1) means any of the
following:
(1) A nonprofit fruit and vegetable trade
organizations in the United States.
(2) A nonprofit State or regional fruit and vegetable
organization.
(3) A fruit and vegetable agricultural cooperative in
the United States.
(4) A commodity board or commission in the United
States.
(5) A small business engaged in the fruit and
vegetable industry in the United States.
(d) Matching Funds.--Assistance provided under this section
shall not exceed--
(1) in the case of an organization described in
paragraphs (1) through (5) of subsection (c), 90
percent of the cost of the plan to increase the
consumption of fruits and vegetables in the United
States submitted under paragraph (b)(1); and
(2) in the case of an organization described in
paragraph (c)(5), 50 percent of the cost of the plan to
increase the consumption of fruits and vegetables in
the United States submitted under paragraph (b)(1).
(e) Funding.--Of the funds of the Commodity Credit
Corporation, the Administrator of the Agricultural Marketing
Service shall use $15,000,000 in each of fiscal years 2008
through 2012 to carry out this section.
In section 4020(a), strike paragraph (4) and insert the
following:
(4) by inserting after subsection (f) the following:
``(g) Funding.--For each of the fiscal years 2008 through
2012, the Secretary shall use $30 million of the funds,
facilities and authorities of the Commodity Credit Corporation
to carry out this section.''.
In section 4303(4)(A), strike clause (ii) and insert the
following:
(ii) by striking ``$9,000,000'' and
inserting ``$100,000,000''.
At the end of subtitle C of title IV, insert the
following(and make such technical and conforming changes as may
be appropriate):
SEC. ___. HUNGER-FREE COMMUNITIES.
(a) Definitions.--In this section:
(1) Domestic hunger goal.--The term ``domestic hunger
goal'' means--
(A) the goal of reducing hunger in the United
States to at or below 2 percent by 2010; or
(B) the goal of reducing food insecurity in
the United States to at or below 6 percent by
2010.
(2) Emergency feeding organization.--The term
``emergency feeding organization'' has the meaning
given the term in section 201A of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7501).
(3) Food security.--The term ``food security'' means
the state in which an individual has access to enough
food for an active, healthy life.
(4) Hunger-free communities goal.--The term ``hunger-
free communities goal'' means any of the 14 goals
described in the H. Con. Res. 302 (102nd Congress).
(b) Hunger Reports.--
(1) Study.--
(A) Timeline.--
(i) In general.--Not later than 1
year after the date of enactment of
this Act, the Secretary shall conduct a
study of major matters relating to the
problem of hunger in the United States,
as determined by the Secretary.
(ii) Update.--Not later than 5 years
after the date on which the study under
clause (i) is conducted, the Secretary
shall update the study.
(B) Matters to be assessed.--The matters to
be assessed by the Secretary in the study and
update under this paragraph shall include--
(i) data on hunger and food
insecurity in the United States;
(ii) measures carried out during the
previous year by Federal, State, and
local governments to achieve domestic
hunger goals and hunger-free
communities goals;
(iii) measures that could be carried
out by Federal, State, and local
governments to achieve domestic hunger
goals and hunger-free communities
goals; and
(iv) the impact of hunger and
household food insecurity on obesity,
in the context of poverty and food
assistance programs.
(2) Recommendations.--The Secretary shall develop
recommendations on--
(A) removing obstacles to achieving domestic
hunger goals and hunger-free communities goals;
and
(B) otherwise reducing domestic hunger.
(3) Report.--The Secretary shall submit to the
President and Congress--
(A) not later than 1 year after the date of
enactment of this Act, a report that contains--
(i) a detailed statement of the
results of the study, or the most
recent update to the study, conducted
under paragraph (1)(A); and
(ii) the most recent recommendations
of the Secretary under paragraph (2);
and
(B) not later than 5 years after the date of
submission of the report under subparagraph
(A), an update of the report.
(c) Hunger-Free Communities Collaborative Grants.--
(1) Definition of eligible entity.--In this
subsection, the term ``eligible entity'' means a public
food program service provider or a nonprofit
organization, including but not limited to an emergency
feeding organization, that demonstrates the
organization has collaborated, or will collaborate,
with 1 or more local partner organizations to achieve
at least 1 hunger-free communities goal.
(2) Program authorized.--
(A) In general.--The Secretary shall use not
more than 55 percent of any funds made
available under subsection (f) to make grants
to eligible entities to pay the Federal share
of the costs of an activity described in
paragraph (4).
(B) Federal share.--The Federal share of the
cost of carrying out an activity under this
subsection shall not exceed 80 percent.
(C) Non-federal share.--
(i) Calculation.--The non-Federal
share of the cost of an activity under
this subsection may be provided in cash
or in kind, fairly evaluated, including
facilities, equipment, or services.
(ii) Sources.--Any entity may provide
the non-Federal share of the cost of an
activity under this subsection through
a State government, a local government,
or a private source.
(3) Application.--
(A) In general.--To receive a grant under
this subsection, an eligible entity shall
submit an application to the Secretary at the
time and in the manner and accompanied by any
information the Secretary may require.
(B) Contents.--Each application submitted
under subparagraph (A) shall--
(i) identify any activity described
in paragraph (4) that the grant will be
used to fund;
(ii) describe the means by which an
activity identified under clause (i)
will reduce hunger in the community of
the eligible entity;
(iii) list any partner organizations
of the eligible entity that will
participate in an activity funded by
the grant;
(iv) describe any agreement between a
partner organization and the eligible
entity necessary to carry out an
activity funded by the grant; and
(v) if an assessment described in
paragraph (4)(A) has been performed,
include--
(I) a summary of that
assessment; and
(II) information regarding
the means by which the grant
will help reduce hunger in the
community of the eligible
entity.
(C) Priority.--In making grants under this
subsection, the Secretary shall give priority
to eligible entities that--
(i) demonstrate in the application of
the eligible entity that the eligible
entity makes collaborative efforts to
reduce hunger in the community of the
eligible entity; and
(ii)(I) serve a predominantly rural
and geographically underserved area;
(II) serve communities in which the
rates of food insecurity, hunger,
poverty, or unemployment are
demonstrably higher than national
average rates;
(III) provide evidence of long-term
efforts to reduce hunger in the
community;
(IV) provide evidence of public
support for the efforts of the eligible
entity; or
(V) demonstrate in the application of
the eligible entity a commitment to
achieving more than 1 hunger-free
communities goal.
(4) Use of funds.--
(A) Assessment of hunger in the community.--
(i) In general.--An eligible entity
in a community that has not performed
an assessment described in clause (ii)
may use a grant received under this
subsection to perform the assessment
for the community.
(ii) Assessment.--The assessment
referred to in clause (ii) shall
include--
(I) an analysis of the
problem of hunger in the
community served by the
eligible entity;
(II) an evaluation of any
facility and any equipment used
to achieve a hunger-free
communities goal in the
community;
(III) an analysis of the
effectiveness and extent of
service of existing nutrition
programs and emergency feeding
organizations; and
(IV) a plan to achieve any
other hunger-free communities
goal in the community.
(B) Activities.--An eligible entity in a
community that has submitted an assessment to
the Secretary shall use a grant received under
this subsection for any fiscal year for
activities of the eligible entity, including--
(i) meeting the immediate needs of
people in the community served by the
eligible entity who experience hunger
by--
(I) distributing food;
(II) providing community
outreach; or
(III) improving access to
food as part of a comprehensive
service;
(ii) developing new resources and
strategies to help reduce hunger in the
community;
(iii) establishing a program to
achieve a hunger-free communities goal
in the community, including--
(I) a program to prevent,
monitor, and treat children in
the community experiencing
hunger or poor nutrition; or
(II) a program to provide
information to people in the
community on hunger, domestic
hunger goals, and hunger-free
communities goals; and
(iv) establishing a program to
provide food and nutrition services as
part of a coordinated community-based
comprehensive service.
(d) Hunger-Free Communities Infrastructure Grants.--
(1) Definition of eligible entity.--In this
subsection, the term ``eligible entity'' means an
emergency feeding organization (as defined in section
201A(4) of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501(4))).
(2) Program authorized.--
(A) In general.--The Secretary shall use not
more than 45 percent of any funds made
available under subsection (f) to make grants
to eligible entities to pay the Federal share
of the costs of an activity described in
paragraph (4).
(B) Federal share.--The Federal share of the
cost of carrying out an activity under this
subsection shall not exceed 80 percent.
(3) Application.--
(A) In general.--To receive a grant under
this subsection, an eligible entity shall
submit an application to the Secretary at the
time and in the manner and accompanied by any
information the Secretary may require.
(B) Contents.--Each application submitted
under subparagraph (A) shall--
(i) identify any activity described
in paragraph (4) that the grant will be
used to fund; and
(ii) describe the means by which an
activity identified under clause (i)
will reduce hunger in the community of
the eligible entity.
(C) Priority.--In making grants under this
subsection, the Secretary shall give priority
to eligible entities the applications of which
demonstrate 2 or more of the following:
(i) The eligible entity serves a
predominantly rural and geographically
underserved area.
(ii) The eligible entity serves a
community in which the rates of food
insecurity, hunger, poverty, or
unemployment are demonstrably higher
than national average rates.
(iii) The eligible entity serves a
community that has carried out long-
term efforts to reduce hunger in the
community.
(iv) The eligible entity serves a
community that provides public support
for the efforts of the eligible entity.
(v) The eligible entity is committed
to achieving more than 1 hunger-free
communities goal.
(4) Use of funds.--An eligible entity shall use a
grant received under this subsection for any fiscal
year to carry out activities of the eligible entity,
including--
(A) constructing, expanding, or repairing a
facility or equipment to support hunger relief
agencies in the community;
(B) assisting an emergency feeding
organization in the community in obtaining
locally-produced produce and protein products;
and
(C) assisting an emergency feeding
organization in the community to process and
serve wild game.
(e) Report.--Not later than September 30, 2013, the Secretary
shall submit to Congress a report describing--
(1) each grant made under this section, including--
(A) a description of any activity funded by
such a grant; and
(B) the degree of success of each activity
funded by such a grant in achieving hunger-free
communities goals; and
(2) the degree of success of all activities funded by
grants under this section in achieving domestic hunger
goals.
(f) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $50,000,000 for each
of fiscal years 2008 through 2013.
In subsection (a)(1) of the amendment made by section 4401(a)
of the bill, strike ``$15,000,000'' and insert ``$45,000,000''
In subsection (a) of the amendment made by section 4401(a) of
the bill, strike paragraph (2) and insert the following:
(2) There is authorized to be appropriated
$100,000,000 for each of fiscal years 2008 through 2012
to carry out and expand the senior farmers' market
nutrition programs.
At the end of subtitle D of title IV, insert the following
(and make such technical and conforming changes as may be
appropriate):
SEC. __. GRANTS FOR LOCAL FARMERS AND COMMUNITY FARMING.
(a) Grants to Assist Municipalities to Help Local Farmers to
Grow Food to Be Sold Locally.--
(1) In general.--The Secretary of Agriculture may
make a grant in accordance with this subsection to a
municipality to enable the municipality to facilitate
the ability of local farmers to grow food crops or
raise beef, poultry, or other consumable agricultural
products to be sold to the local community.
(2) Maximum amount of grant.--The amount of a grant
under this subsection shall not exceed $100,000.
(3) Use of grants.--
(A) In general.--A municipality to which a
grant is made under this subsection shall use
the grant, subject to subparagraph (B), to
establish a community supported agriculture
project, by--
(i) leasing municipal land to a
participating farmer;
(ii) providing a loan guarantee for a
loan made for the purchase or lease of
equipment or facilities to be used by a
participating farmer;
(iii) establish a kitchen certified
by relevant health authorities for use
by the participating farmer and other
farmers operating, as determined by the
municipality, locally or regionally; or
(iv) establish a beef, poultry or
other agricultural product processing
plant certified by relevant health
authorities for use by the
participating farmer or other farmers
operating, a determined by the
municipality, locally or regionally.
(B) Requirements relating to minimum output,
local sale, and under-served communities.--
(i) In general.--A lease entered into
or a loan guarantee provided pursuant
to this subsection shall provide that
the municipality may terminate the
lease or rescind the loan guarantee, as
the case may be, if, during each year
for which the lease or loan guarantee
is in effect--
(I) the total value of the
crops, beef, poultry, or other
consumable agricultural
products produced from the land
involved is less than $5,000;
(II) at least 30 percent of
the crops, beef, poultry, or
other consumable agricultural
products are not made available
for sale in an under-served
community; or
(III) at least 70 percent of
the crops, beef, poultry, or
other consumable agricultural
products are not made available
for sale locally or regionally.
(ii) Local or regional sale.--An
agricultural product shall be
considered to be made available for
sale locally or regionally for purposes
of this subsection if the product is
distributed within the locality or
region where produced, in a manner
which--
(I) ensures that information
regarding the product origin,
production practices, or other
similar information which is a
source of value to the end-use
consumer is typically conveyed;
(II) facilitates the
likelihood that the income of
the community supported
agriculture operation is
increased through maximization
of the share of the retail food
price retained by the producer;
(III) ensures that consumers
are provided with an affordable
product produced, processed,
and distributed in the locality
or region where the end-use
consumers acquire the product;
and
(IV) ensures that the product
has traveled less than half of
the current average distance of
all food produced and consumed
in the United States, as
determined by the Secretary.
(C) Public bidding required.--The
municipality shall solicit bids from the
general public for the leases and loan
guarantees to be provided by the municipality
pursuant to this subsection. The municipality
shall conduct the bidding in a manner that
creates a primary preference for minority and
socially-disadvantaged farmers and ranchers (as
defined in section 355(e) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2003
(e))) and a secondary preference for
participating farmers who will farm the land
organically.
(4) Limitations on authorization of appropriations.--
For grants under this subsection, there are authorized
to be appropriated to the Secretary not more than
$40,000,000 for each of fiscal years 2008 through 2013.
(b) Grants to Support the Formation of Community-Supported
Agricultural Projects.--
(1) In general.--The Secretary of Agriculture may
make a grant to enable a local nongovernmental farming
association that promotes community-based farming or to
a qualified farmer to provide technical, advisory, and
other assistance to support the formation of a
municipally-based community-supported agricultural
project.
(2) Maximum amount of grant.--The amount of a grant
under this subsection shall not exceed $25,000.
(3) Use of grants.--A grant recipient shall use the
grant to--
(A) provide public information about the
assistance available pursuant to this section;
(B) provide technical and advisory assistance
to participating farmers who enter into a lease
or receive a loan guarantee from a municipality
pursuant to section 1; or
(C) conduct training sessions on subjects
relevant to starting, operating, maintaining,
or marketing crops produced by participating
farmers.
(4) Definition.--In this subsection, the term
``qualified farmer'' means a farmer who demonstrated
expertise in setting up a profit-making enterprise,
such as a farm, a community supported agriculture
operation, or a farmers market that has been in
operation at least five years.
(5) Dispute resolution.--In the event of a landlord-
tenant dispute, dispute concerning ownership rights to
improved infrastructure, or other dispute between a
municipality and a participating farmer, the parties
shall utilize the services of the Certified State
Agricultural Mediation Program is administered by the
Farm Service Agency.
(6) Limitations on authorization of appropriations.--
For grants under this subsection, there are authorized
to be appropriated to the Secretary not more than
$10,000,000 for each of fiscal years 2008 through 2013.
(c) Grants to Provide Start-up Funds to Farmers Who Must
Diversify Their Operations in Order to Participate in
Community-Supported Agricultural Projects.--
(1) In general.--The Secretary of Agriculture may
make a one-time grant to provide start-up funding to an
agricultural producer who must diversify the
agricultural operations of the producer in order to
participate in a community-supported agricultural
project.
(2) Maximum amount of grant.--The amount of a grant
under this subsection shall not exceed $5,000.
(3) Use of grants.--An agricultural producer to whom
a grant is made under this subsection shall use the
grant to begin a new agricultural operation.
(4) Limitations on authorization of appropriations.--
For grants under this subsection, there are authorized
to be appropriated to the Secretary not more than
$2,000,000 for each of fiscal years 2008 through 2013.
(d) Marketing Assistance for Community Supported Agriculture
Projects.--The Secretary of Agriculture shall provide marketing
assistance to a participating farmer who has received a lease
or loan guarantee under section 1 that has not been terminated,
to assist the farmer in marketing to community institutions,
including schools, child care centers, and senior centers.
(e) Definitions.--In this section:
(1) Community-supported agricultural project.--The
term ``community-supported agricultural project'' means
a contract under which a group of consumers, a
nonprofit organization, or a public agency which
represents consumers is obligated to purchase a
specified amount of 1 or more agricultural products
directly from 1 or more agricultural producers during a
specific period.
(2) Farm vendor.--The term `farm vendor' means a
farmer, a member of the farmer's family, or employee of
the farmer, who sells their products at a farmers
market. The farm vendor must offer for sale at the
market only the food or other items that are grown or
produced by that farm.
(3) Marketing alliance.--The term ``marketing
alliance'' means a legally recognized entity, such as
the National Farmers Market Coalition, from which
growers and farmers market managers can obtain
technical support on farmers market issues.
(4) Municipality.--The term ``municipality'' includes
any city, town, borough, county, parish, district,
transportation district, assessment jurisdiction, or
other public body, or any other political subdivision
within the territorial limits of the United States,
created by or pursuant to State law or the law of an
Indian tribe or tribal organization, with the authority
to impose a tax, charge, or fee.
(5) Nongovernmental farming association.--The term
``nongovernmental farming association'' means any of
the following entities that has legal standing:
(A) A group of agricultural producers that
operates as a marketing alliance.
(B) A cooperative association, each of whose
owners and members is an agricultural producer.
(C) A group of 2 or more agricultural
producers or farm vendors who sell an
agricultural product through a common
distribution channel.
(D) A nonprofit organization with expertise
in farming.
(E) A network or association of agricultural
producers.
(6) Participating farmer.--The term ``participating
farmer'' means an agricultural producer who has made a
binding commitment to participate in a community-
supported agricultural project.
(7) State.--The term ``State'' includes the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, Guam, and
American Samoa.
(8) Under-served community.--The term ``under-served
community'' means an urban, rural, or tribal community
which has--
(A) limited access to affordable, healthy
foods, including fresh fruits and vegetables,
in retail grocery stores or farmer-to-consumer
direct markets;
(B) a high incidence of diet-related
diseases, including obesity;
(C) a high rate of hunger or food insecurity;
or
(D) severe or persistent poverty.
(f) Regulations.--The Secretary of Agriculture shall
prescribe such regulations as may be necessary to carry out
this section.
[RURAL DEVELOPMENT TITLE]
Strike section 6013 and insert the following:
SEC. 6013. RURAL ENTREPRENEUR AND MICROENTERPRISE ASSISTANCE PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development Act
is amended by inserting after section 364 (7 U.S.C. 2006f) the
following:
``SEC. 365. RURAL ENTREPRENEUR AND MICROENTERPRISE ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Economically disadvantaged microentrepreneur.--
The term `economically disadvantaged microentrepreneur'
means an owner, majority owner, or developer of a
microenterprise that has the ability to compete in the
private sector but has been impaired because of
diminished capital and credit opportunities, as
compared to other microentrepreneurs in the industry
involved.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
``(3) Intermediary.--The term `intermediary' means a
nonprofit entity that has a demonstrated capacity to
provide assistance--
``(A) to a microenterprise development
organization; or
``(B) for a microenterprise development
program.
``(4) Low-income individual.--The term `low-income
individual' means an individual with an income
(adjusted for family size) of not more than the
greatest of--
``(A) 80 percent of median income of the non-
metropolitan statistical area in which the
individual resides;
``(B) 80 percent of the statewide non-
metropolitan area median income; or
``(C) 80 percent of the national median
income.
``(5) Microcredit.--The term `microcredit' means a
business loan or loan guarantee of not more than
$50,000 that is provided to a rural entrepreneur.
``(6) Microenterprise.--The term `microenterprise'
means--
``(A) a self-employed individual; or
``(B) a business entity with not more than 10
full-time-equivalent employees.
``(7) Microenterprise development organization.--The
term `microenterprise development organization' means a
private, nonprofit entity that--
``(A) provides training and technical
assistance to rural entrepreneurs;
``(B) facilitates access to capital or
another service described in subsection (b) for
rural entrepreneurs; and
``(C) has a demonstrated record of delivering
services to economically disadvantaged
microentrepreneurs, or an effective plan to
develop a program to deliver microenterprise
services to rural entrepreneurs effectively, as
determined by the Secretary.
``(8) Microenterprise development program.--The term
`microenterprise development program' means a program
administered by an organization serving a rural area.
``(9) Microentrepreneur.--The term
`microentrepreneur' means the owner, operator, or
developer of a microenterprise.
``(10) Program.--The term `Program' means the rural
entrepreneur and microenterprise program established
under subsection (b)(1).
``(11) Qualified organization.--The term `qualified
organization' means----
``(A) an intermediary;
``(B) a microenterprise development
organization or microenterprise development
program that--
``(i) has a demonstrated record of
delivering microenterprise services to
rural entrepreneurs; or
``(ii) has an effective plan to
develop a program to deliver
microenterprise services to rural
entrepreneurs effectively, as
determined by the Secretary; or
``(C) an Indian tribe, the tribal government
of which certifies to the Secretary that no
microenterprise development organization or
microenterprise development program exists
under the jurisdiction of the Indian tribe;
``(D) a group of 2 or more organizations or
Indian tribes described in subparagraph (A) or
(B) that agree to act jointly as a qualified
organization under this section; or
``(E) for purposes of subsection (b), a
public college or university.
``(12) Rural capacity-building service.--The term
`rural capacity-building service' means a service
provided to an organization that--
``(A) is, or is in the process of becoming, a
microenterprise development organization or
microenterprise development program; and
``(B) serves rural areas for the purpose of
enhancing the ability of the organization to
provide training, technical assistance, and
other related services to rural entrepreneurs.
``(13) Rural entrepreneur.--The term `rural
entrepreneur' means a microentrepreneur, or prospective
microentrepreneur--
``(A) the principal place of business of
which is in a rural area; and
``(B) that is unable to obtain sufficient
training, technical assistance, or microcredit
elsewhere, as determined by the Secretary.
``(14) Secretary.--The term `Secretary' means the
Secretary of Agriculture, acting through the Rural
Business and Cooperative Development Service.
``(15) Tribal government.--The term `tribal
government' means the governing body of an Indian
tribe.
``(b) Rural Entrepreneurship and Microenterprise Program.--
``(1) Establishment.--The Secretary shall establish a
rural entrepreneurship and microenterprise program.
``(2) Purpose.--The purpose of the Program shall be
to provide low-income individuals and moderate-income
individuals with--
``(A) the skills necessary to establish new
microenterprises in rural areas; and
``(B) continuing technical and financial
assistance as individuals and business starting
or operating microenterprises.
``(3) Grants.--
``(A) In general.--The Secretary may make a
grant under the Program to a qualified
organization or intermediary--
``(i) to provide training,
operational support, or a rural
capacity-building service to another
qualified organization to assist the
other organization in developing
microenterprise training, technical
assistance, market development
assistance, and other related services,
for microenterprise, with an emphasis
on those that--
``(I) have 5 or fewer full-
time equivalent employees;
``(II) serve low income
individuals; or
``(III) serve areas that have
lost population;
``(ii) to assist in researching and
developing the best practices in
delivering training, technical
assistance, and microcredit to rural
entrepreneurs; and
``(iii) to carry out such other
projects and activities as the
Secretary determines to be consistent
with the purposes of this section.
``(B) Subgrants.--Subject to such regulations
as the Secretary may promulgate, a qualified
organization that receives a grant under this
paragraph may use the grant to provide
assistance to other qualified organizations,
such as small or emerging qualified
organizations.
``(C) Diversity.--In making grants under this
paragraph, the Secretary shall ensure, to the
maximum extent practicable, that grant
recipients include qualified organizations--
``(i) of varying sizes; and
``(ii) that serve racially and
ethnically diverse populations.
``(D) Matching requirement.--
``(i) In general.--As a condition of
any grant made under this paragraph,
the Secretary shall require the grantee
to expend for the project involved,
from non-Federal sources, not less than
25 percent of the total amount of the
grant.
``(ii) Form of contribution.--The
non-Federal share of the cost of a
project described in clause (i) may be
provided--
``(I) in cash (including
through fees, grants (including
community development block
grants), and gifts); or
``(II) in-kind.
``(4) Rural microloan program.--
``(A) Establishment.--In carrying out the
Program, the Secretary may carry out a rural
microloan program.
``(B) Purpose.--The purpose of the rural
microloan program shall be to provide technical
and financial assistance to microenterprises in
rural areas and rural entrepreneurs, with an
emphasis on those that--
``(i) have 5 or fewer full-time
equivalent employees;
``(ii) serve low income individuals;
or
``(iii) serve areas that have lost
population.
``(C) Authority of secretary.--In carrying
out the rural microloan program, the Secretary
may--
``(i) make loans to qualified
organizations for the purpose of making
short-term, fixed interest rate
microloans to startup, newly
established, and growing
microenterprises in rural areas; and
``(ii) in conjunction with the loans,
provide grants in accordance with
subparagraph (E) to the qualified
organizations for the purpose of
providing intensive marketing,
management, and technical assistance to
microenterprises in rural areas that
are borrowers under this subsection.
``(D) Loan duration; interest rates;
conditions.--
``(i) Loan duration.--A loan made by
the Secretary under this paragraph
shall be for a term not to exceed 20
years.
``(ii) Applicable interest rates.--A
loan made by the Secretary under this
paragraph shall bear an annual interest
rate of at least 1 percent.
``(E) Grant amounts.--
``(i) In general.--Except as
otherwise provided in this section,
each qualified organization that
receives a loan under this paragraph
shall be eligible to receive a grant to
provide marketing, management, and
technical assistance to
microenterprises in rural areas that
are borrowers or potential borrowers
under this subsection.
``(ii) Maximum amount of grant for
microenterprise development
organizations.--The amount of the grant
referred to in clause (i) shall be not
more than 25 percent of the total
outstanding balance of loans made by
the microenterprise development
organization under this paragraph as of
the date of provision of the grant,
except that for the first loan made to
a microenterprise development
organization, the Secretary may make a
grant not to exceed 25 percent of the
outstanding balance of the loan.
``(iii) Matching requirement.--
``(I) In general.--As a
condition of any grant made to
a qualified organization under
this subparagraph, the
Secretary shall require the
organization to expend for the
grant project involved, from
non-Federal sources, not less
than 15 percent of the total
amount of the grant.
``(II) Form of non-federal
share.--The non-Federal share
of the cost of a project
described in subclause (I) may
be provided--
``(aa) in cash; or
``(bb) in-kind.
``(c) Administrative Expenses.--Not more than 10 percent of
the assistance received by a qualified organization for a
fiscal year under this section may be used to pay
administrative expenses.
``(d) Funding.--
``(1) Mandatory funding.--
``(A) In general.--Of the funds of the
Commodity Credit Corporation, the Secretary
shall use to carry out this section $40,000,000
for each of fiscal years 2008 through 2012, to
remain available until expended.
``(B) Allocation of funds.--Of the amount
made available by subparagraph (A) for each
fiscal year--
``(i) not less than $24,000,000 shall
be available for use in carrying out
subsection (b)(3); and
``(ii) not less than $16,000,000
shall be available for use in carrying
out subsection (b)(4), of which not
more than $6,000,000 shall be used to
support loans.
``(2) Authorization of appropriations.--In addition
to amounts made available under paragraph (1), there
are authorized to be appropriated such sums as are
necessary to carry out this section for each of fiscal
years 2008 through 2012.''.
In section 231(b)(5)(A) of the Agricultural Risk Protection
Act of 2000, as proposed to be added by section 6027(b)(1) of
the bill--
(1) strike ``10'' and insert ``15'';
(2) insert ``(i)'' after ``benefit'';
(3) strike ``or socially'' and insert ``, (ii)
socially''; and
(4) insert ``, or (iii) an Indian tribe (as defined
in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b))'' before the
period.
In section 6045(g)(1) of the Farm Security and Rural
Investment Act of 2002, as proposed to be amended by section
6027(b) of the bill, strike ``$30,000,000'' and insert
``$50,000,000''.
[RESEARCH TITLE]
In section 7310, strike subsections (f) and (g) and insert
the following:
(f) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall make available
$25,000,000 for each of fiscal years 2008 through 2012.
In section 7411, strike subsections (g) and (h) that appear
within quotation marks and insert the following:
``(g) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available $100,000,000
for each of fiscal years 2008 through 2012.''.
[ENERGY TITLE]
Strike section 9013.
At the end of title IX, add the following new section:
SEC. __. VOLUNTARY RENEWABLE FUELS CERTIFICATION PROGRAM.
(a) Establishment.--The Secretary of Agriculture, in
consultation with the Administrator of the Environmental
Protection Agency, shall establish a program to certify biomass
crops that meet sustainable growing standards designed to
reduce greenhouse gases, protect wildlife habitat, and protect
air, soil, and water quality.
(b) Certification Requirements.--To qualify for certification
under the program established under subsection (a), a biomass
crop shall be inspected and certified as meeting the standards
adopted under subsection (c) by an inspector referred to in
subsection (d).
(c) Production Standards.--The Secretary shall adopt
standards for the certification of biomass crops under
subsection (b) that provide measurement of a numerical
reduction in greenhouse gases and soil and water pollutants,
based upon the recommendations of an advisory committee jointly
established by the Secretary and the Administrator.
(d) Inspectors.--The Secretary shall designate inspectors
that the Secretary determines are qualified to certify biomass
crops under this section to carry out inspections under
subsection (b).
(e) Designation of Certified Products.--A product produced
from a biomass crop that is certified under this section may be
designated as having been produced from a certified biomass
crop if the producer of the product verifies the product was
produced from such crop and the verification includes a copy of
the certification under subsection (b).
[HORTICULTURE TITLE]
At the end of subtitle C of title X, add the following new
section:
SEC. __. PESTICIDES.
(a) Recordkeeping and Reporting.--
(1) Amendment.--Section 1491 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 136i-1) is amended to read as follows:
``SEC. 1491. PESTICIDE RECORDKEEPING.
``(a) Requirements.--
``(1) In general.--The Secretary of Agriculture, in
consultation with the Administrator of the
Environmental Protection Agency, shall require
certified commercial applicators and private
applicators of pesticides (whether for general use or
restricted use) to maintain--
``(A) records comparable to records
maintained by commercial applicators of
pesticides, as required by the State in which
the pesticide is used, or
``(B) if there is no State requirement for
the maintenance of records, records that
contain the product and chemical name, the
registration number assigned to the pesticide
under the Federal Insecticide, Fungicide, and
Rodenticide Act, amount, date and time of
application, and location of application of
each such pesticide used in agricultural
production,
for a period of 20 years after the pesticide is used.
``(2) Provision of records to certain persons.--
Within 30 days of a pesticide application, a certified
commercial applicator shall provide a copy of records
maintained under paragraph (1) to the person for whom
such application was provided.
``(3) Provision of records to secretary.--Within 30
days of a pesticide application, a certified commercial
applicator or private applicator shall provide a copy
of records maintained under paragraph (1) to--
``(A) any State agency designated by the
State for such purpose; and
``(B) the Secretary of Agriculture.
``(4) Maintenance by secretary.--
``(A) Requirement.--Subject to subparagraph
(B), the Secretary of Agriculture shall
maintain records submitted to the Secretary
under paragraph (3) for a period of at least 20
years after the pesticide is used.
``(B) Exception.--The Secretary of
Agriculture is not required to maintain records
pursuant to subparagraph (A) if the Secretary
determines that the State in which the
pesticide is used will maintain such records
for a period of at least 20 years after such
use.
``(b) Access to Records.--
``(1) In general.--Upon request, records maintained
under subsection (a) shall be made available by
applicators and by the Secretary of Agriculture to the
following:
``(A) A Federal or State agency that deals
with pesticide use or any health, occupational
safety, or environmental issue related to the
use of pesticides.
``(B) Health care professionals treating
persons who reasonably believe that they have
been exposed to pesticides.
``(C) Agricultural workers who reasonably
believe they have been exposed to pesticides,
their immediate family members, and their
representatives.
``(D) Researchers conducting studies on
pesticides, occupational safety or health, or
environmental conditions.
``(2) Agencies.--In the case of Federal agencies,
such access to records maintained under subsection (a)
shall be through the Secretary of Agriculture, or the
Secretary's designee. State agency requests for access
to records maintained under subsection (a) shall be
through the lead State agency so designated by the
State.
``(3) Health care personnel.--When a health
professional determines that pesticide information
maintained under this section is necessary to provide
medical treatment or first aid to an individual who may
have been exposed to pesticides for which the
information is maintained, upon request applicators and
the Secretary of Agriculture shall promptly provide
applicable records maintained under subsection (a) and
available label information to that health
professional. In the case of an emergency, such records
and information shall be provided immediately.
``(4) Agricultural workers.--When an agricultural
worker reasonably believes he or she has been exposed
to pesticides, upon request applicators and the
Secretary of Agriculture shall provide applicable
records maintained under subsection (a) to such worker,
the worker's family member, or the worker's
representative within 5 business days of the request.
In the case of an emergency, such records shall be
provided immediately.
``(5) Researchers.--When a researcher is conducting a
study on a pesticide, occupational safety or health, or
environmental conditions, upon request applicators and
the Secretary of Agriculture shall provide applicable
records maintained under subsection (a) to such
researcher within 30 days of the request.
``(c) Access to Contact Information.--Upon request, the
person for whom a pesticide application was provided shall
provide the name and contact information of the applicator to a
health care professional described in subsection (b)(3) or an
agricultural worker, family member, or representative described
in subsection (b)(4).
``(d) Surveys and Analyses.--Each Federal agency described in
subsection (b)(1)(A) shall conduct surveys and record the data
from individual applicators to facilitate statistical analysis
for environmental and agronomic purposes, but in reports based
on survey data the Federal agency shall not release data,
including the location from which the data was derived, that
would directly or indirectly reveal the identity of individual
producers.
``(e) Penalty.--The Secretary of Agriculture shall be
responsible for the enforcement of subsections (a), (b), and
(c). A violation of subsection (a) or (b) by an applicator, or
a violation of subsection (c) by a person described in such
subsection, shall--
``(1) in the case of the first offense, be subject to
a fine of not more than $ 1,000; and
``(2) in the case of subsequent offenses, be subject
to a fine of not less than $ 2,000 for each violation,
except that the penalty shall be less than $1,000 if
the Secretary determines that the applicator or person
made a good faith effort to comply with such
subsection.
``(f) Federal or State Provisions.--The requirements of this
section shall not affect provisions of other Federal or State
laws.
``(g) Surveys and Reports.--The Secretary of Agriculture and
the Administrator of the Environmental Protection Agency shall
survey the records maintained under subsection (a) to develop
and maintain a database that is sufficient to enable the
Secretary and the Administrator to publish comprehensive
reports, at least on an annual basis, concerning agricultural
and nonagricultural pesticide use. The Secretary and
Administrator shall enter into a memorandum of understanding to
define their respective responsibilities under this subsection
in order to avoid duplication of effort. Such reports shall be
transmitted to Congress not later than April 1 of each year.
``(h) Regulations.--The Secretary of Agriculture and the
Administrator of the Environmental Protection Agency shall
promulgate revised regulations on their respective areas of
responsibility implementing this section not later than 180
days after the enactment of the NOURISH Act of 2007.''.
(2) Effective date.--The amendment made by paragraph
(1) takes effect on the date that is 180 days after the
enactment of the NOURISH Act of 2007.
(b) Inclusion of Long-Term Adverse Health Effects in
Labeling.--Paragraph (2) of section 2(q) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(q))
is amended--
(1) in subparagraph (C), by striking ``and'' at the
end;
(2) in subparagraph (D)(iii), by striking the period
at the end and inserting ``; and''; and
(3) by adding at the end the following:
``(E) the pesticide is registered for an
agricultural use and its labeling does not
include information on long-term adverse health
effects associated with exposure to the
pesticide, such as cancer in individuals so
exposed and their children, birth defects,
adverse reproductive effects such as
infertility or still births, and neurological
damage.''.
(c) Research by CDC.--
(1) Increased risks among farm workers.--
(A) In general.--The Director of the Centers
for Disease Control and Prevention shall
conduct or support research on increased risks
of cancer or birth defects among farm workers
who have occupational exposure to pesticide and
their children.
(B) Authorization of appropriations.--To
carry out this paragraph, there is authorized
to be appropriated $5,000,000 for fiscal year
2008.
(2) Biological indicators and clinical tests.--
(A) In general.--The Director of the Centers
for Disease Control and Prevention shall
conduct or support research to identify
objective biological indicators, and to develop
new and additional inexpensive clinical tests,
to enable clinicians to diagnose overexposure
to pesticides.
(B) Authorization of appropriations.--To
carry out this paragraph, there is authorized
to be appropriated $5,000,000 for fiscal year
2008.
(d) Research by USDA.--
(1) In general.--The Secretary of Agriculture shall
conduct or support research on alternatives to
agricultural pesticides that have been associated with
cancer, birth defects, adverse reproductive effects, or
severe neurological disorders in animal studies or
epidemiological research.
(2) Authorization of appropriations.--To carry out
this subsection, there is authorized to be appropriated
$5,000,000 for fiscal year 2008.
(e) Research by EPA.--
(1) In general.--The Administrator of the
Environmental Protection Agency shall conduct or
support research to develop field level tests to
determine when pesticide-treated fields are safe to
reenter.
(2) Authorization of appropriations.--To carry out
this subsection, there is authorized to be appropriated
$7,500,000 for fiscal year 2008.
Section 10301(1) is amended by striking ``$22,000,000'' and
inserting ``$25,000,000''.
Section 10303(f) is amended by striking the text and
inserting the following: ``Of the funds of the Commodity Credit
Corporation, the Secretary shall make available $50,000.000 for
each of fiscal years 2008 through 2012 to carry out this
section. Such funds shall remain available until expended.''.
Section 10102 is amended by striking subsection (b) and
inserting the following new subsection:
(b) Availability of Funds.--Subsection (i) of section 101 of
the Specialty Crops Competitiveness Act of 2004 is amended to
read as follows:
``(i) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall make grants
under this section, using--
``(1) $110,000,000 in fiscal year 2008;
``(2) $115,000,000 in fiscal year 2009;
``(3) $120,000,000 in fiscal year 2010;
``(4) $125,000,000 in fiscal year 2011; and
``(5) $145,000,000 in fiscal year 2012.''.
In section 6(f)(1) of the Farmer-to-Consumer Direct Marketing
Act of 1976 (7 U.S.C. 3005), as added by section 10404(b)(4) of
the bill, strike ``Secretary of Agriculture use to carry out
this section'' and all that follows and insert ``Secretary of
Agriculture shall use to carry out this section $20,000,000 for
each of fiscal years 2008 through 2012.''.
[MISCELLANEOUS TITLE]
At the end of subtitle A of title XI add the following new
sections:
SEC. __. SHARE OF RISK.
Section 508(k) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)) is amended by striking paragraph (3) and inserting the
following:
``(3) Share of risk.--The reinsurance agreements of
the Corporation with the reinsured companies shall
require the reinsured companies to cede to the
Corporation 30 percent of its cumulative underwriting
gain or loss.''
SEC. __. REIMBURSEMENT RATE.
Section 508(k)(4)(A) of the Federal Crop Insurance Act (7
U.S.C. 1508(k)(4)(A)) is amended by striking clause (ii) and
inserting the following:
``(ii) for each of the 2008 and subsequent reinsurance years,
15 percent of the premium used to define loss ratio.''.
Subparagraph (D) of section 2501(a)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a)(2)), as added by section 11201(a)(1)(B)(ii) of the
bill, is amended to read as follows:
``(D) Additional contracting authority.--Any
agency of the Department of Agriculture may
make grants and enter into contracts and
cooperative agreements with a community-based
organization that meets the definition of an
eligible entity under subsection (e) in order
to utilize the community-based organization to
provide outreach and technical assistance.''.
Section 2501(a)(4)(A) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(a)(4)(A)), as amended by
section 11201(a)(1)(C)(i) of the bill, is amended by striking
``$15,000,000'' and inserting ``$35,000,000''.
At the end of subtitle C of title XI add the following new
section:
SEC. __. MORATORIUM ON FORECLOSURES.
(a) Moratorium.--The Secretary of Agriculture shall, except
for the purposes referred to in subsection (c), immediately
issue a moratorium on all current, pending, and future
foreclosures, loan accelerations, and adverse actions, with
respect to Department of Agriculture loans to any farm or ranch
owned or operated by a socially disadvantaged farmer or
ranchers (as defined in section 355(e)(2) of the Consolidated
Farm and Rural Development Act). The Secretary shall waive the
accrual of interest and offsets on all loans affected by this
section for the full period of the moratorium or review shall
issue write offs of accrued interest and may take such
additional actions as recommended by the Commission established
in subsection (b).
(a) Socially Disadvantaged Farmers and Ranchers Commission.--
(1) In general.--The Secretary of shall establish in
the Department of Agriculture a commission to be known
as the ``USDA Socially Disadvantaged Farmers and
Ranchers Commission'' (in this section referred to as
the ``Commission'').
(2) Duties.--The Commission shall review all actions
covered by the moratorium under subsection (a) to--
(A) determine whether Federal, State, or
local government actions or inactions
contributed to the conditions leading to
foreclosure;
(B) determine whether the acceleration of
foreclosure by the Department of Agriculture of
loans on farm land owned by socially
disadvantaged farmers and ranchers was in
accordance with applicable laws or regulations;
(C) improve upon the credibility and accuracy
of all Department of Agriculture programs land
foreclosure process and procedures;
(D) recommend to the Secretary actions for
the fair resolution of cases reviewed; and
(E) submit to the Committee on Agriculture
and the Committee on Oversight and Government
Reform of the House of Representatives and the
Committee on Agriculture, Nutrition, and
Forestry and the Committee on Government Reform
and Homeland Security of the Senate a report on
programmatic inefficiencies and possible
remedies to address any land loss directly
resulting from illegal or manifestly unfair
acts of the Department of Agriculture.
Strike section 10202 and add at the end of title XI the
following:
SEC. __. MULTI-SPECIES FRUIT FLY RESEARCH AND STERILE FLY PRODUCTION.
(a) Construction.--The Secretary of Agriculture shall
construct a warehouse and irradiation containment facility in
Waimanalo, Hawaii, to support fruit fly rearing and
sterilization activities.
(b) Authorization of Appropriations.--There are authorized to
be appropriated--
(1) $15,000,000 for the construction of a warehouse
and irradiation containment facility pursuant to
subsection (a); and
(2) $1,000,000 for fiscal year 2008 and each
subsequent fiscal year for maintenance to the
facilities constructed pursuant to this section.
Strike section 11305.
At the end of subtitle A of title XI add the following new
section:
SEC. __. PARITY FOR ORGANIC CROP ACRES PRICE ELECTIONS, DOLLAR AMOUNTS
OF INSURANCE, AND PREMIUM DETERMINATION.
Section 508(a) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)) is amended by adding at the end the following new
paragraph:
``(9) Organics.--Notwithstanding any other provision
of this title, the Secretary may not charge a premium,
deductable, or other fee for an insurance policy or
plan on crops that are certified organic or
transitioning to organic production that is more than
the premium, deductable, or other fee for an insurance
policy or plan on crops that are not certified organic
or transitioning to organic production.''.
At the end of subtitle C of title XI, add the following new
sections:
SEC. __. MCINTIRE-STENNIS COOPERATIVE FORESTRY ACT.
Section 2 of Public Law 87-788 (16 U.S.C. 582a-1) is
amended--
(1) by inserting ``and 1890 Institutions,'' before
``and (b)''; and
(2) by adding at the end the following: ``In States
that have both 1862 Institutions and 1890 Institutions
eligible for and receiving funds under this Act, the
institutions shall, to the maximum extent practicable,
develop complementary plans for forestry research in
the State. In this section, the terms `1862
Institutions' and `1890 Institutions' have the same
meanings as in section 2 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C.
7601(2)).''.
SEC. __. ANIMAL HEALTH AND DISEASE RESEARCH PROGRAM.
Section 1434(b) of the National Agriculture Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3196(b))
is amended by inserting after ``universities'' the following:
``(including 1890 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601(2))).''.
SEC. __. CHILDREN, YOUTH, AND FAMILIES EDUCATION AND RESEARCH NETWORK
(CYFERNET) PROGRAM.
(a) In General.-- In carrying out the Children, Youth, and
Families Education and Research Network Program under section
3(d) of the Smith-Lever Act (7 U.S.C. 343(d)), the Secretary
shall include 1890 Institutions as eligible program applicants
and participants.
(b) 1890 Institutions Defined.--In this section, the term
``1890 Institutions'' has the meaning given the term in section
2 of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7601(2)).
SEC. __. SOCIALLY DISADVANTAGED PRODUCERS ACCESS PROGRAM.
(a) Establishment; Purpose.--
(1) Establishment.--The Secretary of Agriculture
shall establish and carry out, for each of fiscal years
2008 through 2013, a program to enhance the viability
of minority and socially disadvantaged farmer and
ranchers who own or operate agricultural operations by
assisting such farmer and ranchers to reduce their
risks, improve their access to markets, and better
utilize the programs and services of the Department of
Agriculture.
(2) Improved access.--One of the purposes of the
program shall be to ensure the viability and success of
minority and socially disadvantaged farmers and
ranchers by promoting the involvement of socially
disadvantaged farmers and ranchers in the full range of
services to ensure producer access to commodity,
credit, risk management and disaster protection,
conservation, marketing, nutrition, value-added, rural
development, and other programs and services of the
Department.
(3) Accurate reflection of contributions.--Another of
the purposes of the program shall be to assure that the
number and economic contributions of socially
disadvantaged farmers and ranchers are accurately
reflected in the census of agriculture.
(b) Eligibility.--
(1) In general.--To be eligible to participate in
programs made available under this title, a producer
shall--
(A) be a socially disadvantaged farmer or
rancher;
(B) be a producer who, as an owner, operator,
landlord, tenant, sharecropper or enrolled
member of an Indian tribe--
(i) shares in the risk of producing
any crop or livestock; and
(ii) is entitled to share in the crop
or livestock available for marketing
from a farm (or would have shared had
the crop or livestock been produced) or
produces more than 50 percent of the
food needed for family consumption;
(C) enter into a risk management and marker
access contract with the Secretary to carry out
the risk management and market access plan.
(2) Definitions.--In this section:
(A) Socially disadvantaged.--The term
``socially disadvantaged'' means, with respect
to a farmer or rancher, that the farmer or
rancher is a member of a socially disadvantage
group.
(B) Socially disadvantaged group defined.--
The term ``socially disadvantaged group'' means
a group whose members have been subjected to
racial or ethnic prejudice because of their
identity as members of a group without regard
to their individual qualities.
(c) Producer Payment Structure.--
(1) Producer development payments.--The Secretary is
authorized to provide direct payments to the producers
defined under subsection (b) if risk management and
market access plans are implemented within any fiscal
year pursuant to a plan developed in a fiscal year
prior to payment by the Secretary.
(2) Enrollment procedure.--To enroll in this program,
an eligible producer must--
(A) complete and maintain the practices in
the qualification level in paragraph (3)(A)(i);
(B) describe the tier of the risk management
and market access plan, and the particular risk
management and market access practices to be
implemented in accordance with this subsection;
and
(C) identify the qualified technical
assistance provider who will serve as a liaison
to the Department and supply technical
assistance to assure completion of the plan.
(3) Payment structure.--The Secretary shall make
annual producer payments under this title for
participation at 1 of the following levels for a period
not to exceed a total of 7 years, as follows:
(A) USDA access payments.--The qualification
level payment shall be not more than $5,000
with up to $2,500 paid up front if, within the
first year, the producer--
(i) files an IRS schedule F or a
qualified substitute for enrolled
members of Indian Tribes;
(ii) registers at the Farm Service
Agency office as a farm or rancher, or
informs the Secretary the reason for
which registration was not allowed;
(iii) signs up for any crop insurance
or NAP programs for which the producer
is qualified, or provides a plan to
achieve qualification or inform the
Secretary if no plan or program exists
for the form of production on the farm
or ranch; and
(iv) receives technical assistance to
be included in the Minority Farm
Registry and complete the next Census
of Agriculture.
The Secretary shall provide to the National
Agriculture Statistics Service information
sufficient for inclusion of each producer who
qualifies under this section in the next census
of agriculture.
(B) Program access payments.--Program access
payments shall at least $5000 and not more than
$10,000 annually for up to 3 years if the
producer provides, develops, and implements a
plan to complete at least two of following
practices in each year:
(i) a farm and home plan;
(ii) an estate plan;
(iii) a risk management plan,
including accessing family health
insurance;
(iv) a conservation plan;
(v) enters into a contract for
purchase or sale of farm land;
(vi) acquires a computer, high-speed
internet access, and software, and
training in the use of these tools;
(vii) prepares a plan to transition
to another crop or crops;
(viii) applies for at least one farm
program of the Department; or
(ix) other practices as determined by
the Secretary.
(C) Market access and risk protection
payments.--
(i) Tier one.--Market Access and Risk
Protection Payments shall be at least
$10,000 and not more than $25,000
annually for up to three years if the
producer develops and implements at
least two of the following practices in
each year:
(I) Mentor another farmer.
(II) Seek nomination and
election to a Conservation
District Board or FSA County
Committee.
(III) Meet standards for Good
Agricultural Practices, Organic
Certification or other market
certifications.
(IV) Develop and implement a
marketing plan or a business
plan.
(V) Access liability or other
expanded insurance, including
revenue insurance.
(VI) Access farmers markets
or improved marketing
contracts.
(VII) Participate in farmers
market nutrition, school food
or other nutrition programs.
(VIII) Develop and implement
plan to meet regulatory
requirements, including labor,
workers compensation, and
pesticide health and safety
standards, Livestock and Animal
ID.
(IX) Seek irrigation and
other production assistance,
Land or waste management.
(X) Other practices as
determined by the Secretary.
(iii) Tier two.--Market Access and
Risk Protection Payments shall be not
more than to $35,000 annually for up to
three years if the producer completes
at least two of the following practices
in each year:
(I) Develop or participate in
a cooperative or marketing
association.
(II) Develop a value-added
enterprise.
(III) Implements improve
marketing strategies, including
development of brands and
innovative forms of marketing
by web or other means.
(IV) Develop infrastructure
or processing capacity.
(V) Enhance the participation
of a cooperative or a group of
farmers in nutrition and health
programs.
(VI) Construct or improve
housing for farmworkers.
(VII) Enter into direct
contracts to secure adequate
labor to meet production needs.
(VIII) Protect of land use
and development rights.
(IX) Other practices as
determined by the Secretary.
(d) Technical Assistance.--
(1) In general.--For each of fiscal years 2008
through 2013, the Secretary shall provide technical
assistance through qualified technical assistance
providers to producers for the development and
implementation of a risk management and market access
plans at each tier.
(2) Technical assistance provider.--In this section,
the term ``technical assistance provider'' is an
organization or educational institutions that qualifies
as an eligible entity under section 2501(e)(5) of the
Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279(e)(5)).
(3) Qualified technical assistance provider.--In this
section, the term ``qualified technical assistance
provider'' means a technical assistance provider that
has been recognized by the Risk Management Agency as
qualified to provide the service in this program.
(4) Limitations.--A qualified technical service
provider shall not receive payment for services in
excess of--
(A) $2,000, for services under subsection
(c)(3)(A);
(B) $3,000, for services under subsection
(c)(3)(B); or
(C) $4,000, for services under subsection
(c)(3)(C).
(f) Duties of the Secretary.--
(1) Office of small farms coordination.--The
Secretary of Agriculture shall establish an office of
Small Farm Coordination, which shall be led by the
Small Farms Coordinator, who shall be a career
employee.
(2) Duties.--The Secretary may delegate to the Small
Farms Coordinator responsibility for the following:
(A) Administering the program established
under subsection (a).
(B) Administering the activities established
under Departmental Regulation 9700-1 issued on
August 3, 2006, in coordination with any other
office, agency, or mission area as deemed
necessary by the Secretary to facilitate the
implementation of the programs under this
section, and other such duties as assigned to
assure the Department best understands, meets,
and prioritizes the needs of small, socially
disadvantaged, and beginning and new entry
farmers.
(C) Other duties deemed appropriate by the
Secretary.
(3) Outreach.--The Secretary shall use not less than
$1,000,000 annually from funding under this section to
support consultation, training, and liaison activities
with qualified technical assistance providers under
subsection (b).
(4) Staffing and administration.--The Secretary shall
provide not less than 10 staff positions within the
Office of Small Farms Coordination at headquarters in
Washington and not less than 10 field staff for the
Office as the Secretary deems necessary to implement
this program, with additional field staff provided in
States where the number of applicants exceeds 500 to
conduct administration of this program.
(5) Regulations.--Not later than 270 days after the
date of enactment of this Act, the Secretary of
Agriculture shall promulgate regulations to carry out
this subsection.
(g) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available $80,000,000 to
carry out this section for each of fiscal years 2008 through
2012.
At the end of title XI, insert the following new section:
SEC. __. SENSE OF CONGRESS ON USE OF SAVINGS FOR DEFICIT REDUCTION.
It is the sense of the Congress that any budgetary savings
created as a result of this Act will be used to reduce the
Federal budget deficit and not used to offset other Federal
spending.
Strike the title of the bill entitled ``PREVENTION OF TAX
TREATY EXPLOITATION TO EVADE UNITED STATES TAXATION''.
----------
2. An Amendment To Be Offered by Representative Frank of Massachusetts,
or His Designee, Debatable for 10 Minutes
Strike sections 5031, 5032, 5033, 5035, and 5036.
----------
3. An Amendment To Be Offered by Representative Goodlatte of Virginia,
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title II (conservation), add
the following new section:
SEC. 2409. COMMON EASEMENT AUTHORITIES.
(a) In General.--The Food Security Act of 1985 is amended by
inserting after section 1230 (16 U.S.C. 3801) the following new
section:
``SEC. 1230A. COMMON EASEMENT AUTHORITIES.
``(a) In General.--
``(1) Program.--In this section the term `program'
means the applicable program described in paragraph
(2).
``(2) Applicability.--This section shall apply to the
terms and conditions of all easements purchased under
authorities of this subtitle:
``(A) The wetlands reserve program under
subchapter C.
``(B) The farmland protection program under
subchapter B of Chapter 2.
``(C) The grassland reserve program under
subchapter C of Chapter 2.
``(D) The healthy forests reserve program,
sections 501-508 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6571-6578).
``(3) Enrollment.--The Secretary may either directly,
or through an eligible entity, obtain an interest in
eligible land through--
``(A) a 30-year or permanent easement; or
``(B) in a State that imposes a maximum
duration for easements, an easement for the
maximum duration allowed under State law.
``(4) Holder of easement title.--The title holder of
an easement obtained under one of the programs
described in paragraph (2), in addition to the
Secretary, or in lieu of the Secretary, may be an
eligible entity.
``(5) Establishing easement.--To become eligible to
enroll land in the program through an easement, the
landowner or eligible entity, as applicable, shall--
``(A) create and record an appropriate deed
restriction in accordance with applicable State
law;
``(B) provide proof of unencumbered title to
the underlying fee interest in the land that is
subject of the easement;
``(C) grant the easement to either the
Secretary or an eligible entity;
``(D) comply with the terms of the easement
and any restoration agreement; and
``(E) explicitly consent in writing to
granting a security interest in the land to
either the Secretary or an eligible entity.
``(6) Wetlands reserve program deeds.--A deed used to
record an easement under the wetlands reserve program
in subchapter C shall provide for sufficient protection
of the functions and values of the wetland or
floodplain, as determined by the Secretary.
``(7) Deed for other easement programs.--A deed used
to record an easement under all programs described in
paragraph (2) other than the wetlands reserve program
shall be in the form of a negative restrictive deed
that--
``(A) is in a format prescribed by the
Secretary;
``(B) details the rights obtained by the
easement; and
``(C) allows for specific uses of the land,
if the use is consistent with the long-term
protection of the purposes for which the
easement was established.
``(8) Acceptance of contributions.--The Secretary may
accept and use contributions of non-Federal funds to
carry out the administration or purpose the program.
``(9) Modification, transfer, or termination of
easement.--
``(A) Modification.--The Secretary may modify
an easement acquired from, or a related
agreement with, an owner or eligible entity
under one of the programs described under
paragraph (2) if--
``(i) the parties involved with the
easement on the land agree to such
modification; and
``(ii) the Secretary determines that
such modification is desirable--
``(I) to carry out the
program;
``(II) to facilitate
administration of the program;
or
``(III) to achieve such other
goals as the Secretary
determines are appropriate.
``(B) Title transfer.--The Secretary may
transfer title of ownership of an easement to
an eligible entity to hold and enforce, in lieu
of the Secretary, subject to the right of the
Secretary to conduct periodic inspections and
enforce the easement, if--
``(i) the Secretary determines that
granting the transfer would promote the
protection of eligible land;
``(ii) the owner authorizes the
eligible entity to hold and enforce the
easement;
``(iii) the eligible entity assuming
the title agrees to assume the costs
incurred in administering and enforcing
the easement, including the costs of
restoration or rehabilitation of the
land as specified by the owner and the
eligible entity; and
``(iv) the eligible entity, except
for an eligible entity under section
1238H(a)(1), has a commitment to
protect the conservation purpose of the
easement and has the resources to
enforce the easement.
``(C) Termination.--The Secretary may
terminate an easement if--
``(i) the parties involved with such
easement agree to such termination; and
``(ii) the Secretary determines that
such termination would be in the public
interest.
``(10) Violation.--Upon the violation of the terms or
conditions of an easement or other agreement entered
into under this section--
``(A) the easement shall remain in force; and
``(B) the Secretary may require the owner to
refund all or part of any payments received by
the owner under the program, with interest on
the payments as determined appropriate by the
Secretary.
``(b) Easements Held by Secretary.--
``(1) Permanent easement valuation.--In return for
the granting of a permanent easement or an easement for
the maximum duration allowed under applicable State law
by a landowner under one of the programs described in
subsection (a)(2), the Secretary shall make payments to
the landowner as authorized under subparagraphs (A) and
(B).
``(A) Valuation methods.--The method of
valuation shall be determined under the
specific program involved.
``(B) Cost of restoration.--The Secretary
shall tender a monetary amount to the landowner
that is not greater than an amount
corresponding to 100 percent of the eligible
costs of restoration.
``(2) 30 year easement valuation.--In return for
granting a 30 year easement by a landowner, the
Secretary shall make payments to the landowner in an
amount equal to--
``(A) not more than 75 percent of the amount
that would apply in paragraph (1)(A); and
``(B) not more than 75 percent of the
eligible costs of restoration.
``(3) Monetary donation.--A private landowner may
make a monetary donation equivalent to any amount of
the actual value of the easement.
``(c) Easements Acquired Through Eligible Entities.--
``(1) Easement held by eligible entity.--The
Secretary shall offer the opportunity to eligible
entities to enter into agreements for the purposes of
purchasing and holding easements for eligible lands in
the program.
``(2) Easement valuation.--When enrolling eligible
land through an eligible entity, the share of the cost
of the Secretary to purchase a conservation easement or
other interest in eligible land shall not exceed 50
percent of the fair market value based on an appraisal
of the conservation easement, using an industry
approved methodology determined by the entity.
``(3) Payments; donations.--
``(A) Landowner.--A private landowner may
make a monetary donation of up to 25 percent of
the appraised fair market value of the
conservation easement or other interest in
eligible land.
``(B) Eligible entity.--An eligible entity
shall make a monetary payment of at least 25
percent of the appraised fair market value of
the conservation easement or other interest in
eligible land.
``(4) Type of deed.--An eligible entity obtaining an
easement under this subtitle shall use a negative
restrictive deed that provides for--
``(A) rights of all parties subject to the
easement;
``(B) permissible uses of the land, if the
use is consistent with the purposes for which
the easement was established; and
``(C) terms and conditions of the eligible
entity such as purposes and administration of
the easement, if the Secretary finds that the
terms and conditions are--
``(i) consistent with the purposes of
the program; and
``(ii) provide for effective
enforcement of the conservation
purposes of the conservation easement.
``(d) Federal Contingent Right of Enforcement.--The Secretary
may require the inclusion of a Federal contingent right of
enforcement or executory limitation in a conservation easement
or other interest in land for conservation purposes purchased
with Federal funds provided under the program, in order to
preserve the easement as a party of last resort. The inclusion
of such a right or interest shall not be considered to be the
Federal acquisition of real property and the Federal standards
and procedures for land acquisition shall not apply to the
inclusion of the right or interest.''.
(b) Conforming Amendments.--The following provisions of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3801 et seq.) are repealed:
(1) Subsections (c) through (g) of section 1237A.
(2) Section 1237C(b)(2).
(3) Section 1237E.
(4) Subsections (a)(1), (d), and (e) of section
1238O.
(5) Subsections (a)(2), (b)(1), and (c) of section
1238P.
(6) Section 1238Q.
----------
4. An Amendment To Be Offered by Representative Lucas of Oklahoma, or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XI, insert the following
new section:
SEC. 11013. LIVESTOCK ASSISTANCE.
Notwithstanding any other provision of law, the purchase of a
Non-insured Assistance Program policy shall not be a
requirement to receive any Federal livestock disaster
assistance.
----------
5. An Amendment To Be Offered by Representative Cardoza of California,
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title X add the following new
section:
SEC. __. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION
FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE.
(a) Repeal of Transfer of Functions.--Section 421 of the
Homeland Security Act of 2002 (6 U.S.C. 231) is repealed.
(b) Conforming Amendment to Functions of Secretary of
Homeland Security.--Section 402 of the Homeland Security Act of
2002 (6 U.S.C. 202) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(c) Transfer Agreement.--
(1) In general.--Not later than the effective date
specified in subsection (g), the Secretary of
Agriculture and the Secretary of Homeland Security
shall enter into an agreement to effectuate the return
of functions required by the amendments made by this
section.
(2) Use of certain employees.--The agreement may
include authority for the Secretary of Agriculture to
use employees of the Department of Homeland Security to
carry out authorities delegated to the Animal and Plant
Health Inspection Service regarding the protection of
domestic livestock and plants.
(d) Restoration of Department of Agriculture Employees.--Not
later than the effective date specified in subsection (g), all
full-time equivalent positions of the Department of Agriculture
transferred to the Department of Homeland Security under
section 421(g) of the Homeland Security Act of 2002 (6 U.S.C.
231(g)) (as in effect on the day before such effective date)
shall be restored to the Department of Agriculture.
(e) Authority of APHIS.--
(1) Establishment of program.--The Secretary of
Agriculture shall establish within the Animal and Plant
Health Inspection Service a program, to be known as the
``International Agricultural Inspection Program'',
under which the Administrator of the Animal and Plant
Health Inspection Service (referred to in this
subsection as the ``Administrator'') shall carry out
import and entry agricultural inspections.
(2) Information gathering and inspections.--In
carrying out the program under paragraph (1), the
Administrator shall have full access to--
(A) each secure area of any terminal for
screening passengers or cargo under the control
of the Department of Homeland Security on the
day before the date of enactment of this Act
for purposes of carrying out inspections and
gathering information; and
(B) each database (including any database
relating to cargo manifests or employee and
business records) under the control of the
Department of Homeland Security on the day
before the date of enactment of this Act for
purposes of gathering information.
(3) Inspection alerts.--The Administrator may issue
inspection alerts, including by indicating cargo to be
held for immediate inspection.
(4) Inspection user fees.--The Administrator may, as
applicable--
(A) continue to collect any agricultural
quarantine inspection user fee; and
(B) administer any reserve account for the
fees.
(5) Career track program.--
(A) In general.--The Administrator shall
establish a program, to be known as the
``import and entry agriculture inspector career
track program'', to support the development of
long-term career professionals with expertise
in import and entry agriculture inspection.
(B) Strategic plan and training.--In carrying
out the program under this paragraph, the
Administrator, in coordination with the
Secretary of Agriculture, shall--
(i) develop a strategic plan to
incorporate import and entry
agricultural inspectors into the
infrastructure protecting food, fiber,
forests, bioenergy, and the environment
of the United States from animal and
plant pests, diseases, and noxious
weeds; and
(ii) as part of the plan under clause
(i), provide training for import and
entry agricultural inspectors
participating in the program not less
frequently than once each year to
improve inspection skills.
(f) Duties of Secretary of Agriculture.--
(1) Operating procedures and tracking system.--The
Secretary of Agriculture shall--
(A) develop standard operating procedures for
inspection, monitoring, and auditing relating
to import and entry agricultural inspections,
in accordance with recommendations from the
Comptroller General of the United States and
reports of interagency advisory groups, as
applicable; and
(B) ensure that the Animal and Plant Health
Inspection Service has a national electronic
system with real-time tracking capability for
monitoring, tracking, and reporting inspection
activities of the Service.
(2) Federal and state cooperation.--
(A) Communication system.--The Secretary of
Agriculture shall develop and maintain an
integrated, real-time communication system with
respect to import and entry agricultural
inspections to alert State departments of
agriculture of significant inspection findings
of the Animal and Plant Health Inspection
Service.
(3) Funding.--The Secretary of Agriculture shall pay
the costs of each import and entry agricultural
inspector employed by the Animal and Plant Health
Inspection Service from amounts made available to the
Department of Agriculture for the applicable fiscal
year.
(g) Report.--Not later than one year after the date of the
enactment of this Act, and at least annually thereafter, the
Secretary shall submit to Congress a report containing an
assessment of--
(1) the resource needs for import and entry
agricultural inspection, including the number of
inspectors required;
(2) the adequacy of--
(A) inspection and monitoring procedures and
facilities in the United States; and
(B) the strategic plan developed under
subsection (e)(5)(B)(i); and
(3) new and potential technologies and practices,
including recommendations regarding the technologies
and practices, to improve import and entry agricultural
inspection.
(h) Effective Date.--The amendments made by this section take
effect on the date that is 180 days after the date of enactment
of this Act.
----------
6. An Amendment To Be Offered by Representative Boustany of Louisiana,
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XI, add the following new
section:
SEC. 11013. DETERMINATION OF CERTAIN SWEET POTATO PRODUCTION.
In the case of sweet potatoes, Risk Management Agency Pilot
Program data shall not be considered for purposes of
determining production for the 2005-2006 Farm Service Agency
Crop Disaster Program.
----------
7. An Amendment To Be Offered by Representative Jackson-Lee of Texas,
or Her Designee, Debatable for 10 Minutes
At an appropriate place in title IV, insert the following
(and make such technical and conforming changes as may be
appropriate):
SEC. ___ SENSE OF THE CONGRESS.
It is the sense of the Congress that food items provided
pursuant to the Federal school breakfast and school lunch
program should be selected so as to reduce the incidence of
juvenile obesity and to maximize nutritional value.
----------
8. An Amendment To Be Offered by Representative Hastings of Florida, or
His Designee, Debatable for 10 Minutes
At the end of title XI add the following new section:
SEC. __. POLLINATOR PROTECTION.
(a) Short Title.--This section may be cited as the
``Pollinator Protection Act of 2007''.
(b) Findings.--Congress finds that--
(1) many of the crops that humans and livestock
consume rely on pollinators for healthy growth;
(2) pollination by honey and native bees adds more
than $18,000,000,000 annually to the value of United
States crops;
(3) \1/3\ of the food supply of the United States
depends on bee pollination, which makes the management
and protection of pollinators an issue of paramount
importance to the security of the United States food
supply system;
(4) colony collapse disorder is the name that has
been given to the latest die-off of honey bee colonies,
exacerbating the continual decline of pollinators in
North America;
(5) honey bee colonies in more than 23 states have
been affected by colony collapse disorder;
(6) if the current rate of decline continues, the
United States will be forced to rely more heavily on
imported foods, which will destabilize the food
security of the United States through adverse affects
on the availability, price, and quality of the many
fruits, vegetables, and other products that depend on
animal pollination; and
(7) enhanced funding for research on honey bees,
native bees, parasites, pathogens, toxins, and other
environmental factors affecting bees and pollination of
cultivated and wild plants will result in methods of
response to colony collapse disorder and other factors
causing the decline of pollinators in North America.
(c) Authorizations of Appropriations.--
(1) Agricultural research service.--There is
authorized to be appropriated to the Secretary of
Agriculture, acting through the Agricultural Research
Service--
(A) $3,000,000 for each of fiscal years 2008
through 2012, to be used for new personnel,
facilities improvement, and additional research
at Department of Agriculture Bee Research
Laboratories;
(B) $2,500,000 for each of fiscal years 2008
and 2009, to be used for research on honey and
native bee physiology, insect pathology, insect
chemical ecology, and honey and native bee
toxicology at other Department of Agriculture
facilities in New York, Florida, California,
Utah, and Texas; and
(C) $1,750,000 for each of fiscal years 2008
through 2010, to be used for an area-wide
research program to identify causes and
solutions for colony collapse disorder in
affected States.
(2) Cooperative state research, education, and
extension service.--There is authorized to be
appropriated to the Secretary of Agriculture, acting
through the Cooperative State Research, Education, and
Extension Service, $10,000,000 for each of fiscal years
2008 through 2012 to be used to fund Department of
Agriculture extension and research grants to
investigate--
(A) honey bee biology, immunology, and
ecology;
(B) honey bee genomics;
(C) honey bee bioinformatics;
(D) native bee crop pollination and habitat
conservation;
(E) native bee taxonomy and ecology;
(F) pollination biology;
(G) sublethal effects of insecticides,
herbicides, and fungicides on honey bees,
native pollinators, and other beneficial
insects;
(H) the effects of genetically-modified
crops, including the interaction of
genetically-modified crops with honey bees and
other native pollinators; and
(I) honey, bumble, and other native bee
parasites and pathogens and effects on other
native pollinators.
(3) Animal and plant health inspection service.--
There is authorized to be appropriated to the Secretary
of Agriculture, acting through the Animal and Plant
Health Inspection Service, $2,250,000 for each of
fiscal years 2008 through 2012 to conduct a nationwide
honey bee pest and pathogen surveillance program.
(d) Annual Reports.--The Secretary of Agriculture, acting
through the Agricultural Research Service and the Cooperative
State Research, Education, and Extension Service, shall submit
to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report on the status and progress of bee research
projects that are carried out by the Secretary.
(e) Giving Pollinator Habitat and Protection a Priority in
Conservation Programs.--Section 1244 of the Food Security Act
of 1985 (16 U.S.C. 3844) is amended by adding at the end the
following new subsection:
``(c) Native and Managed Pollinators.--In carrying out any
conservation program administered by the Secretary, except the
farmland protection program, the Secretary shall establish a
priority and provide incentives for--
``(1) increasing habitat for native and managed
pollinators, especially native habitat; and
``(2) establishing cropping systems, integrated pest
management regimes, and other practices to protect
native and managed pollinators.''.
9. An Amendment To Be Offered by Representative Arcuri of New York, or
His Designee, Debatable for ___ Minutes
At the end of subtitle D of title I, add the following new
section:
SEC. 2410. ADJUSTMENT OF CLASS I MILK PRICE MOVER TO REFLECT ENERGY AND
ANIMAL FEED COST INCREASES.
It is the sense of Congress that the Secretary of Agriculture
should use existing authority when determining the Class I milk
price mover to take into account the increased cost of
production, including energy and feed.
10. An Amendment To Be Offered by Representative Welch of Vermont, or
His Designee, Debatable for 10 Minutes
Section 4303 is further amended by striking paragraph (2) and
inserting the following:
(2) in paragraph (3)(A)--
(A) in the matter preceding clause (i) by
striking ``paragraph (1)(B)'' and inserting
``paragraph (1)'';
(B) in clause (iii) by striking ``and'' at
the end;
(C) in clause (iv) by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(v) encourage plans for
implementation that include locally
grown foods, where geographically
available, in accordance with section
9(j).''.
----------
11. An Amendment To Be Offered by Representative Welch of Vermont, or
His Designee, Debatable for 10 Minutes
In section 1409(b), insert after paragraph (6) the following
new paragraph (and redesignate subsequent paragraphs):
(7) evaluating cost of production variables,
including cost of feed and cost of fuel;
In section 1409(c)(3)(D), insert before the period at the end
the following: ``, including the Northeast, Southeast, Midwest,
and Western regions of the country''.
In section 1409(d), strike ``Not later than two years after
the date of the first meeting of the commission,'' and insert
``Not later than 18 months after the date of the enactment of
this Act,''.
----------
12. An Amendment To Be Offered by Representative Rangel of New York, or
His Designee, Debatable for 10 Minutes
At the appropriate place in the bill, insert the following
new sections:
SEC. __. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS
REFORM AND EXPORT ENHANCEMENT ACT OF 2000.
Section 908(b)(4) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended--
(1) in subparagraph (B), by striking ``and'' at the
end;
(2) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(D) the term `payment of cash in advance'
means, notwithstanding any other provision of
law, the payment by the purchaser of an
agricultural commodity or product and the
receipt of such payment by the seller prior
to--
``(i) the transfer of title of such
commodity or product to the purchaser;
and
``(ii) the release of control of such
commodity or product to the
purchaser.''.
SEC. __. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED
STATES FINANCIAL INSTITUTIONS UNDER THE TRADE
SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF
2000.
(a) In General.--Notwithstanding any other provision of law,
the President may not restrict direct transfers from a Cuban
depository institution to a United States depository
institution executed in payment for a product authorized for
sale under the Trade Sanctions Reform and Export Enhancement
Act of 2000 (22 U.S.C. 7201 et seq.).
(b) Depository Institution Defined.--In this section, the
term ``depository institution'' means any entity that is
engaged primarily in the business of banking (including a bank,
savings bank, savings association, credit union, trust company,
or bank holding company).
SEC. __. ISSUANCE OF VISAS TO CONDUCT ACTIVITIES IN ACCORDANCE WITH THE
TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT
OF 2000.
Notwithstanding any other provision of law, in the case of a
Cuban national whose itinerary documents an intent to conduct
activities, including phytosanitary inspections, related to
purchasing United States agricultural goods under the
provisions of the Trade Sanctions Reform and Export Enhancement
Act of 2000, a consular officer (as defined in section
101(a)(9) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(9))) may issue a nonimmigrant visa under section
101(a)(15)(B) of such Act (8 U.S.C. 1101(a)(15)(B)) to the
national, if the national is not inadmissible to the United
States under section 212 of such Act (8 U.S.C. 1182).
----------
13. An Amendment To Be Offered by Representative Boehner of Ohio, or
His Designee, Debatable for 10 Minutes
In section 1204, add at the end the following new subsection:
(i) Rate Adjustments; Date for Determining Repayment Rate.--
(1) No more than monthly rate adjustments.--Repayment
rates established under this section shall be adjusted
by the Secretary no more than once every month for all
loan commodities.
(2) Date for determining repayment rate.--With
respect to the monthly repayment rates established
under this section, the rate shall be--
(A) in the case of a producer who, as
determined by the Secretary, loses beneficial
interest immediately upon repayment of the
loan, the monthly repayment rate that is in
effect on the date beneficial interest is lost;
and
(B) in the case of other producers who did
not lose beneficial interest upon repayment of
the loan, the repayment rate in effect on the
earlier of--
(i) the month in which the loan
matures; or
(ii) the last month of the marketing
year established by the Secretary for
the commodity.
In section 1205(e), add at the end the following new
sentence: ``However, the producers must have beneficial
interest in the commodity for which a payment is requested
under this section as of the date on which the producers
request the payment.''.
----------
14. An Amendment To Be Offered by Representative Bernice-Johnson of
Texas, or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title VII, insert the following:
SEC. 7234. EMPHASIS OF HUMAN NUTRITION INITIATIVE.
Section 1424(b) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3174(b))
is amended--
(1) in paragraph (1), by striking ``and,'';
(2) in paragraph (2), by striking the comma and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) proposals that examine the efficacy of current
agriculture policies in promoting the health and
welfare of economically disadvantaged populations,''.
----------
15. An Amendment To Be Offered by Representative Manzullo of Illinois,
or His Designee, Debatable for 10 Minutes
Strike subsection (a) of section 1246 of the Food Security
Act of 1985, as added by section 2409(a) of the bill, and
insert the following:
``(a) Payments for Conservation Practices.--The total amount
of payments that a person or a legal entity (except a joint
venture or a general partnership) may receive, directly or
indirectly, in any fiscal year shall not exceed--
``(1) $60,000 from any single program under this
title (other than the environmental quality incentives
program) or as agricultural management assistance under
section 524(b) of the Federal Crop Insurance Act (7
U.S.C. 524(b));
``(2) $125,000 from more than one program under this
title (other than the environmental quality incentives
program) or as agricultural management assistance under
section 524(b) of the Federal Crop Insurance Act; or
``(3) $450,000 from the environmental quality
incentives program.
----------
16. An Amendment To Be Offered by Representative Blumenauer of Oregon,
or His Designee, Debatable for 10 Minutes
In section 1238I of the Food Security Act of 1985, as amended
by section 2110, insert at the end of subsection (b) the
following new sentence: ``Grants may also be made for purchase
of conservation easements or other interests in land pursuant
to a transferable development rights program in which the
entity acquiring the interests sells them for development in an
urban area consistent with local land use plans, but grant
funds may not be used to reduce the cost of development
rights.''.
----------
17. An Amendment To Be Offered by Representative Lathum of Iowa, or His
Designee, Debatable for 10 Minutes
In section 6008--
(1) insert ``(a) Authorization of Appropriations.--''
before ``Section'' ; and
(2) add at the end the following:
(b) Additional priority in awarding grants.--Section
306E(c) of such Act (7 U.S.C. 1926e(c)) is amended by
inserting ``, and to an applicant that has substantial
expertise and experience in promoting the safe and
productive use of individually-owned household water
well systems and ground water. The ability of an
applicant to provide matching funds shall not be taken
into account in determining any priority in awarding
grants under this section. The payment by a grantee of
audit fees, business insurance, salary, wages, employee
benefits, printing costs, postage costs, and legal fees
associated with providing the assistance described in
paragraph (1) shall be considered the provision of
matching funds by the grantee for purposes of this
section'' before the period.
----------
18. An Amendment To Be Offered by Representative Berry of Arkansas, or
His Designee, Debatable for 10 Minutes
At the end of title II, add the following new section:
SEC. 25__. PROHIBITION ON CERTAIN NONPROFIT ORGANIZATIONS RECEIVING
GOVERNMENT CONSERVATION PAYMENTS.
A non-profit organization with more than $50,000,000 in
direct public support (as listed on IRS form 990) may not
receive any Government conservation payments under title XII of
the Food Security Act 0f 1985, this Act, or any other
conservation program of the Department of Agriculture.
----------
19. An Amendment To Be Offered by Representative Davis of Illinois, or
His Designee, Debatable for 10 Minutes
Strike the three sections in subtitle C of title I, and
insert the following new sections:
SEC. 1301. SUGAR PROGRAM.
(a) Forfeiture Penalty.--Section 156(g) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(g)) is amended by adding at the end the following new
paragraph:
``(3) Forfeiture penalty.--The Secretary shall assess
a penalty on the forfeiture of sugar pledged as
collateral for a nonrecourse loan under this section.
The penalty shall be 1 cent per pound for raw cane
sugar and an equivalent amount, as determined by the
Secretary, for refined beet sugar.''.
(b) Effective Period.--Section 156(j) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(j)) is amended by striking ``2007'' and inserting
``2012''.
SEC. 1302. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.
Section 359b(a)(1) of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1359bb(a)(1)) is amended in the matter preceding
subparagraph (A) by striking ``2007'' and inserting ``2012''.
Strike section 9013.
----------
20. An Amendment To Be Offered by Representative Terry of Nebraska, or
His Designee, Debatable for 10 Minutes
At the end of title IX, add the following new section:
SEC. __. SUPPLEMENTING CORN AS AN ETHANOL FEEDSTOCK.
(a) Research and Development Program.--The Secretary of
Agriculture shall establish a program to make grants of not to
exceed $1,000,000 each to no more than 10 universities for a 3-
year program of demonstration of supplementing corn as an
ethanol feedstock with sweet sorghum.
(b) Program Goals.--The goals of the program under this
section shall be to--
(1) enhance agronomic efficiency of the crop on
marginal lands by--
(A) developing best management practices for
maintaining high sorghum yields while using
less water and nitrogen than corn;
(B) identifying and selecting plants with a
high sugar content; and
(C) developing cold-tolerant sweet sorghum
varieties to enable two crops to be grown per
season;
(2) enhance ethanol processing potential in the crop
by--
(A) developing a robust technology for
centralized ethanol production facilities that
pair high-performing sweet sorghum lines with
different yeasts to produce the best process
for converting sweet sorghum juice into
ethanol;
(B) conducting process and chemical analyses
of sweet sorghum sap fermentation;
(C) introducing cellulosic hydrolyzing
enzymes into sweet sorghum to promote biomass
conversion; and
(D) performing life-cycle analysis of sweet
sorghum ethanol, including analysis of energy
yield, efficiency, and greenhouse gas
reduction;
(3) establish a sweet sorghum production system
optimized for the region of the university conducting
the research;
(4) improve sweet sorghum lines with higher sugar
production and performance with minimal agricultural
inputs;
(5) optimize sugar fermentation using selected yeast
strains;
(6) develop sweet sorghum lines with improved cold
tolerance and cellulosic degradation; and
(7) develop agricultural models for predicting
agricultural performance and ethanol yield under
various growing conditions.
(c) Award Criteria.--The Secretary shall award grants under
this section only to universities that--
(1) have access to multiple lines of sweet sorghum
for research; and
(2) are located in a State where sweet sorghum is
anticipated to grow well on marginal lands.
(d) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary for carrying out this section
$10,000,000.
----------
21. An Amendment To Be Offered by Representative Udall of Colorado, or
His Designee, Debatable for 10 Minutes
In section 1102(b)(6), strike ``$0.0667'' and insert
``$0.06''.
In section 2104 strike subsection (b) and insert the
following new subsection:
(b) Enrollment of Acreage.--Subsection (b)(1) of section
1238N of the Food Security Act of 1985 (16 U.S.C. 3838n(1)) is
amended by striking ``2,000,000 acres'' and inserting
``2,224,000 acres''.
In section 2401, insert after subsection (c) the following
new subsection (and redesignate subsequent subsections
accordingly):
(d) Grassland Reserve Program.--Section 1241(a) of the Food
Security Act of 1985 (16 U.S.C. 3841(a)) is amended by striking
paragraph (5) and inserting the following new paragraph:
``(5) For each of fiscal years 2008 through 2012, the
grassland reserve program under subchapter C of chapter
2.''.
----------
22. An Amendment To Be Offered by Representative Wu of Oregon, or His
Designee, Debatable for 10 Minutes
Page 603, line 18, insert after ``economies'' the following:
``or universities with fields of study capable of developing
renewable energy technology or policy''.
Page 604, line 7, insert after ``economy'' the following: ``,
or at a university with fields of study capable of developing
renewable energy technology or policy (including agriculture-
related studies, chemistry, environmental sciences,
bioengineering, biochemistry, natural resources, and public
policy),''.
----------
23. An Amendment To Be Offered by Representative Clay of Missouri, or
His Designee, Debatable for 10 Minutes
In subtitle B of title X, insert after section 10103 the
following new section 10103A (and amend the tables of content
accordingly):
SEC. 10103A ADDITIONAL SECTION 32 FUNDS TO PROVIDE GRANTS FOR THE
PURCHASE AND OPERATION OF URBAN GARDENS GROWING
ORGANIC FRUITS AND VEGETABLES FOR THE LOCAL
POPULATION.
(a) Grants.--The Secretary of Agriculture may make grants to
eligible entities to assist in purchasing and operating organic
gardens or greenhouses in urban areas for growing fruits and
vegetables. In making such grants, the Secretary will ensure
such fruits and vegetables are sold to local grocery stores.
(b) Limitations.--Grants provided to any eligible entity
under this section may not exceed $25,000 for any given year.
(c) Eligible Entities.--
(1) Individuals.--An individual shall be eligible to
receive a grant under subsection (a) if the individual
is a resident of the neighborhood in which the urban
garden or greenhouse is located, or will be located.
(2) Cooperatives.--A cooperative shall be eligible to
receive a grant under subsection (a) if every
individual member or owner of the cooperative is a
resident of the neighborhood in which the urban garden
or greenhouse is located, or will be located.
(d) Selection of Eligible Entities.--The Secretary shall
develop criteria for the selection of eligible entities to
receive grants under this section.
(e) Funding.--The Secretary shall award such grants using, of
the funds made available under section 32 of the Act of August
24, 1935 (7 U.S.C. 612c), $20,000,000 in fiscal year 2008 and
each fiscal year thereafter.
----------
24. An Amendment To Be Offered by Representative Israel of New York, or
His Designee, Debatable for 10 Minutes
At the end of title XI add the following new sections:
SEC. __. PROHIBITION ON USE OF LIVE ANIMALS FOR MARKETING MEDICAL
DEVICES; FINES UNDER THE ANIMAL WELFARE ACT.
(a) Prohibition on Use of Animals for Marketing of Medical
Devices.--The Animal Welfare Act (7 U.S.C. 2131 et seq.) is
amended by inserting after section 17 the following new
section:
``PROHIBITION ON USE OF LIVE ANIMALS FOR MARKETING MEDICAL DEVICES
``Sec. 18. (a) In General.--No person may use a live animal
to--
``(1) demonstrate a medical device or product to a sales
representative for the purpose of marketing such medical device
or product;
``(2) train a sales representative to use a medical device or
product;
``(3) demonstrate a medical device or product in a workshop
or training session for the purpose of marketing a medical
device or product; or
``(4) create a multimedia recording (including a video
recording) for the purpose of marketing a medical device or
product.
``(b) Exception.--Subsection (a) shall not apply to the
training of medical personnel for a purpose other than
marketing a medical device or product.
``(c) Device Defined.--In this section, the term `device' has
the meaning given the term in section 201(h) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).''.
(b) Fines for Violations of the Animal Welfare Act.--Section
19(b) of the Animal Welfare Act (7 U.S.C. 2149(b)) is amended--
(1) in the first sentence by striking ``not more than
$2,500 for each such violation'' and inserting ``not
more than $10,000 for each such violation''; and
(2) by striking the second sentence and inserting the
following: ``Each violation, each day during which a
violation continues, and, in the case of a violation
with respect to animals, each animal that is the
subject of such a violation shall be a separate
offense.''.
(c) Reports on Activities Under the Animal Welfare Act.--The
Animal Welfare Act (7 U.S.C. 2131 et seq.) is further amended
by striking section 25 and inserting the following new section:
``ANNUAL REPORT
``Sec. 25. Not later than March 1 of each year, the
Secretary shall submit to Congress a report containing--
``(1) an identification of all research facilities,
exhibitors, and other persons and establishments
licensed by the Secretary under section 3 and section
12;
``(2) an identification of all research facilities,
intermediate handlers, carriers, and exhibitors
registered under section 6;
``(3) the nature and place of all investigations and
inspections conducted by the Secretary under section
16, and all reports received by the Secretary under
section 13;
``(4) recommendations for legislation to improve the
administration of this Act or any provisions of this
Act; and
``(5) recommendations and conclusions concerning the
aircraft environment as it relates to the carriage of
live animals in air transportation.''.
SEC. __. PROTECTION OF PETS.
(a) Short Title.--This section may be cited as the ``Pet
Safety and Protection Act of 2007''.
(b) Research Facilities.--Section 7 of the Animal Welfare Act
(7 U.S.C. 2137) is amended to read as follows:
``SEC. 7. SOURCES OF DOGS AND CATS FOR RESEARCH FACILITIES.
``(a) Definition of Person.--In this section, the term
`person' means any individual, partnership, firm, joint stock
company, corporation, association, trust, estate, pound,
shelter, or other legal entity.
``(b) Use of Dogs and Cats.--No research facility or Federal
research facility may use a dog or cat for research or
educational purposes if the dog or cat was obtained from a
person other than a person described in subsection (d).
``(c) Selling, Donating, or Offering Dogs and Cats.--No
person, other than a person described in subsection (d), may
sell, donate, or offer a dog or cat to any research facility or
Federal research facility.
``(d) Permissible Sources.--A person from whom a research
facility or a Federal research facility may obtain a dog or cat
for research or educational purposes under subsection (b), and
a person who may sell, donate, or offer a dog or cat to a
research facility or a Federal research facility under
subsection (c), shall be--
``(1) a dealer licensed under section 3 that has bred
and raised the dog or cat;
``(2) a publicly owned and operated pound or shelter
that--
``(A) is registered with the Secretary;
``(B) is in compliance with section 28(a)(1)
and with the requirements for dealers in
subsections (b) and (c) of section 28; and
``(C) obtained the dog or cat from its legal
owner, other than a pound or shelter;
``(3) a person that is donating the dog or cat and
that--
``(A) bred and raised the dog or cat; or
``(B) owned the dog or cat for not less than
1 year immediately preceding the donation;
``(4) a research facility licensed by the Secretary;
and
``(5) a Federal research facility licensed by the
Secretary.
``(e) Penalties.--
``(1) In general.--A person that violates this
section shall be fined $1,000 for each violation.
``(2) Additional penalty.--A penalty under this
subsection shall be in addition to any other applicable
penalty.
``(f) No Required Sale or Donation.--Nothing in this section
requires a pound or shelter to sell, donate, or offer a dog or
cat to a research facility or Federal research facility.''.
(c) Federal Research Facilities.--Section 8 of the Animal
Welfare Act (7 U.S.C. 2138) is amended--
(1) by striking ``Sec. 8. No department'' and
inserting the following:
``SEC. 8. FEDERAL RESEARCH FACILITIES.
``Except as provided in section 7, no department'';
(2) by striking ``research or experimentation or'';
and
(3) by striking ``such purposes'' and inserting
``that purpose''.
(d) Certification.--Section 28(b)(1) of the Animal Welfare
Act (7 U.S.C. 2158(b)(1)) is amended by striking ``individual
or entity'' and inserting ``research facility or Federal
research facility''.
(e) Effective Date.--The amendments made by subsections (b),
(c), and (d) take effect on the date that is 90 days after the
date of the enactment of this Act.
----------
25. An Amendment To Be Offered by Representative Putnam of Florida, or
His Designee, Debatable for 10 Minutes
At the appropriate place in the conservation title, add the
following new section:
SEC. 2__. ADJUSTED GROSS INCOME LIMITATION REGARDING PAYMENTS UNDER
CONSERVATION PROGRAMS.
Section 1001D(b)(1) of the Food Security Act of 1985 (7
U.S.C. 1308-3a(b)(1)), as amended by section 1504 [and the
manager's amendment, pages 34 and 35], is further amended by
adding at the end the following new subparagraph:
``(C) Special rule for conservation
programs.--Notwithstanding subparagraphs (A)
and (B), in the case of covered benefits
described in paragraph (2)(C), an individual or
entity shall not be eligible to receive any
benefit described in such paragraph (2) during
a crop year if the average adjusted gross
income of the individual or entity exceeds
$1,000,000, unless not less than 75 percent of
the average adjusted gross income of the
individual or entity is derived from farming,
ranching, or forestry operations, as determined
by the Secretary.''.
----------
26. An Amendment To Be Offered by Representative Bordallo of Guam, or
Her Designee, Debatable for 10 Minutes
After section 7233, insert the following new section (and
conform the table of contents accordingly):
SEC. 7234. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES FACILITIES
AT INSULAR AREA LAND-GRANT INSTITUTIONS.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3101 et seq.) is amended by
inserting after section 1447A the following:
``SEC. 1447B. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES
FACILITIES AND EQUIPMENT AT INSULAR AREA LAND-GRANT
INSTITUTIONS.
``(a) Purpose.--It is declared to be the intent of Congress
to assist the land grant institutions in the insular areas in
efforts to acquire, alter, or repair facilities or relevant
equipment necessary for conducting agricultural research.
``(b) Authorization of Appropriations.--There are authorized
to be appropriated for the purposes of carrying out the
provisions of this section $8,000,000 for each of fiscal years
2008 through 2012.
``(c) Method of Awarding Grants.--Grants awarded pursuant to
this section shall be made in such amounts and under such terms
and conditions as the Secretary shall determine necessary for
carrying out the purposes of this section.
``(d) Regulations.--The Secretary may promulgate such rules
and regulations as the Secretary may consider necessary to
carry out the provisions of this section.''.
----------
27. An Amendment To Be Offered by Representative Cooper of Tennessee,
or His Designee, Debatable for 10 Minutes
At the end of the bill, insert the following new title:
TITLE XII--CROP INSURANCE
SEC. 1201. CONTROLLING CROP INSURANCE PROGRAM COSTS.
(a) Administrative Fee for Catastrophic Risk Protection.--
Section 508(b)(5) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(5)) is amended by striking subparagraph (A) and
inserting the following:
``(A) Basic fee.--
``(i) In general.--Except as provided
in clause (ii), each producer shall pay
an administrative fee for catastrophic
risk protection in an amount which is,
as determined by the Corporation, equal
to 25 percent of the premium amount for
catastrophic risk protection
established under subsection (d)(2)(A)
per crop per county.
``(ii) Maximum amount.--The total
amount of administrative fees for
catastrophic risk protection payable by
a producer under clause (i) shall not
exceed $5,000 for all crops in all
counties.''.
(b) Payment of Portion of Premium by Corporation.--Section
508(e)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(2)) is amended--
(1) in subparagraph (B)(i), by striking ``67
percent'' and inserting ``62 percent'';
(2) in subparagraph (C)(i), by striking ``64
percent'' and inserting ``59 percent'';
(3) in subparagraph (D)(i), by striking ``59
percent'' and inserting ``54 percent'';
(4) in subparagraph (E)(i), by striking ``55
percent'' and inserting ``53 percent'';
(5) in subparagraph (F)(i), by striking ``48
percent'' and inserting ``46 percent''; and
(6) in subparagraph (G)(i), by striking ``38
percent'' and inserting ``36 percent''.
(c) Reduction in Portion of the Premium Paid by the
Corporation.--Section 508(e) of the Federal Crop Insurance Act
(7 U.S.C. 1508(k)(3)) is amended by adding at the end the
following:
``(6) Premium payment incentive.--The Corporation may
increase payment of a part of the premium from the
amounts provided under subsection (e)(2) by not more
than 5 percent for a policy or plan of insurance that
is not based on individual yield to provide an
additional incentive to create broader use of such
policies.''.
(d) Share of Risk.--Section 508(k)(3) of the Federal Crop
Insurance Act (7 U.S.C. 1508(k)(3)) is amended by striking
paragraph (3) and inserting the following:
``(3) Share of risk.--The reinsurance agreements of
the Corporation with the reinsured companies shall
require the reinsured companies to cede to the
Corporation 22 percent of its cumulative underwriting
gain or loss.''
SEC. 1202. CROP INSURANCE PROGRAM COMPLIANCE.
(a) Use of Unused Funding to Improve Program Integrity.--
Section 522(e)(3) of the Federal Crop Insurance Act (7 U.S.C.
1522(e)(3)) is amended by striking ``the Corporation may use''
through the end of the paragraph and inserting the following:
``the Corporation may use--''
``(A) not more than $10,000,000 for each
fiscal year to improve program integrity, such
as
``(i) increasing the number of
compliance personnel;
``(ii) increasing compliance related
training;
``(iii) improving analysis tools and
technology related to compliance;
``(iv) identifying, utilizing, and
expanding innovative compliance
strategies and technology; and
``(v) developing and maintaining the
information management system developed
pursuant to section 10706(b) of the
Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8002(b)); and
``(B) any excess amounts to carry out other
activities authorized under this section.''.
(b) Conforming Amendment Regarding Violation of Highly
Erodible Land Conservation Requirements.--Section 1211(a)(1) of
the Food Security Act of 1985 (16 U.S.C. 3811(a)(1)) is
amended--
(1) by striking ``or'' at the end of subparagraph
(C);
(2) by inserting ``or'' at the end of subparagraph
(D); and
(3) by adding at the end the following new
subparagraph:
SEC. 1203. REAUTHORIZATION OF, AND INCREASED ENROLLMENT AUTHORITY FOR
GRASSLAND RESERVE PROGRAM.
(a) Extension and Funding.--Section 1241(a) of the Food
Security Act of 1985 (16 U.S.C. 3841(a)) is amended by striking
paragraph (5) and inserting the following new paragraph:
``(5) For each of fiscal years 2002 through 2013, the
grassland reserve program under sub chapter C of
chapter 2.''.
(b) Enrollment Goals.--Section 1238N(b)(1) of the Food
Security Act of 1985 (16 U.S.C. 3838N(b)(1)) is amended by
striking ``2,000,000 acres'' and inserting ``5,000,000 acres''.
----------
28. An Amendment To Be Offered by Representative Emanuel of Illinois,
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title I, add the following new
section:
SEC. 1512. PREVENTION OF DECEASED PERSONS RECEIVING PAYMENTS UNDER FARM
COMMODITY PROGRAMS.
(a) Identification of Erroneous Payments Made to Deceased
Persons.--The Secretary of Agriculture shall--
(1) undertake a study to identify any estate of a
deceased person that continued to receive payments
under this title for more than two crop years after the
death of the person; and
(2) submit a report containing the results of the
study to Congress.
(b) Notification.--The Secretary shall issue regulations that
specify deadlines by which a legal entity must notify the
Secretary of any change in ownership of such entity, including
the death of a person with a direct or indirect ownership
interest in the entity, that may affect the entity's
eligibility to receive payments or other benefits under this
title. The Secretary may deny the issuance of such payments or
benefits to an entity that fails to comply with such
regulations.
(c) Recoupment.--If the Secretary determines that the estate
of a deceased person failed to timely notify the Farm Service
Agency of the death, the Secretary shall recoup the erroneous
payments made on behalf of the deceased person. The Secretary
shall withhold payments that would otherwise be made under this
title to farming operations in which the deceased person was
actively engaged in farming before death until the funds have
been recouped.
(d) Coordination.--The Secretary shall, twice a year,
reconcile individual tax identification numbers with the
Internal Revenue Service for recipients of payments under this
title to determine recipients' living status.
----------
29. An Amendment To Be Offered by Representative Hall of New York, or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title II, add the following new
section:
SEC. 2303. MUCK SOILS CONSERVATION.
(a) Establishment of Program.--The Secretary of Agriculture
shall carry out a conservation program under which the
Secretary makes payments to assist owners and operators of
eligible land specified in subsection (b) to conserve and
improve the soil, water, and wildlife resources of such land.
(b) Eligible Land.--To be eligible for inclusion in the
program established under this section, the land must--
(1) be comprised of soil that qualifies as muck, as
determined by the Secretary;
(2) be used for production of an agricultural crop;
(3) have a spring cover crop planted in conjunction
with the primary agricultural crop referred to in
paragraph (2);
(4) have a winter crop planted; and
(5) have ditch banks seeded with grass that is
maintained on a year-round basis.
(c) Payment Amounts.--The Secretary may provide payments of
not less than $300, but not more than $500, per acre per year
under the program.
(d) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary to carry out the program
$50,000,000 for each of fiscal years 2008 through 2012.
----------
30. An Amendment To Be Offered by Representative Hodes of New
Hampshire, or His Designee, Debatable for 10 Minutes
At the end of title IX add the following new section:
SEC. __. COMMUNITY WOOD ENERGY PROGRAM.
(a) Findings.-- Congress finds that--
(1) the United States' over-reliance on fossil fuel
energy has placed undue strain on the nation by
compromising our economy and national security;
(2) the United States' over-reliance on fossil fuel
energy has also created new strains on our natural
systems, including carbon emissions that contribute to
climate change;
(3) transportation of energy, such as heating oil,
adds to carbon emissions associated with meeting our
community energy needs and therefore further feeds
climate change;
(4) it is in the national interest to conserve energy
and support adoption of new local, sustainable,
efficient, and carbon neutral energy sources, such as
wood energy, for community energy needs;
(5) communities can save as much as 50 percent over
natural gas, 80 percent over propane, 80 percent over
electric heat, and 50 percent over oil heat by
switching to wood energy for heating schools and other
public buildings;
(6) in fast growing communities of all sizes across
the United States, municipal and country-owned forest
land is playing an essential role in meeting many
public needs and could also be used to help support
sustainable forestry and local wood energy
applications; and
(7) the rapidly expanding base of private forest land
owners nationwide includes many individuals with no
experience in forest stewardship who could be given
technical assistance to provide locally sourced wood
supply through sustainable forest management for local
wood energy applications.
(b) Purpose.--The purpose of this section is to provide
grants for community wood energy systems that are intended to--
(1) meet community energy needs with reduced carbon
intensity versus fossil fuel systems;
(2) promote energy conservation and development of
new renewable energy sources;
(3) aid local budgets by reducing municipal and
county energy costs;
(4) increase utilization of low value wood supplies
and waste, thereby strengthening the forest products
economy for the benefit of forest workers and private
forest land owners; and
(5) increase awareness of energy conservation and
consumption and the multiple-use values of forests
among community members, especially young people.
(c) Grant Program.--The Secretary of Agriculture, acting
through the Forest Service, shall establish a program to be
known as the Community Wood Energy Program to provide grants to
State and local governments to acquire community wood energy
systems for public buildings and to implement a community wood
energy plan.
(d) Use in Public Buildings.--A State or local government
receiving a grant under subsection (c) shall use a community
wood energy system acquired in whole or in part with the use of
grant funds for primary use in a public facility owned by such
State or local government.
(e) Limitation.--A community wood energy system acquired with
grant funds provided under subsection (c) shall not exceed an
output of--
(1) 50,000,000 BTU per hour for heating; and
(2) 2 megawatts for electric power production.
(f) Community Wood Energy Plan.--Within 18 months of
receiving assistance under this section, communities shall
utilize the technical assistance of the State forester to
create a community wood energy plan identifying how local
forests can be accessed in a sustainable manner to help meet
the wood supply needs of systems purchased under this section.
(g) Matching Funds.--A State or local government receiving a
grant under subsection (c) shall contribute an amount of non-
Federal funds towards the acquisition of community wood energy
systems that is at least equal to the amount of grant funds
received by such State or local government
(h) Community Wood Energy System Defined.--The term
``community wood energy system'' includes single facility
central heating, district heating, combined heat and energy
systems, and other related biomass energy systems that service
schools, town halls, libraries, and other public buildings.
(i) Appropriation.-- There are authorized to be appropriated
such sums as may be necessary to carry out this section.
----------
31. An Amendment To Be Offered by Representative Shuler of North
Carolina, or His Designee, Debatable for 10 Minutes
In section 404 of the Agricultural Credit Act of 1978, as
added by section 8102, insert after subsection (c) the
following new subsection (and redesignate subsequent
subsections):
``(d) Insect and Disease Threats.--Notwithstanding subsection
(c)(1), non-industrial private forest lands are eligible under
this section if the Secretary determines that the lands are
under an imminent threat of loss or damage by insect or disease
and immediate action would help to avoid the loss or damage.