[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2419 Enrolled Bill (ENR)]
H.R.2419
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Food,
Conservation, and Energy Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--COMMODITY PROGRAMS
Sec. 1001. Definitions.
Subtitle A--Direct Payments and Counter-Cyclical Payments
Sec. 1101. Base acres.
Sec. 1102. Payment yields.
Sec. 1103. Availability of direct payments.
Sec. 1104. Availability of counter-cyclical payments.
Sec. 1105. Average crop revenue election program.
Sec. 1106. Producer agreement required as condition of provision of
payments.
Sec. 1107. Planting flexibility.
Sec. 1108. Special rule for long grain and medium grain rice.
Sec. 1109. Period of effectiveness.
Subtitle B--Marketing Assistance Loans and Loan Deficiency Payments
Sec. 1201. Availability of nonrecourse marketing assistance loans for
loan commodities.
Sec. 1202. Loan rates for nonrecourse marketing assistance loans.
Sec. 1203. Term of loans.
Sec. 1204. Repayment of loans.
Sec. 1205. Loan deficiency payments.
Sec. 1206. Payments in lieu of loan deficiency payments for grazed
acreage.
Sec. 1207. Special marketing loan provisions for upland cotton.
Sec. 1208. Special competitive provisions for extra long staple cotton.
Sec. 1209. Availability of recourse loans for high moisture feed grains
and seed cotton.
Sec. 1210. Adjustments of loans.
Subtitle C--Peanuts
Sec. 1301. Definitions.
Sec. 1302. Base acres for peanuts for a farm.
Sec. 1303. Availability of direct payments for peanuts.
Sec. 1304. Availability of counter-cyclical payments for peanuts.
Sec. 1305. Producer agreement required as condition on provision of
payments.
Sec. 1306. Planting flexibility.
Sec. 1307. Marketing assistance loans and loan deficiency payments for
peanuts.
Sec. 1308. Adjustments of loans.
Subtitle D--Sugar
Sec. 1401. Sugar program.
Sec. 1402. United States membership in the International Sugar
Organization.
Sec. 1403. Flexible marketing allotments for sugar.
Sec. 1404. Storage facility loans.
Sec. 1405. Commodity Credit Corporation storage payments.
Subtitle E--Dairy
Sec. 1501. Dairy product price support program.
Sec. 1502. Dairy forward pricing program.
Sec. 1503. Dairy export incentive program.
Sec. 1504. Revision of Federal marketing order amendment procedures.
Sec. 1505. Dairy indemnity program.
Sec. 1506. Milk income loss contract program.
Sec. 1507. Dairy promotion and research program.
Sec. 1508. Report on Department of Agriculture reporting procedures for
nonfat dry milk.
Sec. 1509. Federal Milk Marketing Order Review Commission.
Sec. 1510. Mandatory reporting of dairy commodities.
Subtitle F--Administration
Sec. 1601. Administration generally.
Sec. 1602. Suspension of permanent price support authority.
Sec. 1603. Payment limitations.
Sec. 1604. Adjusted gross income limitation.
Sec. 1605. Availability of quality incentive payments for covered
oilseed producers.
Sec. 1606. Personal liability of producers for deficiencies.
Sec. 1607. Extension of existing administrative authority regarding
loans.
Sec. 1608. Assignment of payments.
Sec. 1609. Tracking of benefits.
Sec. 1610. Government publication of cotton price forecasts.
Sec. 1611. Prevention of deceased individuals receiving payments under
farm commodity programs.
Sec. 1612. Hard white wheat development program.
Sec. 1613. Durum wheat quality program.
Sec. 1614. Storage facility loans.
Sec. 1615. State, county, and area committees.
Sec. 1616. Prohibition on charging certain fees.
Sec. 1617. Signature authority.
Sec. 1618. Modernization of Farm Service Agency.
Sec. 1619. Information gathering.
Sec. 1620. Leasing of office space.
Sec. 1621. Geographically disadvantaged farmers and ranchers.
Sec. 1622. Implementation.
Sec. 1623. Repeals.
TITLE II--CONSERVATION
Subtitle A--Definitions and Highly Erodible Land and Wetland
Conservation
Sec. 2001. Definitions relating to conservation title of Food Security
Act of 1985.
Sec. 2002. Review of good faith determinations related to highly
erodible land conservation.
Sec. 2003. Review of good faith determinations related to wetland
conservation.
Subtitle B--Conservation Reserve Program
Sec. 2101. Extension of conservation reserve program.
Sec. 2102. Land eligible for enrollment in conservation reserve.
Sec. 2103. Maximum enrollment of acreage in conservation reserve.
Sec. 2104. Designation of conservation priority areas.
Sec. 2105. Treatment of multi-year grasses and legumes.
Sec. 2106. Revised pilot program for enrollment of wetland and buffer
acreage in conservation reserve.
Sec. 2107. Additional duty of participants under conservation reserve
contracts.
Sec. 2108. Managed haying, grazing, or other commercial use of forage on
enrolled land and installation of wind turbines.
Sec. 2109. Cost sharing payments relating to trees, windbreaks,
shelterbelts, and wildlife corridors.
Sec. 2110. Evaluation and acceptance of contract offers, annual rental
payments, and payment limitations.
Sec. 2111. Conservation reserve program transition incentives for
beginning farmers or ranchers and socially disadvantaged
farmers or ranchers.
Subtitle C--Wetlands Reserve Program
Sec. 2201. Establishment and purpose of wetlands reserve program.
Sec. 2202. Maximum enrollment and enrollment methods.
Sec. 2203. Duration of wetlands reserve program and lands eligible for
enrollment.
Sec. 2204. Terms of wetlands reserve program easements.
Sec. 2205. Compensation for easements under wetlands reserve program.
Sec. 2206. Wetlands reserve enhancement program and reserved rights
pilot program.
Sec. 2207. Duties of Secretary of Agriculture under wetlands reserve
program.
Sec. 2208. Payment limitations under wetlands reserve contracts and
agreements.
Sec. 2209. Repeal of payment limitations exception for State agreements
for wetlands reserve enhancement.
Sec. 2210. Report on implications of long-term nature of conservation
easements.
Subtitle D--Conservation Stewardship Program
Sec. 2301. Conservation stewardship program.
Subtitle E--Farmland Protection and Grassland Reserve
Sec. 2401. Farmland protection program.
Sec. 2402. Farm viability program.
Sec. 2403. Grassland reserve program.
Subtitle F--Environmental Quality Incentives Program
Sec. 2501. Purposes of environmental quality incentives program.
Sec. 2502. Definitions.
Sec. 2503. Establishment and administration of environmental quality
incentives program.
Sec. 2504. Evaluation of applications.
Sec. 2505. Duties of producers under environmental quality incentives
program.
Sec. 2506. Environmental quality incentives program plan.
Sec. 2507. Duties of the Secretary.
Sec. 2508. Limitation on environmental quality incentives program
payments.
Sec. 2509. Conservation innovation grants and payments.
Sec. 2510. Agricultural water enhancement program.
Subtitle G--Other Conservation Programs of the Food Security Act of 1985
Sec. 2601. Conservation of private grazing land.
Sec. 2602. Wildlife habitat incentive program.
Sec. 2603. Grassroots source water protection program.
Sec. 2604. Great Lakes Basin Program for soil erosion and sediment
control.
Sec. 2605. Chesapeake Bay watershed program.
Sec. 2606. Voluntary public access and habitat incentive program.
Subtitle H--Funding and Administration of Conservation Programs
Sec. 2701. Funding of conservation programs under Food Security Act of
1985.
Sec. 2702. Authority to accept contributions to support conservation
programs.
Sec. 2703. Regional equity and flexibility.
Sec. 2704. Assistance to certain farmers and ranchers to improve their
access to conservation programs.
Sec. 2705. Report regarding enrollments and assistance under
conservation programs.
Sec. 2706. Delivery of conservation technical assistance.
Sec. 2707. Cooperative conservation partnership initiative.
Sec. 2708. Administrative requirements for conservation programs.
Sec. 2709. Environmental services markets.
Sec. 2710. Agriculture conservation experienced services program.
Sec. 2711. Establishment of State technical committees and their
responsibilities.
Subtitle I--Conservation Programs Under Other Laws
Sec. 2801. Agricultural management assistance program.
Sec. 2802. Technical assistance under Soil Conservation and Domestic
Allotment Act.
Sec. 2803. Small watershed rehabilitation program.
Sec. 2804. Amendments to Soil and Water Resources Conservation Act of
1977.
Sec. 2805. Resource Conservation and Development Program.
Sec. 2806. Use of funds in Basin Funds for salinity control activities
upstream of Imperial Dam.
Sec. 2807. Desert terminal lakes.
Subtitle J--Miscellaneous Conservation Provisions
Sec. 2901. High Plains water study.
Sec. 2902. Naming of National Plant Materials Center at Beltsville,
Maryland, in honor of Norman A. Berg.
Sec. 2903. Transition.
Sec. 2904. Regulations.
TITLE III--TRADE
Subtitle A--Food for Peace Act
Sec. 3001. Short title.
Sec. 3002. United States policy.
Sec. 3003. Food aid to developing countries.
Sec. 3004. Trade and development assistance.
Sec. 3005. Agreements regarding eligible countries and private entities.
Sec. 3006. Use of local currency payments.
Sec. 3007. General authority.
Sec. 3008. Provision of agricultural commodities.
Sec. 3009. Generation and use of currencies by private voluntary
organizations and cooperatives.
Sec. 3010. Levels of assistance.
Sec. 3011. Food Aid Consultative Group.
Sec. 3012. Administration.
Sec. 3013. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable prepackaged foods.
Sec. 3014. General authorities and requirements.
Sec. 3015. Definitions.
Sec. 3016. Use of Commodity Credit Corporation.
Sec. 3017. Administrative provisions.
Sec. 3018. Consolidation and modification of annual reports regarding
agricultural trade issues.
Sec. 3019. Expiration of assistance.
Sec. 3020. Authorization of appropriations.
Sec. 3021. Minimum level of nonemergency food assistance.
Sec. 3022. Coordination of foreign assistance programs.
Sec. 3023. Micronutrient fortification programs.
Sec. 3024. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.
Subtitle B--Agricultural Trade Act of 1978 and Related Statutes
Sec. 3101. Export credit guarantee program.
Sec. 3102. Market access program.
Sec. 3103. Export enhancement program.
Sec. 3104. Foreign market development cooperator program.
Sec. 3105. Food for Progress Act of 1985.
Sec. 3106. McGovern-Dole International Food for Education and Child
Nutrition Program.
Subtitle C--Miscellaneous
Sec. 3201. Bill Emerson Humanitarian Trust.
Sec. 3202. Global Crop Diversity Trust.
Sec. 3203. Technical assistance for specialty crops.
Sec. 3204. Emerging markets and facility guarantee loan program.
Sec. 3205. Consultative Group to Eliminate the Use of Child Labor and
Forced Labor in Imported Agricultural Products.
Sec. 3206. Local and regional food aid procurement projects.
Subtitle D--Softwood Lumber
Sec. 3301. Softwood lumber.
TITLE IV--NUTRITION
Subtitle A--Food Stamp Program
PART I--Renaming of Food Stamp Act and Program
Sec. 4001. Renaming of Food Stamp Act and program.
Sec. 4002. Conforming amendments.
PART II--Benefit Improvements
Sec. 4101. Exclusion of certain military payments from income.
Sec. 4102. Strengthening the food purchasing power of low-income
Americans.
Sec. 4103. Supporting working families with child care expenses.
Sec. 4104. Asset indexation, education, and retirement accounts.
Sec. 4105. Facilitating simplified reporting.
Sec. 4106. Transitional benefits option.
Sec. 4107. Increasing the minimum benefit.
Sec. 4108. Employment, training, and job retention.
PART III--Program Operations
Sec. 4111. Nutrition education.
Sec. 4112. Technical clarification regarding eligibility.
Sec. 4113. Clarification of split issuance.
Sec. 4114. Accrual of benefits.
Sec. 4115. Issuance and use of program benefits.
Sec. 4116. Review of major changes in program design.
Sec. 4117. Civil rights compliance.
Sec. 4118. Codification of access rules.
Sec. 4119. State option for telephonic signature.
Sec. 4120. Privacy protections.
Sec. 4121. Preservation of access and payment accuracy.
Sec. 4122. Funding of employment and training programs.
PART IV--Program Integrity
Sec. 4131. Eligibility disqualification.
Sec. 4132. Civil penalties and disqualification of retail food stores
and wholesale food concerns.
Sec. 4133. Major systems failures.
PART V--Miscellaneous
Sec. 4141. Pilot projects to evaluate health and nutrition promotion in
the supplemental nutrition assistance program.
Sec. 4142. Study on comparable access to supplemental nutrition
assistance for Puerto Rico.
Subtitle B--Food Distribution Programs
PART I--Emergency Food Assistance Program
Sec. 4201. Emergency food assistance.
Sec. 4202. Emergency food program infrastructure grants.
PART II--Food Distribution Program on Indian Reservations
Sec. 4211. Assessing the nutritional value of the FDPIR food package.
PART III--Commodity Supplemental Food Program
Sec. 4221. Commodity supplemental food program.
PART IV--Senior Farmers' Market Nutrition Program
Sec. 4231. Seniors farmers' market nutrition program.
Subtitle C--Child Nutrition and Related Programs
Sec. 4301. State performance on enrolling children receiving program
benefits for free school meals.
Sec. 4302. Purchases of locally produced foods.
Sec. 4303. Healthy food education and program replicability.
Sec. 4304. Fresh fruit and vegetable program.
Sec. 4305. Whole grain products.
Sec. 4306. Buy American requirements.
Sec. 4307. Survey of foods purchased by school food authorities.
Subtitle D--Miscellaneous
Sec. 4401. Bill Emerson National Hunger Fellows and Mickey Leland
International Hunger Fellows.
Sec. 4402. Assistance for community food projects.
Sec. 4403. Joint nutrition monitoring and related research activities.
Sec. 4404. Section 32 funds for purchase of fruits, vegetables, and nuts
to support domestic nutrition assistance programs.
Sec. 4405. Hunger-free communities.
Sec. 4406. Reauthorization of Federal food assistance programs.
Sec. 4407. Effective and implementation dates.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 5001. Direct loans.
Sec. 5002. Conservation loan and loan guarantee program.
Sec. 5003. Limitations on amount of farm ownership loans.
Sec. 5004. Down payment loan program.
Sec. 5005. Beginning farmer or rancher and socially disadvantaged farmer
or rancher contract land sales program.
Subtitle B--Operating Loans
Sec. 5101. Farming experience as eligibility requirement.
Sec. 5102. Limitations on amount of operating loans.
Sec. 5103. Suspension of limitation on period for which borrowers are
eligible for guaranteed assistance.
Subtitle C--Emergency Loans
Sec. 5201. Eligibility of equine farmers and ranchers for emergency
loans.
Subtitle D--Administrative Provisions
Sec. 5301. Beginning farmer and rancher individual development accounts
pilot program.
Sec. 5302. Inventory sales preferences; loan fund set-asides.
Sec. 5303. Loan authorization levels.
Sec. 5304. Transition to private commercial or other sources of credit.
Sec. 5305. Extension of the right of first refusal to reacquire
homestead property to immediate family members of borrower-
owner.
Sec. 5306. Rural development and farm loan program activities.
Subtitle E--Farm Credit
Sec. 5401. Farm Credit System Insurance Corporation.
Sec. 5402. Technical correction.
Sec. 5403. Bank for cooperatives voting stock.
Sec. 5404. Premiums.
Sec. 5405. Certification of premiums.
Sec. 5406. Rural utility loans.
Sec. 5407. Equalization of loan-making powers of certain district
associations.
Subtitle F--Miscellaneous
Sec. 5501. Loans to purchasers of highly fractioned land.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Consolidated Farm and Rural Development Act
Sec. 6001. Water, waste disposal, and wastewater facility grants.
Sec. 6002. SEARCH grants.
Sec. 6003. Rural business opportunity grants.
Sec. 6004. Child day care facility grants, loans, and loan guarantees.
Sec. 6005. Community facility grants to advance broadband.
Sec. 6006. Rural water and wastewater circuit rider program.
Sec. 6007. Tribal College and University essential community facilities.
Sec. 6008. Emergency and imminent community water assistance grant
program.
Sec. 6009. Water systems for rural and native villages in Alaska.
Sec. 6010. Grants to nonprofit 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.
Sec. 6011. Interest rates for water and waste disposal facilities loans.
Sec. 6012. Cooperative equity security guarantee.
Sec. 6013. Rural cooperative development grants.
Sec. 6014. Grants to broadcasting systems.
Sec. 6015. Locally or regionally produced agricultural food products.
Sec. 6016. Appropriate technology transfer for rural areas.
Sec. 6017. Rural economic area partnership zones.
Sec. 6018. Definitions.
Sec. 6019. National rural development partnership.
Sec. 6020. Historic barn preservation.
Sec. 6021. Grants for NOAA weather radio transmitters.
Sec. 6022. Rural microentrepreneur assistance program.
Sec. 6023. Grants for expansion of employment opportunities for
individuals with disabilities in rural areas.
Sec. 6024. Health care services.
Sec. 6025. Delta Regional Authority.
Sec. 6026. Northern Great Plains Regional Authority.
Sec. 6027. Rural Business Investment Program.
Sec. 6028. Rural Collaborative Investment Program.
Sec. 6029. Funding of pending rural development loan and grant
applications.
Subtitle B--Rural Electrification Act of 1936
Sec. 6101. Energy efficiency programs.
Sec. 6102. Reinstatement of Rural Utility Services direct lending.
Sec. 6103. Deferment of payments to allows loans for improved energy
efficiency and demand reduction and for energy efficiency and
use audits.
Sec. 6104. Rural electrification assistance.
Sec. 6105. Substantially underserved trust areas.
Sec. 6106. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 6107. Expansion of 911 access.
Sec. 6108. Electric loans for renewable energy.
Sec. 6109. Bonding requirements.
Sec. 6110. Access to broadband telecommunications services in rural
areas.
Sec. 6111. National Center for Rural Telecommunications Assessment.
Sec. 6112. Comprehensive rural broadband strategy.
Sec. 6113. Study on rural electric power generation.
Subtitle C--Miscellaneous
Sec. 6201. Distance learning and telemedicine.
Sec. 6202. Value-added agricultural market development program grants.
Sec. 6203. Agriculture innovation center demonstration program.
Sec. 6204. Rural firefighters and emergency medical service assistance
program.
Sec. 6205. Insurance of loans for housing and related facilities for
domestic farm labor.
Sec. 6206. Study of rural transportation issues.
Subtitle D--Housing Assistance Council
Sec. 6301. Short title.
Sec. 6302. Assistance to Housing Assistance Council.
Sec. 6303. Audits and reports.
Sec. 6304. Persons not lawfully present in the United States.
Sec. 6305. Limitation on use of authorized amounts.
TITLE VII--RESEARCH AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
Sec. 7101. Definitions.
Sec. 7102. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 7103. Specialty crop committee report.
Sec. 7104. Renewable energy committee.
Sec. 7105. Veterinary medicine loan repayment.
Sec. 7106. Eligibility of University of the District of Columbia for
grants and fellowships for food and agricultural sciences
education.
Sec. 7107. Grants to 1890 schools to expand extension capacity.
Sec. 7108. Expansion of food and agricultural sciences awards.
Sec. 7109. Grants and fellowships for food and agricultural sciences
education.
Sec. 7110. Grants for research on production and marketing of alcohols
and industrial hydrocarbons from agricultural commodities and
forest products.
Sec. 7111. Policy research centers.
Sec. 7112. Education grants to Alaska Native-serving institutions and
Native Hawaiian-serving institutions.
Sec. 7113. Emphasis of human nutrition initiative.
Sec. 7114. Human nutrition intervention and health promotion research
program.
Sec. 7115. Pilot research program to combine medical and agricultural
research.
Sec. 7116. Nutrition education program.
Sec. 7117. Continuing animal health and disease research programs.
Sec. 7118. Cooperation among eligible institutions.
Sec. 7119. Appropriations for research on national or regional problems.
Sec. 7120. Animal health and disease research program.
Sec. 7121. Authorization level for extension at 1890 land-grant
colleges.
Sec. 7122. Authorization level for agricultural research at 1890 land-
grant colleges.
Sec. 7123. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including Tuskegee University.
Sec. 7124. Grants to upgrade agriculture and food sciences facilities at
the District of Columbia land-grant university.
Sec. 7125. Grants to upgrade agriculture and food sciences facilities
and equipment at insular area land-grant institutions.
Sec. 7126. National research and training virtual centers.
Sec. 7127. Matching funds requirement for research and extension
activities of 1890 institutions.
Sec. 7128. Hispanic-serving institutions.
Sec. 7129. Hispanic-serving agricultural colleges and universities.
Sec. 7130. International agricultural research, extension, and
education.
Sec. 7131. Competitive grants for international agricultural science and
education programs.
Sec. 7132. Administration.
Sec. 7133. Research equipment grants.
Sec. 7134. University research.
Sec. 7135. Extension Service.
Sec. 7136. Supplemental and alternative crops.
Sec. 7137. New Era Rural Technology Program.
Sec. 7138. Capacity building grants for NLGCA Institutions.
Sec. 7139. Borlaug international agricultural science and technology
fellowship program.
Sec. 7140. Aquaculture assistance programs.
Sec. 7141. Rangeland research grants.
Sec. 7142. Special authorization for biosecurity planning and response.
Sec. 7143. Resident instruction and distance education grants program
for insular area institutions of higher education.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
Sec. 7201. National genetics resources program.
Sec. 7202. National Agricultural Weather Information System.
Sec. 7203. Partnerships.
Sec. 7204. High-priority research and extension areas.
Sec. 7205. Nutrient management research and extension initiative.
Sec. 7206. Organic Agriculture Research and Extension Initiative.
Sec. 7207. Agricultural bioenergy feedstock and energy efficiency
research and extension initiative.
Sec. 7208. Farm business management and benchmarking.
Sec. 7209. Agricultural telecommunications program.
Sec. 7210. Assistive technology program for farmers with disabilities.
Sec. 7211. Research on honey bee diseases.
Sec. 7212. National Rural Information Center Clearinghouse.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
Sec. 7301. Peer and merit review.
Sec. 7302. Partnerships for high-value agricultural product quality
research.
Sec. 7303. Precision agriculture.
Sec. 7304. Biobased products.
Sec. 7305. Thomas Jefferson Initiative for Crop Diversification.
Sec. 7306. Integrated research, education, and extension competitive
grants program.
Sec. 7307. Fusarium graminearum grants.
Sec. 7308. Bovine Johne's disease control program.
Sec. 7309. Grants for youth organizations.
Sec. 7310. Agricultural biotechnology research and development for
developing countries.
Sec. 7311. Specialty crop research initiative.
Sec. 7312. Food animal residue avoidance database program.
Sec. 7313. Office of pest management policy.
Subtitle D--Other Laws
Sec. 7401. Critical Agricultural Materials Act.
Sec. 7402. Equity in Educational Land-Grant Status Act of 1994.
Sec. 7403. Smith-Lever Act.
Sec. 7404. Hatch Act of 1887.
Sec. 7405. Agricultural Experiment Station Research Facilities Act.
Sec. 7406. Agriculture and food research initiative.
Sec. 7407. Agricultural Risk Protection Act of 2000.
Sec. 7408. Exchange or sale authority.
Sec. 7409. Enhanced use lease authority pilot program.
Sec. 7410. Beginning farmer and rancher development program.
Sec. 7411. Public education regarding use of biotechnology in producing
food for human consumption.
Sec. 7412. McIntire-Stennis Cooperative Forestry Act.
Sec. 7413. Renewable Resources Extension Act of 1978.
Sec. 7414. National Aquaculture Act of 1980.
Sec. 7415. Construction of Chinese Garden at the National Arboretum.
Sec. 7416. National Agricultural Research, Extension, and Teaching
Policy Act Amendments of 1985.
Sec. 7417. Eligibility of University of the District of Columbia for
certain land-grant university assistance.
Subtitle E--Miscellaneous
PART I--General Provisions
Sec. 7501. Definitions.
Sec. 7502. Grazinglands research laboratory.
Sec. 7503. Fort Reno Science Park Research Facility.
Sec. 7504. Roadmap.
Sec. 7505. Review of plan of work requirements.
Sec. 7506. Budget submission and funding.
PART II--Research, Education, and Economics
Sec. 7511. Research, education, and economics.
PART III--New Grant and Research Programs
Sec. 7521. Research and education grants for the study of antibiotic-
resistant bacteria.
Sec. 7522. Farm and ranch stress assistance network.
Sec. 7523. Seed distribution.
Sec. 7524. Live virus foot and mouth disease research.
Sec. 7525. Natural products research program.
Sec. 7526. Sun grant program.
Sec. 7527. Study and report on food deserts.
Sec. 7528. Demonstration project authority for temporary positions.
Sec. 7529. Agricultural and rural transportation research and education.
TITLE VIII--FORESTRY
Subtitle A--Amendments to Cooperative Forestry Assistance Act of 1978
Sec. 8001. National priorities for private forest conservation.
Sec. 8002. Long-term State-wide assessments and strategies for forest
resources.
Sec. 8003. Community forest and open space conservation program.
Sec. 8004. Assistance to the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau.
Sec. 8005. Changes to Forest Resource Coordinating Committee.
Sec. 8006. Changes to State Forest Stewardship Coordinating Committees.
Sec. 8007. Competition in programs under Cooperative Forestry Assistance
Act of 1978.
Sec. 8008. Competitive allocation of funds for cooperative forest
innovation partnership projects.
Subtitle B--Cultural and Heritage Cooperation Authority
Sec. 8101. Purposes.
Sec. 8102. Definitions.
Sec. 8103. Reburial of human remains and cultural items.
Sec. 8104. Temporary closure for traditional and cultural purposes.
Sec. 8105. Forest products for traditional and cultural purposes.
Sec. 8106. Prohibition on disclosure.
Sec. 8107. Severability and savings provisions.
Subtitle C--Amendments to Other Forestry-Related Laws
Sec. 8201. Rural revitalization technologies.
Sec. 8202. Office of International Forestry.
Sec. 8203. Emergency forest restoration program.
Sec. 8204. Prevention of illegal logging practices.
Sec. 8205. Healthy forests reserve program.
Subtitle D--Boundary Adjustments and Land Conveyance Provisions
Sec. 8301. Green Mountain National Forest boundary adjustment.
Sec. 8302. Land conveyances, Chihuahuan Desert Nature Park, New Mexico,
and George Washington National Forest, Virginia.
Sec. 8303. Sale and exchange of National Forest System land, Vermont.
Subtitle E--Miscellaneous Provisions
Sec. 8401. Qualifying timber contract options.
Sec. 8402. Hispanic-serving institution agricultural land national
resources leadership program.
TITLE IX--ENERGY
Sec. 9001. Energy.
Sec. 9002. Biofuels infrastructure study.
Sec. 9003. Renewable fertilizer study.
TITLE X--HORTICULTURE AND ORGANIC AGRICULTURE
Sec. 10001. Definitions.
Subtitle A--Horticulture Marketing and Information
Sec. 10101. Independent evaluation of Department of Agriculture
commodity purchase process.
Sec. 10102. Quality requirements for clementines.
Sec. 10103. Inclusion of specialty crops in census of agriculture.
Sec. 10104. Mushroom promotion, research, and consumer information.
Sec. 10105. Food safety education initiatives.
Sec. 10106. Farmers' market promotion program.
Sec. 10107. Specialty crops market news allocation.
Sec. 10108. Expedited marketing order for Hass avocados for grades and
standards and other purposes.
Sec. 10109. Specialty crop block grants.
Subtitle B--Pest and Disease Management
Sec. 10201. Plant pest and disease management and disaster prevention.
Sec. 10202. National Clean Plant Network.
Sec. 10203. Plant protection.
Sec. 10204. Regulations to improve management and oversight of certain
regulated articles.
Sec. 10205. Pest and Disease Revolving Loan Fund.
Sec. 10206. Cooperative agreements relating to plant pest and disease
prevention activities.
Subtitle C--Organic Agriculture
Sec. 10301. National organic certification cost-share program.
Sec. 10302. Organic production and market data initiatives.
Sec. 10303. National Organic Program.
Subtitle D--Miscellaneous
Sec. 10401. National Honey Board.
Sec. 10402. Identification of honey.
Sec. 10403. Grant program to improve movement of specialty crops.
Sec. 10404. Market loss assistance for asparagus producers.
TITLE XI--LIVESTOCK
Sec. 11001. Livestock mandatory reporting.
Sec. 11002. Country of origin labeling.
Sec. 11003. Agricultural Fair Practices Act of 1967 definitions.
Sec. 11004. Annual report.
Sec. 11005. Production contracts.
Sec. 11006. Regulations.
Sec. 11007. Sense of Congress regarding pseudorabies eradication
program.
Sec. 11008. Sense of Congress regarding the cattle fever tick
eradication program.
Sec. 11009. National Sheep Industry Improvement Center.
Sec. 11010. Trichinae certification program.
Sec. 11011. Low pathogenic diseases.
Sec. 11012. Animal protection.
Sec. 11013. National Aquatic Animal Health Plan.
Sec. 11014. Study on bioenergy operations.
Sec. 11015. Interstate shipment of meat and poultry inspected by Federal
and State agencies for certain small establishments.
Sec. 11016. Inspection and grading.
Sec. 11017. Food safety improvement.
TITLE XII--CROP INSURANCE AND DISASTER ASSISTANCE PROGRAMS
Subtitle A--Crop Insurance and Disaster Assistance
Sec. 12001. Definition of organic crop.
Sec. 12002. General powers.
Sec. 12003. Reduction in loss ratio.
Sec. 12004. Premiums adjustments.
Sec. 12005. Controlled business insurance.
Sec. 12006. Administrative fee.
Sec. 12007. Time for payment.
Sec. 12008. Catastrophic coverage reimbursement rate.
Sec. 12009. Grain sorghum price election.
Sec. 12010. Premium reduction authority.
Sec. 12011. Enterprise and whole farm units.
Sec. 12012. Payment of portion of premium for area revenue plans.
Sec. 12013. Denial of claims.
Sec. 12014. Settlement of crop insurance claims on farm-stored
production.
Sec. 12015. Time for reimbursement.
Sec. 12016. Reimbursement rate.
Sec. 12017. Renegotiation of Standard Reinsurance Agreement.
Sec. 12018. Change in due date for Corporation payments for underwriting
gains.
Sec. 12019. Malting barley.
Sec. 12020. Crop production on native sod.
Sec. 12021. Information management.
Sec. 12022. Research and development.
Sec. 12023. Contracts for additional policies and studies.
Sec. 12024. Funding from insurance fund.
Sec. 12025. Pilot programs.
Sec. 12026. Risk management education for beginning farmers or ranchers.
Sec. 12027. Coverage for aquaculture under noninsured crop assistance
program.
Sec. 12028. Increase in service fees for noninsured crop assistance
program.
Sec. 12029. Determination of certain sweet potato production.
Sec. 12030. Declining yield report.
Sec. 12031. Definition of basic unit.
Sec. 12032. Crop insurance mediation.
Sec. 12033. Supplemental agricultural disaster assistance.
Sec. 12034. Fisheries disaster assistance.
Subtitle B--Small Business Disaster Loan Program
Sec. 12051. Short title.
Sec. 12052. Definitions.
PART I--Disaster Planning and Response
Sec. 12061. Economic injury disaster loans to nonprofits.
Sec. 12062. Coordination of disaster assistance programs with FEMA.
Sec. 12063. Public awareness of disaster declaration and application
periods.
Sec. 12064. Consistency between administration regulations and standard
operating procedures.
Sec. 12065. Increasing collateral requirements.
Sec. 12066. Processing disaster loans.
Sec. 12067. Information tracking and follow-up system.
Sec. 12068. Increased deferment period.
Sec. 12069. Disaster processing redundancy.
Sec. 12070. Net earnings clauses prohibited.
Sec. 12071. Economic injury disaster loans in cases of ice storms and
blizzards.
Sec. 12072. Development and implementation of major disaster response
plan.
Sec. 12073. Disaster planning responsibilities.
Sec. 12074. Assignment of employees of the office of disaster assistance
and disaster cadre.
Sec. 12075. Comprehensive disaster response plan.
Sec. 12076. Plans to secure sufficient office space.
Sec. 12077. Applicants that have become a major source of employment due
to changed economic circumstances.
Sec. 12078. Disaster loan amounts.
Sec. 12079. Small business bonding threshold.
PART II--Disaster Lending
Sec. 12081. Eligibility for additional disaster assistance.
Sec. 12082. Additional economic injury disaster loan assistance.
Sec. 12083. Private disaster loans.
Sec. 12084. Immediate Disaster Assistance program.
Sec. 12085. Expedited disaster assistance loan program.
Sec. 12086. Gulf Coast Disaster Loan Refinancing Program.
PART III--Miscellaneous
Sec. 12091. Reports on disaster assistance.
TITLE XIII--COMMODITY FUTURES
Sec. 13001. Short title.
Subtitle A--General Provisions
Sec. 13101. Commission authority over agreements, contracts or
transactions in foreign currency.
Sec. 13102. Anti-fraud authority over principal-to-principal
transactions.
Sec. 13103. Criminal and civil penalties.
Sec. 13104. Authorization of appropriations.
Sec. 13105. Technical and conforming amendments.
Sec. 13106. Portfolio margining and security index issues.
Subtitle B--Significant Price Discovery Contracts on Exempt Commercial
Markets
Sec. 13201. Significant price discovery contracts.
Sec. 13202. Large trader reporting.
Sec. 13203. Conforming amendments.
Sec. 13204. Effective date.
TITLE XIV--MISCELLANEOUS
Subtitle A--Socially Disadvantaged Producers and Limited Resource
Producers
Sec. 14001. Improved program delivery by Department of Agriculture on
Indian reservations.
Sec. 14002. Foreclosure.
Sec. 14003. Receipt for service or denial of service from certain
Department of Agriculture agencies.
Sec. 14004. Outreach and technical assistance for socially disadvantaged
farmers or ranchers.
Sec. 14005. Accurate documentation in the Census of Agriculture and
certain studies.
Sec. 14006. Transparency and accountability for socially disadvantaged
farmers or ranchers.
Sec. 14007. Oversight and compliance.
Sec. 14008. Minority Farmer Advisory Committee.
Sec. 14009. National Appeals Division.
Sec. 14010. Report of civil rights complaints, resolutions, and actions.
Sec. 14011. Sense of Congress relating to claims brought by socially
disadvantaged farmers or ranchers.
Sec. 14012. Determination on merits of Pigford claims.
Sec. 14013. Office of Advocacy and Outreach.
Subtitle B--Agricultural Security
Sec. 14101. Short title.
Sec. 14102. Definitions.
Chapter 1--Agricultural Security
Sec. 14111. Office of Homeland Security.
Sec. 14112. Agricultural biosecurity communication center.
Sec. 14113. Assistance to build local capacity in agricultural
biosecurity planning, preparedness, and response.
Chapter 2--Other Provisions
Sec. 14121. Research and development of agricultural countermeasures.
Sec. 14122. Agricultural biosecurity grant program.
Subtitle C--Other Miscellaneous Provisions
Sec. 14201. Cotton classification services.
Sec. 14202. Designation of States for cotton research and promotion.
Sec. 14203. Grants to reduce production of methamphetamines from
anhydrous ammonia.
Sec. 14204. Grants to improve supply, stability, safety, and training of
agricultural labor force.
Sec. 14205. Amendment to the Right to Financial Privacy Act of 1978.
Sec. 14206. Report on stored quantities of propane.
Sec. 14207. Prohibitions on dog fighting ventures.
Sec. 14208. Department of Agriculture conference transparency.
Sec. 14209. Federal Insecticide, Fungicide, and Rodenticide Act
amendments.
Sec. 14210. Importation of live dogs.
Sec. 14211. Permanent debarment from participation in Department of
Agriculture programs for fraud.
Sec. 14212. Prohibition on closure or relocation of county offices for
the Farm Service Agency.
Sec. 14213. USDA Graduate School.
Sec. 14214. Fines for violations of the Animal Welfare Act.
Sec. 14215. Definition of central filing system.
Sec. 14216. Consideration of proposed recommendations of study on use of
cats and dogs in Federal research.
Sec. 14217. Regional economic and infrastructure development.
Sec. 14218. Coordinator for chronically underserved rural areas.
Sec. 14219. Elimination of statute of limitations applicable to
collection of debt by administrative offset.
Sec. 14220. Availability of excess and surplus computers in rural areas.
Sec. 14221. Repeal of section 3068 of the Water Resources Development
Act of 2007.
Sec. 14222. Domestic food assistance programs.
Sec. 14223. Technical correction.
TITLE XV--TRADE AND TAX PROVISIONS
Sec. 15001. Short title; etc.
Subtitle A--Supplemental Agricultural Disaster Assistance From the
Agricultural Disaster Relief Trust Fund
Sec. 15101. Supplemental agricultural disaster assistance.
Subtitle B--Revenue Provisions for Agriculture Programs
Sec. 15201. Customs User Fees.
Sec. 15202. Time for payment of corporate estimated taxes.
Subtitle C--Tax Provisions
PART I--Conservation
subpart a--land and species preservation provisions
Sec. 15301. Exclusion of conservation reserve program payments from SECA
tax for certain individuals.
Sec. 15302. Two-year extension of special rule encouraging contributions
of capital gain real property for conservation purposes.
Sec. 15303. Deduction for endangered species recovery expenditures.
subpart b--timber provisions
Sec. 15311. Temporary reduction in rate of tax on qualified timber gain
of corporations.
Sec. 15312. Timber REIT modernization.
Sec. 15313. Mineral royalty income qualifying income for timber REITs.
Sec. 15314. Modification of taxable REIT subsidiary asset test for
timber REITs.
Sec. 15315. Safe harbor for timber property.
Sec. 15316. Qualified forestry conservation bonds.
PART II--Energy Provisions
subpart a--cellulosic biofuel
Sec. 15321. Credit for production of cellulosic biofuel.
Sec. 15322. Comprehensive study of biofuels.
subpart b--revenue provisions
Sec. 15331. Modification of alcohol credit.
Sec. 15332. Calculation of volume of alcohol for fuel credits.
Sec. 15333. Ethanol tariff extension.
Sec. 15334. Limitations on duty drawback on certain imported ethanol.
PART III--Agricultural Provisions
Sec. 15341. Increase in loan limits on agricultural bonds.
Sec. 15342. Allowance of section 1031 treatment for exchanges involving
certain mutual ditch, reservoir, or irrigation company stock.
Sec. 15343. Agricultural chemicals security credit.
Sec. 15344. 3-year depreciation for race horses that are 2-years old or
younger.
Sec. 15345. Temporary tax relief for Kiowa County, Kansas and
surrounding area.
Sec. 15346. Competitive certification awards modification authority.
PART IV--Other Revenue Provisions
Sec. 15351. Limitation on excess farm losses of certain taxpayers.
Sec. 15352. Modification to optional method of computing net earnings
from self-employment.
Sec. 15353. Information reporting for Commodity Credit Corporation
transactions.
PART V--Protection of Social Security
Sec. 15361. Protection of social security.
Subtitle D--Trade Provisions
PART I--Extension of Certain Trade Benefits
Sec. 15401. Short title.
Sec. 15402. Benefits for apparel and other textile articles.
Sec. 15403. Labor Ombudsman and technical assistance improvement and
compliance needs assessment and remediation program.
Sec. 15404. Petition process.
Sec. 15405. Conditions regarding enforcement of circumvention.
Sec. 15406. Presidential proclamation authority.
Sec. 15407. Regulations and procedures.
Sec. 15408. Extension of CBTPA.
Sec. 15409. Sense of Congress on interpretation of textile and apparel
provisions for Haiti.
Sec. 15410. Sense of Congress on trade mission to Haiti.
Sec. 15411. Sense of Congress on visa systems.
Sec. 15412. Effective date.
PART II--Miscellaneous Trade Provisions
Sec. 15421. Unused merchandise drawback.
Sec. 15422. Requirements relating to determination of transaction value
of imported merchandise.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--COMMODITY PROGRAMS
SEC. 1001. DEFINITIONS.
In this title (other than subtitle C):
(1) Average crop revenue election payment.--The term ``average
crop revenue election payment'' means a payment made to producers
on a farm under section 1105.
(2) Base acres.--
(A) In general.--The term ``base acres'', with respect to a
covered commodity on a farm, means the number of acres
established under section 1101 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7911) as in effect on
September 30, 2007, subject to any adjustment under section
1101 of this Act.
(B) Peanuts.--The term ``base acres for peanuts'' has the
meaning given the term in section 1301.
(3) Counter-cyclical payment.--The term ``counter-cyclical
payment'' means a payment made to producers on a farm under section
1104.
(4) Covered commodity.--The term ``covered commodity'' means
wheat, corn, grain sorghum, barley, oats, upland cotton, long grain
rice, medium grain rice, pulse crops, soybeans, and other oilseeds.
(5) Direct payment.--The term ``direct payment'' means a
payment made to producers on a farm under section 1103.
(6) Effective price.--The term ``effective price'', with
respect to a covered commodity for a crop year, means the price
calculated by the Secretary under section 1104 to determine whether
counter-cyclical payments are required to be made for that crop
year.
(7) Extra long staple cotton.--The term ``extra long staple
cotton'' means cotton that--
(A) is produced from pure strain varieties of the
Barbadense species or any hybrid of the species, or other
similar types of extra long staple cotton, designated by the
Secretary, having characteristics needed for various end uses
for which United States upland cotton is not suitable and grown
in irrigated cotton-growing regions of the United States
designated by the Secretary or other areas designated by the
Secretary as suitable for the production of the varieties or
types; and
(B) is ginned on a roller-type gin or, if authorized by the
Secretary, ginned on another type gin for experimental
purposes.
(8) Loan commodity.--The term ``loan commodity'' means wheat,
corn, grain sorghum, barley, oats, upland cotton, extra long staple
cotton, long grain rice, medium grain rice, soybeans, other
oilseeds, graded wool, nongraded wool, mohair, honey, dry peas,
lentils, small chickpeas, and large chickpeas.
(9) Medium grain rice.--The term ``medium grain rice'' includes
short grain rice.
(10) Other oilseed.--The term ``other oilseed'' means a crop of
sunflower seed, rapeseed, canola, safflower, flaxseed, mustard
seed, crambe, sesame seed, or any oilseed designated by the
Secretary.
(11) Payment acres.--The term ``payment acres'' means, in the
case of direct payments and counter-cyclical payments--
(A) except as provided in subparagraph (B), 85 percent of
the base acres of a covered commodity on a farm on which direct
payments or counter-cyclical payments are made; and
(B) in the case of direct payments for each of the 2009
through 2011 crop years, 83.3 percent of the base acres for the
covered commodity on a farm on which direct payments are made.
(12) Payment yield.--The term ``payment yield'' means the yield
established for direct payments and the yield established for
counter-cyclical payments under section 1102 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7912) as in effect on
September 30, 2007, or under section 1102 of this Act, for a farm
for a covered commodity.
(13) Producer.--
(A) In general.--The term ``producer'' means an owner,
operator, landlord, tenant, or sharecropper that shares in the
risk of producing a crop and is entitled to share in the crop
available for marketing from the farm, or would have shared had
the crop been produced.
(B) Hybrid seed.--In determining whether a grower of hybrid
seed is a producer, the Secretary shall--
(i) not take into consideration the existence of a
hybrid seed contract; and
(ii) ensure that program requirements do not adversely
affect the ability of the grower to receive a payment under
this title.
(14) Pulse crop.--The term ``pulse crop'' means dry peas,
lentils, small chickpeas, and large chickpeas.
(15) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(16) Target price.--The term ``target price'' means the price
per bushel, pound, or hundredweight (or other appropriate unit) of
a covered commodity used to determine the payment rate for counter-
cyclical payments.
(17) United states.--The term ``United States'', when used in a
geographical sense, means all of the States.
(18) United states premium factor.--The term ``United States
Premium Factor'' means the percentage by which the difference in
the United States loan schedule premiums for Strict Middling (SM)
1\1/8\-inch upland cotton and for Middling (M) 1\3/32\-inch upland
cotton exceeds the difference in the applicable premiums for
comparable international qualities.
Subtitle A--Direct Payments and Counter-Cyclical Payments
SEC. 1101. BASE ACRES.
(a) Adjustment of Base Acres.--
(1) In general.--The Secretary shall provide for an adjustment,
as appropriate, in the base acres for covered commodities for a
farm whenever any of the following circumstances occurs:
(A) A conservation reserve contract entered into under
section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831)
with respect to the farm expires or is voluntarily terminated,
or was terminated or expired during the period beginning on
October 1, 2007, and ending on the date of enactment of this
Act.
(B) Cropland is released from coverage under a conservation
reserve contract by the Secretary, or was released during the
period beginning on October 1, 2007, and ending on the date of
enactment of this Act.
(C) The producer has eligible pulse crop acreage, which
shall be determined in the same manner as eligible oilseed
acreage under section 1101(a)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7911(a)(2)).
(D) The producer has eligible oilseed acreage as the result
of the Secretary designating additional oilseeds, which shall
be determined in the same manner as eligible oilseed acreage
under section 1101(a)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7911(a)(2)).
(2) Special conservation reserve acreage payment rules.--For
the crop year in which a base acres adjustment under subparagraph
(A) or (B) of paragraph (1) is first made, the owner of the farm
shall elect to receive either direct payments and counter-cyclical
payments with respect to the acreage added to the farm under this
subsection or a prorated payment under the conservation reserve
contract, but not both.
(b) Prevention of Excess Base Acres.--
(1) Required reduction.--If the sum of the base acres for a
farm, together with the acreage described in paragraph (2) exceeds
the actual cropland acreage of the farm, the Secretary shall reduce
the base acres for 1 or more covered commodities for the farm or
the base acres for peanuts for the farm so that the sum of the base
acres and acreage described in paragraph (2) does not exceed the
actual cropland acreage of the farm.
(2) Other acreage.--For purposes of paragraph (1), the
Secretary shall include the following:
(A) Any base acres for peanuts for the farm.
(B) Any acreage on the farm enrolled in the conservation
reserve program or wetlands reserve program under chapter 1 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3830 et seq.).
(C) Any other acreage on the farm enrolled in a Federal
conservation program for which payments are made in exchange
for not producing an agricultural commodity on the acreage.
(D) Any eligible pulse crop acreage, which shall be
determined in the same manner as eligible oilseed acreage under
section 1101(a)(2) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7911(a)(2)).
(E) If the Secretary designates additional oilseeds, any
eligible oilseed acreage, which shall be determined in the same
manner as eligible oilseed acreage under section 1101(a)(2) of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
7911(a)(2)).
(3) Selection of acres.--The Secretary shall give the owner of
the farm the opportunity to select the base acres for a covered
commodity or the base acres for peanuts for the farm against which
the reduction required by paragraph (1) will be made.
(4) Exception for double-cropped acreage.--In applying
paragraph (1), the Secretary shall make an exception in the case of
double cropping, as determined by the Secretary.
(5) Coordinated application of requirements.--The Secretary
shall take into account section 1302(b) when applying the
requirements of this subsection.
(c) Reduction in Base Acres.--
(1) Reduction at option of owner.--
(A) In general.--The owner of a farm may reduce, at any
time, the base acres for any covered commodity for the farm.
(B) Effect of reduction.--A reduction under subparagraph
(A) shall be permanent and made in a manner prescribed by the
Secretary.
(2) Required action by secretary.--
(A) In general.--The Secretary shall proportionately reduce
base acres on a farm for covered commodities for land that has
been subdivided and developed for multiple residential units or
other nonfarming uses if the size of the tracts and the density
of the subdivision is such that the land is unlikely to return
to the previous agricultural use, unless the producers on the
farm demonstrate that the land--
(i) remains devoted to commercial agricultural
production; or
(ii) is likely to be returned to the previous
agricultural use.
(B) Requirement.--The Secretary shall establish procedures
to identify land described in subparagraph (A).
(3) Review and report.--Each year, to ensure, to the maximum
extent practicable, that payments are received only by producers,
the Secretary shall submit to Congress a report that describes the
results of the actions taken under paragraph (2).
(d) Treatment of Farms With Limited Base Acres.--
(1) Prohibition on payments.--Except as provided in paragraph
(2) and notwithstanding any other provision of this title, a
producer on a farm may not receive direct payments, counter-
cyclical payments, or average crop revenue election payments if the
sum of the base acres of the farm is 10 acres or less, as
determined by the Secretary.
(2) Exceptions.--Paragraph (1) shall not apply to a farm owned
by--
(A) a socially disadvantaged farmer or rancher (as defined
in section 355(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2003(e)); or
(B) a limited resource farmer or rancher, as defined by the
Secretary.
(3) Data collection and publication.--The Secretary shall--
(A) collect and publish segregated data and survey
information about the farm profiles, utilization of land, and
crop production; and
(B) perform an evaluation on the supply and price of fruits
and vegetables based on the effects of suspension of base acres
under this section.
SEC. 1102. PAYMENT YIELDS.
(a) Establishment and Purpose.--For the purpose of making direct
payments and counter-cyclical payments under this subtitle, the
Secretary shall provide for the establishment of a yield for each farm
for any designated oilseed or eligible pulse crop for which a payment
yield was not established under section 1102 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7912) in accordance with this
section.
(b) Payment Yields for Designated Oilseeds and Eligible Pulse
Crops.--
(1) Determination of average yield.--In the case of designated
oilseeds and eligible pulse crops, the Secretary shall determine
the average yield per planted acre for the designated oilseed or
pulse crop on a farm for the 1998 through 2001 crop years,
excluding any crop year in which the acreage planted to the
designated oilseed or pulse crop was zero.
(2) Adjustment for payment yield.--
(A) In general.--The payment yield for a farm for a
designated oilseed or eligible pulse crop shall be equal to the
product of the following:
(i) The average yield for the designated oilseed or
pulse crop determined under paragraph (1).
(ii) The ratio resulting from dividing the national
average yield for the designated oilseed or pulse crop for
the 1981 through 1985 crops by the national average yield
for the designated oilseed or pulse crop for the 1998
through 2001 crops.
(B) No national average yield information available.--To
the extent that national average yield information for a
designated oilseed or pulse crop is not available, the
Secretary shall use such information as the Secretary
determines to be fair and equitable to establish a national
average yield under this section.
(3) Use of partial county average yield.--If the yield per
planted acre for a crop of a designated oilseed or pulse crop for a
farm for any of the 1998 through 2001 crop years was less than 75
percent of the county yield for that designated oilseed or pulse
crop, the Secretary shall assign a yield for that crop year equal
to 75 percent of the county yield for the purpose of determining
the average under paragraph (1).
(4) No historic yield data available.--In the case of
establishing yields for designated oilseeds and eligible pulse
crops, if historic yield data is not available, the Secretary shall
use the ratio for dry peas calculated under paragraph (2)(A)(ii) in
determining the yields for designated oilseeds and eligible pulse
crops, as determined to be fair and equitable by the Secretary.
SEC. 1103. AVAILABILITY OF DIRECT PAYMENTS.
(a) Payment Required.--For each of the 2008 through 2012 crop years
of each covered commodity (other than pulse crops), the Secretary shall
make direct payments to producers on farms for which base acres and
payment yields are established.
(b) Payment Rate.--Except as provided in section 1105, the payment
rates used to make direct payments with respect to covered commodities
for a crop year shall be as follows:
(1) Wheat, $0.52 per bushel.
(2) Corn, $0.28 per bushel.
(3) Grain sorghum, $0.35 per bushel.
(4) Barley, $0.24 per bushel.
(5) Oats, $0.024 per bushel.
(6) Upland cotton, $0.0667 per pound.
(7) Long grain rice, $2.35 per hundredweight.
(8) Medium grain rice, $2.35 per hundredweight.
(9) Soybeans, $0.44 per bushel.
(10) Other oilseeds, $0.80 per hundredweight.
(c) Payment Amount.--The amount of the direct payment to be paid to
the producers on a farm for a covered commodity for a crop year shall
be equal to the product of the following:
(1) The payment rate specified in subsection (b).
(2) The payment acres of the covered commodity on the farm.
(3) The payment yield for the covered commodity for the farm.
(d) Time for Payment.--
(1) In general.--Except as provided in paragraph (2), in the
case of each of the 2008 through 2012 crop years, the Secretary may
not make direct payments before October 1 of the calendar year in
which the crop of the covered commodity is harvested.
(2) Advance payments.--
(A) Option.--
(i) In general.--At the option of the producers on a
farm, the Secretary shall pay in advance up to 22 percent
of the direct payment for a covered commodity for any of
the 2008 through 2011 crop years to the producers on a
farm.
(ii) 2008 crop year.--If the producers on a farm elect
to receive advance direct payments under clause (i) for a
covered commodity for the 2008 crop year, as soon as
practicable after the election, the Secretary shall make
the advance direct payment to the producers on the farm.
(B) Month.--
(i) Selection.--Subject to clauses (ii) and (iii), the
producers on a farm shall select the month during which the
advance payment for a crop year will be made.
(ii) Options.--The month selected may be any month
during the period--
(I) beginning on December 1 of the calendar year
before the calendar year in which the crop of the
covered commodity is harvested; and
(II) ending during the month within which the
direct payment would otherwise be made.
(iii) Change.--The producers on a farm may change the
selected month for a subsequent advance payment by
providing advance notice to the Secretary.
(3) Repayment of advance payments.--If a producer on a farm
that receives an advance direct payment for a crop year ceases to
be a producer on that farm, or the extent to which the producer
shares in the risk of producing a crop changes, before the date the
remainder of the direct payment is made, the producer shall be
responsible for repaying the Secretary the applicable amount of the
advance payment, as determined by the Secretary.
SEC. 1104. AVAILABILITY OF COUNTER-CYCLICAL PAYMENTS.
(a) Payment Required.--Except as provided in section 1105, for each
of the 2008 through 2012 crop years for each covered commodity, the
Secretary shall make counter-cyclical payments to producers on farms
for which payment yields and base acres are established with respect to
the covered commodity if the Secretary determines that the effective
price for the covered commodity is less than the target price for the
covered commodity.
(b) Effective Price.--
(1) Covered commodities other than rice.--Except as provided in
paragraph (2), for purposes of subsection (a), the effective price
for a covered commodity is equal to the sum of the following:
(A) The higher of the following:
(i) The national average market price received by
producers during the 12-month marketing year for the
covered commodity, as determined by the Secretary.
(ii) The national average loan rate for a marketing
assistance loan for the covered commodity in effect for the
applicable period under subtitle B.
(B) The payment rate in effect for the covered commodity
under section 1103 for the purpose of making direct payments
with respect to the covered commodity.
(2) Rice.--In the case of long grain rice and medium grain
rice, for purposes of subsection (a), the effective price for each
type or class of rice is equal to the sum of the following:
(A) The higher of the following:
(i) The national average market price received by
producers during the 12-month marketing year for the type
or class of rice, as determined by the Secretary.
(ii) The national average loan rate for a marketing
assistance loan for the type or class of rice in effect for
the applicable period under subtitle B.
(B) The payment rate in effect for the type or class of
rice under section 1103 for the purpose of making direct
payments with respect to the type or class of rice.
(c) Target Price.--
(1) 2008 crop year.--For purposes of the 2008 crop year, the
target prices for covered commodities shall be as follows:
(A) Wheat, $3.92 per bushel.
(B) Corn, $2.63 per bushel.
(C) Grain sorghum, $2.57 per bushel.
(D) Barley, $2.24 per bushel.
(E) Oats, $1.44 per bushel.
(F) Upland cotton, $0.7125 per pound.
(G) Long grain rice, $10.50 per hundredweight.
(H) Medium grain rice, $10.50 per hundredweight.
(I) Soybeans, $5.80 per bushel.
(J) Other oilseeds, $10.10 per hundredweight.
(2) 2009 crop year.--For purposes of the 2009 crop year, the
target prices for covered commodities shall be as follows:
(A) Wheat, $3.92 per bushel.
(B) Corn, $2.63 per bushel.
(C) Grain sorghum, $2.57 per bushel.
(D) Barley, $2.24 per bushel.
(E) Oats, $1.44 per bushel.
(F) Upland cotton, $0.7125 per pound.
(G) Long grain rice, $10.50 per hundredweight.
(H) Medium grain rice, $10.50 per hundredweight.
(I) Soybeans, $5.80 per bushel.
(J) Other oilseeds, $10.10 per hundredweight.
(K) Dry peas, $8.32 per hundredweight.
(L) Lentils, $12.81 per hundredweight.
(M) Small chickpeas, $10.36 per hundredweight.
(N) Large chickpeas, $12.81 per hundredweight.
(3) Subsequent crop years.--For purposes of each of the 2010
through 2012 crop years, the target prices for covered commodities
shall be as follows:
(A) Wheat, $4.17 per bushel.
(B) Corn, $2.63 per bushel.
(C) Grain sorghum, $2.63 per bushel.
(D) Barley, $2.63 per bushel.
(E) Oats, $1.79 per bushel.
(F) Upland cotton, $0.7125 per pound.
(G) Long grain rice, $10.50 per hundredweight.
(H) Medium grain rice, $10.50 per hundredweight.
(I) Soybeans, $6.00 per bushel.
(J) Other oilseeds, $12.68 per hundredweight.
(K) Dry peas, $8.32 per hundredweight.
(L) Lentils, $12.81 per hundredweight.
(M) Small chickpeas, $10.36 per hundredweight.
(N) Large chickpeas, $12.81 per hundredweight.
(d) Payment Rate.--The payment rate used to make counter-cyclical
payments with respect to a covered commodity for a crop year shall be
equal to the difference between--
(1) the target price for the covered commodity; and
(2) the effective price determined under subsection (b) for the
covered commodity.
(e) Payment Amount.--If counter-cyclical payments are required to
be paid under this section 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 shall be equal to
the product of the following:
(1) The payment rate specified in subsection (d).
(2) The payment acres of the covered commodity on the farm.
(3) The payment yield for the covered commodity for the farm.
(f) Time for Payments.--
(1) General rule.--Except as provided in paragraph (2), if the
Secretary determines under subsection (a) that counter-cyclical
payments are required to be made under this section for the crop of
a covered commodity, beginning October 1, or as soon as practicable
thereafter, after the end of the marketing year for the covered
commodity, the Secretary shall make the counter-cyclical payments
for the crop.
(2) Availability of partial payments.--
(A) In general.--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.
(B) Election.--
(i) In general.--The Secretary shall allow producers on
a farm to make an election to receive partial payments for
a covered commodity under subparagraph (A) at any time but
not later than 60 days prior to the end of the marketing
year for that covered commodity.
(ii) Date of issuance.--The Secretary shall issue the
partial payment after the date of an announcement by the
Secretary but not later than 30 days prior to the end of
the marketing year.
(3) Time for partial payments.--When the Secretary makes
partial payments for a covered commodity for any of the 2008
through 2010 crop years--
(A) the first partial payment shall be made after
completion of the first 180 days of the marketing year for the
covered commodity; and
(B) the final partial payment shall be made beginning
October 1, or as soon as practicable thereafter, after the end
of the applicable marketing year for the covered commodity.
(4) Amount of partial payment.--
(A) First partial payment.--For each of the 2008 through
2010 crops of a covered commodity, the first partial payment
under paragraph (3) to the producers on a farm may not exceed
40 percent of the projected counter-cyclical payment for the
covered commodity for the crop year, as determined by the
Secretary.
(B) Final payment.--The final payment for a covered
commodity for a 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 payment made to the
producers under subparagraph (A).
(5) Repayment.--The 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.
SEC. 1105. AVERAGE CROP REVENUE ELECTION PROGRAM.
(a) Availability and Election of Alternative Approach.--
(1) Availability of average crop revenue election payments.--As
an alternative to receiving counter-cyclical payments under section
1104 or 1304 and in exchange for a 20-percent reduction in direct
payments under section 1103 or 1303 and a 30-percent reduction in
marketing assistance loan rates under section 1202 or 1307, with
respect to all covered commodities and peanuts on a farm, during
each of the 2009, 2010, 2011, and 2012 crop years, the Secretary
shall give the producers on the farm an opportunity to make an
irrevocable election to instead receive average crop revenue
election (referred to in this section as ``ACRE'') payments under
this section for the initial crop year for which the election is
made through the 2012 crop year.
(2) Limitation.--
(A) In general.--The total number of planted acres for
which the producers on a farm may receive ACRE payments under
this section may not exceed the total base acreage for all
covered commodities and peanuts on the farm.
(B) Election.--If the total number of planted acres to all
covered commodities and peanuts of the producers on a farm
exceeds the total base acreage of the farm, the producers on
the farm may choose which planted acres to enroll in the
program under this section.
(3) Election; time for election.--
(A) In general.--The Secretary shall provide notice to
producers regarding the opportunity to make each of the
elections described in paragraph (1).
(B) Notice requirements.--The notice shall include--
(i) notice of the opportunity of the producers on a
farm to make the election; and
(ii) information regarding the manner in which the
election must be made and the time periods and manner in
which notice of the election must be submitted to the
Secretary.
(4) Election deadline.--Within the time period and in the
manner prescribed pursuant to paragraph (3), all of the producers
on a farm shall submit to the Secretary notice of an election made
under paragraph (1).
(5) Effect of failure to make election.--If all of the
producers on a farm fail to make an election under paragraph (1),
make different elections under paragraph (1), or fail to timely
notify the Secretary of the election made, as required by paragraph
(4), all of the producers on the farm shall be deemed to have made
the election to receive counter-cyclical payments under section
1104 or 1304 for all covered commodities and peanuts on the farm,
and to otherwise not have made the election described in paragraph
(1), for the applicable crop years.
(b) Payments Required.--
(1) In general.--In the case of producers on a farm who make an
election under subsection (a) to receive ACRE payments for any of
the 2009 through 2012 crop years for all covered commodities and
peanuts, the Secretary shall make ACRE payments available to the
producers on a farm in accordance with this subsection.
(2) ACRE payment.--
(A) In general.--Subject to paragraph (3), in the case of
producers on a farm described in paragraph (1), the Secretary
shall make ACRE payments available to the producers on a farm
for each crop year if--
(i) the actual State revenue for the crop year for the
covered commodity or peanuts in the State determined under
subsection (c); is less than
(ii) the ACRE program guarantee for the crop year for
the covered commodity or peanuts in the State determined
under subsection (d).
(B) Individual loss.--The Secretary shall make ACRE
payments available to the producers on a farm in a State for a
crop year only if (as determined by the Secretary)--
(i) the actual farm revenue for the crop year for the
covered commodity or peanuts, as determined under
subsection (e); is less than
(ii) the farm ACRE benchmark revenue for the crop year
for the covered commodity or peanuts, as determined under
subsection (f).
(3) Time for payments.--In the case of each of the 2009 through
2012 crop years, the Secretary shall make ACRE payments beginning
October 1, or as soon as practicable thereafter, after the end of
the applicable marketing year for the covered commodity or peanuts.
(c) Actual State Revenue.--
(1) In general.--For purposes of subsection (b)(2)(A), the
amount of the actual State revenue for a crop year of a covered
commodity or peanuts shall equal the product obtained by
multiplying--
(A) the actual State yield for each planted acre for the
crop year for the covered commodity or peanuts determined under
paragraph (2); and
(B) the national average market price for the crop year for
the covered commodity or peanuts determined under paragraph
(3).
(2) Actual state yield.--For purposes of paragraph (1)(A), the
actual State yield for each planted acre for a crop year for a
covered commodity or peanuts in a State shall equal (as determined
by the Secretary)--
(A) the quantity of the covered commodity or peanuts that
is produced in the State during the crop year; divided by
(B) the number of acres that are planted to the covered
commodity or peanuts in the State during the crop year.
(3) National average market price.--For purposes of paragraph
(1)(B), the national average market price for a crop year for a
covered commodity or peanuts in a State shall equal the greater
of--
(A) the national average market price received by producers
during the 12-month marketing year for the covered commodity or
peanuts, as determined by the Secretary; or
(B) the marketing assistance loan rate for the covered
commodity or peanuts under section 1202 or 1307, as reduced
under subsection (a)(1).
(d) ACRE Program Guarantee.--
(1) Amount.--
(A) In general.--For purposes of subsection (b)(2)(A) and
subject to subparagraph (B), the ACRE program guarantee for a
crop year for a covered commodity or peanuts in a State shall
equal 90 percent of the product obtained by multiplying--
(i) the benchmark State yield for each planted acre for
the crop year for the covered commodity or peanuts in a
State determined under paragraph (2); and
(ii) the ACRE program guarantee price for the crop year
for the covered commodity or peanuts determined under
paragraph (3).
(B) Minimum and maximum guarantee.--In the case of each of
the 2010 through 2012 crop years, the ACRE program guarantee
for a crop year for a covered commodity or peanuts under
subparagraph (A) shall not decrease or increase more than 10
percent from the guarantee for the preceding crop year.
(2) Benchmark state yield.--
(A) In general.--For purposes of paragraph (1)(A)(i),
subject to subparagraph (B), the benchmark State yield for each
planted acre for a crop year for a covered commodity or peanuts
in a State shall equal the average yield per planted acre for
the covered commodity or peanuts in the State for the most
recent 5 crop year yields, excluding each of the crop years
with the highest and lowest yields, using National Agricultural
Statistics Service data.
(B) Assigned yield.--If the Secretary cannot establish the
benchmark State yield for each planted acre for a crop year for
a covered commodity or peanuts in a State in accordance with
subparagraph (A) or if the yield determined under subparagraph
(A) is an unrepresentative average yield for the State (as
determined by the Secretary), the Secretary shall assign a
benchmark State yield for each planted acre for the crop year
for the covered commodity or peanuts in the State on the basis
of--
(i) previous average yields for a period of 5 crop
years, excluding each of the crop years with the highest
and lowest yields; or
(ii) benchmark State yields for planted acres for the
crop year for the covered commodity or peanuts in similar
States.
(3) ACRE program guarantee price.--For purposes of paragraph
(1)(A)(ii), the ACRE program guarantee price for a crop year for a
covered commodity or peanuts in a State shall be the simple average
of the national average market price received by producers of the
covered commodity or peanuts for the most recent 2 crop years, as
determined by the Secretary.
(4) States with irrigated and nonirrigated land.--In the case
of a State in which at least 25 percent of the acreage planted to a
covered commodity or peanuts in the State is irrigated and at least
25 percent of the acreage planted to the covered commodity or
peanuts in the State is not irrigated, the Secretary shall
calculate a separate ACRE program guarantee for the irrigated and
nonirrigated areas of the State for the covered commodity or
peanuts.
(e) Actual Farm Revenue.--For purposes of subsection (b)(2)(B)(i),
the amount of the actual farm revenue for a crop year for a covered
commodity or peanuts shall equal the amount determined by multiplying--
(1) the actual yield for the covered commodity or peanuts of
the producers on the farm; and
(2) the national average market price for the crop year for the
covered commodity or peanuts determined under subsection (c)(3).
(f) Farm ACRE Benchmark Revenue.--For purposes of subsection
(b)(2)(B)(ii), the farm ACRE benchmark revenue for the crop year for a
covered commodity or peanuts shall equal the sum obtained by adding--
(1) the amount determined by multiplying--
(A) the average yield per planted acre for the covered
commodity or peanuts of the producers on the farm for the most
recent 5 crop years, excluding each of the crop years with the
highest and lowest yields; and
(B) the ACRE program guarantee price for the applicable
crop year for the covered commodity or peanuts in a State
determined under subsection (d)(3); and
(2) the amount of the per acre crop insurance premium required
to be paid by the producers on the farm for the applicable crop
year for the covered commodity or peanuts on the farm.
(g) Payment Amount.--If ACRE payments are required to be paid for
any of the 2009 through 2012 crop years of a covered commodity or
peanuts under this section, the amount of the ACRE payment to be paid
to the producers on the farm for the crop year under this section shall
be equal to the product obtained by multiplying--
(1) the lesser of--
(A) the difference between--
(i) the ACRE program guarantee for the crop year for
the covered commodity or peanuts in the State determined
under subsection (d); and
(ii) the actual State revenue from the crop year for
the covered commodity or peanuts in the State determined
under subsection (c); and
(B) 25 percent of the ACRE program guarantee for the crop
year for the covered commodity or peanuts in the State
determined under subsection (d);
(2)(A) for each of the 2009 through 2011 crop years, 83.3
percent of the acreage planted or considered planted to the covered
commodity or peanuts for harvest on the farm in the crop year; and
(B) for the 2012 crop year, 85 percent of the acreage planted
or considered planted to the covered commodity or peanuts for
harvest on the farm in the crop year; and
(3) the quotient obtained by dividing--
(A) the average yield per planted acre for the covered
commodity or peanuts of the producers on the farm for the most
recent 5 crop years, excluding each of the crop years with the
highest and lowest yields; by
(B) the benchmark State yield for the crop year, as
determined under subsection (d)(2).
SEC. 1106. PRODUCER AGREEMENT REQUIRED AS CONDITION OF PROVISION OF
PAYMENTS.
(a) Compliance With Certain Requirements.--
(1) Requirements.--Before the producers on a farm may receive
direct payments, counter-cyclical payments, or average crop revenue
election payments with respect to the farm, the producers shall
agree, during the crop year for which the payments are made and in
exchange for the payments--
(A) to comply with applicable conservation requirements
under subtitle B of title XII of the Food Security Act of 1985
(16 U.S.C. 3811 et seq.);
(B) to comply with applicable wetland protection
requirements under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.);
(C) to comply with the planting flexibility requirements of
section 1107;
(D) to use the land on the farm, in a quantity equal to the
attributable base acres for the farm and any base acres for
peanuts for the farm under subtitle C, for an agricultural or
conserving use, and not for a nonagricultural commercial,
industrial, or residential use, as determined by the Secretary;
and
(E) to effectively control noxious weeds and otherwise
maintain the land in accordance with sound agricultural
practices, as determined by the Secretary, if the agricultural
or conserving use involves the noncultivation of any portion of
the land referred to in subparagraph (D).
(2) Compliance.--The Secretary may issue such rules as the
Secretary considers necessary to ensure producer compliance with
the requirements of paragraph (1).
(3) Modification.--At the request of the transferee or owner,
the Secretary may modify the requirements of this subsection if the
modifications are consistent with the objectives of this
subsection, as determined by the Secretary.
(b) Transfer or Change of Interest in Farm.--
(1) Termination.--
(A) In general.--Except as provided in paragraph (2), a
transfer of (or change in) the interest of the producers on a
farm in base acres for which direct payments or counter-
cyclical payments are made, or on which average crop revenue
election payments are based, shall result in the termination of
the direct payments, counter-cyclical payments, or average crop
revenue election payments to the extent the payments are made
or based on the base acres, unless the transferee or owner of
the acreage agrees to assume all obligations under subsection
(a).
(B) Effective date.--The termination shall take effect on
the date determined by the Secretary.
(2) Exception.--If a producer entitled to a direct payment,
counter-cyclical payment, or average crop revenue election payment
dies, becomes incompetent, or is otherwise unable to receive the
payment, the Secretary shall make the payment, in accordance with
rules issued by the Secretary.
(c) Reports.--
(1) Acreage reports.--As a condition on the receipt of any
benefits under this subtitle or subtitle B, the Secretary shall
require producers on a farm to submit to the Secretary annual
acreage reports with respect to all cropland on the farm.
(2) Production reports.--As a condition on the receipt of any
benefits under this subtitle or subtitle B, the Secretary shall
require producers on a farm that receive payments under section
1105 to submit to the Secretary annual production reports with
respect to all covered commodities and peanuts produced on the
farm.
(3) Penalties.--No penalty with respect to benefits under this
subtitle or subtitle B shall be assessed against the producers on a
farm for an inaccurate acreage or production report unless the
producers on the farm knowingly and willfully falsified the acreage
or production report.
(d) Tenants and Sharecroppers.--In carrying out this subtitle, the
Secretary shall provide adequate safeguards to protect the interests of
tenants and sharecroppers.
(e) Sharing of Payments.--The Secretary shall provide for the
sharing of direct payments, counter-cyclical payments, or average crop
revenue election payments among the producers on a farm on a fair and
equitable basis.
SEC. 1107. PLANTING FLEXIBILITY.
(a) Permitted Crops.--Subject to subsection (b), any commodity or
crop may be planted on base acres on a farm.
(b) Limitations Regarding Certain Commodities.--
(1) General limitation.--The planting of an agricultural
commodity specified in paragraph (3) shall be prohibited on base
acres unless the commodity, if planted, is destroyed before
harvest.
(2) Treatment of trees and other perennials.--The planting of
an agricultural commodity specified in paragraph (3) that is
produced on a tree or other perennial plant shall be prohibited on
base acres.
(3) Covered agricultural commodities.--Paragraphs (1) and (2)
apply to the following agricultural commodities:
(A) Fruits.
(B) Vegetables (other than mung beans and pulse crops).
(C) Wild rice.
(c) Exceptions.--Paragraphs (1) and (2) of subsection (b) shall not
limit the planting of an agricultural commodity specified in paragraph
(3) of that subsection--
(1) in any region in which there is a history of double-
cropping of covered commodities with agricultural commodities
specified in subsection (b)(3), as determined by the Secretary, in
which case the double-cropping shall be permitted;
(2) on a farm that the Secretary determines has a history of
planting agricultural commodities specified in subsection (b)(3) on
base acres, except that direct payments and counter-cyclical
payments shall be reduced by an acre for each acre planted to such
an agricultural commodity; or
(3) by the producers on a farm that the Secretary determines
has an established planting history of a specific agricultural
commodity specified in subsection (b)(3), except that--
(A) the quantity planted may not exceed the average annual
planting history of such agricultural commodity by the
producers on the farm in the 1991 through 1995 or 1998 through
2001 crop years (excluding any crop year in which no plantings
were made), as determined by the Secretary; and
(B) direct payments and counter-cyclical payments shall be
reduced by an acre for each acre planted to such agricultural
commodity.
(d) Planting Transferability Pilot Project.--
(1) Pilot project authorized.--Notwithstanding paragraphs (1)
and (2) of subsection (b) and in addition to the exceptions
provided in subsection (c), the Secretary shall carry out a pilot
project to permit the planting of cucumbers, green peas, lima
beans, pumpkins, snap beans, sweet corn, and tomatoes grown for
processing on base acres during each of the 2009 through 2012 crop
years.
(2) Pilot project states and acres.--The number of base acres
eligible during each crop year for the pilot project under
paragraph (1) shall be--
(A) 9,000 acres in the State of Illinois;
(B) 9,000 acres in the State of Indiana;
(C) 1,000 acres in the State of Iowa;
(D) 9,000 acres in the State of Michigan;
(E) 34,000 acres in the State of Minnesota;
(F) 4,000 acres in the State of Ohio; and
(G) 9,000 acres in the State of Wisconsin.
(3) Contract and management requirements.--To be eligible for
selection to participate in the pilot project, the producers on a
farm shall--
(A) demonstrate to the Secretary that the producers on the
farm have entered into a contract to produce a crop of a
commodity specified in paragraph (1) for processing;
(B) agree to produce the crop as part of a program of crop
rotation on the farm to achieve agronomic and pest and disease
management benefits; and
(C) provide evidence of the disposition of the crop.
(4) Temporary reduction in base acres.--The base acres on a
farm for a crop year shall be reduced by an acre for each acre
planted under the pilot program.
(5) Duration of reductions.--The reduction in the base acres of
a farm for a crop year under paragraph (4) shall expire at the end
of the crop year.
(6) Recalculation of base acres.--
(A) In general.--If the Secretary recalculates base acres
for a farm while the farm is included in the pilot project, the
planting and production of a crop of a commodity specified in
paragraph (1) on base acres for which a temporary reduction was
made under this section shall be considered to be the same as
the planting and production of a covered commodity.
(B) Prohibition.--Nothing in this paragraph provides
authority for the Secretary to recalculate base acres for a
farm.
(7) Pilot impact evaluation.--
(A) In general.--The Secretary shall periodically evaluate
the pilot project conducted under this subsection to determine
the effects of the pilot project on the supply and price of--
(i) fresh fruits and vegetables; and
(ii) fruits and vegetables for processing.
(B) Determination.--An evaluation under subparagraph (A)
shall include a determination as to whether--
(i) producers of fresh fruits and vegetables are being
negatively impacted; and
(ii) existing production capacities are being
supplanted.
(C) Report.--As soon as practicable after conducting an
evaluation under subparagraph (A), the Secretary shall submit
to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that describes the results of the
evaluation.
SEC. 1108. SPECIAL RULE FOR LONG GRAIN AND MEDIUM GRAIN RICE.
(a) Calculation Method.--Subject to subsections (b) and (c), for
the purposes of determining the amount of the counter-cyclical payments
to be paid to the producers on a farm for long grain rice and medium
grain rice under section 1104, the base acres of rice on the farm shall
be apportioned using the 4-year average of the percentages of acreage
planted in the applicable State to long grain rice and medium grain
rice during the 2003 through 2006 crop years, as determined by the
Secretary.
(b) Producer Election.--As an alternative to the calculation method
described in subsection (a), the Secretary shall provide producers on a
farm the opportunity to elect to apportion rice base acres on the farm
using the 4-year average of--
(1) the percentages of acreage planted on the farm to long
grain rice and medium grain rice during the 2003 through 2006 crop
years;
(2) the percentages of any acreage on the farm that the
producers were prevented from planting to long grain rice and
medium grain rice during the 2003 through 2006 crop years because
of drought, flood, other natural disaster, or other condition
beyond the control of the producers, as determined by the
Secretary; and
(3) in the case of a crop year for which a producer on a farm
elected not to plant to long grain and medium grain rice during the
2003 through 2006 crop years, the percentages of acreage planted in
the applicable State to long grain rice and medium grain rice, as
determined by the Secretary.
(c) Limitation.--In carrying out this section, the Secretary shall
use the same total base acres, payment acres, and payment yields
established with respect to rice under sections 1101 and 1102 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911, 7912),
as in effect on September 30, 2007, subject to any adjustment under
section 1101 of this Act.
SEC. 1109. PERIOD OF EFFECTIVENESS.
This subtitle shall be effective beginning with the 2008 crop year
of each covered commodity through the 2012 crop year.
Subtitle B--Marketing Assistance Loans and Loan Deficiency Payments
SEC. 1201. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR
LOAN COMMODITIES.
(a) Nonrecourse Loans Available.--
(1) Availability.--For each of the 2008 through 2012 crops of
each loan commodity, the Secretary shall make available to
producers on a farm nonrecourse marketing assistance loans for loan
commodities produced on the farm.
(2) Terms and conditions.--The marketing assistance loans shall
be made under terms and conditions that are prescribed by the
Secretary and at the loan rate established under section 1202 for
the loan commodity.
(b) Eligible Production.--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.
(c) Compliance With Conservation and Wetlands Requirements.--As a
condition of the receipt of a marketing assistance loan under
subsection (a), the producer shall 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 applicable wetland protection
requirements under subtitle C of title XII of that Act (16 U.S.C. 3821
et seq.) during the term of the loan.
SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE LOANS.
(a) 2008 Crop Year.--For purposes of the 2008 crop year, the loan
rate for a marketing assistance loan under section 1201 for a loan
commodity shall be equal to the following:
(1) In the case of wheat, $2.75 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per bushel.
(4) In the case of barley, $1.85 per bushel.
(5) In the case of oats, $1.33 per bushel.
(6) In the case of base quality of upland cotton, $0.52 per
pound.
(7) In the case of extra long staple cotton, $0.7977 per pound.
(8) In the case of long grain rice, $6.50 per hundredweight.
(9) In the case of medium grain rice, $6.50 per hundredweight.
(10) In the case of soybeans, $5.00 per bushel.
(11) In the case of other oilseeds, $9.30 per hundredweight for
each of the following kinds of oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard seed.
(G) Crambe.
(H) Sesame seed.
(I) Other oilseeds designated by the Secretary.
(12) In the case of dry peas, $6.22 per hundredweight.
(13) In the case of lentils, $11.72 per hundredweight.
(14) In the case of small chickpeas, $7.43 per hundredweight.
(15) In the case of graded wool, $1.00 per pound.
(16) In the case of nongraded wool, $0.40 per pound.
(17) In the case of mohair, $4.20 per pound.
(18) In the case of honey, $0.60 per pound.
(b) 2009 Crop Year.--Except as provided in section 1105, for
purposes of the 2009 crop year, the loan rate for a marketing
assistance loan under section 1201 for a loan commodity shall be equal
to the following:
(1) In the case of wheat, $2.75 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per bushel.
(4) In the case of barley, $1.85 per bushel.
(5) In the case of oats, $1.33 per bushel.
(6) In the case of base quality of upland cotton, $0.52 per
pound.
(7) In the case of extra long staple cotton, $0.7977 per pound.
(8) In the case of long grain rice, $6.50 per hundredweight.
(9) In the case of medium grain rice, $6.50 per hundredweight.
(10) In the case of soybeans, $5.00 per bushel.
(11) In the case of other oilseeds, $9.30 per hundredweight for
each of the following kinds of oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard seed.
(G) Crambe.
(H) Sesame seed.
(I) Other oilseeds designated by the Secretary.
(12) In the case of dry peas, $5.40 per hundredweight.
(13) In the case of lentils, $11.28 per hundredweight.
(14) In the case of small chickpeas, $7.43 per hundredweight.
(15) In the case of large chickpeas, $11.28 per hundredweight.
(16) In the case of graded wool, $1.00 per pound.
(17) In the case of nongraded wool, $0.40 per pound.
(18) In the case of mohair, $4.20 per pound.
(19) In the case of honey, $0.60 per pound.
(c) 2010 Through 2012 Crop Years.--Except as provided in section
1105, for purposes of each of the 2010 through 2012 crop years, the
loan rate for a marketing assistance loan under section 1201 for a loan
commodity shall be equal to the following:
(1) In the case of wheat, $2.94 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per bushel.
(4) In the case of barley, $1.95 per bushel.
(5) In the case of oats, $1.39 per bushel.
(6) In the case of base quality of upland cotton, $0.52 per
pound.
(7) In the case of extra long staple cotton, $0.7977 per pound.
(8) In the case of long grain rice, $6.50 per hundredweight.
(9) In the case of medium grain rice, $6.50 per hundredweight.
(10) In the case of soybeans, $5.00 per bushel.
(11) In the case of other oilseeds, $10.09 per hundredweight
for each of the following kinds of oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard seed.
(G) Crambe.
(H) Sesame seed.
(I) Other oilseeds designated by the Secretary.
(12) In the case of dry peas, $5.40 per hundredweight.
(13) In the case of lentils, $11.28 per hundredweight.
(14) In the case of small chickpeas, $7.43 per hundredweight.
(15) In the case of large chickpeas, $11.28 per hundredweight.
(16) In the case of graded wool, $1.15 per pound.
(17) In the case of nongraded wool, $0.40 per pound.
(18) In the case of mohair, $4.20 per pound.
(19) In the case of honey, $0.69 per pound.
(d) Single County Loan Rate for Other Oilseeds.--The Secretary
shall establish a single loan rate in each county for each kind of
other oilseeds described in subsections (a)(11), (b)(11), and (c)(11).
SEC. 1203. TERM OF LOANS.
(a) Term of Loan.--In the case of each loan commodity, a marketing
assistance loan under section 1201 shall have a term of 9 months
beginning on the first day of the first month after the month in which
the loan is made.
(b) Extensions Prohibited.--The Secretary may not extend the term
of a marketing assistance loan for any loan commodity.
SEC. 1204. REPAYMENT OF LOANS.
(a) General Rule.--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, long grain rice, medium grain
rice, extra long staple cotton, and confectionery and each other kind
of sunflower seed (other than oil sunflower seed)) at a rate that is
the lesser of--
(1) 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));
(2) a rate (as determined by the Secretary) that--
(A) is calculated based on average market prices for the
loan commodity during the preceding 30-day period; and
(B) will minimize discrepancies in marketing loan benefits
across State boundaries and across county boundaries; or
(3) a rate that the Secretary may develop using alternative
methods for calculating a repayment rate for a loan commodity that
the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the commodity by
the Federal Government;
(C) minimize the cost incurred by the Federal Government in
storing the commodity;
(D) allow the commodity produced in the United States to be
marketed freely and competitively, both domestically and
internationally; and
(E) minimize discrepancies in marketing loan benefits
across State boundaries and across county boundaries.
(b) Repayment Rates for Upland Cotton, Long Grain Rice, and Medium
Grain Rice.--The Secretary shall permit producers to repay a marketing
assistance loan under section 1201 for upland cotton, long grain rice,
and medium grain rice at a rate that is the lesser of--
(1) 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
(2) the prevailing world market price for the commodity, as
determined and adjusted by the Secretary in accordance with this
section.
(c) Repayment Rates for Extra Long Staple Cotton.--Repayment of a
marketing assistance loan for extra long staple cotton shall be at 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)).
(d) Prevailing World Market Price.--For purposes of this section
and section 1207, the Secretary shall prescribe by regulation--
(1) a formula to determine the prevailing world market price
for each of upland cotton, long grain rice, and medium grain rice;
and
(2) a mechanism by which the Secretary shall announce
periodically those prevailing world market prices.
(e) Adjustment of Prevailing World Market Price for Upland Cotton,
Long Grain Rice, and Medium Grain Rice.--
(1) Rice.--The prevailing world market price for long grain
rice and medium grain rice determined under subsection (d) shall be
adjusted to United States quality and location.
(2) Cotton.--The prevailing world market price for upland
cotton determined under subsection (d)--
(A) shall be adjusted to United States quality and
location, with the adjustment to include--
(i) a reduction equal to any United States Premium
Factor for upland cotton of a quality higher than Middling
(M) 1\3/32\-inch; and
(ii) the average costs to market the commodity,
including average transportation costs, as determined by
the Secretary; and
(B) may be further adjusted, during the period beginning on
the date of enactment of this Act and ending on July 31, 2013,
if the Secretary determines the adjustment is necessary to--
(i) minimize potential loan forfeitures;
(ii) minimize the accumulation of stocks of upland
cotton by the Federal Government;
(iii) ensure that upland cotton produced in the United
States can be marketed freely and competitively, both
domestically and internationally; and
(iv) ensure an appropriate transition between current-
crop and forward-crop price quotations, except that the
Secretary may use forward-crop price quotations prior to
July 31 of a marketing year only if--
(I) there are insufficient current-crop price
quotations; and
(II) the forward-crop price quotation is the lowest
such quotation available.
(3) Guidelines for additional adjustments.--In making
adjustments under this subsection, the Secretary shall establish a
mechanism for determining and announcing the adjustments in order
to avoid undue disruption in the United States market.
(f) Repayment Rates for Confectionery and Other Kinds of Sunflower
Seeds.--The Secretary shall permit the producers on a farm to repay a
marketing assistance loan under section 1201 for confectionery and each
other kind of sunflower seed (other than oil sunflower seed) at a rate
that is the lesser of--
(1) 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
(2) the repayment rate established for oil sunflower seed.
(g) Payment of Cotton Storage Costs.--
(1) 2008 through 2011 crop years.--Effective for each of the
2008 through 2011 crop years, the Secretary shall provide cotton
storage payments in the same manner, and at the same rates as the
Secretary provided storage payments for the 2006 crop of cotton,
except that the rates shall be reduced by 10 percent.
(2) Subsequent crop years.--Beginning with the 2012 crop year,
the Secretary shall provide cotton storage payments in the same
manner, and at the same rates as the Secretary provided storage
payments for the 2006 crop of cotton, except that the rates shall
be reduced by 20 percent.
(h) Authority to Temporarily Adjust Repayment Rates.--
(1) Adjustment authority.--In the event of a severe disruption
to marketing, transportation, or related infrastructure, the
Secretary may modify the repayment rate otherwise applicable under
this section for marketing assistance loans under section 1201 for
a loan commodity.
(2) Duration.--Any adjustment made under paragraph (1) in the
repayment rate for marketing assistance loans for a loan commodity
shall be in effect on a short-term and temporary basis, as
determined by the Secretary.
SEC. 1205. LOAN DEFICIENCY PAYMENTS.
(a) Availability of Loan Deficiency Payments.--
(1) In general.--Except as provided in subsection (d), the
Secretary may make loan deficiency payments available to producers
on a farm that, although eligible to obtain a marketing assistance
loan under section 1201 with respect to a loan commodity, agree to
forgo obtaining the loan for the commodity in return for loan
deficiency payments under this section.
(2) Unshorn pelts, hay, and silage.--
(A) Marketing assistance loans.--Subject to subparagraph
(B), nongraded wool in the form of unshorn pelts and hay and
silage derived from a loan commodity are not eligible for a
marketing assistance loan under section 1201.
(B) Loan deficiency payment.--Effective for the 2008
through 2012 crop years, the Secretary may make loan deficiency
payments available under this section to producers on a farm
that produce unshorn pelts or hay and silage derived from a
loan commodity.
(b) Computation.--A loan deficiency payment for a loan commodity or
commodity referred to in subsection (a)(2) shall be computed by
multiplying--
(1) the payment rate determined under subsection (c) for the
commodity; by
(2) the quantity of the commodity produced by the eligible
producers, excluding any quantity for which the producers obtain a
marketing assistance loan under section 1201.
(c) Payment Rate.--
(1) In general.--In the case of a loan commodity, the payment
rate shall be the amount by which--
(A) the loan rate established under section 1202 for the
loan commodity; exceeds
(B) the rate at which a marketing assistance loan for the
loan commodity may be repaid under section 1204.
(2) Unshorn pelts.--In the case of unshorn pelts, the payment
rate shall be the amount by which--
(A) the loan rate established under section 1202 for
ungraded wool; exceeds
(B) the rate at which a marketing assistance loan for
ungraded wool may be repaid under section 1204.
(3) Hay and silage.--In the case of hay or silage derived from
a loan commodity, the payment rate shall be the amount by which--
(A) the loan rate established under section 1202 for the
loan commodity from which the hay or silage is derived; exceeds
(B) the rate at which a marketing assistance loan for the
loan commodity may be repaid under section 1204.
(d) Exception for Extra Long Staple Cotton.--This section shall not
apply with respect to extra long staple cotton.
(e) Effective Date for Payment Rate Determination.--The Secretary
shall determine the amount of the loan deficiency payment to be made
under this section to the producers on a farm with respect to a
quantity of a loan commodity or commodity referred to in subsection
(a)(2) using the payment rate in effect under subsection (c) as of the
date the producers request the payment.
SEC. 1206. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
(a) Eligible Producers.--
(1) In general.--Effective for the 2008 through 2012 crop
years, in the case of a producer that would be eligible for a loan
deficiency payment under section 1205 for wheat, barley, or oats,
but that elects to use acreage planted to the wheat, barley, or
oats for the grazing of livestock, the Secretary shall make a
payment to the producer under this section if the producer enters
into an agreement with the Secretary to forgo any other harvesting
of the wheat, barley, or oats on that acreage.
(2) Grazing of triticale acreage.--Effective for the 2008
through 2012 crop years, with respect to a producer on a farm that
uses acreage planted to triticale for the grazing of livestock, the
Secretary shall make a payment to the producer under this section
if the producer enters into an agreement with the Secretary to
forgo any other harvesting of triticale on that acreage.
(b) Payment Amount.--
(1) In general.--The amount of a payment made under this
section to a producer on a farm described in subsection (a)(1)
shall be equal to the amount determined by multiplying--
(A) the loan deficiency payment rate determined under
section 1205(c) in effect, as of the date of the agreement, for
the county in which the farm is located; by
(B) the payment quantity determined by multiplying--
(i) the quantity of the grazed acreage on the farm with
respect to which the producer elects to forgo harvesting of
wheat, barley, or oats; and
(ii) the payment yield in effect for the calculation of
direct payments under subtitle A with respect to that loan
commodity on the farm or, in the case of a farm without a
payment yield for that loan commodity, an appropriate yield
established by the Secretary in a manner consistent with
section 1102 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7912).
(2) Grazing of triticale acreage.--The amount of a payment made
under this section to a producer on a farm described in subsection
(a)(2) shall be equal to the amount determined by multiplying--
(A) the loan deficiency payment rate determined under
section 1205(c) in effect for wheat, as of the date of the
agreement, for the county in which the farm is located; by
(B) the payment quantity determined by multiplying--
(i) the quantity of the grazed acreage on the farm with
respect to which the producer elects to forgo harvesting of
triticale; and
(ii) the payment yield in effect for the calculation of
direct payments under subtitle A with respect to wheat on
the farm or, in the case of a farm without a payment yield
for wheat, an appropriate yield established by the
Secretary in a manner consistent with section 1102 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
7912).
(c) Time, Manner, and Availability of Payment.--
(1) Time and manner.--A payment under this section shall be
made at the same time and in the same manner as loan deficiency
payments are made under section 1205.
(2) Availability.--
(A) In general.--The Secretary shall establish an
availability period for the payments authorized by this
section.
(B) Certain commodities.--In the case of wheat, barley, and
oats, the availability period shall be consistent with the
availability period for the commodity established by the
Secretary for marketing assistance loans authorized by this
subtitle.
(d) Prohibition on Crop Insurance Indemnity or Noninsured Crop
Assistance.--A 2008 through 2012 crop of wheat, barley, oats, or
triticale planted on acreage that a producer elects, in the agreement
required by subsection (a), to use for the grazing of livestock in lieu
of any other harvesting of the crop shall not be eligible for an
indemnity under a policy or plan of insurance authorized under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop
assistance under section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333).
SEC. 1207. SPECIAL MARKETING LOAN PROVISIONS FOR UPLAND COTTON.
(a) Special Import Quota.--
(1) Definition of special import quota.--In this subsection,
the term ``special import quota'' means a quantity of imports that
is not subject to the over-quota tariff rate of a tariff-rate
quota.
(2) Establishment.--
(A) In general.--The President shall carry out an import
quota program during the period beginning on the date of
enactment of this Act through July 31, 2013, as provided in
this subsection.
(B) Program requirements.--Whenever the Secretary
determines and announces that for any consecutive 4-week
period, 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 to a definable and
significant international market, as determined by the
Secretary, exceeds the prevailing world market price, there
shall immediately be in effect a special import quota.
(3) Quantity.--The quota shall be equal to 1 week's consumption
of cotton by domestic mills at the seasonally adjusted average rate
of the most recent 3 months for which data are available.
(4) Application.--The quota shall apply to upland cotton
purchased not later than 90 days after the date of the Secretary's
announcement under paragraph (2) and entered into the United States
not later than 180 days after that date.
(5) Overlap.--A special quota period may be established that
overlaps any existing quota period if required by paragraph (2),
except that a special quota period may not be established under
this subsection if a quota period has been established under
subsection (b).
(6) Preferential tariff treatment.--The quantity under a
special import quota shall be considered to be an in-quota quantity
for purposes of--
(A) section 213(d) of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703(d));
(B) section 204 of the Andean Trade Preference Act (19
U.S.C. 3203);
(C) section 503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d)); and
(D) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(7) Limitation.--The quantity of cotton entered into the United
States during any marketing year under the special import quota
established under this subsection may not exceed the equivalent of
10 week's consumption of upland cotton by domestic mills at the
seasonally adjusted average rate of the 3 months immediately
preceding the first special import quota established in any
marketing year.
(b) Limited Global Import Quota for Upland Cotton.--
(1) Definitions.--In this subsection:
(A) Supply.--The term ``supply'' means, using the latest
official data of the Bureau of the Census, the Department of
Agriculture, and the Department of the Treasury--
(i) the carry-over of upland cotton at the beginning of
the marketing year (adjusted to 480-pound bales) in which
the quota is established;
(ii) production of the current crop; and
(iii) imports to the latest date available during the
marketing year.
(B) Demand.--The term ``demand'' means--
(i) the average seasonally adjusted annual rate of
domestic mill consumption of cotton during the most recent
3 months for which data are available; and
(ii) the larger of--
(I) average exports of upland cotton during the
preceding 6 marketing years; or
(II) cumulative exports of upland cotton plus
outstanding export sales for the marketing year in
which the quota is established.
(C) Limited global import quota.--The term ``limited global
import quota'' means a quantity of imports that is not subject
to the over-quota tariff rate of a tariff-rate quota.
(2) Program.--The President shall carry out an import quota
program that provides that whenever the Secretary determines and
announces that the average price of the base quality of upland
cotton, as determined by the Secretary, in the designated spot
markets for a month exceeded 130 percent of the average price of
the quality of cotton in the markets for the preceding 36 months,
notwithstanding any other provision of law, there shall immediately
be in effect a limited global import quota subject to the following
conditions:
(A) Quantity.--The quantity of the quota shall be equal to
21 days of domestic mill consumption of upland cotton at the
seasonally adjusted average rate of the most recent 3 months
for which data are available or as estimated by the Secretary.
(B) Quantity if prior quota.--If a quota has been
established under this subsection during the preceding 12
months, the quantity of the quota next established under this
subsection shall be the smaller of 21 days of domestic mill
consumption calculated under subparagraph (A) or the quantity
required to increase the supply to 130 percent of the demand.
(C) Preferential tariff treatment.--The quantity under a
limited global import quota shall be considered to be an in-
quota quantity for purposes of--
(i) section 213(d) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade Preference Act (19
U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974 (19
U.S.C. 2463(d)); and
(iv) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(D) Quota entry period.--When a quota is established under
this subsection, cotton may be entered under the quota during
the 90-day period beginning on the date the quota is
established by the Secretary.
(3) No overlap.--Notwithstanding paragraph (2), a quota period
may not be established that overlaps an existing quota period or a
special quota period established under subsection (a).
(c) Economic Adjustment Assistance to Users of Upland Cotton.--
(1) In general.--Subject to paragraph (2), the Secretary shall,
on a monthly basis, provide economic adjustment assistance to
domestic users of upland cotton in the form of payments for all
documented use of that upland cotton during the previous monthly
period regardless of the origin of the upland cotton.
(2) Value of assistance.--
(A) Beginning period.--During the period beginning on
August 1, 2008, and ending on July 31, 2012, the value of the
assistance provided under paragraph (1) shall be 4 cents per
pound.
(B) Subsequent period.--Effective beginning on August 1,
2012, the value of the assistance provided under paragraph (1)
shall be 3 cents per pound.
(3) Allowable purposes.--Economic adjustment assistance under
this subsection shall be made available only to domestic users of
upland cotton that certify that the assistance shall be used only
to acquire, construct, install, modernize, develop, convert, or
expand land, plant, buildings, equipment, facilities, or machinery.
(4) Review or audit.--The Secretary may conduct such review or
audit of the records of a domestic user under this subsection as
the Secretary determines necessary to carry out this subsection.
(5) Improper use of assistance.--If the Secretary determines,
after a review or audit of the records of the domestic user, that
economic adjustment assistance under this subsection was not used
for the purposes specified in paragraph (3), the domestic user
shall be--
(A) liable to repay the assistance to the Secretary, plus
interest, as determined by the Secretary; and
(B) ineligible to receive assistance under this subsection
for a period of 1 year following the determination of the
Secretary.
SEC. 1208. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STAPLE COTTON.
(a) Competitiveness Program.--Notwithstanding any other provision
of law, during the period beginning on the date of enactment of this
Act through July 31, 2013, the Secretary shall carry out a program--
(1) to maintain and expand the domestic use of extra long
staple cotton produced in the United States;
(2) to increase exports of extra long staple cotton produced in
the United States; and
(3) to ensure that extra long staple cotton produced in the
United States remains competitive in world markets.
(b) Payments Under Program; Trigger.--Under the program, the
Secretary shall make payments available under this section whenever--
(1) for a consecutive 4-week period, the world market price for
the lowest priced competing growth of extra long staple cotton
(adjusted to United States quality and location and for other
factors affecting the competitiveness of such cotton), as
determined by the Secretary, is below the prevailing United States
price for a competing growth of extra long staple cotton; and
(2) the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as
determined by the Secretary, is less than 134 percent of the loan
rate for extra long staple cotton.
(c) Eligible Recipients.--The Secretary shall make payments
available under this section to domestic users of extra long staple
cotton produced in the United States and exporters of extra long staple
cotton produced in the United States that enter into an agreement with
the Commodity Credit Corporation to participate in the program under
this section.
(d) Payment Amount.--Payments under this section shall be based on
the amount of the difference in the prices referred to in subsection
(b)(1) during the fourth week of the consecutive 4-week period
multiplied by the amount of documented purchases by domestic users and
sales for export by exporters made in the week following such a
consecutive 4-week period.
SEC. 1209. AVAILABILITY OF RECOURSE LOANS FOR HIGH MOISTURE FEED GRAINS
AND SEED COTTON.
(a) High Moisture Feed Grains.--
(1) Definition of high moisture state.--In this subsection, the
term ``high moisture state'' means corn or grain sorghum having a
moisture content in excess of Commodity Credit Corporation
standards for marketing assistance loans made by the Secretary
under section 1201.
(2) Recourse loans available.--For each of the 2008 through
2012 crops of corn and grain sorghum, the Secretary shall make
available recourse loans, as determined by the Secretary, to
producers on a farm that--
(A) normally harvest all or a portion of their crop of corn
or grain sorghum in a high moisture state;
(B) present--
(i) certified scale tickets from an inspected,
certified commercial scale, including a licensed warehouse,
feedlot, feed mill, distillery, or other similar entity
approved by the Secretary, pursuant to regulations issued
by the Secretary; or
(ii) field or other physical measurements of the
standing or stored crop in regions of the United States, as
determined by the Secretary, that do not have certified
commercial scales from which certified scale tickets may be
obtained within reasonable proximity of harvest operation;
(C) certify that they were the owners of the feed grain at
the time of delivery to, and that the quantity to be placed
under loan under this subsection was in fact harvested on the
farm and delivered to, a feedlot, feed mill, or commercial or
on-farm high-moisture storage facility, or to a facility
maintained by the users of corn and grain sorghum in a high
moisture state; and
(D) comply with deadlines established by the Secretary for
harvesting the corn or grain sorghum and submit applications
for loans under this subsection within deadlines established by
the Secretary.
(3) Eligibility of acquired feed grains.--A loan under this
subsection shall be made on a quantity of corn or grain sorghum of
the same crop acquired by the producer equivalent to a quantity
determined by multiplying--
(A) the acreage of the corn or grain sorghum in a high
moisture state harvested on the producer's farm; by
(B) the lower of the farm program payment yield used to
make counter-cyclical payments under subtitle A or the actual
yield on a field, as determined by the Secretary, that is
similar to the field from which the corn or grain sorghum was
obtained.
(b) Recourse Loans Available for Seed Cotton.--For each of the 2008
through 2012 crops of upland cotton and extra long staple cotton, the
Secretary shall make available recourse seed cotton loans, as
determined by the Secretary, on any production.
(c) Repayment Rates.--Repayment of a recourse loan made under this
section shall be at the loan rate established for the commodity by the
Secretary, plus interest (determined in accordance with section 163 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7283)).
SEC. 1210. ADJUSTMENTS OF LOANS.
(a) Adjustment Authority.--Subject to subsection (e), the Secretary
may make appropriate adjustments in the loan rates for any loan
commodity (other than cotton) for differences in grade, type, quality,
location, and other factors.
(b) Manner of Adjustment.--The adjustments under subsection (a)
shall, to the maximum extent practicable, be made in such a manner that
the average loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level of support
determined in accordance with this subtitle and subtitles B through E.
(c) Adjustment on County Basis.--
(1) In general.--The Secretary may establish loan rates for a
crop for producers in individual counties in a manner that results
in the lowest loan rate being 95 percent of the national average
loan rate, if those loan rates do not result in an increase in
outlays.
(2) Prohibition.--Adjustments under this subsection shall not
result in an increase in the national average loan rate for any
year.
(d) Adjustment in Loan Rate for Cotton.--
(1) In general.--The Secretary may make appropriate adjustments
in the loan rate for cotton for differences in quality factors.
(2) Revisions to quality adjustments for upland cotton.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall implement revisions
in the administration of the marketing assistance loan program
for upland cotton to more accurately and efficiently reflect
market values for upland cotton.
(B) Mandatory revisions.--Revisions under subparagraph (A)
shall include--
(i) the elimination of warehouse location
differentials;
(ii) the establishment of differentials for the various
quality factors and staple lengths of cotton based on a 3-
year, weighted moving average of the weighted designated
spot market regions, as determined by regional production;
(iii) the elimination of any artificial split in the
premium or discount between upland cotton with a 32 or 33
staple length due to micronaire; and
(iv) a mechanism to ensure that no premium or discount
is established that exceeds the premium or discount
associated with a leaf grade that is 1 better than the
applicable color grade.
(C) Discretionary revisions.--Revisions under subparagraph
(A) may include--
(i) the use of non-spot market price data, in addition
to spot market price data, that would enhance the accuracy
of the price information used in determining quality
adjustments under this subsection;
(ii) adjustments in the premiums or discounts
associated with upland cotton with a staple length of 33 or
above due to micronaire with the goal of eliminating any
unnecessary artificial splits in the calculations of the
premiums or discounts; and
(iii) such other adjustments as the Secretary
determines appropriate, after consultations conducted in
accordance with paragraph (3).
(3) Consultation with private sector.--
(A) Prior to revision.--In making adjustments to the loan
rate for cotton (including any review of the adjustments) as
provided in this subsection, the Secretary shall consult with
representatives of the United States cotton industry.
(B) Inapplicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to consultations under this subsection.
(4) Review of adjustments.--The Secretary may review the
operation of the upland cotton quality adjustments implemented
pursuant to this subsection and may make further revisions to the
administration of the loan program for upland cotton, by--
(A) revoking or revising any actions taken under paragraph
(2)(B); or
(B) revoking or revising any actions taken or authorized to
be taken under paragraph (2)(C).
(e) Rice.--The Secretary shall not make adjustments in the loan
rates for long grain rice and medium grain rice, except for differences
in grade and quality (including milling yields).
Subtitle C--Peanuts
SEC. 1301. DEFINITIONS.
In this subtitle:
(1) Base acres for peanuts.--
(A) In general.--The term ``base acres for peanuts'' means
the number of acres assigned to a farm pursuant to section 1302
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
7952), as in effect on September 30, 2007, subject to any
adjustment under section 1302 of this Act.
(B) Covered commodities.--The term ``base acres'', with
respect to a covered commodity, has the meaning given the term
in section 1101.
(2) Counter-cyclical payment.--The term ``counter-cyclical
payment'' means a payment made to producers on a farm under section
1304.
(3) Direct payment.--The term ``direct payment'' means a direct
payment made to producers on a farm under section 1303.
(4) Effective price.--The term ``effective price'' means the
price calculated by the Secretary under section 1304 for peanuts to
determine whether counter-cyclical payments are required to be made
under that section for a crop year.
(5) Payment acres.--The term ``payment acres'' means, in the
case of direct payments and counter-cyclical payments--
(A) except as provided in subparagraph (B), 85 percent of
the base acres of peanuts on a farm on which direct payments or
counter-cyclical payments are made; and
(B) in the case of direct payments for each of the 2009
through 2011 crop years, 83.3 percent of the base acres for
peanuts on a farm on which direct payments are made.
(6) Payment yield.--The term ``payment yield'' means the yield
established for direct payments and the yield established for
counter-cyclical payments under section 1302 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7952), as in effect on
September 30, 2007, for a farm for peanuts.
(7) Producer.--
(A) In general.--The term ``producer'' means an owner,
operator, landlord, tenant, or sharecropper that shares in the
risk of producing a crop on a farm and is entitled to share in
the crop available for marketing from the farm, or would have
shared had the crop been produced.
(B) Hybrid seed.--In determining whether a grower of hybrid
seed is a producer, the Secretary shall--
(i) not take into consideration the existence of a
hybrid seed contract; and
(ii) ensure that program requirements do not adversely
affect the ability of the grower to receive a payment under
this subtitle.
(8) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(9) Target price.--The term ``target price'' means the price
per ton of peanuts used to determine the payment rate for counter-
cyclical payments.
(10) United states.--The term ``United States'', when used in a
geographical sense, means all of the States.
SEC. 1302. BASE ACRES FOR PEANUTS FOR A FARM.
(a) Adjustment of Base Acreage for Peanuts.--
(1) In general.--The Secretary shall provide for an adjustment,
as appropriate, in the base acres for peanuts for a farm whenever
any of the following circumstances occur:
(A) A conservation reserve contract entered into under
section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831)
with respect to the farm expires or is voluntarily terminated,
or was terminated or expired during the period beginning on
October 1, 2007, and ending on the date of enactment of this
Act.
(B) Cropland is released from coverage under a conservation
reserve contract by the Secretary, or was released during the
period beginning on October 1, 2007, and ending on the date of
enactment of this Act.
(C) The producer has eligible pulse crop acreage, which
shall be determined in the same manner as eligible oilseed
acreage under section 1101(a)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7911(a)(2)).
(D) The producer has eligible oilseed acreage as the result
of the Secretary designating additional oilseeds, which shall
be determined in the same manner as eligible oilseed acreage
under section 1101(a)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7911(a)(2)).
(2) Special conservation reserve acreage payment rules.--For
the crop year in which a base acres for peanuts adjustment under
subparagraph (A) or (B) of paragraph (1) is first made, the owner
of the farm shall elect to receive either direct payments and
counter-cyclical payments with respect to the acreage added to the
farm under this subsection or a prorated payment under the
conservation reserve contract, but not both.
(b) Prevention of Excess Base Acres for Peanuts.--
(1) Required reduction.--If the sum of the base acres for
peanuts for a farm, together with the acreage described in
paragraph (2), exceeds the actual cropland acreage of the farm, the
Secretary shall reduce the base acres for peanuts for the farm or
the base acres for 1 or more covered commodities for the farm so
that the sum of the base acres for peanuts and acreage described in
paragraph (2) does not exceed the actual cropland acreage of the
farm.
(2) Other acreage.--For purposes of paragraph (1), the
Secretary shall include the following:
(A) Any base acres for the farm for a covered commodity.
(B) Any acreage on the farm enrolled in the conservation
reserve program or wetlands reserve program under chapter 1 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3830 et seq.).
(C) Any other acreage on the farm enrolled in a Federal
conservation program for which payments are made in exchange
for not producing an agricultural commodity on the acreage.
(D) Any eligible pulse crop acreage, which shall be
determined in the same manner as eligible oilseed acreage under
section 1101(a)(2) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7911(a)(2)).
(E) If the Secretary designates additional oilseeds, any
eligible oilseed acreage, which shall be determined in the same
manner as eligible oilseed acreage under section 1101(a)(2) of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
7911(a)(2)).
(3) Selection of acres.--The Secretary shall give the owner of
the farm the opportunity to select the base acres for peanuts or
the base acres for covered commodities against which the reduction
required by paragraph (1) will be made.
(4) Exception for double-cropped acreage.--In applying
paragraph (1), the Secretary shall make an exception in the case of
double cropping, as determined by the Secretary.
(5) Coordinated application of requirements.--The Secretary
shall take into account section 1101(b) when applying the
requirements of this subsection.
(c) Reduction in Base Acres.--
(1) Reduction at option of owner.--
(A) In general.--The owner of a farm may reduce, at any
time, the base acres for peanuts for the farm.
(B) Effect of reduction.--A reduction under subparagraph
(A) shall be permanent and made in a manner prescribed by the
Secretary.
(2) Required action by secretary.--
(A) In general.--The Secretary shall proportionately reduce
base acres on a farm for peanuts for land that has been
subdivided and developed for multiple residential units or
other nonfarming uses if the size of the tracts and the density
of the subdivision is such that the land is unlikely to return
to the previous agricultural use, unless the producers on the
farm demonstrate that the land--
(i) remains devoted to commercial agricultural
production; or
(ii) is likely to be returned to the previous
agricultural use.
(B) Requirement.--The Secretary shall establish procedures
to identify land described in subparagraph (A).
(3) Review and report.--Each year, to ensure, to the maximum
extent practicable, that payments are received only by producers,
the Secretary shall submit to Congress a report that describes the
results of the actions taken under paragraph (2).
(d) Treatment of Farms With Limited Base Acres.--
(1) Prohibition on payments.--Except as provided in paragraph
(2) and notwithstanding any other provision of this title, a
producer on a farm may not receive direct payments, counter-
cyclical payments, or average crop revenue election payments if the
sum of the base acres of the farm is 10 acres or less, as
determined by the Secretary.
(2) Exceptions.--Paragraph (1) shall not apply to a farm owned
by--
(A) a socially disadvantaged farmer or rancher (as defined
in section 355(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2003(e)); or
(B) a limited resource farmer or rancher, as defined by the
Secretary.
(3) Data collection and publication.--The Secretary shall--
(A) collect and publish segregated data and survey
information about the farm profiles, utilization of land, and
crop production; and
(B) perform an evaluation on the supply and price of fruits
and vegetables based on the effects of suspension of base acres
under this section.
SEC. 1303. AVAILABILITY OF DIRECT PAYMENTS FOR PEANUTS.
(a) Payment Required.--For each of the 2008 through 2012 crop years
for peanuts, the Secretary shall make direct payments to the producers
on a farm for which a payment yield and base acres for peanuts are
established.
(b) Payment Rate.--Except as provided in section 1105, the payment
rate used to make direct payments with respect to peanuts for a crop
year shall be equal to $36 per ton.
(c) Payment Amount.--The amount of the direct payment to be paid to
the producers on a farm for peanuts for a crop year shall be equal to
the product of the following:
(1) The payment rate specified in subsection (b).
(2) The payment acres on the farm.
(3) The payment yield for the farm.
(d) Time for Payment.--
(1) In general.--Except as provided in paragraph (2), in the
case of each of the 2008 through 2012 crop years, the Secretary may
not make direct payments under this section before October 1 of the
calendar year in which the crop is harvested.
(2) Advance payments.--
(A) Option.--
(i) In general.--At the option of the producers on a
farm, the Secretary shall pay in advance up to 22 percent
of the direct payment for peanuts for any of the 2008
through 2011 crop years to the producers on a farm.
(ii) 2008 crop year.--If the producers on a farm elect
to receive advance direct payments under clause (i) for
peanuts for the 2008 crop year, as soon as practicable
after the election, the Secretary shall make the advance
direct payment to the producers on the farm.
(B) Month.--
(i) Selection.--Subject to clauses (ii) and (iii), the
producers on a farm shall select the month during which the
advance payment for a crop year will be made.
(ii) Options.--The month selected may be any month
during the period--
(I) beginning on December 1 of the calendar year
before the calendar year in which the crop of peanuts
is harvested; and
(II) ending during the month within which the
direct payment would otherwise be made.
(iii) Change.--The producers on a farm may change the
selected month for a subsequent advance payment by
providing advance notice to the Secretary.
(3) Repayment of advance payments.--If a producer on a farm
that receives an advance direct payment for a crop year ceases to
be a producer on that farm, or the extent to which the producer
shares in the risk of producing a crop changes, before the date the
remainder of the direct payment is made, the producer shall be
responsible for repaying the Secretary the applicable amount of the
advance payment, as determined by the Secretary.
SEC. 1304. AVAILABILITY OF COUNTER-CYCLICAL PAYMENTS FOR PEANUTS.
(a) Payment Required.--Except as provided in section 1105, for each
of the 2008 through 2012 crop years for peanuts, the Secretary shall
make counter-cyclical payments to producers on farms for which payment
yields and base acres for peanuts are established if the Secretary
determines that the effective price for peanuts is less than the target
price for peanuts.
(b) Effective Price.--For purposes of subsection (a), the effective
price for peanuts is equal to the sum of the following:
(1) The higher of the following:
(A) The national average market price for peanuts received
by producers during the 12-month marketing year for peanuts, as
determined by the Secretary.
(B) The national average loan rate for a marketing
assistance loan for peanuts in effect for the applicable period
under this subtitle.
(2) The payment rate in effect for peanuts under section 1303
for the purpose of making direct payments.
(c) Target Price.--For purposes of subsection (a), the target price
for peanuts shall be equal to $495 per ton.
(d) Payment Rate.--The payment rate used to make counter-cyclical
payments for a crop year shall be equal to the difference between--
(1) the target price for peanuts; and
(2) the effective price determined under subsection (b) for
peanuts.
(e) Payment Amount.--If counter-cyclical payments are required to
be paid for any of the 2008 through 2012 crops of peanuts, the amount
of the counter-cyclical payment to be paid to the producers on a farm
for that crop year shall be equal to the product of the following:
(1) The payment rate specified in subsection (d).
(2) The payment acres on the farm.
(3) The payment yield for the farm.
(f) Time for Payments.--
(1) General rule.--Except as provided in paragraph (2), if the
Secretary determines under subsection (a) that counter-cyclical
payments are required to be made under this section for a crop of
peanuts, beginning October 1, or as soon as practicable after the
end of the marketing year, the Secretary shall make the counter-
cyclical payments for the crop.
(2) Availability of partial payments.--
(A) In general.--If, before the end of the 12-month
marketing year, the Secretary estimates that counter-cyclical
payments will be required under this section for a crop year,
the Secretary shall give producers on a farm the option to
receive partial payments of the counter-cyclical payment
projected to be made for the crop.
(B) Election.--
(i) In general.--The Secretary shall allow producers on
a farm to make an election to receive partial payments
under subparagraph (A) at any time but not later than 60
days prior to the end of the marketing year for the crop.
(ii) Date of issuance.--The Secretary shall issue the
partial payment after the date of an announcement by the
Secretary but not later than 30 days prior to the end of
the marketing year.
(3) Time for partial payments.--When the Secretary makes
partial payments for any of the 2008 through 2010 crop years--
(A) the first partial payment shall be made after
completion of the first 180 days of the marketing year for that
crop; and
(B) the final partial payment shall be made beginning
October 1, or as soon as practicable thereafter, after the end
of the applicable marketing year for that crop.
(4) Amount of partial payments.--
(A) First partial payment.--For each of the 2008 through
2010 crop years, the first partial payment under paragraph (3)
to the producers on a farm may not exceed 40 percent of the
projected counter-cyclical payment for the crop year, as
determined by the Secretary.
(B) Final payment.--The final payment for a crop year shall
be equal to the difference between--
(i) the actual counter-cyclical payment to be made to
the producers for that crop year; and
(ii) the amount of the partial payment made to the
producers under subparagraph (A).
(5) Repayment.--The 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
that crop year.
SEC. 1305. PRODUCER AGREEMENT REQUIRED AS CONDITION ON PROVISION OF
PAYMENTS.
(a) Compliance With Certain Requirements.--
(1) Requirements.--Before the producers on a farm may receive
direct payments or counter-cyclical payments under this subtitle,
or average crop revenue election payments under section 1105, with
respect to the farm, the producers shall agree, during the crop
year for which the payments are made and in exchange for the
payments--
(A) to comply with applicable conservation requirements
under subtitle B of title XII of the Food Security Act of 1985
(16 U.S.C. 3811 et seq.);
(B) to comply with applicable wetland protection
requirements under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.);
(C) to comply with the planting flexibility requirements of
section 1306;
(D) to use the land on the farm, in a quantity equal to the
attributable base acres for peanuts and any base acres for the
farm under subtitle A, for an agricultural or conserving use,
and not for a nonagricultural commercial, industrial, or
residential use, as determined by the Secretary; and
(E) to effectively control noxious weeds and otherwise
maintain the land in accordance with sound agricultural
practices, as determined by the Secretary, if the agricultural
or conserving use involves the noncultivation of any portion of
the land referred to in subparagraph (D).
(2) Compliance.--The Secretary may issue such rules as the
Secretary considers necessary to ensure producer compliance with
the requirements of paragraph (1).
(3) Modification.--At the request of the transferee or owner,
the Secretary may modify the requirements of this subsection if the
modifications are consistent with the objectives of this
subsection, as determined by the Secretary.
(b) Transfer or Change of Interest in Farm.--
(1) Termination.--
(A) In general.--Except as provided in paragraph (2), a
transfer of (or change in) the interest of the producers on a
farm in the base acres for peanuts for which direct payments or
counter-cyclical payments are made, or on which average crop
revenue election payments are based, shall result in the
termination of the direct payments, counter-cyclical payments,
or average crop revenue election payments to the extent the
payments are made or based on the base acres, unless the
transferee or owner of the acreage agrees to assume all
obligations under subsection (a).
(B) Effective date.--The termination shall take effect on
the date determined by the Secretary.
(2) Exception.--If a producer entitled to a direct payment,
counter-cyclical payment, or average crop revenue election payment
dies, becomes incompetent, or is otherwise unable to receive the
payment, the Secretary shall make the payment, in accordance with
rules issued by the Secretary.
(c) Acreage Reports.--
(1) In general.--As a condition on the receipt of any benefits
under this subtitle, the Secretary shall require producers on a
farm to submit to the Secretary annual acreage reports with respect
to all cropland on the farm.
(2) Penalties.--No penalty with respect to benefits under this
subtitle shall be assessed against the producers on a farm for an
inaccurate acreage report unless the producers on the farm
knowingly and willfully falsified the acreage report.
(d) Tenants and Sharecroppers.--In carrying out this subtitle, the
Secretary shall provide adequate safeguards to protect the interests of
tenants and sharecroppers.
(e) Sharing of Payments.--The Secretary shall provide for the
sharing of direct payments, counter-cyclical payments, or average crop
revenue election payments under section 1105 among the producers on a
farm on a fair and equitable basis.
SEC. 1306. PLANTING FLEXIBILITY.
(a) Permitted Crops.--Subject to subsection (b), any commodity or
crop may be planted on the base acres for peanuts on a farm.
(b) Limitations Regarding Certain Commodities.--
(1) General limitation.--The planting of an agricultural
commodity specified in paragraph (3) shall be prohibited on base
acres for peanuts unless the commodity, if planted, is destroyed
before harvest.
(2) Treatment of trees and other perennials.--The planting of
an agricultural commodity specified in paragraph (3) that is
produced on a tree or other perennial plant shall be prohibited on
base acres for peanuts.
(3) Covered agricultural commodities.--Paragraphs (1) and (2)
apply to the following agricultural commodities:
(A) Fruits.
(B) Vegetables (other than mung beans and pulse crops).
(C) Wild rice.
(c) Exceptions.--Paragraphs (1) and (2) of subsection (b) shall not
limit the planting of an agricultural commodity specified in paragraph
(3) of that subsection--
(1) in any region in which there is a history of double-
cropping of peanuts with agricultural commodities specified in
subsection (b)(3), as determined by the Secretary, in which case
the double-cropping shall be permitted;
(2) on a farm that the Secretary determines has a history of
planting agricultural commodities specified in subsection (b)(3) on
the base acres for peanuts, except that direct payments and
counter-cyclical payments shall be reduced by an acre for each acre
planted to such an agricultural commodity; or
(3) by the producers on a farm that the Secretary determines
has an established planting history of a specific agricultural
commodity specified in subsection (b)(3), except that--
(A) the quantity planted may not exceed the average annual
planting history of such agricultural commodity by the
producers on the farm in the 1991 through 1995 or 1998 through
2001 crop years (excluding any crop year in which no plantings
were made), as determined by the Secretary; and
(B) direct payments and counter-cyclical payments shall be
reduced by an acre for each acre planted to such agricultural
commodity.
SEC. 1307. MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS FOR
PEANUTS.
(a) Nonrecourse Loans Available.--
(1) Availability.--For each of the 2008 through 2012 crops of
peanuts, the Secretary shall make available to producers on a farm
nonrecourse marketing assistance loans for peanuts produced on the
farm.
(2) Terms and conditions.--The loans shall be made under terms
and conditions that are prescribed by the Secretary and at the loan
rate established under subsection (b).
(3) Eligible production.--The producers on a farm shall be
eligible for a marketing assistance loan under this subsection for
any quantity of peanuts produced on the farm.
(4) Options for obtaining loan.--A marketing assistance loan
under this subsection, and loan deficiency payments under
subsection (e), may be obtained at the option of the producers on a
farm through--
(A) a designated marketing association or marketing
cooperative of producers that is approved by the Secretary; or
(B) the Farm Service Agency.
(5) Storage of loan peanuts.--As a condition on the Secretary's
approval of an individual or entity to provide storage for peanuts
for which a marketing assistance loan is made under this section,
the individual or entity shall agree--
(A) to provide such storage on a nondiscriminatory basis;
and
(B) to comply with such additional requirements as the
Secretary considers appropriate to accomplish the purposes of
this section and promote fairness in the administration of the
benefits of this section.
(6) Storage, handling, and associated costs.--
(A) In general.--Beginning with the 2008 crop of peanuts,
to ensure proper storage of peanuts for which a loan is made
under this section, the Secretary shall pay handling and other
associated costs (other than storage costs) incurred at the
time at which the peanuts are placed under loan, as determined
by the Secretary.
(B) Redemption and forfeiture.--The Secretary shall--
(i) require the repayment of handling and other
associated costs paid under subparagraph (A) for all
peanuts pledged as collateral for a loan that is redeemed
under this section; and
(ii) pay storage, handling, and other associated costs
for all peanuts pledged as collateral that are forfeited
under this section.
(7) Marketing.--A marketing association or cooperative may
market peanuts for which a loan is made under this section in any
manner that conforms to consumer needs, including the separation of
peanuts by type and quality.
(b) Loan Rate.--Except as provided in section 1105, the loan rate
for a marketing assistance loan for peanuts under subsection (a) shall
be equal to $355 per ton.
(c) Term of Loan.--
(1) In general.--A marketing assistance loan for peanuts under
subsection (a) shall have a term of 9 months beginning on the first
day of the first month after the month in which the loan is made.
(2) Extensions prohibited.--The Secretary may not extend the
term of a marketing assistance loan for peanuts under subsection
(a).
(d) Repayment Rate.--
(1) In general.--The Secretary shall permit producers on a farm
to repay a marketing assistance loan for peanuts under subsection
(a) at a rate that is the lesser of--
(A) the loan rate established for peanuts under subsection
(b), 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 peanuts by
the Federal Government;
(iii) minimize the cost incurred by the Federal
Government in storing peanuts; and
(iv) allow peanuts produced in the United States to be
marketed freely and competitively, both domestically and
internationally.
(2) Authority to temporarily adjust repayment rates.--
(A) Adjustment authority.--In the event of a severe
disruption to marketing, transportation, or related
infrastructure, the Secretary may modify the repayment rate
otherwise applicable under this subsection for marketing
assistance loans for peanuts under subsection (a).
(B) Duration.--An adjustment made under subparagraph (A) in
the repayment rate for marketing assistance loans for peanuts
shall be in effect on a short-term and temporary basis, as
determined by the Secretary.
(e) Loan Deficiency Payments.--
(1) Availability.--The Secretary may make loan deficiency
payments available to producers on a farm that, although eligible
to obtain a marketing assistance loan for peanuts under subsection
(a), agree to forgo obtaining the loan for the peanuts in return
for loan deficiency payments under this subsection.
(2) Computation.--A loan deficiency payment under this
subsection shall be computed by multiplying--
(A) the payment rate determined under paragraph (3) for
peanuts; by
(B) the quantity of the peanuts produced by the producers,
excluding any quantity for which the producers obtain a
marketing assistance loan under subsection (a).
(3) Payment rate.--For purposes of this subsection, the payment
rate shall be the amount by which--
(A) the loan rate established under subsection (b); exceeds
(B) the rate at which a loan may be repaid under subsection
(d).
(4) Effective date for payment rate determination.--The
Secretary shall determine the amount of the loan deficiency payment
to be made under this subsection to the producers on a farm with
respect to a quantity of peanuts using the payment rate in effect
under paragraph (3) as of the date the producers request the
payment.
(f) Compliance With Conservation and Wetlands Requirements.--As a
condition of the receipt of a marketing assistance loan under
subsection (a), the producer shall 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 applicable wetland protection
requirements under subtitle C of title XII of that Act (16 U.S.C. 3821
et seq.) during the term of the loan.
(g) Reimbursable Agreements and Payment of Administrative
Expenses.--The Secretary may implement any reimbursable agreements or
provide for the payment of administrative expenses under this subtitle
only in a manner that is consistent with such activities in regard to
other commodities.
SEC. 1308. ADJUSTMENTS OF LOANS.
(a) Adjustment Authority.--The Secretary may make appropriate
adjustments in the loan rates for peanuts for differences in grade,
type, quality, location, and other factors.
(b) Manner of Adjustment.--The adjustments under subsection (a)
shall, to the maximum extent practicable, be made in such a manner that
the average loan level for peanuts will, on the basis of the
anticipated incidence of the factors, be equal to the level of support
determined in accordance with this subtitle and subtitles B, D, and E.
(c) Adjustment on County Basis.--
(1) In general.--Subject to paragraph (2), the Secretary may
establish loan rates for a crop of peanuts for producers in
individual counties in a manner that results in the lowest loan
rate being 95 percent of the national average loan rate, if those
loan rates do not result in an increase in outlays.
(2) Prohibition.--Adjustments under this subsection shall not
result in an increase in the national average loan rate for any
year.
Subtitle D--Sugar
SEC. 1401. SUGAR PROGRAM.
(a) In General.--Section 156 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7272) is amended to read as follows:
``SEC. 156. SUGAR PROGRAM.
``(a) Sugarcane.--The Secretary shall make loans available to
processors of domestically grown sugarcane at a rate equal to--
``(1) 18.00 cents per pound for raw cane sugar for the 2008
crop year;
``(2) 18.25 cents per pound for raw cane sugar for the 2009
crop year;
``(3) 18.50 cents per pound for raw cane sugar for the 2010
crop year;
``(4) 18.75 cents per pound for raw cane sugar for the 2011
crop year; and
``(5) 18.75 cents per pound for raw cane sugar for the 2012
crop year.
``(b) Sugar Beets.--The Secretary shall make loans available to
processors of domestically grown sugar beets at a rate equal to--
``(1) 22.9 cents per pound for refined beet sugar for the 2008
crop year; and
``(2) a rate that is equal to 128.5 percent of the loan rate
per pound of raw cane sugar for the applicable crop year under
subsection (a) for each of the 2009 through 2012 crop years.
``(c) Term of Loans.--
``(1) In general.--A loan under this section during any fiscal
year shall be made available not earlier than the beginning of the
fiscal year and shall mature at the earlier of--
``(A) the end of the 9-month period beginning on the first
day of the first month after the month in which the loan is
made; or
``(B) the end of the fiscal year in which the loan is made.
``(2) Supplemental loans.--In the case of a loan made under
this section in the last 3 months of a fiscal year, the processor
may repledge the sugar as collateral for a second loan in the
subsequent fiscal year, except that the second loan shall--
``(A) be made at the loan rate in effect at the time the
first loan was made; and
``(B) mature in 9 months less the quantity of time that the
first loan was in effect.
``(d) Loan Type; Processor Assurances.--
``(1) Nonrecourse loans.--The Secretary shall carry out this
section through the use of nonrecourse loans.
``(2) Processor assurances.--
``(A) In general.--The Secretary shall obtain from each
processor that receives a loan under this section such
assurances as the Secretary considers adequate to ensure that
the processor will provide payments to producers that are
proportional to the value of the loan received by the processor
for the sugar beets and sugarcane delivered by producers to the
processor.
``(B) Minimum payments.--
``(i) In general.--Subject to clause (ii), the
Secretary may establish appropriate minimum payments for
purposes of this paragraph.
``(ii) Limitation.--In the case of sugar beets, the
minimum payment established under clause (i) shall not
exceed the rate of payment provided for under the
applicable contract between a sugar beet producer and a
sugar beet processor.
``(3) Administration.--The Secretary may not impose or enforce
any prenotification requirement, or similar administrative
requirement not otherwise in effect on May 13, 2002, that has the
effect of preventing a processor from electing to forfeit the loan
collateral (of an acceptable grade and quality) on the maturity of
the loan.
``(e) Loans for In-Process Sugar.--
``(1) Definition of in-process sugars and syrups.--In this
subsection, the term `in-process sugars and syrups' does not
include raw sugar, liquid sugar, invert sugar, invert syrup, or
other finished product that is otherwise eligible for a loan under
subsection (a) or (b).
``(2) Availability.--The Secretary shall make nonrecourse loans
available to processors of a crop of domestically grown sugarcane
and sugar beets for in-process sugars and syrups derived from the
crop.
``(3) Loan rate.--The loan rate shall be equal to 80 percent of
the loan rate applicable to raw cane sugar or refined beet sugar,
as determined by the Secretary on the basis of the source material
for the in-process sugars and syrups.
``(4) Further processing on forfeiture.--
``(A) In general.--As a condition of the forfeiture of in-
process sugars and syrups serving as collateral for a loan
under paragraph (2), the processor shall, within such
reasonable time period as the Secretary may prescribe and at no
cost to the Commodity Credit Corporation, convert the in-
process sugars and syrups into raw cane sugar or refined beet
sugar of acceptable grade and quality for sugars eligible for
loans under subsection (a) or (b).
``(B) Transfer to corporation.--Once the in-process sugars
and syrups are fully processed into raw cane sugar or refined
beet sugar, the processor shall transfer the sugar to the
Commodity Credit Corporation.
``(C) Payment to processor.--On transfer of the sugar, the
Secretary shall make a payment to the processor in an amount
equal to the amount obtained by multiplying--
``(i) the difference between--
``(I) the loan rate for raw cane sugar or refined
beet sugar, as appropriate; and
``(II) the loan rate the processor received under
paragraph (3); by
``(ii) the quantity of sugar transferred to the
Secretary.
``(5) Loan conversion.--If the processor does not forfeit the
collateral as described in paragraph (4), but instead further
processes the in-process sugars and syrups into raw cane sugar or
refined beet sugar and repays the loan on the in-process sugars and
syrups, the processor may obtain a loan under subsection (a) or (b)
for the raw cane sugar or refined beet sugar, as appropriate.
``(6) Term of loan.--The term of a loan made under this
subsection for a quantity of in-process sugars and syrups, when
combined with the term of a loan made with respect to the raw cane
sugar or refined beet sugar derived from the in-process sugars and
syrups, may not exceed 9 months, consistent with subsection (c).
``(f) Avoiding Forfeitures; Corporation Inventory Disposition.--
``(1) In general.--Subject to subsection (d)(3), to the maximum
extent practicable, the Secretary shall operate the program
established under this section at no cost to the Federal Government
by avoiding the forfeiture of sugar to the Commodity Credit
Corporation.
``(2) Inventory disposition.--
``(A) In general.--To carry out paragraph (1), the
Commodity Credit Corporation may accept bids to obtain raw cane
sugar or refined beet sugar in the inventory of the Commodity
Credit Corporation from (or otherwise make available such
commodities, on appropriate terms and conditions, to)
processors of sugarcane and processors of sugar beets (acting
in conjunction with the producers of the sugarcane or sugar
beets processed by the processors) in return for the reduction
of production of raw cane sugar or refined beet sugar, as
appropriate.
``(B) Bioenergy feedstock.--If a reduction in the quantity
of production accepted under subparagraph (A) involves sugar
beets or sugarcane that has already been planted, the sugar
beets or sugarcane so planted may not be used for any
commercial purpose other than as a bioenergy feedstock.
``(C) Additional authority.--The authority provided under
this paragraph is in addition to any authority of the Commodity
Credit Corporation under any other law.
``(g) Information Reporting.--
``(1) Duty of processors and refiners to report.--A sugarcane
processor, cane sugar refiner, and sugar beet processor shall
furnish the Secretary, on a monthly basis, such information as the
Secretary may require to administer sugar programs, including the
quantity of purchases of sugarcane, sugar beets, and sugar, and
production, importation, distribution, and stock levels of sugar.
``(2) Duty of producers to report.--
``(A) Proportionate share states.--As a condition of a loan
made to a processor for the benefit of a producer, the
Secretary shall require each producer of sugarcane located in a
State (other than the Commonwealth of Puerto Rico) in which
there are in excess of 250 producers of sugarcane to report, in
the manner prescribed by the Secretary, the sugarcane yields
and acres planted to sugarcane of the producer.
``(B) Other states.--The Secretary may require each
producer of sugarcane or sugar beets not covered by
subparagraph (A) to report, in a manner prescribed by the
Secretary, the yields of, and acres planted to, sugarcane or
sugar beets, respectively, of the producer.
``(3) Duty of importers to report.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall require an importer of sugars, syrups, or
molasses to be used for human consumption or to be used for the
extraction of sugar for human consumption to report, in the
manner prescribed by the Secretary, the quantities of the
products imported by the importer and the sugar content or
equivalent of the products.
``(B) Tariff-rate quotas.--Subparagraph (A) shall not apply
to sugars, syrups, or molasses that are within the quantities
of tariff-rate quotas that are subject to the lower rate of
duties.
``(4) Collection of information on mexico.--
``(A) Collection.--The Secretary shall collect--
``(i) information on the production, consumption,
stocks, and trade of sugar in Mexico, including United
States exports of sugar to Mexico; and
``(ii) publicly available information on Mexican
production, consumption, and trade of high fructose corn
syrups.
``(B) Publication.--The data collected under subparagraph
(A) shall be published in each edition of the World
Agricultural Supply and Demand Estimates.
``(5) Penalty.--Any person willfully failing or refusing to
furnish the information required to be reported by paragraph (1),
(2), or (3), or furnishing willfully false information, shall be
subject to a civil penalty of not more than $10,000 for each such
violation.
``(6) Monthly reports.--Taking into consideration the
information received under this subsection, the Secretary shall
publish on a monthly basis composite data on production, imports,
distribution, and stock levels of sugar.
``(h) Substitution of Refined Sugar.--For purposes of Additional
U.S. Note 6 to chapter 17 of the Harmonized Tariff Schedule of the
United States and the reexport programs and polyhydric alcohol program
administered by the Secretary, all refined sugars (whether derived from
sugar beets or sugarcane) produced by cane sugar refineries and beet
sugar processors shall be fully substitutable for the export of sugar
and sugar-containing products under those programs.
``(i) Effective Period.--This section shall be effective only for
the 2008 through 2012 crops of sugar beets and sugarcane.''.
(b) Transition.--The Secretary shall make loans for raw cane sugar
and refined beet sugar available for the 2007 crop year on the terms
and conditions provided in section 156 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272), as in effect on the
day before the date of enactment of this Act.
SEC. 1402. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL SUGAR
ORGANIZATION.
The Secretary shall work with the Secretary of State to restore
United States membership in the International Sugar Organization not
later than 1 year after the date of enactment of this Act.
SEC. 1403. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.
(a) Definitions.--Section 359a of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359aa) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (4), (5), and (6), respectively;
(2) by inserting before paragraph (2) (as so redesignated) the
following:
``(1) Human consumption.--The term `human consumption', when
used in the context of a reference to sugar (whether in the form of
sugar, in-process sugar, syrup, molasses, or in some other form)
for human consumption, includes sugar for use in human food,
beverages, or similar products.''; and
(3) by inserting after paragraph (2) (as so redesignated) the
following:
``(3) Market.--
``(A) In general.--The term `market' means to sell or
otherwise dispose of in commerce in the United States.
``(B) Inclusions.--The term `market' includes--
``(i) the forfeiture of sugar under the loan program
for sugar established under section 156 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272);
``(ii) with respect to any integrated processor and
refiner, the movement of raw cane sugar into the refining
process; and
``(iii) the sale of sugar for the production of ethanol
or other bioenergy product, if the disposition of the sugar
is administered by the Secretary under section 9010 of the
Farm Security and Rural Investment Act of 2002.
``(C) Marketing year.--Forfeited sugar described in
subparagraph (B)(i) shall be considered to have been marketed
during the crop year for which a loan is made under the loan
program described in that subparagraph.''.
(b) Flexible Marketing Allotments for Sugar.--Section 359b of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb) is amended to
read as follows:
``SEC. 359b. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.
``(a) Sugar Estimates.--
``(1) In general.--Not later than August 1 before the beginning
of each of the 2008 through 2012 crop years for sugarcane and sugar
beets, the Secretary shall estimate--
``(A) the quantity of sugar that will be subject to human
consumption in the United States during the crop year;
``(B) the quantity of sugar that would provide for
reasonable carryover stocks;
``(C) the quantity of sugar that will be available from
carry-in stocks for human consumption in the United States
during the crop year;
``(D) the quantity of sugar that will be available from the
domestic processing of sugarcane, sugar beets, and in-process
beet sugar; and
``(E) the quantity of sugars, syrups, and molasses that
will be imported for human consumption or to be used for the
extraction of sugar for human consumption in the United States
during the crop year, whether the articles are under a tariff-
rate quota or are in excess or outside of a tariff-rate quota.
``(2) Exclusion.--The estimates under this subsection shall not
apply to sugar imported for the production of polyhydric alcohol or
to any sugar refined and reexported in refined form or in products
containing sugar.
``(3) Reestimates.--The Secretary shall make reestimates of
sugar consumption, stocks, production, and imports for a crop year
as necessary, but not later than the beginning of each of the
second through fourth quarters of the crop year.
``(b) Sugar Allotments.--
``(1) Establishment.--By the beginning of each crop year, the
Secretary shall establish for that crop year appropriate allotments
under section 359c for the marketing by processors of sugar
processed from sugar cane or sugar beets or in-process beet sugar
(whether the sugar beets or in-process beet sugar was produced
domestically or imported) at a level that is--
``(A) sufficient to maintain raw and refined sugar prices
above forfeiture levels so that there will be no forfeitures of
sugar to the Commodity Credit Corporation under the loan
program for sugar established under section 156 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272);
but
``(B) not less than 85 percent of the estimated quantity of
sugar for domestic human consumption for the crop year.
``(2) Products.--The Secretary may include sugar products, the
majority content of which is sucrose for human consumption, derived
from sugar cane, sugar beets, molasses, or sugar in the allotments
established under paragraph (1) if the Secretary determines it to
be appropriate for purposes of this part.
``(c) Coverage of Allotments.--
``(1) In general.--The marketing allotments under this part
shall apply to the marketing by processors of sugar intended for
domestic human consumption that has been processed from sugar cane,
sugar beets, or in-process beet sugar, whether such sugar beets or
in-process beet sugar was produced domestically or imported.
``(2) Exceptions.--Consistent with the administration of
marketing allotments for each of the 2002 through 2007 crop years,
the marketing allotments shall not apply to sugar sold--
``(A) to facilitate the exportation of the sugar to a
foreign country, except that the exports of sugar shall not be
eligible to receive credits under reexport programs for refined
sugar or sugar containing products administered by the
Secretary;
``(B) to enable another processor to fulfill an allocation
established for that processor; or
``(C) for uses other than domestic human consumption,
except for the sale of sugar for the production of ethanol or
other bioenergy if the disposition of the sugar is administered
by the Secretary under section 9010 of the Farm Security and
Rural Investment Act of 2002.
``(3) Requirement.--The sale of sugar described in paragraph
(2)(B) shall be--
``(A) made prior to May 1; and
``(B) reported to the Secretary.
``(d) Prohibitions.--
``(1) In general.--During all or part of any crop year for
which marketing allotments have been established, no processor of
sugar beets or sugarcane shall market for domestic human
consumption a quantity of sugar in excess of the allocation
established for the processor, except--
``(A) to enable another processor to fulfill an allocation
established for that other processor; or
``(B) to facilitate the exportation of the sugar.
``(2) Civil penalty.--Any processor who knowingly violates
paragraph (1) shall be liable to the Commodity Credit Corporation
for a civil penalty in an amount equal to 3 times the United States
market value, at the time of the commission of the violation, of
that quantity of sugar involved in the violation.''.
(c) Establishment of Flexible Marketing Allotments.--Section 359c
of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359cc) is
amended--
(1) by striking subsection (b) and inserting the following:
``(b) Overall Allotment Quantity.--
``(1) In general.--The Secretary shall establish the overall
quantity of sugar to be allotted for the crop year (referred to in
this part as the `overall allotment quantity') at a level that is--
``(A) sufficient to maintain raw and refined sugar prices
above forfeiture levels to avoid forfeiture of sugar to the
Commodity Credit Corporation; but
``(B) not less than a quantity equal to 85 percent of the
estimated quantity of sugar for domestic human consumption for
the crop year.
``(2) Adjustment.--Subject to paragraph (1), the Secretary
shall adjust the overall allotment quantity to maintain--
``(A) raw and refined sugar prices above forfeiture levels
to avoid the forfeiture of sugar to the Commodity Credit
Corporation; and
``(B) adequate supplies of raw and refined sugar in the
domestic market.'';
(2) in subsection (d)(2), by inserting ``or in-process beet
sugar'' before the period at the end;
(3) in subsection (g)(1)--
(A) by striking ``(1) in general.--The Secretary'' and
inserting the following:
``(1) Adjustments.--
``(A) In general.--Subject to subparagraph (B), the
Secretary''; and
(B) by adding at the end the following:
``(B) Limitation.--In carrying out subparagraph (A), the
Secretary may not reduce the overall allotment quantity to a
quantity of less than 85 percent of the estimated quantity of
sugar for domestic human consumption for the crop year.''; and
(4) by striking subsection (h).
(d) Allocation of Marketing Allotments.--Section 359d(b) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359dd(b)) is amended--
(1) in paragraph (1)(F), by striking ``Except as otherwise
provided in section 359f(c)(8), if'' and inserting ``If''; and
(2) in paragraph (2), by striking subparagraphs (G), (H), and
(I) and inserting the following:
``(G) Sale of factories of a processor to another
processor.--
``(i) Effect of sale.--Subject to subparagraphs (E) and
(F), if 1 or more factories of a processor of beet sugar
(but not all of the assets of the processor) are sold to
another processor of beet sugar during a crop year, the
Secretary shall assign a pro rata portion of the allocation
of the seller to the allocation of the buyer to reflect the
historical contribution of the production of the sold 1 or
more factories to the total allocation of the seller,
unless the buyer and the seller have agreed upon the
transfer of a different portion of the allocation of the
seller, in which case, the Secretary shall transfer that
portion agreed upon by the buyer and seller.
``(ii) Application of allocation.--The assignment of
the allocation under clause (i) shall apply--
``(I) during the remainder of the crop year for
which the sale described in clause (i) occurs; and
``(II) during each subsequent crop year.
``(iii) Use of other factories to fill allocation.--If
the assignment of the allocation under clause (i) to the
buyer for the 1 or more purchased factories cannot be
filled by the production of the 1 or more purchased
factories, the remainder of the allocation may be filled by
beet sugar produced by the buyer from other factories of
the buyer.
``(H) New entrants starting production, reopening, or
acquiring an existing factory with production history.--
``(i) Definition of new entrant.--
``(I) In general.--In this subparagraph, the term
`new entrant' means an individual, corporation, or
other entity that--
``(aa) does not have an allocation of the beet
sugar allotment under this part;
``(bb) is not affiliated with any other
individual, corporation, or entity that has an
allocation of beet sugar under this part (referred
to in this clause as a `third party'); and
``(cc) will process sugar beets produced by
sugar beet growers under contract with the new
entrant for the production of sugar at the new or
re-opened factory that is the basis for the new
entrant allocation.
``(II) Affiliation.--For purposes of subclause
(I)(bb), a new entrant and a third party shall be
considered to be affiliated if--
``(aa) the third party has an ownership
interest in the new entrant;
``(bb) the new entrant and the third party have
owners in common;
``(cc) the third party has the ability to
exercise control over the new entrant by
organizational rights, contractual rights, or any
other means;
``(dd) the third party has a contractual
relationship with the new entrant by which the new
entrant will make use of the facilities or assets
of the third party; or
``(ee) there are any other similar
circumstances by which the Secretary determines
that the new entrant and the third party are
affiliated.
``(ii) Allocation for a new entrant that has
constructed a new factory or reopened a factory that was
not operated since before 1998.--If a new entrant
constructs a new sugar beet processing factory, or acquires
and reopens a sugar beet processing factory that last
processed sugar beets prior to the 1998 crop year and there
is no allocation currently associated with the factory, the
Secretary shall--
``(I) assign an allocation for beet sugar to the
new entrant that provides a fair and equitable
distribution of the allocations for beet sugar so as to
enable the new entrant to achieve a factory utilization
rate comparable to the factory utilization rates of
other similarly-situated processors; and
``(II) reduce the allocations for beet sugar of all
other processors on a pro rata basis to reflect the
allocation to the new entrant.
``(iii) Allocation for a new entrant that has acquired
an existing factory with a production history.--
``(I) In general.--If a new entrant acquires an
existing factory that has processed sugar beets from
the 1998 or subsequent crop year and has a production
history, on the mutual agreement of the new entrant and
the company currently holding the allocation associated
with the factory, the Secretary shall transfer to the
new entrant a portion of the allocation of the current
allocation holder to reflect the historical
contribution of the production of the 1 or more sold
factories to the total allocation of the current
allocation holder, unless the new entrant and current
allocation holder have agreed upon the transfer of a
different portion of the allocation of the current
allocation holder, in which case, the Secretary shall
transfer that portion agreed upon by the new entrant
and the current allocation holder.
``(II) Prohibition.--In the absence of a mutual
agreement described in subclause (I), the new entrant
shall be ineligible for a beet sugar allocation.
``(iv) Appeals.--Any decision made under this
subsection may be appealed to the Secretary in accordance
with section 359i.''.
(e) Reassignment of Deficits.--Section 359e(b) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ee(b)) is amended in paragraphs
(1)(D) and (2)(C), by inserting ``of raw cane sugar'' after ``imports''
each place it appears.
(f) Provisions Applicable to Producers.--Section 359f(c) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(c)) is amended--
(1) by striking paragraph (8);
(2) by redesignating paragraphs (1) through (7) as paragraphs
(2) through (8), respectively;
(3) by inserting before paragraph (2) (as so redesignated) the
following:
``(1) Definition of seed.--
``(A) In general.--In this subsection, the term `seed'
means only those varieties of seed that are dedicated to the
production of sugarcane from which is produced sugar for human
consumption.
``(B) Exclusion.--The term `seed' does not include seed of
a high-fiber cane variety dedicated to other uses, as
determined by the Secretary'';
(4) in paragraph (3) (as so redesignated)--
(A) in the first sentence--
(i) by striking ``paragraph (1)'' and inserting
``paragraph (2)''; and
(ii) by inserting ``sugar produced from'' after
``quantity of''; and
(B) in the second sentence, by striking ``paragraph (7)''
and inserting ``paragraph (8)'';
(5) in the first sentence of paragraph (6)(C) (as so
redesignated), by inserting ``for sugar'' before ``in excess of the
farm's proportionate share''; and
(6) in paragraph (8) (as so redesignated), by inserting ``sugar
from'' after ``the amount of''.
(g) Special Rules.--Section 359g of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359gg) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Transfer of Acreage Base History.--
``(1) Transfer authorized.--For the purpose of establishing
proportionate shares for sugarcane farms under section 359f(c), the
Secretary, on application of any producer, with the written consent
of all owners of a farm, may transfer the acreage base history of
the farm to any other parcels of land of the applicant.
``(2) Converted acreage base.--
``(A) In general.--Sugarcane acreage base established under
section 359f(c) that has been or is converted to
nonagricultural use on or after May 13, 2002, may be
transferred to other land suitable for the production of
sugarcane that can be delivered to a processor in a
proportionate share State in accordance with this paragraph.
``(B) Notification.--Not later than 90 days after the
Secretary becomes aware of a conversion of any sugarcane
acreage base to a nonagricultural use, the Secretary shall
notify the 1 or more affected landowners of the transferability
of the applicable sugarcane acreage base.
``(C) Initial transfer period.--The owner of the base
attributable to the acreage at the time of the conversion shall
be afforded 90 days from the date of the receipt of the
notification under subparagraph (B) to transfer the base to 1
or more farms owned by the owner.
``(D) Grower of record.--If a transfer under subparagraph
(C) cannot be accomplished during the period specified in that
subparagraph, the grower of record with regard to the acreage
base on the date on which the acreage was converted to
nonagricultural use shall--
``(i) be notified; and
``(ii) have 90 days from the date of the receipt of the
notification to transfer the base to 1 or more farms
operated by the grower.
``(E) Pool distribution.--
``(i) In general.--If transfers under subparagraphs (B)
and (C) cannot be accomplished during the periods specified
in those subparagraphs, the county committee of the Farm
Service Agency for the applicable county shall place the
acreage base in a pool for possible assignment to other
farms.
``(ii) Acceptance of requests.--After providing
reasonable notice to farm owners, operators, and growers of
record in the county, the county committee shall accept
requests from owners, operators, and growers of record in
the county.
``(iii) Assignment.--The county committee shall assign
the acreage base to other farms in the county that are
eligible and capable of accepting the acreage base, based
on a random drawing from among the requests received under
clause (ii).
``(F) Statewide reallocation.--
``(i) In general.--Any acreage base remaining
unassigned after the transfers and processes described in
subparagraphs (A) through (E) shall be made available to
the State committee of the Farm Service Agency for
allocation among the remaining county committees in the
State representing counties with farms eligible for
assignment of the base, based on a random drawing.
``(ii) Allocation.--Any county committee receiving
acreage base under this subparagraph shall allocate the
acreage base to eligible farms using the process described
in subparagraph (E).
``(G) Status of reassigned base.--After acreage base has
been reassigned in accordance with this subparagraph, the
acreage base shall--
``(i) remain on the farm; and
``(ii) be subject to the transfer provisions of
paragraph (1).''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``affected'' before ``crop-share
owners'' each place it appears; and
(ii) by striking ``, and from the processing company
holding the applicable allocation for such shares,''; and
(B) in paragraph (2), by striking ``based on'' and all that
follows through the end of subparagraph (B) and inserting
``based on--
``(A) the number of acres of sugarcane base being
transferred; and
``(B) the pro rata amount of allocation at the processing
company holding the applicable allocation that equals the
contribution of the grower to allocation of the processing
company for the sugarcane acreage base being transferred.''.
(h) Appeals.--Section 359i of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1359ii) is amended--
(1) in subsection (a), by inserting ``or 359g(d)'' after
``359f''; and
(2) by striking subsection (c).
(i) Reallocating Sugar Quota Import Shortfalls.--Section 359k of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) is repealed.
(j) Administration of Tariff Rate Quotas.--Part VII of subtitle B
of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1359aa) (as amended by subsection (i)) is amended by adding at the end
the following:
``SEC. 359k. ADMINISTRATION OF TARIFF RATE QUOTAS.
``(a) Establishment.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, at the beginning of the
quota year, the Secretary shall establish the tariff-rate quotas
for raw cane sugar and refined sugars at the minimum level
necessary to comply with obligations under international trade
agreements that have been approved by Congress.
``(2) Exception.--Paragraph (1) shall not apply to specialty
sugar.
``(b) Adjustment.--
``(1) Before april 1.--Before April 1 of each fiscal year, if
there is an emergency shortage of sugar in the United States market
that is caused by a war, flood, hurricane, or other natural
disaster, or other similar event as determined by the Secretary--
``(A) the Secretary shall take action to increase the
supply of sugar in accordance with sections 359c(b)(2) and
359e(b), including an increase in the tariff-rate quota for raw
cane sugar to accommodate the reassignment to imports; and
``(B) if there is still a shortage of sugar in the United
States market, and marketing of domestic sugar has been
maximized, and domestic raw cane sugar refining capacity has
been maximized, the Secretary may increase the tariff-rate
quota for refined sugars sufficient to accommodate the supply
increase, if the further increase will not threaten to result
in the forfeiture of sugar pledged as collateral for a loan
under section 156 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7272).
``(2) On or after april 1.--On or after April 1 of each fiscal
year--
``(A) the Secretary may take action to increase the supply
of sugar in accordance with sections 359c(b)(2) and 359e(b),
including an increase in the tariff-rate quota for raw cane
sugar to accommodate the reassignment to imports; and
``(B) if there is still a shortage of sugar in the United
States market, and marketing of domestic sugar has been
maximized, the Secretary may increase the tariff-rate quota for
raw cane sugar if the further increase will not threaten to
result in the forfeiture of sugar pledged as collateral for a
loan under section 156 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7272).''.
(k) Period of Effectiveness.--Part VII of subtitle B of title III
of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa) (as
amended by subsection (j)) is amended by adding at the end the
following:
``SEC. 359l. PERIOD OF EFFECTIVENESS.
``(a) In General.--This part shall be effective only for the 2008
through 2012 crop years for sugar.
``(b) Transition.--The Secretary shall administer flexible
marketing allotments for sugar for the 2007 crop year for sugar on the
terms and conditions provided in this part as in effect on the day
before the date of enactment of this section.''.
SEC. 1404. STORAGE FACILITY LOANS.
Section 1402(c) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7971(c)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) not include any penalty for prepayment; and''; and
(4) in paragraph (3) (as redesignated by paragraph (2)), by
inserting ``other'' after ``on such''.
SEC. 1405. COMMODITY CREDIT CORPORATION STORAGE PAYMENTS.
Subtitle E of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7281 et seq.) is amended by adding at the end the
following:
``SEC. 167. COMMODITY CREDIT CORPORATION STORAGE PAYMENTS.
``(a) Initial Crop Years.--Notwithstanding any other provision of
law, for each of the 2008 through 2011 crop years, the Commodity Credit
Corporation shall establish rates for the storage of forfeited sugar in
an amount that is not less than--
``(1) in the case of refined sugar, 15 cents per hundredweight
of refined sugar per month; and
``(2) in the case of raw cane sugar, 10 cents per hundredweight
of raw cane sugar per month.
``(b) Subsequent Crop Years.--For each of the 2012 and subsequent
crop years, the Commodity Credit Corporation shall establish rates for
the storage of forfeited sugar in the same manner as was used on the
day before the date of enactment of this section.''.
Subtitle E--Dairy
SEC. 1501. DAIRY PRODUCT PRICE SUPPORT PROGRAM.
(a) Definition of Net Removals.--In this section, the term ``net
removals'' means--
(1) the sum of--
(A) the quantity of a product described in subsection (b)
purchased by the Commodity Credit Corporation under this
section; and
(B) the quantity of the product exported under section 153
of the Food Security Act of 1985 (15 U.S.C. 713a-14); less
(2) the quantity of the product sold for unrestricted use by
the Commodity Credit Corporation.
(b) Support Activities.--During the period beginning on January 1,
2008, and ending December 31, 2012, the Secretary shall support the
price of cheddar cheese, butter, and nonfat dry milk through the
purchase of such products made from milk produced in the United States.
(c) Purchase Price.--To carry out subsection (b) during the period
specified in that subsection, the Secretary shall purchase--
(1) cheddar cheese in blocks at not less than $1.13 per pound;
(2) cheddar cheese in barrels at not less than $1.10 per pound;
(3) butter at not less than $1.05 per pound; and
(4) nonfat dry milk at not less than $0.80 per pound.
(d) Temporary Price Adjustment to Avoid Excess Inventories.--
(1) Adjustments authorized.--The Secretary may adjust the
minimum purchase prices established under subsection (c) only as
permitted under this subsection.
(2) Cheese inventories in excess of 200,000,000 pounds.--If net
removals for a period of 12 consecutive months exceed 200,000,000
pounds of cheese, but do not exceed 400,000,000 pounds, the
Secretary may reduce the purchase prices under paragraphs (1) and
(2) of subsection (c) during the immediately following month by not
more than 10 cents per pound.
(3) Cheese inventories in excess of 400,000,000 pounds.--If net
removals for a period of 12 consecutive months exceed 400,000,000
pounds of cheese, the Secretary may reduce the purchase prices
under paragraphs (1) and (2) of subsection (c) during the
immediately following month by not more than 20 cents per pound.
(4) Butter inventories in excess of 450,000,000 pounds.--If net
removals for a period of 12 consecutive months exceed 450,000,000
pounds of butter, but do not exceed 650,000,000 pounds, the
Secretary may reduce the purchase price under subsection (c)(3)
during the immediately following month by not more than 10 cents
per pound.
(5) Butter inventories in excess of 650,000,000 pounds.--If net
removals for a period of 12 consecutive months exceed 650,000,000
pounds of butter, the Secretary may reduce the purchase price under
subsection (c)(3) during the immediately following month by not
more than 20 cents per pound.
(6) Nonfat dry milk inventories in excess of 600,000,000
pounds.--If net removals for a period of 12 consecutive months
exceed 600,000,000 pounds of nonfat dry milk, but do not exceed
800,000,000 pounds, the Secretary may reduce the purchase price
under subsection (c)(4) during the immediately following month by
not more than 5 cents per pound.
(7) Nonfat dry milk inventories in excess of 800,000,000
pounds.--If net removals for a period of 12 consecutive months
exceed 800,000,000 pounds of nonfat dry milk, the Secretary may
reduce the purchase price under subsection (c)(4) during the
immediately following month by not more than 10 cents per pound.
(e) Uniform Purchase Price.--The prices that the Secretary pays for
cheese, butter, or nonfat dry milk, respectively, under subsection (b)
shall be uniform for all regions of the United States.
(f) Sales From Inventories.--In the case of each commodity
specified in subsection (c) that is available for unrestricted use in
the inventory of the Commodity Credit Corporation, the Secretary may
sell the commodity at the market prices prevailing for that commodity
at the time of sale, except that the sale price may not be less than
110 percent of the minimum purchase price specified in subsection (c)
for that commodity.
SEC. 1502. DAIRY FORWARD PRICING PROGRAM.
(a) Program Required.--The Secretary shall establish a program
under which milk producers and cooperative associations of producers
are authorized to voluntarily enter into forward price contracts with
milk handlers.
(b) Minimum Milk Price Requirements.--Payments made by milk
handlers to milk producers and cooperative associations of producers,
and prices received by milk producers and cooperative associations, in
accordance with the terms of a forward price contract authorized by
subsection (a), shall be treated as satisfying--
(1) all uniform and minimum milk price requirements of
subparagraphs (B) and (F) of paragraph (5) of section 8c of the
Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937; and
(2) the total payment requirement of subparagraph (C) of that
paragraph.
(c) Milk Covered by Program.--
(1) Covered milk.--The program shall apply only with respect to
the marketing of federally regulated milk that--
(A) is not classified as Class I milk or otherwise intended
for fluid use; and
(B) is in the current of interstate or foreign commerce or
directly burdens, obstructs, or affects interstate or foreign
commerce in federally regulated milk.
(2) Relation to class i milk.--To assist milk handlers in
complying with paragraph (1)(A) without having to segregate or
otherwise individually track the source and disposition of milk, a
milk handler may allocate milk receipts from producers,
cooperatives, and other sources that are not subject to a forward
contract to satisfy the obligations of the handler with regard to
Class I milk usage.
(d) Voluntary Program.--
(1) In general.--A milk handler may not require participation
in a forward pricing contract as a condition of the handler
receiving milk from a producer or cooperative association of
producers.
(2) Pricing.--A producer or cooperative association described
in paragraph (1) may continue to have their milk priced in
accordance with the minimum payment provisions of the Federal milk
marketing order.
(3) Complaints.--
(A) In general.--The Secretary shall investigate complaints
made by producers or cooperative associations of coercion by
handlers to enter into forward contracts.
(B) Action.--If the Secretary finds evidence of coercion,
the Secretary shall take appropriate action.
(e) Duration.--
(1) New contracts.--No forward price contract may be entered
into under the program established under this section after
September 30, 2012.
(2) Application.--No forward contract entered into under the
program may extend beyond September 30, 2015.
SEC. 1503. DAIRY EXPORT INCENTIVE PROGRAM.
(a) Extension.--Section 153(a) of the Food Security Act of 1985 (15
U.S.C. 713a-14(a)) is amended by striking ``2007'' and inserting
``2012''.
(b) Compliance With Trade Agreements.--Section 153 of the Food
Security Act of 1985 (15 U.S.C. 713a-14) is amended--
(1) in subsection (c), by striking paragraph (3) and inserting
the following:
``(3) the maximum volume of dairy product exports allowable
consistent with the obligations of the United States under the
Uruguay Round Agreements approved under section 101 of the Uruguay
Round Agreements Act (19 U.S.C. 3511) is exported under the program
each year (minus the volume sold under section 1163 of this Act
during that year), except to the extent that the export of such a
volume under the program would, in the judgment of the Secretary,
exceed the limitations on the value permitted under subsection (f);
and''; and.
(2) in subsection (f), by striking paragraph (1) and inserting
the following:
``(1) Funds and commodities.--Except as provided in paragraph
(2), the Commodity Credit Corporation shall in each year use money
and commodities for the program under this section in the maximum
amount consistent with the obligations of the United States under
the Uruguay Round Agreements approved under section 101 of the
Uruguay Round Agreements Act (19 U.S.C. 3511), minus the amount
expended under section 1163 of this Act during that year.''.
SEC. 1504. REVISION OF FEDERAL MARKETING ORDER AMENDMENT PROCEDURES.
Section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c),
reenacted with amendments by the Agricultural Marketing Agreement Act
of 1937, is amended by striking subsection (17) and inserting the
following:
``(17) Provisions applicable to amendments.--
``(A) Applicability to amendments.--The provisions of this
section and section 8d applicable to orders shall be applicable
to amendments to orders.
``(B) Supplemental rules of practice.--
``(i) In general.--Not later than 60 days after the
date of enactment of this subparagraph, the Secretary shall
issue, using informal rulemaking, supplemental rules of
practice to define guidelines and timeframes for the
rulemaking process relating to amendments to orders.
``(ii) Issues.--At a minimum, the supplemental rules of
practice shall establish--
``(I) proposal submission requirements;
``(II) pre-hearing information session
specifications;
``(III) written testimony and data request
requirements;
``(IV) public participation timeframes; and
``(V) electronic document submission standards.
``(iii) Effective date.--The supplemental rules of
practice shall take effect not later than 120 days after
the date of enactment of this subparagraph, as determined
by the Secretary.
``(C) Hearing timeframes.--
``(i) In general.--Not more than 30 days after the
receipt of a proposal for an amendment hearing regarding a
milk marketing order, the Secretary shall--
``(I) issue a notice providing an action plan and
expected timeframes for completion of the hearing not
more than 120 days after the date of the issuance of
the notice;
``(II)(aa) issue a request for additional
information to be used by the Secretary in making a
determination regarding the proposal; and
``(bb) if the additional information is not
provided to the Secretary within the timeframe
requested by the Secretary, issue a denial of the
request; or
``(III) issue a denial of the request.
``(ii) Requirement.--A post-hearing brief may be filed
under this paragraph not later than 60 days after the date
of an amendment hearing regarding a milk marketing order.
``(iii) Recommended decisions.--A recommended decision
on a proposed amendment to an order shall be issued not
later than 90 days after the deadline for the submission of
post-hearing briefs.
``(iv) Final decisions.--A final decision on a proposed
amendment to an order shall be issued not later than 60
days after the deadline for submission of comments and
exceptions to the recommended decision issued under clause
(iii).
``(D) Industry assessments.--If the Secretary determines it
is necessary to improve or expedite rulemaking under this
subsection, the Secretary may impose an assessment on the
affected industry to supplement appropriated funds for the
procurement of service providers, such as court reporters.
``(E) Use of informal rulemaking.--The Secretary may use
rulemaking under section 553 of title 5, United States Code, to
amend orders, other than provisions of orders that directly
affect milk prices.
``(F) Avoiding duplication.--The Secretary shall not be
required to hold a hearing on any amendment proposed to be made
to a milk marketing order in response to an application for a
hearing on the proposed amendment if--
``(i) the application requesting the hearing is
received by the Secretary not later than 90 days after the
date on which the Secretary has announced the decision on a
previously proposed amendment to that order; and
``(ii) the 2 proposed amendments are essentially the
same, as determined by the Secretary.
``(G) Monthly feed and fuel costs for make allowances.--As
part of any hearing to adjust make allowances under marketing
orders commencing prior to September 30, 2012, the Secretary
shall--
``(i) determine the average monthly prices of feed and
fuel incurred by dairy producers in the relevant marketing
area;
``(ii) consider the most recent monthly feed and fuel
price data available; and
``(iii) consider those prices in determining whether or
not to adjust make allowances.''.
SEC. 1505. DAIRY INDEMNITY PROGRAM.
Section 3 of Public Law 90-484 (7 U.S.C. 450l) is amended by
striking ``2007'' and inserting ``2012''.
SEC. 1506. MILK INCOME LOSS CONTRACT PROGRAM.
(a) Definitions.--In this section:
(1) Class i milk.--The term ``Class I milk'' means milk
(including milk components) classified as Class I milk under a
Federal milk marketing order.
(2) Eligible production.--The term ``eligible production''
means milk produced by a producer in a participating State.
(3) Federal milk marketing order.--The term ``Federal milk
marketing order'' means an order issued under section 8c of the
Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937.
(4) Participating state.--The term ``participating State''
means each State.
(5) Producer.--The term ``producer'' means an individual or
entity that directly or indirectly (as determined by the
Secretary)--
(A) shares in the risk of producing milk; and
(B) makes contributions (including land, labor, management,
equipment, or capital) to the dairy farming operation of the
individual or entity that are at least commensurate with the
share of the individual or entity of the proceeds of the
operation.
(b) Payments.--The Secretary shall offer to enter into contracts
with producers on a dairy farm located in a participating State under
which the producers receive payments on eligible production.
(c) Amount.--Payments to a producer under this section shall be
calculated by multiplying (as determined by the Secretary)--
(1) the payment quantity for the producer during the applicable
month established under subsection (e);
(2) the amount equal to--
(A) $16.94 per hundredweight, as adjusted under subsection
(d); less
(B) the Class I milk price per hundredweight in Boston
under the applicable Federal milk marketing order; by
(3)(A) for the period beginning October 1, 2007, and ending
September 30, 2008, 34 percent;
(B) for the period beginning October 1, 2008, and ending August
31, 2012, 45 percent; and
(C) for the period beginning September 1, 2012, and thereafter,
34 percent.
(d) Payment Rate Adjustment for Feed Prices.--
(1) Initial adjustment authority.--During the period beginning
on January 1, 2008, and ending on August 31, 2012, if the National
Average Dairy Feed Ration Cost for a month during that period is
greater than $7.35 per hundredweight, the amount specified in
subsection (c)(2)(A) used to determine the payment rate for that
month shall be increased by 45 percent of the percentage by which
the National Average Dairy Feed Ration Cost exceeds $7.35 per
hundredweight.
(2) Subsequent adjustment authority.--For any month beginning
on or after September 1, 2012, if the National Average Dairy Feed
Ration Cost for the month is greater than $9.50 per hundredweight,
the amount specified in subsection (c)(2)(A) used to determine the
payment rate for that month shall be increased by 45 percent of the
percentage by which the National Average Dairy Feed Ration Cost
exceeds $9.50 per hundredweight.
(3) National average dairy feed ration cost.--For each month,
the Secretary shall calculate a National Average Dairy Feed Ration
Cost per hundredweight using the same procedures (adjusted to a
hundredweight basis) used to calculate the feed components of the
estimated price of 16% Mixed Dairy Feed per pound noted on page 33
of the USDA March 2008 Agricultural Prices publication (including
the data and factors noted in footnote 4).
(e) Payment Quantity.--
(1) In general.--Subject to paragraph (2), the payment quantity
for a producer during the applicable month under this section shall
be equal to the quantity of eligible production marketed by the
producer during the month.
(2) Limitation.--
(A) In general.--The payment quantity for all producers on
a single dairy operation for which the producers receive
payments under subsection (b) shall not exceed--
(i) for the period beginning October 1, 2007, and
ending September 30, 2008, 2,400,000 pounds;
(ii) for the period beginning October 1, 2008, and
ending August 31, 2012, 2,985,000 pounds for each fiscal
year; and
(iii) effective beginning September 1, 2012, 2,400,000
pounds per fiscal year.
(B) Standards.--For purposes of determining whether
producers are producers on separate dairy operations or a
single dairy operation, the Secretary shall apply the same
standards as were applied in implementing the dairy program
under section 805 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (as enacted into law by Public Law 106-387; 114 Stat.
1549A-50).
(3) Reconstitution.--The Secretary shall ensure that a producer
does not reconstitute a dairy operation for the sole purpose of
receiving additional payments under this section.
(f) Payments.--A payment under a contract under this section shall
be made on a monthly basis not later than 60 days after the last day of
the month for which the payment is made.
(g) Signup.--The Secretary shall offer to enter into contracts
under this section during the period beginning on the date that is 90
days after the date of enactment of this Act and ending on September
30, 2012.
(h) Duration of Contract.--
(1) In general.--Except as provided in paragraph (2), any
contract entered into by producers on a dairy farm under this
section shall cover eligible production marketed by the producers
on the dairy farm during the period starting with the first day of
month the producers on the dairy farm enter into the contract and
ending on September 30, 2012.
(2) Violations.--If a producer violates the contract, the
Secretary may--
(A) terminate the contract and allow the producer to retain
any payments received under the contract; or
(B) allow the contract to remain in effect and require the
producer to repay a portion of the payments received under the
contract based on the severity of the violation.
SEC. 1507. DAIRY PROMOTION AND RESEARCH PROGRAM.
(a) Extension of Dairy Promotion and Research Authority.--Section
113(e)(2) of the Dairy Production Stabilization Act of 1983 (7 U.S.C.
4504(e)(2)) is amended by striking ``2007'' and inserting ``2012''.
(b) Definition of United States for Promotion Program.--Section 111
of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502) is
amended--
(1) by striking subsection (l) and inserting the following:
``(l) the term `United States', when used in a geographical sense,
means all of the States, the District of Columbia, and the Commonwealth
of Puerto Rico;''; and
(2) in subsection (m), by striking ``(as defined in subsection
(l))''.
(c) Definition of United States for Research Program.--Section 130
of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4531)) is
amended by striking paragraph (12) and inserting the following:
``(12) the term `United States', when used in a geographical
sense, means all of the States, the District of Columbia, and the
Commonwealth of Puerto Rico.''.
(d) Assessment Rate for Imported Dairy Products.--Section 113(g) of
the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(g)) is
amended by striking paragraph (3) and inserting the following:
``(3) Rate.--
``(A) In general.--The rate of assessment for milk produced
in the United States prescribed by the order shall be 15 cents
per hundredweight of milk for commercial use or the equivalent
thereof, as determined by the Secretary.
``(B) Imported dairy products.--The rate of assessment for
imported dairy products prescribed by the order shall be 7.5
cents per hundredweight of milk for commercial use or the
equivalent thereof, as determined by the Secretary.''.
(e) Time and Method of Importer Payments.--Section 113(g)(6) of the
Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(g)(6)) is
amended--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraph (C) as subparagraph (B).
(f) Refund of Assessments on Certain 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 shall be entitled to a
refund of any assessment paid under this subsection on imported
dairy products imported under a contract entered into prior to
the date of enactment of the Food, Conservation, and Energy Act
of 2008.
``(B) Expiration.--Refunds under subparagraph (A) shall
expire 1 year after the date of enactment of the Food,
Conservation, and Energy Act of 2008.''.
SEC. 1508. REPORT ON DEPARTMENT OF AGRICULTURE REPORTING PROCEDURES FOR
NONFAT DRY MILK.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report regarding Department of Agriculture
reporting procedures for nonfat dry milk and the impact of the
procedures on Federal milk marketing order minimum prices during the
period beginning on July 1, 2006, and ending on the date of enactment
of this Act.
SEC. 1509. FEDERAL MILK MARKETING ORDER REVIEW COMMISSION.
(a) Establishment.--Subject to the availability of appropriations
to carry out this section, the Secretary shall establish a commission
to be known as the ``Federal Milk Marketing Order Review Commission''
(referred to in this section as the ``commission''), which shall
conduct a comprehensive review and evaluation of--
(1) the Federal milk marketing order system in effect on the
date of establishment of the commission; and
(2) non-Federal milk marketing order systems.
(b) Elements of Review and Evaluation.--As part of the review and
evaluation under subsection (a), the commission shall consider
legislative and regulatory options for--
(1) ensuring that the competitiveness of dairy products with
other competing products in the marketplace is preserved and
enhanced;
(2) enhancing the competitiveness of American dairy producers
in world markets;
(3) ensuring the competitiveness and transparency in dairy
pricing;
(4) streamlining and expediting the process by which amendments
to Federal milk market orders are adopted;
(5) simplifying the Federal milk marketing order system;
(6) evaluating whether the Federal milk marketing order system
serves the interests of dairy producers, consumers, and dairy
processors; and
(7) evaluating the nutritional composition of milk, including
the potential benefits and costs of adjusting the milk content
standards.
(c) Membership.--
(1) Composition.--The commission shall consist of 14 members.
(2) Members.--As soon as practicable after the date on which
funds are first made available to carry out this section, the
Secretary shall appoint members to the commission according to the
following requirements:
(A) At least 1 member shall represent a national consumer
organization.
(B) At least 4 members shall represent land-grant
universities or NLGCA Institutions (as defined in section 1404
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)) with accredited dairy
economic programs, with at least 2 of those members being
experts in the field of economics.
(C) At least 1 member shall represent the food and beverage
retail sector.
(D) 4 dairy producers and 4 dairy processors, appointed so
as to balance geographical distribution of milk production and
dairy processing, reflect all segments of dairy processing, and
represent all regions of the United States equitably, including
States that operate outside of a Federal milk marketing order.
(3) Chair.--The commission shall elect 1 of the appointed
members of the commission to serve as chairperson for the duration
of the proceedings of the commission.
(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 budget authority for necessary and reasonable expenses
incurred in the performance of the duties of the commission.
(d) Report.--
(1) In general.--Not later than 2 years after the date of the
first meeting of the commission, the commission shall submit to
Congress and the Secretary a report describing the results of the
review and evaluation conducted under this section, including such
recommendations regarding the legislative and regulatory options
considered under subsection (b) as the commission considers to be
appropriate.
(2) Opinions.--The report findings shall reflect, to the
maximum extent practicable, a consensus opinion of the commission
members, but the report may include majority and minority findings
regarding those matters for which consensus was not reached.
(e) Advisory Nature.--The commission is wholly advisory in nature,
and the recommendations of the commission are nonbinding.
(f) No Effect on Existing Programs.--The Secretary shall not allow
the existence of the commission to impede, delay, or otherwise affect
any decisionmaking process of the Department of Agriculture, including
any rulemaking procedures planned, proposed, or near completion.
(g) Administrative Assistance.--The Secretary shall provide
administrative support to the commission, and expend to carry out this
section such funds as necessary from budget authority available to the
Secretary.
(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 effective on the
date of the submission of the report under subsection (d).
SEC. 1510. MANDATORY REPORTING OF DAIRY COMMODITIES.
(a) Electronic Reporting.--Section 273 of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1637b) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Electronic Reporting.--
``(1) In general.--Subject to the availability of funds under
paragraph (3), the Secretary shall establish an electronic
reporting system to carry out this section.
``(2) Frequency of reports.--After the establishment of the
electronic reporting system in accordance with paragraph (1), the
Secretary shall increase the frequency of the reports required
under this section.
``(3) Authorization of appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
subsection.''.
(b) Quarterly Audits.--Section 273(c) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1637b(c)) is amended by striking paragraph (3)
and inserting the following:
``(3) Verification.--
``(A) In general.--The Secretary shall take such actions as
the Secretary considers necessary to verify the accuracy of the
information submitted or reported under this subtitle.
``(B) Quarterly audits.--The Secretary shall quarterly
conduct an audit of information submitted or reported under
this subtitle and compare such information with other related
dairy market statistics.''.
Subtitle F--Administration
SEC. 1601. ADMINISTRATION GENERALLY.
(a) Use of Commodity Credit Corporation.--Except as otherwise
provided in this title, the Secretary shall use the funds, facilities,
and authorities of the Commodity Credit Corporation to carry out this
title.
(b) Determinations by Secretary.--A determination made by the
Secretary under this title shall be final and conclusive.
(c) Regulations.--
(1) In general.--Except as otherwise provided in this
subsection, not later than 90 days after the date of enactment of
this Act, the Secretary and the Commodity Credit Corporation, as
appropriate, shall promulgate such regulations as are necessary to
implement this title and the amendments made by this title.
(2) Procedure.--The promulgation of the regulations and
administration of this title and the amendments made by this title
shall be made without regard to--
(A) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'');
(B) 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
(C) the notice and comment provisions of section 553 of
title 5, United States Code.
(3) Congressional review of agency rulemaking.--In carrying out
this subsection, the Secretary shall use the authority provided
under section 808 of title 5, United States Code.
(4) Interim regulations.--Notwithstanding paragraphs (1) and
(2), the Secretary shall implement the amendments made by sections
1603 and 1604 for the 2009 crop, fiscal, or program year, as
appropriate, through the promulgation of an interim rule.
(d) Adjustment Authority Related to Trade Agreements Compliance.--
(1) Required determination; adjustment.--If the Secretary
determines that expenditures under this title that are subject to
the total allowable domestic support levels under the Uruguay Round
Agreements (as defined in section 2 of the Uruguay Round Agreements
Act (19 U.S.C. 3501)) will exceed such allowable levels for any
applicable reporting period, the Secretary shall, to the maximum
extent practicable, make adjustments in the amount of such
expenditures during that period to ensure that such expenditures do
not exceed such allowable levels.
(2) Congressional notification.--Before making any adjustment
under paragraph (1), the Secretary shall submit to the Committee on
Agriculture of the House of Representatives or the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
describing the determination made under that paragraph and the
extent of the adjustment to be made.
(e) Treatment of Advance Payment Option.--Section 1601(d) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7991(d)) is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the advance payment of direct payments and counter-
cyclical payments under title I of the Food, Conservation, and
Energy Act of 2008.''.
SEC. 1602. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--The following provisions
of the Agricultural Adjustment Act of 1938 shall not be applicable to
the 2008 through 2012 crops of covered commodities, peanuts, and sugar
and shall not be applicable to milk during the period beginning on the
date of enactment of this Act through December 31, 2012:
(1) Parts II through V of subtitle B of title III (7 U.S.C.
1326 et seq.).
(2) In the case of upland cotton, section 377 (7 U.S.C. 1377).
(3) Subtitle D of title III (7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C. 1401 et seq.).
(b) Agricultural Act of 1949.--The following provisions of the
Agricultural Act of 1949 shall not be applicable to the 2008 through
2012 crops of covered commodities, peanuts, and sugar and shall not be
applicable to milk during the period beginning on the date of enactment
of this Act and through December 31, 2012:
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447 et seq.).
(10) Title IV (7 U.S.C. 1421 et seq.), other than sections 404,
412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(11) Title V (7 U.S.C. 1461 et seq.).
(12) Title VI (7 U.S.C. 1471 et seq.).
(c) Suspension of Certain Quota Provisions.--The joint resolution
entitled ``A joint resolution relating to corn and wheat marketing
quotas under the Agricultural Adjustment Act of 1938, as amended'',
approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable
to the crops of wheat planted for harvest in the calendar years 2008
through 2012.
SEC. 1603. PAYMENT LIMITATIONS.
(a) Extension of Limitations.--Sections 1001 and 1001C(a) of the
Food Security Act of 1985 (7 U.S.C. 1308, 1308-3(a)) are amended by
striking ``Farm Security and Rural Investment Act of 2002'' each place
it appears and inserting ``Food, Conservation, and Energy Act of
2008''.
(b) Revision of Limitations.--
(1) Definitions.--Section 1001(a) of the Food Security Act of
1985 (7 U.S.C. 1308(a)) is amended--
(A) in the matter preceding paragraph (1), by inserting
``through section 1001F''after ``section'';
(B) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (5); and
(C) by inserting after paragraph (1) the following:
``(2) Family member.--The term `family member' means a person
to whom a member in the farming operation is related as lineal
ancestor, lineal descendant, sibling, spouse, or otherwise by
marriage.
``(3) Legal entity.--The term `legal entity' means an entity
that is created under Federal or State law and that--
``(A) owns land or an agricultural commodity; or
``(B) produces an agricultural commodity.
``(4) Person.--The term `person' means a natural person, and
does not include a legal entity.''.
(2) Limitation on direct payments and counter-cyclical
payments.--Section 1001 of the Food Security Act of 1985 (7 U.S.C.
1308) is amended by striking subsections (b), (c), and (d) and
inserting the following:
``(b) Limitation on Direct Payments, Counter-Cyclical Payments, and
ACRE Payments for Covered Commodities (other Than Peanuts).--
``(1) Direct payments.--The total amount of direct payments
received, directly or indirectly, by a person or legal entity
(except a joint venture or a general partnership) for any crop year
under subtitle A of title I of the Food, Conservation, and Energy
Act of 2008 for 1 or more covered commodities (except for peanuts)
may not exceed--
``(A) in the case of a person or legal entity that does not
participate in the average crop revenue election program under
section 1105 of that Act, $40,000; or
``(B) in the case of a person or legal entity that
participates in the average crop revenue election program under
section 1105 of that Act, an amount equal to--
``(i) the payment limit specified in subparagraph (A);
less
``(ii) the amount of the reduction in direct payments
under section 1105(a)(1) of that Act.
``(2) Counter-cyclical payments.--In the case of a person or
legal entity (except a joint venture or a general partnership) that
does not participate in the average crop revenue election program
under section 1105 of the Food, Conservation, and Energy Act of
2008, the total amount of counter-cyclical payments received,
directly or indirectly, by the person or legal entity for any crop
year under subtitle A of title I of that Act for 1 or more covered
commodities (except for peanuts) may not exceed $65,000.
``(3) ACRE and counter-cyclical payments.--In the case of a
person or legal entity (except a joint venture or a general
partnership) that participates in the average crop revenue election
program under section 1105 of the Food, Conservation, and Energy
Act of 2008, the total amount of average crop revenue election
payments and counter-cyclical payments received, directly or
indirectly, by the person or legal entity for any crop year for 1
or more covered commodities (except for peanuts) may not exceed the
sum of--
``(A) $65,000; and
``(B) the amount by which the direct payment limitation is
reduced under paragraph (1)(B).
``(c) Limitation on Direct Payments, Counter-Cyclical Payments, and
ACRE Payments for Peanuts.--
``(1) Direct payments.--The total amount of direct payments
received, directly or indirectly, by a person or legal entity
(except a joint venture or a general partnership) for any crop year
under subtitle C of title I of the Food, Conservation, and Energy
Act of 2008 for peanuts may not exceed--
``(A) in the case of a person or legal entity that does not
participate in the average crop revenue election program under
section 1105 of that Act, $40,000; or
``(B) in the case of a person or legal entity that
participates in the average crop revenue election program under
section 1105 of that Act, an amount equal to--
``(i) the payment limit specified in subparagraph (A);
less
``(ii) the amount of the reduction in direct payments
under section 1105(a)(1) of that Act.
``(2) Counter-cyclical payments.--In the case of a person or
legal entity (except a joint venture or a general partnership) that
does not participate in the average crop revenue election program
under section 1105 of the Food, Conservation, and Energy Act of
2008, the total amount of counter-cyclical payments received,
directly or indirectly, by the person or legal entity for any crop
year under subtitle C of title I of that Act for peanuts may not
exceed $65,000.
``(3) ACRE and counter-cyclical payments.--In the case of a
person or legal entity (except a joint venture or a general
partnership) that participates in the average crop revenue election
program under section 1105 of the Food, Conservation, and Energy
Act of 2008, the total amount of average crop revenue election
payments received, directly or indirectly, by the person or legal
entity for any crop year for peanuts may not exceed the sum of--
``(A) $65,000; and
``(B) the amount by which the direct payment limitation is
reduced under paragraph (1)(B).
``(d) Limitation on Applicability.--Nothing in this section
authorizes any limitation on any benefit associated with the marketing
assistance loan program or the loan deficiency payment program under
title I of the Food, Conservation, and Energy Act of 2008.''.
(3) Direct attribution.--Section 1001 of the Food Security Act
of 1985 (7 U.S.C. 1308) is amended--
(A) by striking subsections (e) and (f) and redesignating
subsection (g) as subsection (h); and
(B) by inserting after subsection (d) the following:
``(e) Attribution of Payments.--
``(1) In general.--In implementing subsections (b) and (c) and
a program described in paragraphs (1)(C) and (2)(B) of section
1001D(b), the Secretary shall issue such regulations as are
necessary to ensure that the total amount of payments are
attributed to a person by taking into account the direct and
indirect ownership interests of the person in a legal entity that
is eligible to receive the payments.
``(2) Payments to a person.--Each payment made directly to a
person shall be combined with the pro rata interest of the person
in payments received by a legal entity in which the person has a
direct or indirect ownership interest unless the payments of the
legal entity have been reduced by the pro rata share of the person.
``(3) Payments to a legal entity.--
``(A) In general.--Each payment made to a legal entity
shall be attributed to those persons who have a direct or
indirect ownership interest in the legal entity unless the
payment to the legal entity has been reduced by the pro rata
share of the person.
``(B) Attribution of payments.--
``(i) Payment limits.--Except as provided in clause
(ii), payments made to a legal entity shall not exceed the
amounts specified in subsections (b) and (c).
``(ii) Exception for joint ventures and general
partnerships.--Payments made to a joint venture or a
general partnership shall not exceed, for each payment
specified in subsections (b) and (c), the amount determined
by multiplying the maximum payment amount specified in
subsections (b) and (c) by the number of persons and legal
entities (other than joint ventures and general
partnerships) that comprise the ownership of the joint
venture or general partnership.
``(iii) Reduction.--Payments made to a legal entity
shall be reduced proportionately by an amount that
represents the direct or indirect ownership in the legal
entity by any person or legal entity that has otherwise
exceeded the applicable maximum payment limitation.
``(4) 4 levels of attribution for embedded legal entities.--
``(A) In general.--Attribution of payments made to legal
entities shall be traced through 4 levels of ownership in legal
entities.
``(B) First level.--Any payments made to a legal entity (a
first-tier legal 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 legal entity
by the person.
``(C) Second level.--
``(i) In general.--Any payments made to a first-tier
legal entity that is owned (in whole or in part) by another
legal entity (a second-tier legal entity) shall be
attributed to the second-tier legal entity in proportion to
the ownership of the second-tier legal entity in the first-
tier legal entity.
``(ii) Ownership by a person.--If the second-tier legal
entity is owned (in whole or in part) by a person, the
amount of the payment made to the first-tier legal entity
shall be attributed to the person in the amount that
represents the indirect ownership in the first-tier legal
entity by the person.
``(D) Third and fourth levels.--
``(i) In general.--Except as provided in clause (ii),
the Secretary shall attribute payments at the third and
fourth tiers of ownership in the same manner as specified
in subparagraph (C).
``(ii) Fourth-tier ownership.--If the fourth-tier of
ownership is that of a fourth-tier legal entity and not
that of a person, the Secretary shall reduce the amount of
the payment to be made to the first-tier legal entity in
the amount that represents the indirect ownership in the
first-tier legal entity by the fourth-tier legal entity.
``(f) Special Rules.--
``(1) Minor children.--
``(A) In general.--Except as provided in subparagraph (B),
payments received by a child under the age of 18 shall be
attributed to the parents of the child.
``(B) Regulations.--The Secretary shall issue regulations
specifying the conditions under which payments received by a
child under the age of 18 will not be attributed to the parents
of the child.
``(2) Marketing cooperatives.--Subsections (b) and (c) shall
not apply to a cooperative association of producers with respect to
commodities produced by the members of the association that are
marketed by the association on behalf of the members of the
association but shall apply to the producers as persons.
``(3) Trusts and estates.--
``(A) In general.--With respect to irrevocable trusts and
estates, the Secretary shall administer this section through
section 1001F in such manner as the Secretary determines will
ensure the fair and equitable treatment of the beneficiaries of
the trusts and estates.
``(B) Irrevocable trust.--
``(i) In general.--In order for a trust to be
considered an irrevocable trust, the terms of the trust
agreement shall not--
``(I) allow for modification or termination of the
trust by the grantor;
``(II) allow for the grantor to have any future,
contingent, or remainder interest in the corpus of the
trust; or
``(III) except as provided in clause (ii), provide
for the transfer of the corpus of the trust to the
remainder beneficiary in less than 20 years beginning
on the date the trust is established.
``(ii) Exception.--Clause (i)(III) shall not apply in a
case in which the transfer is--
``(I) contingent on the remainder beneficiary
achieving at least the age of majority; or
``(II) contingent on the death of the grantor or
income beneficiary.
``(C) Revocable trust.--For the purposes of this section
through section 1001F, a revocable trust shall be considered to
be the same person as the grantor of the trust.
``(4) Cash rent tenants.--
``(A) Definition.--In this paragraph, the term `cash rent
tenant' means a person or legal entity that rents land--
``(i) for cash; or
``(ii) for a crop share guaranteed as to the amount of
the commodity to be paid in rent.
``(B) Restriction.--A cash rent tenant who makes a
significant contribution of active personal management, but not
of personal labor, with respect to a farming operation shall be
eligible to receive a payment described in subsection (b) or
(c) only if the tenant makes a significant contribution of
equipment to the farming operation.
``(5) Federal agencies.--
``(A) In general.--Notwithstanding subsection (d), a
Federal agency shall not be eligible to receive any payment,
benefit, or loan under title I of the Food, Conservation, and
Energy Act of 2008 or title XII of this Act.
``(B) Land rental.--A lessee of land owned by a Federal
agency may receive a payment described in subsection (b), (c),
or (d) if the lessee otherwise meets all applicable criteria.
``(6) State and local governments.--
``(A) In general.--Notwithstanding subsection (d), except
as provided in subsection (g), a State or local government, or
political subdivision or agency of the government, shall not be
eligible to receive any payment, benefit, or loan under title I
of the Food, Conservation, and Energy Act of 2008 or title XII
of this Act.
``(B) Tenants.--A lessee of land owned by a State or local
government, or political subdivision or agency of the
government, may receive payments described in subsections (b),
(c), and (d) if the lessee otherwise meets all applicable
criteria.
``(7) Changes in farming operations.--
``(A) In general.--In the administration of this section
through section 1001F, the Secretary may not approve any change
in a farming operation that otherwise will increase the number
of persons to which the limitations under this section are
applied unless the Secretary determines that the change is bona
fide and substantive.
``(B) Family members.--The addition of a family member to a
farming operation under the criteria set out in section 1001A
shall be considered a bona fide and substantive change in the
farming operation.
``(8) Death of owner.--
``(A) In general.--If any ownership interest in land or a
commodity is transferred as the result of the death of a
program participant, the new owner of the land or commodity
may, if the person is otherwise eligible to participate in the
applicable program, succeed to the contract of the prior owner
and receive payments subject to this section without regard to
the amount of payments received by the new owner.
``(B) Limitations on prior owner.--Payments made under this
paragraph shall not exceed the amount to which the previous
owner was entitled to receive under the terms of the contract
at the time of the death of the prior owner.
``(g) Public Schools.--
``(1) In general.--Notwithstanding subsection (f)(6)(A), a
State or local government, or political subdivision or agency of
the government, shall be eligible, subject to the limitation in
paragraph (2), to receive a payment described in subsection (b) or
(c) for land owned by the State or local government, or political
subdivision or agency of the government, that is used to maintain a
public school.
``(2) Limitation.--
``(A) In general.--For each State, the total amount of
payments described in subsections (b) and (c) that are received
collectively by the State and local government and all
political subdivisions or agencies of those governments shall
not exceed $500,000.
``(B) Exception.--The limitation in subparagraph (A) shall
not apply to States with a population of less than
1,500,000.''.
(c) Repeal of 3-Entity Rule.--Section 1001A of the Food Security
Act of 1985 (7 U.S.C. 1308-1) is amended--
(1) in the section heading, by striking ``prevention of
creation of entities to qualify as separate persons'' and inserting
``notification of interests''; and
(2) by striking subsection (a) and inserting the following:
``(a) Notification of Interests.--To facilitate administration of
section 1001 and this section, each person or legal entity receiving
payments described in subsections (b) and (c) of section 1001 as a
separate person or legal entity shall separately provide to the
Secretary, at such times and in such manner as prescribed by the
Secretary--
``(1) the name and social security number of each person, or
the name and taxpayer identification number of each legal entity,
that holds or acquires an ownership interest in the separate person
or legal entity; and
``(2) the name and taxpayer identification number of each legal
entity in which the person or legal entity holds an ownership
interest.''.
(d) Amendment for Consistency.--Section 1001A of the Food Security
Act of 1985 (7 U.S.C. 1308-1) is amended by striking subsection (b) and
inserting the following:
``(b) Actively Engaged.--
``(1) In general.--To be eligible to receive a payment
described in subsection (b) or (c) of section 1001, a person or
legal entity shall be actively engaged in farming with respect to a
farming operation as provided in this subsection or subsection (c).
``(2) Classes actively engaged.--Except as provided in
subsections (c) and (d)--
``(A) a person (including a 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) shall be considered to be actively engaged in
farming with respect to a farming operation if--
``(i) the person makes a significant contribution
(based on the total value of the farming operation) to the
farming operation of--
``(I) capital, equipment, or land; and
``(II) personal labor or active personal
management;
``(ii) the person's share of the profits or losses from
the farming operation is commensurate with the
contributions of the person to the farming operation; and
``(iii) the contributions of the person are at risk;
``(B) a legal entity that is a corporation, joint stock
company, association, limited partnership, charitable
organization, or other similar entity determined by the
Secretary (including any such legal entity participating in the
farming operation as a partner in a general partnership, a
participant in a joint venture, a grantor of a revocable trust,
or as a participant in a similar legal entity as determined by
the Secretary) shall be considered as actively engaged in
farming with respect to a farming operation if--
``(i) the legal entity separately makes a significant
contribution (based on the total value of the farming
operation) of capital, equipment, or land;
``(ii) the stockholders or members collectively make a
significant contribution of personal labor or active
personal management to the operation; and
``(iii) the standards provided in clauses (ii) and
(iii) of subparagraph (A), as applied to the legal entity,
are met by the legal entity;
``(C) if a legal entity that is 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, and the standards provided in
clauses (ii) and (iii) of subparagraph (A), as applied to the
legal entity, are met by the legal entity, the partners or
members making a significant contribution of personal labor or
active personal management shall be considered to be actively
engaged in farming with respect to the farming operation
involved; and
``(D) in making determinations under this subsection
regarding equipment and personal labor, the Secretary shall
take into consideration the equipment and personal labor
normally and customarily provided by farm operators in the area
involved to produce program crops.
``(c) Special Classes Actively Engaged.--
``(1) Landowner.--A person or legal entity that is a landowner
contributing the owned land to a farming operation shall be
considered to be actively engaged in farming with respect to the
farming operation if--
``(A) the landowner receives rent or income for the use of
the land based on the production on the land or the operating
results of the operation; and
``(B) the person or legal entity meets the standards
provided in clauses (ii) and (iii) of subsection (b)(2)(A).
``(2) Adult family member.--If a majority of the participants
in a farming operation are family members, an adult family member
shall be considered to be actively engaged in farming with respect
to the farming operation if the person--
``(A) makes a significant contribution, based on the total
value of the farming operation, of active personal management
or personal labor; and
``(B) with respect to such contribution, meets the
standards provided in clauses (ii) and (iii) of subsection
(b)(2)(A).
``(3) Sharecropper.--A sharecropper who makes a significant
contribution of personal labor to a farming operation shall be
considered to be actively engaged in farming with respect to the
farming operation if the contribution meets the standards provided
in clauses (ii) and (iii) of subsection (b)(2)(A).
``(4) Growers of hybrid seed.--In determining whether a person
or legal entity growing hybrid seed under contract shall be
considered to be actively engaged in farming, the Secretary shall
not take into consideration the existence of a hybrid seed
contract.
``(5) Custom farming services.--
``(A) In general.--A person or legal entity receiving
custom farming services shall be considered separately eligible
for payment limitation purposes if the person or legal entity
is actively engaged in farming based on subsection (b)(2) or
paragraphs (1) through (4) of this subsection.
``(B) Prohibition.--No other rules with respect to custom
farming shall apply.
``(6) Spouse.--If 1 spouse (or estate of a deceased spouse) is
determined to be actively engaged, the other spouse shall be
determined to have met the requirements of subsection
(b)(2)(A)(i)(II).
``(d) Classes Not Actively Engaged.--
``(1) Cash rent landlord.--A landlord contributing land to a
farming operation shall not be considered to be actively engaged in
farming with respect to the farming operation if the landlord
receives cash rent, or a crop share guaranteed as to the amount of
the commodity to be paid in rent, for the use of the land.
``(2) Other persons and legal entities.--Any other person or
legal entity that the Secretary determines does not meet the
standards described in subsections (b)(2) and (c) shall not be
considered to be actively engaged in farming with respect to a
farming operation.''.
(e) Denial of Program Benefits.--Section 1001B of the Food Security
Act of 1985 (7 U.S.C. 1308-2) is amended to read as follows:
``SEC. 1001B. DENIAL OF PROGRAM BENEFITS.
``(a) 2-Year Denial of Program Benefits.--A person or legal entity
shall be ineligible to receive payments specified in subsections (b)
and (c) of section 1001 for the crop year, and the succeeding crop
year, in which the Secretary determines that the person or legal
entity--
``(1) failed to comply with section 1001A(b) and adopted or
participated in adopting a scheme or device to evade the
application of section 1001, 1001A, or 1001C; or
``(2) intentionally concealed the interest of the person or
legal entity in any farm or legal entity engaged in farming.
``(b) Extended Ineligibility.--If the Secretary determines that a
person or legal entity, for the benefit of the person or legal entity
or the benefit of any other person or legal entity, has knowingly
engaged in, or aided in the creation of a fraudulent document, failed
to disclose material information relevant to the administration of
sections 1001 through 1001F, or committed other equally serious actions
(as identified in regulations issued by the Secretary), the Secretary
may for a period not to exceed 5 crop years deny the issuance of
payments to the person or legal entity.
``(c) Pro Rata Denial.--
``(1) In general.--Payments otherwise owed to a person or legal
entity described in subsections (a) or (b) shall be denied in a pro
rata manner based on the ownership interest of the person or legal
entity in a farm.
``(2) Cash rent tenant.--Payments otherwise payable to a person
or legal entity shall be denied in a pro rata manner if the person
or legal entity is a cash rent tenant on a farm owned or under the
control of a person or legal entity with respect to which a
determination has been made under subsection (a) or (b).
``(d) Joint and Several Liability.--Any legal entity (including
partnerships and joint ventures) and any member of any legal entity
determined to have knowingly participated in a scheme or device to
evade, or that has the purpose of evading, sections 1001, 1001A, or
1001C shall be jointly and severally liable for any amounts that are
payable to the Secretary as the result of the scheme or device
(including amounts necessary to recover those amounts).
``(e) Release.--The Secretary may partially or fully release from
liability any person or legal entity who cooperates with the Secretary
in enforcing sections 1001, 1001A, and 1001C, and this section.''.
(f) Conforming Amendment to Apply Direct Attribution to NAP.--
(1) In general.--Section 196(i) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333(i)) is amended--
(A) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Definitions.--In this subsection, the terms `legal
entity' and `person' have the meanings given those terms in section
1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)).
``(2) Payment limitation.--The total amount of payments
received, directly or indirectly, by a person or legal entity
(excluding a joint venture or general partnership) for any crop
year may not exceed $100,000.'';
(B) by striking paragraph (4) and inserting the following:
``(4) Adjusted gross income limitation.--A person or legal
entity that has an average adjusted gross income in excess of the
average adjusted gross income limitation applicable under section
1001D(b)(1)(A) of the Food Security Act of 1985 (7 U.S.C. 1308-
3a(b)(1)(A)), or a successor provision, shall not be eligible to
receive noninsured crop disaster assistance under this section.'';
and
(C) in paragraph (5)--
(i) by striking ``necessary to ensure'' and inserting
``necessary--
``(A) to ensure''; and
(ii) by striking ``this subsection.'' and inserting the
following: ``this subsection; and
``(B) to ensure that payments under this section are
attributed to a person or legal entity (excluding a joint
venture or general partnership) in accordance with the terms
and conditions of sections 1001 through 1001D of the Food
Security Act of 1985 (7 U.S.C. 1308 et seq.), as determined by
the Secretary.''.
(2) Transition.--Section 196(i) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333(i)), as in effect
on September 30, 2007, shall apply with respect to the 2007 and
2008 crops of any eligible crop.
(g) Conforming Amendments.--
(1) Section 1009(e) of the Food Security Act of 1985 (7 U.S.C.
1308a(e)) is amended in the second sentence by striking ``of
$50,000''.
(2) Section 609(b)(1) of the Emergency Livestock Feed
Assistance Act of 1988 (7 U.S.C. 1471g(b)(1)) is amended by
inserting ``(before the amendment made by section 1703(a) of the
Food, Conservation, and Energy Act of 2008)'' after ``1985''.
(3) Section 524(b)(3) of the Federal Crop Insurance Act (7
U.S.C. 1524(b)(3)) is amended by inserting ``(before the amendment
made by section 1703(a) of the Food, Conservation, and Energy Act
of 2008)'' after ``1308(5)))''.
(4) Section 10204(c)(1) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8204(c)(1)) is amended by
inserting ``(before the amendment made by section 1703(a) of the
Food, Conservation, and Energy Act of 2008)'' after ``1308)''.
(5) Section 1271(c)(3)(A) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(A)) is
amended by inserting ``(before the amendment made by section
1703(a) of the Food, Conservation, and Energy Act of 2008)'' after
``1308)''.
(6) Section 291(2) of the Trade Act of 1974 (19 U.S.C. 2401(2))
is amended by inserting ``(before the amendment made by section
1703(a) of the Food, Conservation, and Energy Act of 2008)'' before
the period at the end.
(h) Transition.--Section 1001, 1001A, and 1001B of the Food
Security Act of 1985 (7 U.S.C. 1308, 1308-1, 1308-2), as in effect on
September 30, 2007, shall continue to apply with respect to the 2007
and 2008 crops of any covered commodity or peanuts.
SEC. 1604. ADJUSTED GROSS INCOME LIMITATION.
(a) In General.--Section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a(e)) is amended to read as follows:
``SEC. 1001D. ADJUSTED GROSS INCOME LIMITATION.
``(a) Definitions.--
``(1) In general.--In this section:
``(A) Average adjusted gross income.--The term `average
adjusted gross income', with respect to a person or legal
entity, means the average of the adjusted gross income or
comparable measure of the person or legal entity over the 3
taxable years preceding the most immediately preceding complete
taxable year, as determined by the Secretary.
``(B) Average adjusted gross farm income.--The term
`average adjusted gross farm income', with respect to a person
or legal entity, means the average of the portion of adjusted
gross income of the person or legal entity that is attributable
to activities related to farming, ranching, or forestry for the
3 taxable years described in subparagraph (A), as determined by
the Secretary in accordance with subsection (c).
``(C) Average adjusted gross nonfarm income.--The term
`average adjusted gross nonfarm income', with respect to a
person or legal entity, means the difference between--
``(i) the average adjusted gross income of the person
or legal entity; and
``(ii) the average adjusted gross farm income of the
person or legal entity.
``(2) Special rules for certain persons and legal entities.--In
the case of a legal entity that is not required to file a Federal
income tax return or a person or legal entity that did not have
taxable income in 1 or more of the taxable years used to determine
the average under subparagraph (A) or (B) of paragraph (1), the
Secretary shall provide, by regulation, a method for determining
the average adjusted gross income, the average adjusted gross farm
income, and the average adjusted gross nonfarm income of the person
or legal entity for purposes of this section.
``(3) Allocation of income.--On the request of any person
filing a joint tax return, the Secretary shall provide for the
allocation of average adjusted gross income, average adjusted gross
farm income, and average adjusted gross nonfarm income among the
persons filing the return if--
``(A) the person provides a certified statement by a
certified public accountant or attorney that specifies the
method by which the average adjusted gross income, average
adjusted gross farm income, and average adjusted gross nonfarm
income would have been declared and reported had the persons
filed 2 separate returns; and
``(B) the Secretary determines that the method described in
the statement is consistent with the information supporting the
filed joint tax return.
``(b) Limitations.--
``(1) Commodity programs.--
``(A) Nonfarm limitation.--Notwithstanding any other
provision of law, a person or legal entity shall not be
eligible to receive any benefit described in subparagraph (C)
during a crop, fiscal, or program year, as appropriate, if the
average adjusted gross nonfarm income of the person or legal
entity exceeds $500,000.
``(B) Farm limitation.--Notwithstanding any other provision
of law, a person or legal entity shall not be eligible to
receive a direct payment under subtitle A or C of title I of
the Food, Conservation, and Energy Act of 2008 during a crop
year, if the average adjusted gross farm income of the person
or legal entity exceeds $750,000.
``(C) Covered benefits.--Subparagraph (A) applies with
respect to the following:
``(i) A direct payment or counter-cyclical payment
under subtitle A or C of title I of the Food, Conservation,
and Energy Act of 2008 or an average crop revenue election
payment under subtitle A of title I of that Act.
``(ii) A marketing loan gain or loan deficiency payment
under subtitle B or C of title I of the Food, Conservation,
and Energy Act of 2008.
``(iii) A payment or benefit under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
``(iv) A payment or benefit under section 1506 of the
Food, Conservation, and Energy Act of 2008.
``(v) A payment or benefit under title IX of the Trade
Act of 1974 or subtitle B of the Federal Crop Insurance
Act.
``(2) Conservation programs.--
``(A) Limits.--
``(i) In general.--Notwithstanding any other provision
of law, except as provided in clause (ii), a person or
legal entity shall not be eligible to receive any benefit
described in subparagraph (B) during a crop, fiscal, or
program year, as appropriate, if the average adjusted gross
nonfarm income of the person or legal entity exceeds
$1,000,000, unless not less than 66.66 percent of the
average adjusted gross income of the person or legal entity
is average adjusted gross farm income.
``(ii) Exception.--The Secretary may waive the
limitation established under clause (i) on a case-by-case
basis if the Secretary determines that environmentally
sensitive land of special significance would be protected.
``(B) Covered benefits.--Subparagraph (A) applies with
respect to the following:
``(i) A payment or benefit under title XII of this Act.
``(ii) A payment or benefit under title II of the Farm
Security and Rural Investment Act of 2002 (Public Law 107-
171; 116 Stat. 223) or title II of the Food, Conservation,
and Energy Act of 2008.
``(iii) A payment or benefit under section 524(b) of
the Federal Crop Insurance Act (7 U.S.C. 1524(b)).
``(c) Income Determination.--
``(1) In general.--In determining the average adjusted gross
farm income of a person or legal entity, the Secretary shall
include income or benefits derived from or related to--
``(A) the production of crops, including specialty crops
(as defined in section 3 of the Specialty Crops Competitiveness
Act of 2004 (7 U.S.C. 1621 note; Public Law 108-465)) and
unfinished raw forestry products;
``(B) the production of livestock (including cattle, elk,
reindeer, bison, horses, deer, sheep, goats, swine, poultry,
fish, and other aquacultural products used for food, honeybees,
and other animals designated by the Secretary) and products
produced by, or derived from, livestock;
``(C) the production of farm-based renewable energy (as
defined in section 9001 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8101));
``(D) the sale, including the sale of easements and
development rights, of farm, ranch, or forestry land, water or
hunting rights, or environmental benefits;
``(E) the rental or lease of land or equipment used for
farming, ranching, or forestry operations, including water or
hunting rights;
``(F) the processing (including packing), storing
(including shedding), and transporting of farm, ranch, and
forestry commodities, including renewable energy;
``(G) the feeding, rearing, or finishing of livestock;
``(H) the sale of land that has been used for agriculture;
``(I) payments or other benefits received under any program
authorized under title I of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7901 et seq.) or title I of
the Food, Conservation, and Energy Act of 2008;
``(J) payments or other benefits received under any program
authorized under title XII of this Act, title II of the Farm
Security and Rural Investment Act of 2002 (Public Law 107-171;
116 Stat. 223), or title II of the Food, Conservation, and
Energy Act of 2008;
``(K) payments or other benefits received under section 196
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7333);
``(L) payments or other benefits received under title IX of
the Trade Act of 1974 or subtitle B of the Federal Crop
Insurance Act;
``(M) risk management practices, including benefits
received under a program authorized under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) (including a catastrophic
risk protection plan offered under section 508(b) of that Act
(7 U.S.C. 1508(b))); and
``(N) any other activity related to farming, ranching, or
forestry, as determined by the Secretary.
``(2) Income derived from farming, ranching, or forestry.--In
determining the average adjusted gross farm income of a person or
legal entity, in addition to the inclusions described in paragraph
(1), the Secretary shall include any income reported on the
Schedule F or other schedule used by the person or legal entity to
report income from farming, ranching, or forestry operations to the
Internal Revenue Service, to the extent such income is not already
included under paragraph (1).
``(3) Special rule.--If not less than 66.66 percent of the
average adjusted gross income of a person or legal entity is
derived from farming, ranching, or forestry operations described in
paragraphs (1) and (2), in determining the average adjusted gross
farm income of the person or legal entity, the Secretary shall also
include--
``(A) the sale of equipment to conduct farm, ranch, or
forestry operations; and
``(B) the provision of production inputs and services to
farmers, ranchers, foresters, and farm operations.
``(d) Enforcement.--
``(1) In general.--To comply with subsection (b), at least once
every 3 years a person or legal entity shall provide to the
Secretary--
``(A) a certification by a certified public accountant or
another third party that is acceptable to the Secretary that
the average adjusted gross income, average adjusted gross farm
income, and average adjusted gross nonfarm income of the person
or legal entity does not exceed the applicable limitation
specified in that subsection; or
``(B) information and documentation regarding the average
adjusted gross income, average adjusted gross farm income, and
average adjusted gross nonfarm income of the person or legal
entity through other procedures established by the Secretary.
``(2) Denial of program benefits.--If the Secretary determines
that a person or legal entity has failed to comply with this
section, the Secretary shall deny the issuance of applicable
payments and benefits specified in paragraphs (1)(C) and (2)(B) of
subsection (b) to the person or legal entity, under similar terms
and conditions as described in section 1001B.
``(3) Audit.--The Secretary shall establish statistically valid
procedures under which the Secretary shall conduct targeted audits
of such persons or legal entities as the Secretary determines are
most likely to exceed the limitations under subsection (b).
``(e) Commensurate Reduction.--In the case of a payment or benefit
described in paragraphs (1)(C) and (2)(B) of subsection (b) made in a
crop, program, or fiscal year, as appropriate, to an entity, general
partnership, or joint venture, the amount of the payment or benefit
shall be reduced by an amount that is commensurate with the direct and
indirect ownership interest in the entity, general partnership, or
joint venture of each person who has an average adjusted gross income,
average adjusted gross farm income, or average adjusted gross nonfarm
income in excess of the applicable limitation specified in subsection
(b).
``(f) Effective Period.--This section shall apply only during the
2009 through 2012 crop, program, or fiscal years, as appropriate.''.
(b) Transition.--Section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a), as in effect on September 30, 2007, shall apply with
respect to the 2007 and 2008 crop, fiscal, or program year, as
appropriate, for each program described in paragraphs (1)(C) and (2)(B)
of subsection (b) of that section (as amended by subsection (a)).
SEC. 1605. AVAILABILITY OF QUALITY INCENTIVE PAYMENTS FOR COVERED
OILSEED PRODUCERS.
(a) Incentive Payments Required.--Subject to subsection (b) and the
availability of appropriations under subsection (h), the Secretary
shall use funds made available under subsection (h) to provide quality
incentive payments for the production of oilseeds with specialized
traits that enhance human health, as determined by the Secretary.
(b) Covered Oilseeds.--The Secretary shall make payments under this
section only for the production of an oilseed variety that has, as
determined by the Secretary--
(1) been demonstrated to improve the health profile of the
oilseed for use in human consumption by--
(A) reducing or eliminating the need to partially
hydrogenate the oil derived from the oilseed for use in human
consumption; or
(B) adopting new technology traits; and
(2) 1 or more impediments to commercialization.
(c) Request for Proposals.--
(1) Issuance.--If funds are made available to carry out this
section for a crop year, the Secretary shall issue a request for
proposals for payments under this section.
(2) Multiyear proposals.--A proponent may submit a multiyear
proposal for payments under this section.
(3) Content of proposals.--A proposal for payments under this
section shall include a description of--
(A) how use of the oilseed enhances human health;
(B) the impediments to commercial use of the oilseed;
(C) each oilseed variety described in subsection (b) and
the value of the oilseed variety as a matter of public policy;
(D) a range for the base price and premiums per bushel or
hundredweight to be paid to producers;
(E) a per bushel or hundredweight amount of incentive
payments requested for each year under this section that does
not exceed \1/3\ of the total premium offered for any year;
(F) the period of time, not to exceed 4 years, during which
incentive payments are to be provided to producers; and
(G) the targeted total quantity of production and estimated
acres needed to produce the targeted quantity for each year
under this section.
(d) Contracts for Production.--
(1) In general.--The Secretary shall approve successful
proposals submitted under subsection (c) on a timely basis.
(2) Timing of payments.--The Secretary shall make payments to
producers under this section after the Secretary receives
documentation that the premium required under a contract has been
paid to covered producers.
(e) Administration.--
(1) In general.--If funding provided for a crop year is not
fully allocated under the initial request for proposals under
subsection (c), the Secretary shall issue additional requests for
proposals for subsequent crop years under this section.
(2) Prorated payments.--If funding provided for a crop year is
less than the amount otherwise approved by the Secretary or for
which approval is sought, the Secretary shall prorate the payments
or approvals in a manner determined by the Secretary so that the
total payments do not exceed the funding level.
(f) Proprietary Information.--The Secretary shall protect
proprietary information provided to the Secretary for the purpose of
administering this section.
(g) Program Compliance and Penalties.--
(1) Guarantee.--The proponent, if approved, shall be required
to guarantee that the oilseed on which a payment is made by the
Secretary under this section is used for human consumption as
described in the proposal, as approved by the Secretary.
(2) Noncompliance.--If oilseeds on which a payment is made by
the Secretary under this section are not actually used for the
purpose the payment is made, the proponent shall be required to pay
to the Secretary an amount equal to, as determined by the
Secretary--
(A) in the case of an inadvertent failure, twice the amount
of the payment made by the Secretary under this section to the
producer of the oilseeds; and
(B) in any other case, up to twice the full value of the
oilseeds involved.
(3) Documentation.--The Secretary may require such assurances
and documentation as may be needed to enforce the guarantee.
(4) Additional penalties.--
(A) In general.--In addition to payments required under
paragraph (2), the Secretary may impose penalties on additional
persons that use oilseeds the use of which is restricted under
this section for a purpose other than the intended use.
(B) Amount.--The amount of a penalty under this paragraph
shall--
(i) be in an amount determined appropriated by the
Secretary; but
(ii) not to exceed twice the full value of the
oilseeds.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2009 through 2012.
SEC. 1606. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES.
Section 164 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7284) is amended by striking ``and title I of the
Farm Security and Rural Investment Act of 2002'' each place it appears
and inserting ``title I of the Farm Security and Rural Investment Act
of 2002, and title I of the Food, Conservation, and Energy Act of
2008''.
SEC. 1607. EXTENSION OF EXISTING ADMINISTRATIVE AUTHORITY REGARDING
LOANS.
Section 166 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7286) is amended--
(1) by striking ``and subtitle B and C of title I of the Farm
Security and Rural Investment Act of 2002'' each place it appears
and inserting ``, title I of the Farm Security and Rural Investment
Act of 2002, and title I of the Food, Conservation, and Energy Act
of 2008''; and
(2) in subsection (c), by adding at the end the following:
``(3) Termination of authority.--The authority to carry out
paragraph (1) terminates effective ending with the 2009 crop
year.''.
SEC. 1608. ASSIGNMENT OF PAYMENTS.
(a) In General.--The provisions of section 8(g) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)), relating
to assignment of payments, shall apply to payments made under this
title.
(b) Notice.--The producer making the assignment, or the assignee,
shall provide the Secretary with notice, in such manner as the
Secretary may require, of any assignment made under this section.
SEC. 1609. TRACKING OF BENEFITS.
As soon as practicable after the date of enactment of this Act, the
Secretary may track the benefits provided, directly or indirectly, to
individuals and entities under titles I and II and the amendments made
by those titles.
SEC. 1610. GOVERNMENT PUBLICATION OF COTTON PRICE FORECASTS.
Section 15 of the Agricultural Marketing Act (12 U.S.C. 1141j) is
amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (g) as subsections
(d) through (f), respectively.
SEC. 1611. PREVENTION OF DECEASED INDIVIDUALS RECEIVING PAYMENTS UNDER
FARM COMMODITY PROGRAMS.
(a) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate regulations
that--
(1) describe the circumstances under which, in order to allow
for the settlement of estates and for related purposes, payments
may be issued in the name of a deceased individual; and
(2) preclude the issuance of payments to, and on behalf of,
deceased individuals that were not eligible for the payments.
(b) Coordination.--At least twice each year, the Secretary shall
reconcile the social security numbers of all individuals who receive
payments under this title, whether directly or indirectly, with the
Social Security Administration to determine if the individuals are
alive.
SEC. 1612. HARD WHITE WHEAT DEVELOPMENT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible hard white wheat seed.--The term ``eligible hard
white wheat seed'' means hard white wheat seed that, as determined
by the Secretary, is--
(A) certified;
(B) of a variety that is suitable for the State in which
the seed will be planted;
(C) rated at least superior with respect to quality; and
(D) specifically approved under a seed establishment
program established by the State Department of Agriculture and
the State Wheat Commission of the 1 or more States in which the
seed will be planted.
(2) Program.--The term ``program'' means the hard white wheat
development program established under subsection (b)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, in consultation with the State Departments of
Agriculture and the State Wheat Commissions of the States in
regions in which hard white wheat is produced, as determined by the
Secretary.
(b) Establishment.--
(1) In general.--Subject to the availability of appropriations,
the Secretary shall establish a hard white wheat development
program in accordance with paragraph (2) to promote the
establishment of hard white wheat as a viable market class of wheat
in the United States by encouraging production of at least
240,000,000 bushels of hard white wheat by 2012.
(2) Payments.--
(A) In general.--Subject to subparagraphs (B) and (C) and
subsection (c), if funds are made available for any of the 2009
through 2012 crops of hard white wheat, the Secretary shall
make available incentive payments to producers of those crops.
(B) Acreage limitation.--The Secretary shall carry out
subparagraph (A) subject to a regional limitation determined by
the Secretary on the number of acres for which payments may be
received that takes into account planting history and potential
planting, but does not exceed a total of 2,900,000 acres or the
equivalent volume of production based on a yield of 50 bushels
per acre.
(C) Payment limitations.--Payments to producers on a farm
described in subparagraph (A) shall be--
(i) in an amount that is not less than $0.20 per
bushel; and
(ii) in an amount that is not less than $2.00 per acre
for planting eligible hard white wheat seed.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $35,000,000 for the period of
fiscal years 2009 through 2012.
SEC. 1613. DURUM WHEAT QUALITY PROGRAM.
(a) In General.--Subject to the availability of funds under
subsection (c), the Secretary shall provide compensation to producers
of durum wheat in an amount not to exceed 50 percent of the actual cost
of fungicides applied to a crop of durum wheat of the producers to
control Fusarium head blight (wheat scab) on acres certified to have
been planted to Durum wheat in a crop year.
(b) Insufficient Funds.--If the total amount of funds appropriated
for a fiscal year under subsection (c) are insufficient to fulfill all
eligible requests for compensation under this section, the Secretary
shall prorate the compensation payments in a manner determined by the
Secretary to be equitable.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2009 through 2012.
SEC. 1614. STORAGE FACILITY LOANS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall establish a storage facility loan
program to provide funds for producers of grains, oilseeds, pulse
crops, hay, renewable biomass, and other storable commodities (other
than sugar), as determined by the Secretary, to construct or upgrade
storage and handling facilities for the commodities.
(b) Eligible Producers.--A storage facility loan under this section
shall be made available to any producer described in subsection (a)
that, as determined by the Secretary--
(1) has a satisfactory credit history;
(2) has a need for increased storage capacity; and
(3) demonstrates an ability to repay the loan.
(c) Term of Loans.--A storage facility loan under this section
shall have a maximum term of 12 years.
(d) Loan Amount.--The maximum principal amount of a storage
facility loan under this section shall be $500,000.
(e) Loan Disbursements.--The Secretary shall provide for 1 partial
disbursement of loan principal and 1 final disbursement of loan
principal, as determined to be appropriate and subject to acceptable
documentation, to facilitate the purchase and construction of eligible
facilities.
(f) Loan Security.--Approval of a storage facility loan under this
section shall--
(1) require the borrower to provide loan security to the
Secretary, in the form of--
(A) a lien on the real estate parcel on which the storage
facility is located; or
(B) such other security as is acceptable to the Secretary;
(2) under such rules and regulations as the Secretary may
prescribe, not require a severance agreement from the holder of any
prior lien on the real estate parcel on which the storage facility
is located, if the borrower--
(A) agrees to increase the down payment on the storage
facility by an amount determined appropriate by the Secretary;
or
(B) provides other security acceptable to the Secretary;
and
(3) allow a borrower, upon the approval of the Secretary, to
define a subparcel of real estate as security for the storage
facility loan if the subparcel is--
(A) of adequate size and value to adequately secure the
loan; and
(B) not subject to any other liens or mortgages that are
superior to the lien interest of the Commodity Credit
Corporation.
SEC. 1615. STATE, COUNTY, AND AREA COMMITTEES.
Section 8(b)(5)(B)(ii) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)(B)(ii)) is amended--
(1) by redesignating subclauses (I) and (II) as items (aa) and
(bb), respectively, and indenting appropriately;
(2) in the matter preceding item (aa) (as redesignated by
paragraph (1)), by striking ``A committee established'' and
inserting the following:
``(I) In general.--Except as provided in subclause
(II), a committee established''; and
(3) by adding at the end the following:
``(II) Combination or consolidation of areas.--A
committee established by combining or consolidating 2
or more county or area committees shall consist of not
fewer than 3 nor more than 11 members that--
``(aa) are fairly representative of the
agricultural producers within the area covered by
the county, area, or local committee; and
``(bb) are elected by the agricultural
producers that participate or cooperate in programs
administered within the area under the jurisdiction
of the county, area, or local committee.
``(III) Representation of socially disadvantaged
farmers and ranchers.--The Secretary shall develop
procedures to maintain representation of socially
disadvantaged farmers and ranchers on combined or
consolidated committees.
``(IV) Eligibility for membership.--Notwithstanding
any other producer eligibility requirements for service
on county or area committees, if a county or area is
consolidated or combined, a producer shall be eligible
to serve only as a member of the county or area
committee that the producer elects to administer the
farm records of the producer.''.
SEC. 1616. PROHIBITION ON CHARGING CERTAIN FEES.
Public Law 108-470 (7 U.S.C. 7416a) is amended--
(1) in subsection (a), by striking ``may'' and inserting
``shall''; and
(2) by adding at the end the following:
``(c) Prohibition on Charging Certain Fees.--The Secretary may not
charge any fees or related costs for the collection of commodity
assessments pursuant to this Act.''.
SEC. 1617. SIGNATURE AUTHORITY.
(a) In General.--In carrying out this title and title II and
amendments made by those titles, if the Secretary approves a document,
the Secretary shall not subsequently determine the document is
inadequate or invalid because of the lack of authority of any person
signing the document on behalf of the applicant or any other
individual, entity, general partnership, or joint venture, or the
documents relied upon were determined inadequate or invalid, unless the
person signing the program document knowingly and willfully falsified
the evidence of signature authority or a signature.
(b) Affirmation.--
(1) In general.--Nothing in this section prohibits the
Secretary from asking a proper party to affirm any document that
otherwise would be considered approved under subsection (a).
(2) No retroactive effect.--A denial of benefits based on a
lack of affirmation under paragraph (1) shall not be retroactive
with respect to third-party producers who were not the subject of
the erroneous representation of authority, if the third-party
producers--
(A) relied on the prior approval by the Secretary of the
documents in good faith; and
(B) substantively complied with all program requirements
SEC. 1618. MODERNIZATION OF FARM SERVICE AGENCY.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall transmit to the Committee on Agriculture and the
Committee on Appropriations of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry and the Committee on
Appropriations of the Senate a report prepared by a third party that
describes--
(1) the data processing and information technology challenges
experienced in local offices of the Farm Service Agency;
(2) the impact of those challenges on service to producers, on
efficiency of personnel, and on implementation of this Act;
(3) the need for information technology system upgrades of the
Farm Service Agency relative to other agencies of the Department of
Agriculture;
(4) the detailed plan needed to fulfill the needs of the
Department that are identified in paragraph (3), including
hardware, software, and infrastructure requirements;
(5) the estimated cost and timeframe for long-term
modernization and stabilization of Farm Service Agency information
technology systems;
(6) the benefits associated with such modernization and
stabilization; and
(7) an evaluation of the existence of appropriate oversight
within the Department to ensure that funds needed for systems
upgrades can be appropriately managed.
SEC. 1619. INFORMATION GATHERING.
(a) Geospatial Systems.--The Secretary shall ensure that all the
geospatial data of the agencies of the Department of Agriculture are
portable and standardized.
(b) Limitation on Disclosures.--
(1) Definition of agricultural operation.--In this subsection,
the term ``agricultural operation'' includes the production and
marketing of agricultural commodities and livestock.
(2) Prohibition.--Except as provided in paragraphs (3) and (4),
the Secretary, any officer or employee of the Department of
Agriculture, or any contractor or cooperator of the Department,
shall not disclose--
(A) information provided by an agricultural producer or
owner of agricultural land concerning the agricultural
operation, farming or conservation practices, or the land
itself, in order to participate in programs of the Department;
or
(B) geospatial information otherwise maintained by the
Secretary about agricultural land or operations for which
information described in subparagraph (A) is provided.
(3) Authorized disclosures.--
(A) Limited release of information.--If the Secretary
determines that the information described in paragraph (2) will
not be subsequently disclosed except in accordance with
paragraph (4), the Secretary may release or disclose the
information to a person or Federal, State, local, or tribal
agency working in cooperation with the Secretary in any
Department program--
(i) when providing technical or financial assistance
with respect to the agricultural operation, agricultural
land, or farming or conservation practices; or
(ii) when responding to a disease or pest threat to
agricultural operations, if the Secretary determines that a
threat to agricultural operations exists and the disclosure
of information to a person or cooperating government entity
is necessary to assist the Secretary in responding to the
disease or pest threat as authorized by law.
(4) Exceptions.--Nothing in this subsection affects--
(A) the disclosure of payment information (including
payment information and the names and addresses of recipients
of payments) under any Department program that is otherwise
authorized by law;
(B) the disclosure of information described in paragraph
(2) if the information has been transformed into a statistical
or aggregate form without naming any--
(i) individual owner, operator, or producer; or
(ii) specific data gathering site; or
(C) the disclosure of information described in paragraph
(2) pursuant to the consent of the agricultural producer or
owner of agricultural land.
(5) Condition of other programs.--The participation of the
agricultural producer or owner of agricultural land in, or receipt
of any benefit under, any program administered by the Secretary may
not be conditioned on the consent of the agricultural producer or
owner of agricultural land under paragraph (4)(C).
(6) Waiver of privilege or protection.--The disclosure of
information under paragraph (2) shall not constitute a waiver of
any applicable privilege or protection under Federal law, including
trade secret protection.
SEC. 1620. LEASING OF OFFICE SPACE.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to the Committee on Agriculture and the
Committee on Appropriations of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry and the Committee on
Appropriations of the Senate a report that describes--
(1) the costs and time associated with complying with leasing
procedures of the General Services Administration relative to the
previous independent leasing procedures of the Department of
Agriculture;
(2) the additional staffing needs associated with complying
with those procedures; and
(3) the value added to the leasing process and the ability of
the Department to secure best-value leases by complying with the
General Services Administration leasing procedures.
SEC. 1621. GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS.
(a) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given the term in section 102 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Geographically disadvantaged farmer or rancher.--The term
``geographically disadvantaged farmer or rancher'' has the meaning
given the term in section 10906(a) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 2204 note; Public Law 107-171).
(b) Authorization.--Subject to the availability of funds under
subsection (d), the Secretary may provide geographically disadvantaged
farmers or ranchers direct reimbursement payments for activities
described in subsection (c).
(c) Transportation.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may provide direct reimbursement payments to a
geographically disadvantaged farmer or rancher to transport an
agricultural commodity, or inputs used to produce an agricultural
commodity, during a fiscal year.
(2) Proof of eligibility.--To be eligible to receive assistance
under paragraph (1), a geographically disadvantaged farmer or
rancher shall demonstrate to the Secretary that transportation of
the agricultural commodity or inputs occurred over a distance of
more than 30 miles, as determined by the Secretary.
(3) Amount.--
(A) In general.--Subject to paragraph (2), the amount of
direct reimbursement payments made to a geographically
disadvantaged farmer or rancher under this section for a fiscal
year shall equal the product obtained by multiplying--
(i) the amount of costs incurred by the geographically
disadvantaged farmer or rancher for transportation of the
agricultural commodity or inputs during the fiscal year;
and
(ii)(I) the percentage of the allowance for that fiscal
year under section 5941 of title 5, United States Code, for
Federal employees stationed in Alaska and Hawaii; or
(II) in the case of an insular area (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)), a comparable percentage of the allowance for the
fiscal year, as determined by the Secretary.
(B) Limitation.--The total amount of direct reimbursement
payments provided by the Secretary under this section shall not
exceed $15,000,000 for a fiscal year.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2009 through 2012.
SEC. 1622. IMPLEMENTATION.
The Secretary shall make available to the Farm Service Agency to
carry out this title $50,000,000.
SEC. 1623. REPEALS.
(a) Commission on Application of Payment Limitations.--Section 1605
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7993)
is repealed.
(b) Renewed Availability of Market Loss Assistance and Certain
Emergency Assistance to Persons That Failed To Receive Assistance Under
Earlier Authorities.--Section 1617 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8000) is repealed.
TITLE II--CONSERVATION
Subtitle A--Definitions and Highly Erodible Land and Wetland
Conservation
SEC. 2001. DEFINITIONS RELATING TO CONSERVATION TITLE OF FOOD SECURITY
ACT OF 1985.
(a) Beginning Farmer or Rancher.--Section 1201(a) of the Food
Security Act of 1985 (16 U.S.C. 3801(a)) is amended--
(1) by redesignating paragraphs (2) through (6), (7) through
(11), (12), (13) through (15), (16), (17), and (18) as paragraphs
(3) through (7), (9) through (13), (15), (20) through (22), (24),
(26), and (27), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Beginning farmer or rancher.--The term `beginning farmer
or rancher' has the meaning given the term in section 343(a)(8) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
1991(a)(8)).''.
(b) Farm.--Section 1201(a) of the Food Security Act of 1985 (16
U.S.C. 3801(a)) is amended by inserting after paragraph (7), as
redesignated by subsection (a)(1), the following new paragraph:
``(8) Farm.--The term `farm' means a farm that--
``(A) is under the general control of one operator;
``(B) has one or more owners;
``(C) consists of one or more tracts of land, whether or
not contiguous;
``(D) is located within a county or region, as determined
by the Secretary; and
``(E) may contain lands that are incidental to the
production of perennial crops, including conserving uses,
forestry, and livestock, as determined by the Secretary.''.
(c) Indian Tribe.--Section 1201(a) of the Food Security Act of 1985
(16 U.S.C. 3801(a)) is amended by inserting after paragraph (13), as
redesignated by subsection (a)(1), the following new paragraph:
``(14) Indian tribe.--The term `Indian tribe' has the meaning
given the term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)).''.
(d) Integrated Pest Management; Livestock; Nonindustrial Private
Forest Land; Person and Legal Entity.--Section 1201(a) of the Food
Security Act of 1985 (16 U.S.C. 3801(a)) is amended by inserting after
paragraph (15), as redesignated by subsection (a)(1), the following new
paragraphs:
``(16) Integrated pest management.--The term `integrated pest
management' means a sustainable approach to managing pests by
combining biological, cultural, physical, and chemical tools in a
way that minimizes economic, health, and environmental risks.
``(17) Livestock.--The term `livestock' means all animals
raised on farms, as determined by the Secretary.
``(18) Nonindustrial private forest land.--The term
`nonindustrial private forest land' means rural land, as determined
by the Secretary, that--
``(A) has existing tree cover or is suitable for growing
trees; and
``(B) is owned by any nonindustrial private individual,
group, association, corporation, Indian tribe, or other private
legal entity that has definitive decisionmaking authority over
the land.
``(19) Person and legal entity.--For purposes of applying
payment limitations under subtitle D, the terms `person' and `legal
entity' have the meanings given those terms in section 1001(a) of
this Act (7 U.S.C. 1308(a)).''.
(e) Socially Disadvantaged Farmer or Rancher.--Section 1201(a) of
the Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended by
inserting after paragraph (22), as redesignated by subsection (a)(1),
the following new paragraph:
``(23) Socially disadvantaged farmer or rancher.--The term
`socially disadvantaged farmer or rancher' has the meaning given
the term in section 2501(e)(2) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)(2)).''.
(f) Technical Assistance.--Section 1201(a) of the Food Security Act
of 1985 (16 U.S.C. 3801(a)) is amended by inserting after paragraph
(24), as redesignated by subsection (a)(1), the following new
paragraph:
``(25) Technical assistance.--The term `technical assistance'
means technical expertise, information, and tools necessary for the
conservation of natural resources on land active in agricultural,
forestry, or related uses. The term includes the following:
``(A) Technical services provided directly to farmers,
ranchers, and other eligible entities, such as conservation
planning, technical consultation, and assistance with design
and implementation of conservation practices.
``(B) Technical infrastructure, including activities,
processes, tools, and agency functions needed to support
delivery of technical services, such as technical standards,
resource inventories, training, data, technology, monitoring,
and effects analyses.''.
SEC. 2002. REVIEW OF GOOD FAITH DETERMINATIONS RELATED TO HIGHLY
ERODIBLE LAND CONSERVATION.
Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) is
amended by striking subsection (f) and inserting the following new
subsection:
``(f) Graduated Penalties.--
``(1) Ineligibility.--No person shall become ineligible under
section 1211 for program loans, payments, and benefits as a result
of the failure of the person to actively apply a conservation plan,
if the Secretary determines that the person has acted in good faith
and without an intent to violate this subtitle.
``(2) Eligible reviewers.--A determination of the Secretary, or
a designee of the Secretary, under paragraph (1) shall be reviewed
by the applicable--
``(A) State Executive Director, with the technical
concurrence of the State Conservationist; or
``(B) district director, with the technical concurrence of
the area conservationist.
``(3) Period for implementation.--A person who meets the
requirements of paragraph (1) shall be allowed a reasonable period
of time, as determined by the Secretary, but not to exceed 1 year,
during which to implement the measures and practices necessary to
be considered to be actively applying the conservation plan of the
person.
``(4) Penalties.--
``(A) Application.--This paragraph applies if the Secretary
determines that--
``(i) a person has failed to comply with section 1211
with respect to highly erodible cropland, and has acted in
good faith and without an intent to violate section 1211;
or
``(ii) the violation--
``(I) is technical and minor in nature; and
``(II) has a minimal effect on the erosion control
purposes of the conservation plan applicable to the
land on which the violation has occurred.
``(B) Reduction.--If this paragraph applies under
subparagraph (A), the Secretary shall, in lieu of applying the
ineligibility provisions of section 1211, reduce program
benefits described in section 1211 that the producer would
otherwise be eligible to receive in a crop year by an amount
commensurate with the seriousness of the violation, as
determined by the Secretary.
``(5) Subsequent crop years.--Any person whose benefits are
reduced for any crop year under this subsection shall continue to
be eligible for all of the benefits described in section 1211 for
any subsequent crop year if, prior to the beginning of the
subsequent crop year, the Secretary determines that the person is
actively applying a conservation plan according to the schedule
specified in the plan.''.
SEC. 2003. REVIEW OF GOOD FAITH DETERMINATIONS RELATED TO WETLAND
CONSERVATION.
Section 1222(h) of the Food Security Act of 1985 (16 U.S.C.
3822(h)) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Eligible reviewers.--A determination of the Secretary, or
a designee of the Secretary, under paragraph (1) shall be reviewed
by the applicable--
``(A) State Executive Director, with the technical
concurrence of the State Conservationist; or
``(B) district director, with the technical concurrence of
the area conservationist.''; and
(3) in paragraph (3) (as redesignated by paragraph (1)), by
inserting ``be'' before ``actively''.
Subtitle B--Conservation Reserve Program
SEC. 2101. EXTENSION OF CONSERVATION RESERVE PROGRAM.
Section 1231(a) of the Food Security Act of 1985 (16 U.S.C.
3831(a)) is amended--
(1) by striking ``2007 calendar year'' and inserting ``2012
fiscal year''; and
(2) by inserting before the period the following: ``and to
address issues raised by State, regional, and national conservation
initiatives''; and
SEC. 2102. LAND ELIGIBLE FOR ENROLLMENT IN CONSERVATION RESERVE.
Section 1231(b) of the Food Security Act of 1985 (16 U.S.C.
3831(b)) is amended--
(1) in paragraph (1)(B)--
(A) by striking ``Farm Security and Rural Investment Act of
2002'' and inserting ``Food, Conservation, and Energy Act of
2008''; and
(B) by striking the period at the end and inserting a
semicolon; and
(2) in paragraph (4)--
(A) in subparagraph (C), by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (D), by striking ``and'' at the end and
inserting ``or''; and
(C) in subparagraph (E), by inserting ``or'' after the
semicolon at the end.
SEC. 2103. MAXIMUM ENROLLMENT OF ACREAGE IN CONSERVATION RESERVE.
Section 1231(d) of the Food Security Act of 1985 (16 U.S.C.
3831(d)) is amended--
(1) by striking ``2007 calendar years'' and inserting ``2009
fiscal years'';
(2) by striking ``( 16 U.S.C.'' and inserting ``(16 U.S.C.'';
and
(3) by adding at the end the following new sentence: ``During
fiscal years 2010, 2011, and 2012, the Secretary may maintain up to
32,000,000 acres in the conservation reserve at any 1 time.''.
SEC. 2104. DESIGNATION OF CONSERVATION PRIORITY AREAS.
Section 1231(f) of the Food Security Act of 1985 (16 U.S.C.
3831(f)) is amended by striking ``the Chesapeake Bay Region
(Pennsylvania, Maryland, and Virginia)'' and inserting ``the Chesapeake
Bay Region''.
SEC. 2105. TREATMENT OF MULTI-YEAR GRASSES AND LEGUMES.
Subsection (g) of section 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) is amended to read as follows:
``(g) Multi-Year Grasses and Legumes.--
``(1) In general.--For purposes of this subchapter, alfalfa and
other multi-year grasses and legumes in a rotation practice,
approved by the Secretary, shall be considered agricultural
commodities.
``(2) Cropping history.--Alfalfa, when grown as part of a
rotation practice, as determined by the Secretary, is an
agricultural commodity subject to the cropping history criteria
under subsection (b)(1)(B) for the purpose of determining whether
highly erodible cropland has been planted or considered planted for
4 of the 6 years referred to in such subsection.''.
SEC. 2106. REVISED PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND BUFFER
ACREAGE IN CONSERVATION RESERVE.
(a) Revised Program.--
(1) In general.--Title XII of the Food Security Act of 1985 is
amended by inserting after section 1231 (16 U.S.C. 3831) the
following new section:
``SEC. 1231B. PILOT PROGRAM FOR ENROLLMENT OF WETLAND AND BUFFER
ACREAGE IN CONSERVATION RESERVE.
``(a) Program Required.--
``(1) In general.--During the 2008 through 2012 fiscal years,
the Secretary shall carry out a program in each State under which
the Secretary shall enroll eligible acreage described in subsection
(b).
``(2) Participation among states.--The Secretary shall ensure,
to the maximum extent practicable, that owners and operators in
each State have an equitable opportunity to participate in the
program established under this section.
``(b) Eligible Acreage.--
``(1) Wetland and related land.--Subject to subsections (c) and
(d), an owner or operator may enroll in the conservation reserve,
pursuant to the program established under this section, land--
``(A) that is wetland (including a converted wetland
described in section 1222(b)(1)(A)) that had a cropping history
during at least 3 of the immediately preceding 10 crop years;
``(B) on which a constructed wetland is to be developed
that will receive flow from a row crop agriculture drainage
system and is designed to provide nitrogen removal in addition
to other wetland functions;
``(C) that was devoted to commercial pond-raised
aquaculture in any year during the period of calendar years
2002 through 2007; or
``(D) that, after January 1, 1990, and before December 31,
2002, was--
``(i) cropped during at least 3 of 10 crop years; and
``(ii) subject to the natural overflow of a prairie
wetland.
``(2) Buffer acreage.--Subject to subsections (c) and (d), an
owner or operator may enroll in the conservation reserve, pursuant
to the program established under this section, buffer acreage
that--
``(A) with respect to land described in subparagraph (A),
(B), or (C) of paragraph (1)--
``(i) is contiguous to such land
``(ii) is used to protect such land; and
``(iii) is of such width as the Secretary determines is
necessary to protect such land, taking into consideration
and accommodating the farming practices (including the
straightening of boundaries to accommodate machinery) used
with respect to the cropland that surrounds such land; and
``(B) with respect to land described in subparagraph (D) of
paragraph (1), enhances a wildlife benefit to the extent
practicable in terms of upland to wetland ratios, as determined
by the Secretary.
``(c) Program Limitations.--
``(1) Acreage limitation.--The Secretary may enroll in the
conservation reserve, pursuant to the program established under
this section, not more than--
``(A) 100,000 acres in any State; and
``(B) a total of 1,000,000 acres.
``(2) Relationship to maximum enrollment.--Subject to paragraph
(3), any acreage enrolled in the conservation reserve under this
section shall be considered acres maintained in the conservation
reserve.
``(3) Relationship to other enrolled acreage.--Acreage enrolled
in the conservation reserve under this section shall not affect for
any fiscal year the quantity of--
``(A) acreage enrolled to establish conservation buffers as
part of the program announced on March 24, 1998 (63 Fed. Reg.
14109); or
``(B) acreage enrolled into the conservation reserve
enhancement program announced on May 27, 1998 (63 Fed. Reg.
28965).
``(4) Review; potential increase in enrollment acreage.--The
Secretary shall conduct a review of the program established under
this section with respect to each State that has enrolled land in
the conservation reserve pursuant to the program. As a result of
the review, the Secretary may increase the number of acres that may
be enrolled in a State under the program to not more than 200,000
acres, notwithstanding paragraph (1)(A).
``(d) Owner or Operator Enrollment Limitations.--
``(1) Wetland and related land.--
``(A) Wetlands and constructed wetlands.--The maximum size
of any land described in subparagraph (A) or (B) of subsection
(b)(1) that an owner or operator may enroll in the conservation
reserve, pursuant to the program established under this
section, shall be 40 contiguous acres.
``(B) Flooded farmland.--The maximum size of any land
described in subparagraph (D) of subsection (b)(1) that an
owner or operator may enroll in the conservation reserve,
pursuant to the program established under this section, shall
be 20 contiguous acres.
``(C) Coverage.--All acres described in subparagraph (A) or
(B), including acres that are ineligible for payment, shall be
covered by the conservation contract.
``(2) Buffer acreage.--The maximum size of any buffer acreage
described in subsection (b)(2) that an owner or operator may enroll
in the conservation reserve under this section shall be determined
by the Secretary in consultation with the State Technical
Committee.
``(3) Tracts.--Except for land described in subsection
(b)(1)(C) and buffer acreage related to such land, the maximum size
of any eligible acreage described in subsection (b)(1) in a tract
of an owner or operator enrolled in the conservation reserve under
this section shall be 40 acres.
``(e) Duties of Owners and Operators.--During the term of a
contract entered into under the program established under this section,
an owner or operator shall agree--
``(1) to restore the hydrology of the wetland within the
eligible acreage to the maximum extent practicable, as determined
by the Secretary;
``(2) to establish vegetative cover (which may include emerging
vegetation in water and bottomland hardwoods, cypress, and other
appropriate tree species) on the eligible acreage, as determined by
the Secretary;
``(3) to a general prohibition of commercial use of the
enrolled land; and
``(4) to carry out other duties described in section 1232.
``(f) Duties of the Secretary.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), in return for a contract entered into under this section, the
Secretary shall--
``(A) make payments to the owner or operator based on
rental rates for cropland; and
``(B) provide assistance to the owner or operator in
accordance with sections 1233 and 1234.
``(2) Contract offers and payments.--The Secretary shall use
the method of determination described in section 1234(c)(2)(B) to
determine the acceptability of contract offers and the amount of
rental payments under this section.
``(3) Incentives.--The amounts payable to owners and operators
in the form of rental payments under contracts entered into under
this section shall reflect incentives that are provided to owners
and operators to enroll filterstrips in the conservation reserve
under section 1234.''.
(2) Repeal of superceded program.--Section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended--
(A) by striking subsection (h); and
(B) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively.
(b) Conforming Changes to Emergency Forestry Conservation Reserve
Program.--Subsection (k) of section 1231 of the Food Security Act of
1985 (16 U.S.C. 3831) is amended--
(1) by striking ``(k) Emergency Forestry Conservation Reserve
Program.--'' and inserting the following:
``SEC. 1231A. EMERGENCY FORESTRY CONSERVATION RESERVE PROGRAM.'';
(2) by striking ``subsection'' each place it appears (other
than paragraph (3)(C)(ii)) and inserting ``section'';
(3) by redesignating paragraphs (1), (2), and (3) as
subsections (a), (b), and (c), respectively;
(4) in subsection (a), as so redesignated, by redesignating
subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;
and
(5) in subsection (c), as so redesignated--
(A) by redesignating subparagraphs (A) through (I) as
paragraphs (1) through (9), respectively;
(B) in paragraph (1), as so redesignated, by striking
``subparagraph (B)'' and ``subparagraph (G)'' and inserting
``paragraph (2)'' and ``paragraph (7)'', respectively;
(C) in paragraph (3), as so redesignated--
(i) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(ii) by striking ``subsection (d)'' and inserting
``section 1231(d)'';
(D) in paragraph (4), as so redesignated, by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively;
(E) in paragraph (5), as so redesignated--
(i) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively, and subclauses
(I) and (II) as clauses (i) and (ii), respectively;
(ii) in subparagraph (B), as so redesignated, by
striking ``clause (i)(I)'' and inserting ``subparagraph
(A)(i)''; and
(iii) in subparagraph (C), as so redesignated, by
striking ``clause (i)(II)'' and inserting ``subparagraph
(A)(ii)''; and
(F) in paragraph (9), as so redesignated, by redesignating
clauses (i) through (iii) as subparagraphs (A) through (C),
respectively, and subclauses (I) through (III) as clauses (i)
through (iii), respectively.
SEC. 2107. ADDITIONAL DUTY OF PARTICIPANTS UNDER CONSERVATION RESERVE
CONTRACTS.
Section 1232(a) of the Food Security Act of 1985 (16 U.S.C.
3832(a)) is amended--
(1) by redesignating paragraphs (5) through (10) as paragraphs
(6) through (11), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) to undertake management on the land as needed throughout
the term of the contract to implement the conservation plan;''.
SEC. 2108. MANAGED HAYING, GRAZING, OR OTHER COMMERCIAL USE OF FORAGE
ON ENROLLED LAND AND INSTALLATION OF WIND TURBINES.
(a) General Prohibition; Exceptions.--Section 1232(a) of the Food
Security Act of 1985 (16 U.S.C. 3832(a)) is amended by striking
paragraph (8), as redesignated by section 2107, and inserting the
following new paragraph:
``(8) not to conduct any harvesting or grazing, nor otherwise
make commercial use of the forage, on land that is subject to the
contract, nor adopt any similar practice specified in the contract
by the Secretary as a practice that would tend to defeat the
purposes of the contract, except that the Secretary may permit,
consistent with the conservation of soil, water quality, and
wildlife habitat (including habitat during nesting seasons for
birds in the area)--
``(A) managed harvesting (including the managed harvesting
of biomass), except that in permitting managed harvesting, the
Secretary, in coordination with the State technical committee--
``(i) shall develop appropriate vegetation management
requirements; and
``(ii) shall identify periods during which managed
harvesting may be conducted;
``(B) harvesting and grazing or other commercial use of the
forage on the land that is subject to the contract in response
to a drought or other emergency;
``(C) routine grazing or prescribed grazing for the control
of invasive species, except that in permitting such routine
grazing or prescribed grazing, the Secretary, in coordination
with the State technical committee--
``(i) shall develop appropriate vegetation management
requirements and stocking rates for the land that are
suitable for continued routine grazing; and
``(ii) shall establish the frequency during which
routine grazing may be conducted, taking into consideration
regional differences such as--
``(I) climate, soil type, and natural resources;
``(II) the number of years that should be required
between routine grazing activities; and
``(III) how often during a year in which routine
grazing is permitted that routine grazing should be
allowed to occur; and
``(D) the installation of wind turbines, except that in
permitting the installation of wind turbines, the Secretary
shall determine the number and location of wind turbines that
may be installed, taking into account--
``(i) the location, size, and other physical
characteristics of the land;
``(ii) the extent to which the land contains wildlife
and wildlife habitat; and
``(iii) the purposes of the conservation reserve
program under this subchapter;''.
(b) Rental Payment Reduction.--Section 1232 of the Food Security
Act of 1985 (16 U.S.C. 3832) is amended by adding at the end the
following new subsection:
``(d) Rental Payment Reduction for Certain Authorized Uses of
Enrolled Land.--In the case of an authorized activity under subsection
(a)(8) on land that is subject to a contract under this subchapter, the
Secretary shall reduce the rental payment otherwise payable under the
contract by an amount commensurate with the economic value of the
authorized activity.''.
SEC. 2109. COST SHARING PAYMENTS RELATING TO TREES, WINDBREAKS,
SHELTERBELTS, AND WILDLIFE CORRIDORS.
Section 1234(b) of the Food Security Act of 1985 (16 U.S.C.
3834(b)) is amended by striking paragraph (3) and inserting the
following new paragraph:
``(3) Trees, windbreaks, shelterbelts, and wildlife
corridors.--
``(A) Applicability.--This paragraph applies to--
``(i) land devoted to the production of hardwood trees,
windbreaks, shelterbelts, or wildlife corridors under a
contract entered into under this subchapter after November
28, 1990;
``(ii) land converted to such production under section
1235A; and
``(iii) land on which an owner or operator agrees to
conduct thinning authorized by section 1232(a)(9), if the
thinning is necessary to improve the condition of resources
on the land.
``(B) Payments.--
``(i) Percentage.--In making cost share payments to an
owner or operator of land described in subparagraph (A),
the Secretary shall pay 50 percent of the reasonable and
necessary costs incurred by the owner or operator for
maintaining trees or shrubs, including the cost of
replanting (if the trees or shrubs were lost due to
conditions beyond the control of the owner or operator) or
thinning.
``(ii) Duration.--The Secretary shall make payments as
described in clause (i) for a period of not less than 2
years, but not more than 4 years, beginning on the date
of--
``(I) the planting of the trees or shrubs; or
``(II) the thinning of existing stands to improve
the condition of resources on the land.''.
SEC. 2110. EVALUATION AND ACCEPTANCE OF CONTRACT OFFERS, ANNUAL RENTAL
PAYMENTS, AND PAYMENT LIMITATIONS.
(a) Evaluation and Acceptance of Contract Offers.--Section 1234(c)
of the Food Security Act of 1985 (16 U.S.C. 3834(c)) is amended by
striking paragraph (3) and inserting the following new paragraph:
``(3) Acceptance of contract offers.--
``(A) Evaluation of offers.--In determining the
acceptability of contract offers, the Secretary may take into
consideration the extent to which enrollment of the land that
is the subject of the contract offer would improve soil
resources, water quality, or wildlife habitat or provide other
environmental benefits.
``(B) Establishment of different criteria in various states
and regions.--The Secretary may establish different criteria
for determining the acceptability of contract offers in various
States and regions of the United States based on the extent to
which water quality or wildlife habitat may be improved or
erosion may be abated.
``(C) Local preference.--In determining the acceptability
of contract offers for new enrollments, the Secretary shall
accept, to the maximum extent practicable, an offer from an
owner or operator that is a resident of the county in which the
land is located or of a contiguous county if, as determined by
the Secretary, the land would provide at least equivalent
conservation benefits to land under competing offers.''.
(b) Annual Survey of Dryland and Irrigated Cash Rental Rates.--
(1) Annual estimates required.--Section 1234(c) of the Food
Security Act of 1985 (16 U.S.C. 3834(c)) is amended by adding at
the end the following new paragraph:
``(5) Rental rates.--
``(A) Annual estimates.--The Secretary (acting through the
National Agricultural Statistics Service) shall conduct an
annual survey of per acre estimates of county average market
dryland and irrigated cash rental rates for cropland and
pastureland in all counties or equivalent subdivisions within
each State that have 20,000 acres or more of cropland and
pastureland.
``(B) Public availability of estimates.--The estimates
derived from the annual survey conducted under subparagraph (A)
shall be maintained on a website of the Department of
Agriculture for use by the general public.''.
(2) First survey.--The first survey required by paragraph (5)
of section 1234(c) of the Food Security Act of 1985 (16 U.S.C.
3834(c)), as added by subsection (a), shall be conducted not later
than 1 year after the date of enactment of this Act.
(c) Payment Limitations.--Section 1234(f) of the Food Security Act
of 1985 (16 U.S.C. 3834(f)) is amended--
(1) in paragraph (1), by striking ``made to a person'' and
inserting ``received by a person or legal entity, directly or
indirectly,'';
(2) by striking paragraph (2); and
(3) in paragraph (4), by striking ``any person'' and inserting
``any person or legal entity''.
SEC. 2111. CONSERVATION RESERVE PROGRAM TRANSITION INCENTIVES FOR
BEGINNING FARMERS OR RANCHERS AND SOCIALLY DISADVANTAGED FARMERS OR
RANCHERS.
(a) Contract Modification Authority.--Section 1235(c)(1)(B) of the
Food Security Act of 1985 (16 U.S.C. 3835(c)(1)(B)) is amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following new clause:
``(iii) to facilitate a transition of land subject to
the contract from a retired or retiring owner or operator
to a beginning farmer or rancher or socially disadvantaged
farmer or rancher for the purpose of returning some or all
of the land into production using sustainable grazing or
crop production methods; or''.
(b) Transition Option.--Section 1235 of the Food Security Act of
1985 (16 U.S.C. 3835) is amended by adding at the end the following new
subsection:
``(f) Transition Option for Certain Farmers or Ranchers.--
``(1) Duties of the secretary.--In the case of a contract
modification approved in order to facilitate the transfer, as
described in subsection (c)(1)(B)(iii), of land to a beginning
farmer or rancher or socially disadvantaged farmer or rancher (in
this subsection referred to as a `covered farmer or rancher'), the
Secretary shall--
``(A) beginning on the date that is 1 year before the date
of termination of the contract--
``(i) allow the covered farmer or rancher, in
conjunction with the retired or retiring owner or operator,
to make conservation and land improvements; and
``(ii) allow the covered farmer or rancher to begin the
certification process under the Organic Foods Production
Act of 1990 (7 U.S.C. 6501 et seq.);
``(B) beginning on the date of termination of the contract,
require the retired or retiring owner or operator to sell or
lease (under a long-term lease or a lease with an option to
purchase) to the covered farmer or rancher the land subject to
the contract for production purposes;
``(C) require the covered farmer or rancher to develop and
implement a conservation plan;
``(D) provide to the covered farmer or rancher an
opportunity to enroll in the conservation stewardship program
or the environmental quality incentives program by not later
than the date on which the farmer or rancher takes possession
of the land through ownership or lease; and
``(E) continue to make annual payments to the retired or
retiring owner or operator for not more than an additional 2
years after the date of termination of the contract, if the
retired or retiring owner or operator is not a family member
(as defined in section 1001A(b)(3)(B) of this Act) of the
covered farmer or rancher.
``(2) Reenrollment.--The Secretary shall provide a covered
farmer or rancher with the option to reenroll any applicable
partial field conservation practice that--
``(A) is eligible for enrollment under the continuous
signup requirement of section 1231(h)(4)(B); and
``(B) is part of an approved conservation plan.''.
Subtitle C--Wetlands Reserve Program
SEC. 2201. ESTABLISHMENT AND PURPOSE OF WETLANDS RESERVE PROGRAM.
Subsection (a) of section 1237 of the Food Security Act of 1985 (16
U.S.C. 3837) is amended to read as follows:
``(a) Establishment and Purposes.--
``(1) Establishment.--The Secretary shall establish a wetlands
reserve program to assist owners of eligible lands in restoring and
protecting wetlands.
``(2) Purposes.--The purposes of the wetlands reserve program
are to restore, protect, or enhance wetlands on private or tribal
lands that are eligible under subsections (c) and (d).''.
SEC. 2202. MAXIMUM ENROLLMENT AND ENROLLMENT METHODS.
Section 1237(b) of the Food Security Act of 1985 (16 U.S.C.
3837(b)) is amended--
(1) by striking paragraph (1) and inserting the following new
paragraph:
``(1) Maximum enrollment.--The total number of acres enrolled
in the wetlands reserve program shall not exceed 3,041,200
acres.'';
(2) in paragraph (2), by striking ``The Secretary'' and
inserting ``Subject to paragraph (3), the Secretary''; and
(3) by adding at the end the following new paragraph:
``(3) Acreage owned by indian tribes.--In the case of acreage
owned by an Indian tribe, the Secretary shall enroll acreage into
the wetlands reserve program through the use of--
``(A) a 30-year contract (the value of which shall be
equivalent to the value of a 30-year easement);
``(B) restoration cost-share agreements; or
``(C) any combination of the options described in
subparagraphs (A) and (B).''.
SEC. 2203. DURATION OF WETLANDS RESERVE PROGRAM AND LANDS ELIGIBLE FOR
ENROLLMENT.
(a) In General.--Section 1237(c) of the Food Security Act of 1985
(16 U.S.C. 3837(c)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``2007 calendar'' and inserting ``2012
fiscal''; and
(B) by inserting ``private or tribal'' before ``land'' the
second place it appears;
(2) by striking paragraph (2) and inserting the following new
paragraph:
``(2) such land is--
``(A) farmed wetland or converted wetland, together with
the adjacent land that is functionally dependent on the
wetlands, except that converted wetland with respect to which
the conversion was not commenced prior to December 23, 1985,
shall not be eligible to be enrolled in the program under this
section; or
``(B) cropland or grassland that was used for agricultural
production prior to flooding from the natural overflow of a
closed basin lake or pothole, as determined by the Secretary,
together (where practicable) with the adjacent land that is
functionally dependent on the cropland or grassland; and''.
(b) Change of Ownership.--Section 1237E(a) of the Food Security Act
of 1985 (16 U.S.C. 3837e(a)) is amended by striking ``in the preceding
12 months'' and inserting ``during the preceding 7-year period''.
(c) Annual Survey and Reallocation.--Section 1237F of the Food
Security Act of 1985 (16 U.S.C. 3837f) is amended by adding at the end
the following new subsection:
``(c) Prairie Pothole Region Survey and Reallocation.--
``(1) Survey.--The Secretary shall conduct a survey during
fiscal year 2008 and each subsequent fiscal year for the purpose of
determining interest and allocations for the Prairie Pothole Region
to enroll eligible land described in section 1237(c)(2)(B).
``(2) Annual adjustment.--The Secretary shall make an
adjustment to the allocation for an interested State for a fiscal
year, based on the results of the survey conducted under paragraph
(1) for the State during the previous fiscal year.''.
SEC. 2204. TERMS OF WETLANDS RESERVE PROGRAM EASEMENTS.
Section 1237A(b)(2)(B) of the Food Security Act of 1985 (16 U.S.C.
3837a(b)(2)(B)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking ``; and'' and inserting ``;
or''; and
(3) by adding at the end the following new clause:
``(iii) to meet habitat needs of specific wildlife
species; and''.
SEC. 2205. COMPENSATION FOR EASEMENTS UNDER WETLANDS RESERVE PROGRAM.
Subsection (f) of section 1237A of the Food Security Act of 1985
(16 U.S.C. 3837a) is amended to read as follows:
``(f) Compensation.--
``(1) Determination.--Effective on the date of the enactment of
the Food, Conservation, and Energy Act of 2008, the Secretary shall
pay as compensation for a conservation easement acquired under this
subchapter the lowest of--
``(A) the fair market value of the land, as determined by
the Secretary, using the Uniform Standards of Professional
Appraisal Practices or an area-wide market analysis or survey;
``(B) the amount corresponding to a geographical cap, as
determined by the Secretary in regulations; or
``(C) the offer made by the landowner.
``(2) Form of payment.--Compensation for an easement shall be
provided by the Secretary in the form of a cash payment, in an
amount determined under paragraph (1) and specified in the easement
agreement.
``(3) Payment schedule for easements.--
``(A) Easements valued at $500,000 or less.--For easements
valued at $500,000 or less, the Secretary may provide easement
payments in not more than 30 annual payments.
``(B) Easements in excess of $500,000.--For easements
valued at more than $500,000, the Secretary may provide
easement payments in at least 5, but not more than 30 annual
payments, except that, if the Secretary determines it would
further the purposes of the program, the Secretary may make a
lump sum payment for such an easement.
``(4) Restoration agreement payment limitation.--Payments made
to a person or legal entity, directly or indirectly, pursuant to a
restoration cost-share agreement under this subchapter may not
exceed, in the aggregate, $50,000 per year.
``(5) Enrollment procedure.--Lands may be enrolled under this
subchapter through the submission of bids under a procedure
established by the Secretary.''.
SEC. 2206. WETLANDS RESERVE ENHANCEMENT PROGRAM AND RESERVED RIGHTS
PILOT PROGRAM.
Section 1237A of the Food Security Act of 1985 (16 U.S.C. 3837a) is
amended by adding at the end the following new subsection:
``(h) Wetlands Reserve Enhancement Program.--
``(1) Program authorized.--The Secretary may enter into 1 or
more agreements with a State (including a political subdivision or
agency of a State), nongovernmental organization, or Indian tribe
to carry out a special wetlands reserve enhancement program that
the Secretary determines would advance the purposes of this
subchapter.
``(2) Reserved rights pilot program.--
``(A) Reservation of grazing rights.--As part of the
wetlands reserve enhancement program, the Secretary shall carry
out a pilot program for land in which a landowner may reserve
grazing rights in the warranty easement deed restriction if the
Secretary determines that the reservation and use of the
grazing rights--
``(i) is compatible with the land subject to the
easement;
``(ii) is consistent with the long-term wetland
protection and enhancement goals for which the easement was
established; and
``(iii) complies with a conservation plan.
``(B) Duration.--The pilot program established under this
paragraph shall terminate on September 30, 2012.''.
SEC. 2207. DUTIES OF SECRETARY OF AGRICULTURE UNDER WETLANDS RESERVE
PROGRAM.
Section 1237C of the Food Security Act of 1985 (16 U.S.C. 3837c) is
amended--
(1) in subsection (a)(1), by inserting ``including necessary
maintenance activities,'' after ``values,''; and
(2) by striking subsection (c) and inserting the following new
subsection:
``(c) Ranking of Offers.--
``(1) Conservation benefits and funding considerations.--When
evaluating offers from landowners, the Secretary may consider--
``(A) the conservation benefits of obtaining an easement or
other interest in the land;
``(B) the cost-effectiveness of each easement or other
interest in eligible land, so as to maximize the environmental
benefits per dollar expended; and
``(C) whether the landowner or another person is offering
to contribute financially to the cost of the easement or other
interest in the land to leverage Federal funds.
``(2) Additional considerations.--In determining the
acceptability of easement offers, the Secretary may take into
consideration--
``(A) the extent to which the purposes of the easement
program would be achieved on the land;
``(B) the productivity of the land; and
``(C) the on-farm and off-farm environmental threats if the
land is used for the production of agricultural commodities.''.
SEC. 2208. PAYMENT LIMITATIONS UNDER WETLANDS RESERVE CONTRACTS AND
AGREEMENTS.
Section 1237D(c)(1) of the Food Security Act of 1985 (16 U.S.C.
3837d(c)(1)) is amended--
(1) by striking ``The total amount of easement payments made to
a person'' and inserting ``The total amount of payments that a
person or legal entity may receive, directly or indirectly,''; and
(2) by inserting ``or under 30-year contracts'' before the
period at the end.
SEC. 2209. REPEAL OF PAYMENT LIMITATIONS EXCEPTION FOR STATE AGREEMENTS
FOR WETLANDS RESERVE ENHANCEMENT.
Section 1237D(c) of the Food Security Act of 1985 (16 U.S.C.
3837d(c)) is amended by striking paragraph (4).
SEC. 2210. REPORT ON IMPLICATIONS OF LONG-TERM NATURE OF CONSERVATION
EASEMENTS.
(a) Report Required.--Not later than January 1, 2010, the Secretary
of Agriculture shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that evaluates the implications of
the long-term nature of conservation easements granted under section
1237A of the Food Security Act of 1985 (16 U.S.C. 3837a) on resources
of the Department of Agriculture.
(b) Inclusions.--The report required by subsection (a) shall
include the following:
(1) Data relating to the number and location of conservation
easements granted under that section that the Secretary holds or
has a significant role in monitoring or managing.
(2) An assessment of the extent to which the oversight of the
conservation easement agreements impacts the availability of
resources, including technical assistance.
(3) An assessment of the uses and value of agreements with
partner organizations.
(4) Any other relevant information relating to costs or other
effects that would be helpful to the Committees referred to in
subsection (a).
Subtitle D--Conservation Stewardship Program
SEC. 2301. CONSERVATION STEWARDSHIP PROGRAM.
(a) Establishment of Program.--Chapter 2 of subtitle D of title XII
of the Food Security Act of 1985 is amended--
(1) by redesignating subchapters B (farmland protection
program) and C (grassland reserve program) as subchapters C and D,
respectively; and
(2) by inserting after subchapter A the following new
subchapter:
``Subchapter B--Conservation Stewardship Program
``SEC. 1238D. DEFINITIONS.
``In this subchapter:
``(1) Conservation activities.--
``(A) In general.--The term `conservation activities' means
conservation systems, practices, or management measures that
are designed to address a resource concern.
``(B) Inclusions.--The term `conservation activities'
includes--
``(i) structural measures, vegetative measures, and
land management measures, including agriculture drainage
management systems, as determined by the Secretary; and
``(ii) planning needed to address a resource concern.
``(2) Conservation measurement tools.--The term `conservation
measurement tools' means procedures to estimate the level of
environmental benefit to be achieved by a producer in implementing
conservation activities, including indices or other measures
developed by the Secretary.
``(3) Conservation stewardship plan.--The term `conservation
stewardship plan' means a plan that--
``(A) identifies and inventories resource concerns;
``(B) establishes benchmark data and conservation
objectives;
``(C) describes conservation activities to be implemented,
managed, or improved; and
``(D) includes a schedule and evaluation plan for the
planning, installation, and management of the new and existing
conservation activities.
``(4) Priority resource concern.--The term `priority resource
concern' means a resource concern that is identified at the State
level, in consultation with the State Technical Committee, as a
priority for a particular watershed or area of the State.
``(5) Program.--The term `program' means the conservation
stewardship program established by this subchapter.
``(6) Resource concern.--The term `resource concern' means a
specific natural resource impairment or problem, as determined by
the Secretary, that--
``(A) represents a significant concern in a State or
region; and
``(B) is likely to be addressed successfully through the
implementation of conservation activities by producers on land
eligible for enrollment in the program.
``(7) Stewardship threshold.--The term `stewardship threshold'
means the level of natural resource conservation and environmental
management required, as determined by the Secretary using
conservation measurement tools, to improve and conserve the quality
and condition of a resource concern.
``SEC. 1238E. CONSERVATION STEWARDSHIP PROGRAM.
``(a) Establishment and Purpose.--During each of fiscal years 2009
through 2012, the Secretary shall carry out a conservation stewardship
program to encourage producers to address resource concerns in a
comprehensive manner--
``(1) by undertaking additional conservation activities; and
``(2) by improving, maintaining and managing existing
conservation activities.
``(b) Eligible Land.--
``(1) In general.--Except as provided in subsection (c), the
following land is eligible for enrollment in the program:
``(A) Private agricultural land (including cropland,
grassland, prairie land, improved pastureland, rangeland, and
land used for agro-forestry).
``(B) Agricultural land under the jurisdiction of an Indian
tribe.
``(C) Forested land that is an incidental part of an
agricultural operation.
``(D) Other private agricultural land (including cropped
woodland, marshes, and agricultural land used for the
production of livestock) on which resource concerns related to
agricultural production could be addressed by enrolling the
land in the program, as determined by the Secretary.
``(2) Special rule for nonindustrial private forest land.--
Nonindustrial private forest land is eligible for enrollment in the
program, except that not more than 10 percent of the annual acres
enrolled nationally in any fiscal year may be nonindustrial private
forest land.
``(3) Agricultural operation.--Eligible land shall include all
acres of an agricultural operation of a producer, whether or not
contiguous, that are under the effective control of the producer at
the time the producer enters into a stewardship contract, and is
operated by the producer with equipment, labor, management, and
production or cultivation practices that are substantially separate
from other agricultural operations, as determined by the Secretary.
``(c) Exclusions.--
``(1) Land enrolled in other conservation programs.--Subject to
paragraph (2), the following land is not be eligible for enrollment
in the program:
``(A) Land enrolled in the conservation reserve program.
``(B) Land enrolled in the wetlands reserve program.
``(C) Land enrolled in the grassland reserve program.
``(2) Conversion to cropland.--Land used for crop production
after the date of enactment of the Food, Conservation, and Energy
Act of 2008 that had not been planted, considered to be planted, or
devoted to crop production for at least 4 of the 6 years preceding
that date shall not be the basis for any payment under the program,
unless the land does not meet the requirement because--
``(A) the land had previously been enrolled in the
conservation reserve program;
``(B) the land has been maintained using long-term crop
rotation practices, as determined by the Secretary; or
``(C) the land is incidental land needed for efficient
operation of the farm or ranch, as determined by the Secretary.
``SEC. 1238F. STEWARDSHIP CONTRACTS.
``(a) Submission of Contract Offers.--To be eligible to participate
in the conservation stewardship program, a producer shall submit to the
Secretary for approval a contract offer that--
``(1) demonstrates to the satisfaction of the Secretary that
the producer, at the time of the contract offer, is meeting the
stewardship threshold for at least one resource concern; and
``(2) would, at a minimum, meet or exceed the stewardship
threshold for at least 1 priority resource concern by the end of
the stewardship contract by--
``(A) installing and adopting additional conservation
activities; and
``(B) improving, maintaining, and managing conservation
activities in place at the operation of the producer at the
time the contract offer is accepted by the Secretary.
``(b) Evaluation of Contract Offers.--
``(1) Ranking of applications.--In evaluating contract offers
made by producers to enter into contracts under the program, the
Secretary shall rank applications based on--
``(A) the level of conservation treatment on all applicable
priority resource concerns at the time of application, based to
the maximum extent practicable on conservation measurement
tools;
``(B) the degree to which the proposed conservation
treatment on applicable priority resource concerns effectively
increases conservation performance, based to the maximum extent
possible on conservation measurement tools;
``(C) the number of applicable priority resource concerns
proposed to be treated to meet or exceed the stewardship
threshold by the end of the contract;
``(D) the extent to which other resource concerns, in
addition to priority resource concerns, will be addressed to
meet or exceed the stewardship threshold by the end of the
contract period; and
``(E) the extent to which the actual and anticipated
environmental benefits from the contract are provided at the
least cost relative to other similarly beneficial contract
offers.
``(2) Prohibition.--The Secretary may not assign a higher
priority to any application because the applicant is willing to
accept a lower payment than the applicant would otherwise be
eligible to receive.
``(3) Additional criteria.--The Secretary may develop and use
such additional criteria for evaluating applications to enroll in
the program that the Secretary determines are necessary to ensure
that national, State, and local conservation priorities are
effectively addressed.
``(c) Entering Into Contracts.--After a determination that a
producer is eligible for the program under subsection (a), and a
determination that the contract offer ranks sufficiently high under the
evaluation criteria under subsection (b), the Secretary shall enter
into a conservation stewardship contract with the producer to enroll
the land to be covered by the contract.
``(d) Contract Provisions.--
``(1) Term.--A conservation stewardship contract shall be for a
term of 5 years.
``(2) Provisions.--The conservation stewardship contract of a
producer shall--
``(A) state the amount of the payment the Secretary agrees
to make to the producer for each year of the conservation
stewardship contract under section 1238G(e);
``(B) require the producer--
``(i) to implement during the term of the conservation
stewardship contract the conservation stewardship plan
approved by the Secretary;
``(ii) to maintain, and make available to the Secretary
at such times as the Secretary may request, appropriate
records showing the effective and timely implementation of
the conservation stewardship contract; and
``(iii) not to engage in any activity during the term
of the conservation stewardship contract on the eligible
land covered by the contract that would interfere with the
purposes of the conservation stewardship contract;
``(C) permit all economic uses of the land that--
``(i) maintain the agricultural nature of the land; and
``(ii) are consistent with the conservation purposes of
the conservation stewardship contract;
``(D) include a provision to ensure that a producer shall
not be considered in violation of the contract for failure to
comply with the contract due to circumstances beyond the
control of the producer, including a disaster or related
condition, as determined by the Secretary; and
``(E) include such other provisions as the Secretary
determines necessary to ensure the purposes of the program are
achieved.
``(e) Contract Renewal.--At the end of an initial conservation
stewardship contract of a producer, the Secretary may allow the
producer to renew the contract for one additional five-year period if
the producer--
``(1) demonstrates compliance with the terms of the existing
contract; and
``(2) agrees to adopt new conservation activities, as
determined by the Secretary.
``(f) Modification.--The Secretary may allow a producer to modify a
stewardship contract if the Secretary determines that the modification
is consistent with achieving the purposes of the program.
``(g) Contract Termination.--
``(1) Voluntary termination.--A producer may terminate a
conservation stewardship contract if the Secretary determines that
termination would not defeat the purposes of the program.
``(2) Involuntary termination.--The Secretary may terminate a
contract under this subchapter if the Secretary determines that the
producer violated the contract.
``(3) Repayment.--If a contract is terminated, the Secretary
may, consistent with the purposes of the program--
``(A) allow the producer to retain payments already
received under the contract; or
``(B) require repayment, in whole or in part, of payments
already received and assess liquidated damages.
``(4) Change of interest in land subject to a contract.--
``(A) In general.--Except as provided in paragraph (B), a
change in the interest of a producer in land covered by a
contract under this chapter shall result in the termination of
the contract with regard to that land.
``(B) Transfer of duties and rights.--Subparagraph (A)
shall not apply if--
``(i) within a reasonable period of time (as determined
by the Secretary) after the date of the change in the
interest in land covered by a contract under the program,
the transferee of the land provides written notice to the
Secretary that all duties and rights under the contract
have been transferred to, and assumed by, the transferee;
and
``(ii) the transferee meets the eligibility
requirements of the program.
``(h) Coordination With Organic Certification.--The Secretary shall
establish a transparent means by which producers may initiate organic
certification under the Organic Foods Production Act of 1990 (7 U.S.C.
6501 et. seq.) while participating in a contract under this subchapter.
``(i) On-Farm Research and Demonstration or Pilot Testing.--The
Secretary may approve a contract offer under this subchapter that
includes--
``(1) on-farm conservation research and demonstration
activities; and
``(2) pilot testing of new technologies or innovative
conservation practices.
``SEC. 1238G. DUTIES OF THE SECRETARY.
``(a) In General.--To achieve the conservation goals of a contract
under the conservation stewardship program, the Secretary shall--
``(1) make the program available to eligible producers on a
continuous enrollment basis with 1 or more ranking periods, one of
which shall occur in the first quarter of each fiscal year;
``(2) identify not less than 3 nor more than 5 priority
resource concerns in a particular watershed or other appropriate
region or area within a State; and
``(3) develop reliable conservation measurement tools for
purposes of carrying out the program.
``(b) Allocation to States.--The Secretary shall allocate acres to
States for enrollment, based--
``(1) primarily on each State's proportion of eligible acres
under section 1238E(b)(1) to the total number of eligible acres in
all States; and
``(2) also on consideration of--
``(A) the extent and magnitude of the conservation needs
associated with agricultural production in each State;
``(B) the degree to which implementation of the program in
the State is, or will be, effective in helping producers
address those needs; and
``(C) other considerations to achieve equitable geographic
distribution of funds, as determined by the Secretary.
``(c) Specialty Crop and Organic Producers.--The Secretary shall
ensure that outreach and technical assistance are available, and
program specifications are appropriate to enable specialty crop and
organic producers to participate in the program.
``(d) Acreage Enrollment Limitation.--During the period beginning
on October 1, 2008, and ending on September 30, 2017, the Secretary
shall, to the maximum extent practicable--
``(1) enroll in the program an additional 12,769,000 acres for
each fiscal year; and
``(2) manage the program to achieve a national average rate of
$18 per acre, which shall include the costs of all financial
assistance, technical assistance, and any other expenses associated
with enrollment or participation in the program.
``(e) Conservation Stewardship Payments.--
``(1) Availability of payments.--The Secretary shall provide a
payment under the program to compensate the producer for--
``(A) installing and adopting additional conservation
activities; and
``(B) improving, maintaining, and managing conservation
activities in place at the operation of the producer at the
time the contract offer is accepted by the Secretary.
``(2) Payment amount.--The amount of the conservation
stewardship payment shall be determined by the Secretary and based,
to the maximum extent practicable, on the following factors:
``(A) Costs incurred by the producer associated with
planning, design, materials, installation, labor, management,
maintenance, or training.
``(B) Income forgone by the producer.
``(C) Expected environmental benefits as determined by
conservation measurement tools.
``(3) Exclusions.--A payment to a producer under this
subsection shall not be provided for--
``(A) the design, construction, or maintenance of animal
waste storage or treatment facilities or associated waste
transport or transfer devices for animal feeding operations; or
``(B) conservation activities for which there is no cost
incurred or income forgone to the producer.
``(4) Timing of payments.--
``(A) In general.--The Secretary shall make payments as
soon as practicable after October 1 of each fiscal year for
activities carried out in the previous fiscal year.
``(B) Additional activities.--The Secretary shall make
payments to compensate producers for installation of additional
practices at the time at which the practices are installed and
adopted.
``(f) Supplemental Payments for Resource-Conserving Crop
Rotations.--
``(1) Availability of payments.--The Secretary shall provide
additional payments to producers that, in participating in the
program, agree to adopt resource-conserving crop rotations to
achieve beneficial crop rotations as appropriate for the land of
the producers.
``(2) Beneficial crop rotations.--The Secretary shall determine
whether a resource-conserving crop rotation is a beneficial crop
rotation eligible for additional payments under paragraph (1),
based on whether the resource-conserving crop rotation is designed
to provide natural resource conservation and production benefits.
``(3) Eligibility.--To be eligible to receive a payment
described in paragraph (1), a producer shall agree to adopt and
maintain beneficial resource-conserving crop rotations for the term
of the contract.
``(4) Resource-conserving crop rotation.--In this subsection,
the term `resource-conserving crop rotation' means a crop rotation
that--
``(A) includes at least 1 resource conserving crop (as
defined by the Secretary);
``(B) reduces erosion;
``(C) improves soil fertility and tilth;
``(D) interrupts pest cycles; and
``(E) in applicable areas, reduces depletion of soil
moisture or otherwise reduces the need for irrigation.
``(g) Payment Limitations.--A person or legal entity may not
receive, directly or indirectly, payments under this subchapter that,
in the aggregate, exceed $200,000 for all contracts entered into during
any 5-year period, excluding funding arrangements with federally
recognized Indian tribes or Alaska Native corporations, regardless of
the number of contracts entered into under the program by the person or
entity.
``(h) Regulations.--The Secretary shall promulgate regulations
that--
``(1) prescribe such other rules as the Secretary determines to
be necessary to ensure a fair and reasonable application of the
limitations established under subsection (g); and
``(2) otherwise enable the Secretary to carry out the program.
``(i) Data.--The Secretary shall maintain detailed and segmented
data on contracts and payments under the program to allow for
quantification of the amount of payments made for--
``(1) the installation and adoption of additional conservation
activities and improvements to conservation activities in place on
the operation of a producer at the time the conservation
stewardship offer is accepted by the Secretary;
``(2) participation in research, demonstration, and pilot
projects; and
``(3) the development and periodic assessment and evaluation of
conservation plans developed under this subchapter.''.
(b) Termination of Conservation Security Program Authority; Effect
on Existing Contracts.--Section 1238A of the Food Security Act of 1985
(16 U.S.C. 3838a) is amended by adding at the end the following new
subsection:
``(g) Prohibition on Conservation Security Program Contracts;
Effect on Existing Contracts.--
``(1) Prohibition.--A conservation security contract may not be
entered into or renewed under this subchapter after September 30,
2008.
``(2) Exception.--This subchapter, and the terms and conditions
of the conservation security program, shall continue to apply to--
``(A) conservation security contracts entered into on or
before September 30, 2008; and
``(B) any conservation security contract entered into after
that date, but for which the application for the contract was
received during the 2008 sign-up period.
``(3) Effect on payments.--The Secretary shall make payments
under this subchapter with respect to conservation security
contracts described in paragraph (2) during the remaining term of
the contracts.
``(4) Regulations.--A contract described in paragraph (2) may
not be administered under the regulations issued to carry out the
conservation stewardship program.''.
(c) Reference to Redesignated Subchapter.--Section 1238A(b)(3)(C)
of title XII of the Food Security Act of 1985 (16 U.S.C.
3838a(b)(3)(C)) is amended by striking ``subchapter C'' and inserting
``subchapter D''.
Subtitle E--Farmland Protection and Grassland Reserve
SEC. 2401. FARMLAND PROTECTION PROGRAM.
(a) Definitions.--Section 1238H of the Food Security Act of 1985
(16 U.S.C. 3838h) is amended--
(1) by striking paragraph (1) and inserting the following new
paragraph:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) any agency of any State or local government or an
Indian tribe (including a farmland protection board or land
resource council established under State law); or
``(B) any organization that--
``(i) is organized for, and at all times since the
formation of the organization has been operated principally
for, 1 or more of the conservation purposes specified in
clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of
the Internal Revenue Code of 1986;
``(ii) is an organization described in section
501(c)(3) of that Code that is exempt from taxation under
section 501(a) of that Code; and
``(iii) is--
``(I) described in paragraph (1) or (2) of section
509(a) of that Code; or
``(II) described in section 509(a)(3), and is
controlled by an organization described in section
509(a)(2), of that Code.''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``that--'' and inserting ``that is
subject to a pending offer for purchase from an eligible
entity and--''; and
(ii) by striking clauses (i) and (ii) and inserting the
following new clauses:
``(i) has prime, unique, or other productive soil;
``(ii) contains historical or archaeological resources;
or
``(iii) the protection of which will further a State or
local policy consistent with the purposes of the
program.''; and
(B) in subparagraph (B)--
(i) in clause (iv), by striking ``and'' at the end; and
(ii) by striking clause (v) and inserting the following
new clauses:
``(v) forest land that--
``(I) contributes to the economic viability of an
agricultural operation; or
``(II) serves as a buffer to protect an
agricultural operation from development; and
``(vi) land that is incidental to land described in
clauses (i) through (v), if such land is necessary for the
efficient administration of a conservation easement, as
determined by the Secretary.''.
(b) Farmland Protection.--Section 1238I of the Food Security Act of
1985 (16 U.S.C. 3838i) is amended to read as follows:
``SEC. 1238I. FARMLAND PROTECTION PROGRAM.
``(a) Establishment.--The Secretary shall establish and carry out a
farmland protection program under which the Secretary shall facilitate
and provide funding for the purchase of conservation easements or other
interests in eligible land.
``(b) Purpose.--The purpose of the program is to protect the
agricultural use and related conservation values of eligible land by
limiting nonagricultural uses of that land.
``(c) Cost-Share Assistance.--
``(1) Provision of assistance.--The Secretary shall provide
cost-share assistance to eligible entities for purchasing a
conservation easement or other interest in eligible land.
``(2) Federal share.--The share of the cost provided by the
Secretary for purchasing a conservation easement or other interest
in eligible land shall not exceed 50 percent of the appraised fair
market value of the conservation easement or other interest in
eligible land.
``(3) Non-federal share.--
``(A) Share provided by eligible entity.--The eligible
entity shall provide a share of the cost of purchasing a
conservation easement or other interest in eligible land in an
amount that is not less than 25 percent of the acquisition
purchase price.
``(B) Landowner contribution.--As part of the non-Federal
share of the cost of purchasing a conservation easement or
other interest in eligible land, an eligible entity may include
a charitable donation or qualified conservation contribution
(as defined by section 170(h) of the Internal Revenue Code of
1986) from the private landowner from which the conservation
easement or other interest in land will be purchased.
``(d) Determination of Fair Market Value.--Effective on the date of
enactment of the Food, Conservation, and Energy Act of 2008, the fair
market value of the conservation easement or other interest in eligible
land shall be determined on the basis of an appraisal using an industry
approved method, selected by the eligible entity and approved by the
Secretary.
``(e) Bidding Down Prohibited.--If the Secretary determines that 2
or more applications for cost-share assistance are comparable in
achieving the purpose of the program, the Secretary shall not assign a
higher priority to any 1 of those applications solely on the basis of
lesser cost to the program.
``(f) Condition on Assistance.--
``(1) Conservation plan.--Any highly erodible cropland for
which a conservation easement or other interest is purchased using
cost-share assistance provided under the program shall be subject
to a conservation plan that requires, at the option of the
Secretary, the conversion of the cropland to less intensive uses.
``(2) Contingent right of enforcement.--The Secretary shall
require the inclusion of a contingent right of enforcement for the
Secretary in the terms of a conservation easement or other interest
in eligible land that is purchased using cost-share assistance
provided under the program.
``(g) Agreements With Eligible Entities.--
``(1) In general.--The Secretary shall enter into agreements
with eligible entities to stipulate the terms and conditions under
which the eligible entity is permitted to use cost-share assistance
provided under subsection (c).
``(2) Length of agreements.--An agreement under this subsection
shall be for a term that is--
``(A) in the case of an eligible entity certified under the
process described in subsection (h), a minimum of five years;
and
``(B) for all other eligible entities, at least three, but
not more than five years.
``(3) Substitution of qualified projects.--An agreement shall
allow, upon mutual agreement of the parties, substitution of
qualified projects that are identified at the time of the proposed
substitution.
``(4) Minimum requirements.--An eligible entity shall be
authorized to use its own terms and conditions, as approved by the
Secretary, for conservation easements and other purchases of
interests in land, so long as such terms and conditions--
``(A) are consistent with the purposes of the program;
``(B) permit effective enforcement of the conservation
purposes of such easements or other interests; and
``(C) include a limit on the impervious surfaces to be
allowed that is consistent with the agricultural activities to
be conducted.
``(5) Effect of violation.--If a violation occurs of a term or
condition of an agreement entered into under this subsection--
``(A) the agreement shall remain in force; and
``(B) the Secretary may require the eligible entity to
refund all or part of any payments received by the entity under
the program, with interest on the payments as determined
appropriate by the Secretary.
``(h) Certification of Eligible Entities.--
``(1) Certification process.--The Secretary shall establish a
process under which the Secretary may--
``(A) directly certify eligible entities that meet
established criteria;
``(B) enter into long-term agreements with certified
entities, as authorized by subsection (g)(2)(A); and
``(C) accept proposals for cost-share assistance to
certified entities for the purchase of conservation easements
or other interests in eligible land throughout the duration of
such agreements.
``(2) Certification criteria.--In order to be certified, an
eligible entity shall demonstrate to the Secretary that the entity
will maintain, at a minimum, for the duration of the agreement--
``(A) a plan for administering easements that is consistent
with the purpose of this subchapter;
``(B) the capacity and resources to monitor and enforce
conservation easements or other interests in land; and
``(C) policies and procedures to ensure--
``(i) the long-term integrity of conservation easements
or other interests in eligible land;
``(ii) timely completion of acquisitions of easements
or other interests in eligible land; and
``(iii) timely and complete evaluation and reporting to
the Secretary on the use of funds provided by the Secretary
under the program.
``(3) Review and revision.--
``(A) Review.--The Secretary shall conduct a review of
eligible entities certified under paragraph (1) every three
years to ensure that such entities are meeting the criteria
established under paragraph (2).
``(B) Revocation.--If the Secretary finds that the
certified entity no longer meets the criteria established under
paragraph (2), the Secretary may--
``(i) allow the certified entity a specified period of
time, at a minimum 180 days, in which to take such actions
as may be necessary to meet the criteria; and
``(ii) revoke the certification of the entity, if after
the specified period of time, the certified entity does not
meet the criteria established in paragraph (2).''.
SEC. 2402. FARM VIABILITY PROGRAM.
Section 1238J(b) of the Food Security Act of 1985 (16 U.S.C.
3838j(b)) is amended by striking ``2007'' and inserting ``2012''.
SEC. 2403. GRASSLAND RESERVE PROGRAM.
Subchapter D of chapter 2 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3838n et seq.), as redesignated by
section 2301(a)(1), is amended to read as follows:
``Subchapter D--Grassland Reserve Program
``SEC. 1238N. GRASSLAND RESERVE PROGRAM.
``(a) Establishment and Purpose.--The Secretary shall establish a
grassland reserve program (referred to in this subchapter as the
`program') for the purpose of assisting owners and operators in
protecting grazing uses and related conservation values by restoring
and conserving eligible land through rental contracts, easements, and
restoration agreements.
``(b) Enrollment of Acreage.--
``(1) Acreage enrolled.--The Secretary shall enroll an
additional 1,220,000 acres of eligible land in the program during
fiscal years 2009 through 2012.
``(2) Methods of enrollment.--The Secretary shall enroll
eligible land in the program through the use of;
``(A) a 10-year, 15-year, or 20-year rental contract;
``(B) a permanent easement; or
``(C) in a State that imposes a maximum duration for
easements, an easement for the maximum duration allowed under
the law of that State.
``(3) Limitation.--Of the total amount of funds expended under
the program to acquire rental contracts and easements described in
paragraph (2), the Secretary shall use, to the extent practicable--
``(A) 40 percent for rental contacts; and
``(B) 60 percent for easements.
``(4) Enrollment of conservation reserve land.--
``(A) Priority.--Upon expiration of a contract under
subchapter B of chapter 1 of this subtitle, the Secretary shall
give priority for enrollment in the program to land previously
enrolled in the conservation reserve program if--
``(i) the land is eligible land, as defined in
subsection (c); and
``(ii) the Secretary determines that the land is of
high ecological value and under significant threat of
conversion to uses other than grazing.
``(B) Maximum enrollment.--The number of acres of land
enrolled under the priority described in subparagraph (A) in a
calendar year shall not exceed 10 percent of the total number
of acres enrolled in the program in that calendar year.
``(c) Eligible Land Defined.--For purposes of the program, the term
`eligible land' means private or tribal land that--
``(1) is grassland, land that contains forbs, or shrubland
(including improved rangeland and pastureland) for which grazing is
the predominant use;
``(2) is located in an area that has been historically
dominated by grassland, forbs, or shrubland, and the land--
``(A) could provide habitat for animal or plant populations
of significant ecological value if the land--
``(i) is retained in its current use; or
``(ii) is restored to a natural condition;
``(B) contains historical or archaeological resources; or
``(C) would address issues raised by State, regional, and
national conservation priorities; or
``(3) is incidental to land described in paragraph (1) or (2),
if the incidental land is determined by the Secretary to be
necessary for the efficient administration of a rental contract or
easement under the program.
``SEC. 1238O. DUTIES OF OWNERS AND OPERATORS.
``(a) Rental Contracts.--To be eligible to enroll eligible land in
the program under a rental contract, the owner or operator of the land
shall agree--
``(1) to comply with the terms of the contract and, when
applicable, a restoration agreement;
``(2) to suspend any existing cropland base and allotment
history for the land under another program administered by the
Secretary; and
``(3) to implement a grazing management plan, as approved by
the Secretary, which may be modified upon mutual agreement of the
parties.
``(b) Easements.--To be eligible to enroll eligible land in the
program through an easement, the owner of the land shall agree--
``(1) to grant an easement to the Secretary or to an eligible
entity described in section 1238Q;
``(2) to create and record an appropriate deed restriction in
accordance with applicable State law to reflect the easement;
``(3) to provide a written statement of consent to the easement
signed by persons holding a security interest or any vested
interest in the land;
``(4) to provide proof of unencumbered title to the underlying
fee interest in the land that is the subject of the easement;
``(5) to comply with the terms of the easement and, when
applicable, a restoration agreement;
``(6) to implement a grazing management plan, as approved by
the Secretary, which may be modified upon mutual agreement of the
parties; and
``(7) to eliminate any existing cropland base and allotment
history for the land under another program administered by the
Secretary.
``(c) Restoration Agreements.--
``(1) When applicable.--To be eligible for cost-share
assistance to restore eligible land subject to a rental contract or
an easement under the program, the owner or operator of the land
shall agree to comply with the terms of a restoration agreement.
``(2) Terms and conditions.--The Secretary shall prescribe the
terms and conditions of a restoration agreement by which eligible
land that is subject to a rental contract or easement under the
program shall be restored.
``(3) Duties.--The restoration agreement shall describe the
respective duties of the owner or operator and the Secretary,
including the Federal share of restoration payments and technical
assistance.
``(d) Terms and Conditions Applicable to Rental Contracts and
Easements.--
``(1) Permissible activities.--The terms and conditions of a
rental contract or easement under the program shall permit--
``(A) common grazing practices, including maintenance and
necessary cultural practices, on the land in a manner that is
consistent with maintaining the viability of grassland, forb,
and shrub species appropriate to that locality;
``(B) haying, mowing, or harvesting for seed production,
subject to appropriate restrictions during the nesting season
for birds in the local area that are in significant decline or
are conserved in accordance with Federal or State law, as
determined by the State Conservationist;
``(C) fire presuppression, rehabilitation, and construction
of fire breaks; and
``(D) grazing related activities, such as fencing and
livestock watering.
``(2) Prohibitions.--The terms and conditions of a rental
contract or easement under the program shall prohibit--
``(A) the production of crops (other than hay), fruit
trees, vineyards, or any other agricultural commodity that is
inconsistent with maintaining grazing land; and
``(B) except as permitted under a restoration plan, the
conduct of any other activity that would be inconsistent with
maintaining grazing land enrolled in the program.
``(3) Additional terms and conditions.--A rental contract or
easement under the program shall include such additional provisions
as the Secretary determines are appropriate to carry out or
facilitate the purposes and administration of the program.
``(e) Violations.--On a violation of the terms or conditions of a
rental contract, easement, or restoration agreement entered into under
this section--
``(1) the contract or easement shall remain in force; and
``(2) the Secretary may require the owner or operator to refund
all or part of any payments received under the program, with
interest on the payments as determined appropriate by the
Secretary.
``SEC. 1238P. DUTIES OF SECRETARY.
``(a) Evaluation and Ranking of Applications.--
``(1) Criteria.--The Secretary shall establish criteria to
evaluate and rank applications for rental contracts and easements
under the program .
``(2) Considerations.--In establishing the criteria, the
Secretary shall emphasize support for--
``(A) grazing operations;
``(B) plant and animal biodiversity; and
``(C) grassland, land that contains forbs, and shrubland
under the greatest threat of conversion to uses other than
grazing.
``(b) Payments.--
``(1) In general.--In return for the execution of a rental
contract or the granting of an easement by an owner or operator
under the program, the Secretary shall--
``(A) make rental contract or easement payments to the
owner or operator in accordance with paragraphs (2) and (3);
and
``(B) make payments to the owner or operator under a
restoration agreement for the Federal share of the cost of
restoration in accordance with paragraph (4).
``(2) Rental contract payments.--
``(A) Percentage of grazing value of land.--In return for
the execution of a rental contract by an owner or operator
under the program, the Secretary shall make annual payments
during the term of the contract in an amount, subject to
subparagraph (B), that is not more than 75 percent of the
grazing value of the land covered by the contract.
``(B) Payment limitation.--Payments made under 1 or more
rental contracts to a person or legal entity, directly or
indirectly, may not exceed, in the aggregate, $50,000 per year.
``(3) Easement payments.--
``(A) In general.--Subject to subparagraph (B), in return
for the granting of an easement by an owner under the program,
the Secretary shall make easement payments in an amount not to
exceed the fair market value of the land less the grazing value
of the land encumbered by the easement.
``(B) Method for determination of compensation.--In making
a determination under subparagraph (A), the Secretary shall pay
as compensation for a easement acquired under the program the
lowest of--
``(i) the fair market value of the land encumbered by
the easement, as determined by the Secretary, using--
``(I) the Uniform Standards of Professional
Appraisal Practices; or
``(II) an area-wide market analysis or survey;
``(ii) the amount corresponding to a geographical cap,
as determined by the Secretary in regulations; or
``(iii) the offer made by the landowner.
``(C) Schedule.--Easement payments may be provided in up to
10 annual payments of equal or unequal amount, as agreed to by
the Secretary and the owner.
``(4) Restoration agreement payments.--
``(A) Federal share of restoration.--The Secretary shall
make payments to an owner or operator under a restoration
agreement of not more than 50 percent of the costs of carrying
out measures and practices necessary to restore functions and
values of that land.
``(B) Payment limitation.--Payments made under 1 or more
restoration agreements to a person or legal entity, directly or
indirectly, may not exceed, in the aggregate, $50,000 per year.
``(5) Payments to others.--If an owner or operator who is
entitled to a payment under the program dies, becomes incompetent,
is otherwise unable to receive the payment, or is succeeded by
another person who renders or completes the required performance,
the Secretary shall make the payment, in accordance with
regulations promulgated by the Secretary and without regard to any
other provision of law, in such manner as the Secretary determines
is fair and reasonable in light of all the circumstances.
``SEC. 1238Q. DELEGATION OF DUTY.
``(a) Authority to Delegate.--The Secretary may delegate a duty
under the program--
``(1) by transferring title of ownership to an easement to an
eligible entity to hold and enforce; or
``(2) by entering into a cooperative agreement with an eligible
entity for the eligible entity to own, write, and enforce an
easement.
``(b) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) an agency of State or local government or an Indian
tribe; or
``(2) an organization that--
``(A) is organized for, and at all times since the
formation of the organization has been operated principally
for, one or more of the conservation purposes specified in
clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the
Internal Revenue Code of 1986;
``(B) is an organization described in section 501(c)(3) of
that Code that is exempt from taxation under section 501(a) of
that Code; and
``(C) is described in--
``(i) paragraph (1) or (2) of section 509(a) of that
Code; or
``(ii) in section 509(a)(3) of that Code, and is
controlled by an organization described in section
509(a)(2) of that Code.
``(c) Transfer of Title of Ownership.--
``(1) Transfer.--The Secretary may transfer title of ownership
to 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--
``(A) the Secretary determines that the transfer will
promote protection of grassland, land that contains forbs, or
shrubland;
``(B) the owner authorizes the eligible entity to hold or
enforce the easement; and
``(C) the eligible entity 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.
``(2) Application.--An eligible entity that seeks to hold and
enforce an easement shall apply to the Secretary for approval.
``(3) Approval by secretary.--The Secretary may approve an
application described in paragraph (2) if the eligible entity--
``(A) has the relevant experience necessary, as appropriate
for the application, to administer an easement on grassland,
land that contains forbs, or shrubland;
``(B) has a charter that describes a commitment to
conserving ranchland, agricultural land, or grassland for
grazing and conservation purposes; and
``(C) has the resources necessary to effectuate the
purposes of the charter.
``(d) Cooperative Agreements.--
``(1) Authorized; terms and conditions.--The Secretary shall
establish the terms and conditions of a cooperative agreement under
which an eligible entity shall use funds provided by the Secretary
to own, write, and enforce an easement, in lieu of the Secretary.
``(2) Minimum requirements.--At a minimum, the cooperative
agreement shall--
``(A) specify the qualification of the eligible entity to
carry out the entity's responsibilities under the program,
including acquisition, monitoring, enforcement, and
implementation of management policies and procedures that
ensure the long-term integrity of the easement protections;
``(B) require the eligible entity 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;
``(C) specify the right of the Secretary to conduct
periodic inspections to verify the eligible entity's
enforcement of the easement;
``(D) subject to subparagraph (E), identify a specific
project or a range of projects to be funded under the
agreement;
``(E) allow, upon mutual agreement of the parties,
substitution of qualified projects that are identified at the
time of substitution;
``(F) specify the manner in which the eligible entity will
evaluate and report the use of funds to the Secretary;
``(G) allow the eligible entity flexibility to develop and
use terms and conditions for easements, if the Secretary finds
the terms and conditions consistent with the purposes of the
program and adequate to enable effective enforcement of the
easements;
``(H) if applicable, allow an eligible entity to include a
charitable donation or qualified conservation contribution (as
defined by section 170(h) of the Internal Revenue Code of 1986)
from the landowner from which the easement will be purchased as
part of the entity's share of the cost to purchase an easement;
and
``(I) provide for a schedule of payments to an eligible
entity, as agreed to by the Secretary and the eligible entity.
``(3) Cost sharing.--
``(A) In general.--As part of a cooperative agreement with
an eligible entity under this subsection, the Secretary may
provide a share of the purchase price of an easement under the
program.
``(B) Minimum share by eligible entity.--The eligible
entity shall be required to provide a share of the purchase
price at least equivalent to that provided by the Secretary.
``(C) Priority.--The Secretary may accord a higher priority
to proposals from eligible entities that leverage a greater
share of the purchase price of the easement.
``(4) Violation.--If an eligible entity violates the terms or
conditions of a cooperative agreement entered into under this
subsection--
``(A) the cooperative agreement shall remain in force; and
``(B) the Secretary may require the eligible entity to
refund all or part of any payments received by the eligible
entity under the program, with interest on the payments as
determined appropriate by the Secretary.
``(e) Protection of Federal Investment.--When delegating a duty
under this section, the Secretary shall ensure that the terms of an
easement include a contingent right of enforcement for the
Department.''.
Subtitle F--Environmental Quality Incentives Program
SEC. 2501. PURPOSES OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) Revised Purposes.--Section 1240 of the Food Security Act of
1985 (16 U.S.C. 3839aa) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
forest management,'' after ``agricultural production''; and
(2) by striking paragraphs (3) and (4) and inserting the
following new paragraphs:
``(3) providing flexible assistance to producers to install and
maintain conservation practices that sustain food and fiber
production while--
``(A) enhancing soil, water, and related natural resources,
including grazing land, forestland, wetland, and wildlife; and
``(B) conserving energy;
``(4) assisting producers to make beneficial, cost effective
changes to production systems (including conservation practices
related to organic production), grazing management, fuels
management, forest management, nutrient management associated with
livestock, pest or irrigation management, or other practices on
agricultural and forested land; and''.
(b) Technical Correction.--The Food Security Act of 1985 is amended
by inserting immediately before section 1240 (16 U.S.C. 3839aa) the
following:
``CHAPTER 4--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM''.
SEC. 2502. DEFINITIONS.
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1)
is amended to read as follows:
``SEC. 1240A. DEFINITIONS.
``In this chapter:
``(1) Eligible land.--
``(A) In general.--The term `eligible land' means land on
which agricultural commodities, livestock, or forest-related
products are produced.
``(B) Inclusions.--The term `eligible land' includes the
following:
``(i) Cropland.
``(ii) Grassland.
``(iii) Rangeland.
``(iv) Pasture land.
``(v) Nonindustrial private forest land.
``(vi) Other agricultural land (including cropped
woodland, marshes, and agricultural land used for the
production of livestock) on which resource concerns related
to agricultural production could be addressed through a
contract under the program, as determined by the Secretary.
``(2) National organic program.--The term `national organic
program' means the national organic program established under the
Organic Foods Production Act of 1990 (7 U.S.C. 6501 et. seq.).
``(3) Organic system plan.--The term `organic system plan'
means an organic plan approved under the national organic program.
``(4) Payment.--The term `payment' means financial assistance
provided to a producer for performing practices under this chapter,
including compensation for--
``(A) incurred costs associated with planning, design,
materials, equipment, installation, labor, management,
maintenance, or training; and
``(B) income forgone by the producer.
``(5) Practice.--The term `practice' means 1 or more
improvements and conservation activities that are consistent with
the purposes of the program under this chapter, as determined by
the Secretary, including--
``(A) improvements to eligible land of the producer,
including--
``(i) structural practices;
``(ii) land management practices;
``(iii) vegetative practices;
``(iv) forest management; and
``(v) other practices that the Secretary determines
would further the purposes of the program; and
``(B) conservation activities involving the development of
plans appropriate for the eligible land of the producer,
including--
``(i) comprehensive nutrient management planning; and
``(ii) other plans that the Secretary determines would
further the purposes of the program under this chapter.
``(6) Program.--The term `program' means the environmental
quality incentives program established by this chapter.''.
SEC. 2503. ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL QUALITY
INCENTIVES PROGRAM.
Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2)
is amended to read as follows:
``SEC. 1240B. ESTABLISHMENT AND ADMINISTRATION.
``(a) Establishment.--During each of the 2002 through 2012 fiscal
years, the Secretary shall provide payments to producers that enter
into contracts with the Secretary under the program.
``(b) Practices and Term.--
``(1) Practices.--A contract under the program may apply to the
performance of one or more practices.
``(2) Term.--A contract under the program shall have a term
that--
``(A) at a minimum, is equal to the period beginning on the
date on which the contract is entered into and ending on the
date that is one year after the date on which all practices
under the contract have been implemented; but
``(B) not to exceed 10 years.
``(c) Bidding Down.--If the Secretary determines that the
environmental values of two or more applications for payments are
comparable, the Secretary shall not assign a higher priority to the
application only because it would present the least cost to the
program.
``(d) Payments.--
``(1) Availability of payments.--Payments are provided to a
producer to implement one or more practices under the program.
``(2) Limitation on payment amounts.--A payment to a producer
for performing a practice may not exceed, as determined by the
Secretary--
``(A) 75 percent of the costs associated with planning,
design, materials, equipment, installation, labor, management,
maintenance, or training;
``(B) 100 percent of income foregone by the producer; or
``(C) in the case of a practice consisting of elements
covered under subparagraphs (A) and (B)--
``(i) 75 percent of the costs incurred for those
elements covered under subparagraph (A); and
``(ii) 100 percent of income foregone for those
elements covered under subparagraph (B).
``(3) Special rule involving payments for foregone income.--In
determining the amount and rate of payments under paragraph (2)(B),
the Secretary may accord great significance to a practice that, as
determined by the Secretary, promotes--
``(A) residue management;
``(B) nutrient management;
``(C) air quality management;
``(D) invasive species management;
``(E) pollinator habitat;
``(F) animal carcass management technology; or
``(G) pest management.
``(4) Increased payments for certain producers.--
``(A) In general.--Notwithstanding paragraph (2), in the
case of a producer that is a limited resource, socially
disadvantaged farmer or rancher or a beginning farmer or
rancher, the Secretary shall increase the amount that would
otherwise be provided to a producer under this subsection--
``(i) to not more than 90 percent of the costs
associated with planning, design, materials, equipment,
installation, labor, management, maintenance, or training;
and
``(ii) to not less than 25 percent above the otherwise
applicable rate.
``(B) Advance payments.--Not more than 30 percent of the
amount determined under subparagraph (A) may be provided in
advance for the purpose of purchasing materials or contracting.
``(5) Financial assistance from other sources.--Except as
provided in paragraph (6), any payments received by a producer from
a State or private organization or person for the implementation of
one or more practices on eligible land of the producer shall be in
addition to the payments provided to the producer under this
subsection.
``(6) Other payments.--A producer shall not be eligible for
payments for practices on eligible land under the program if the
producer receives payments or other benefits for the same practice
on the same land under another program under this subtitle.
``(e) Modification or Termination of Contracts.--
``(1) Voluntary modification or termination.--The Secretary may
modify or terminate a contract entered into with a producer under
the program if--
``(A) the producer agrees to the modification or
termination; and
``(B) the Secretary determines that the modification or
termination is in the public interest.
``(2) Involuntary termination.--The Secretary may terminate a
contract under the program if the Secretary determines that the
producer violated the contract.
``(f) Allocation of Funding.--For each of fiscal years 2002 through
2012, 60 percent of the funds made available for payments under the
program shall be targeted at practices relating to livestock
production.
``(g) Funding for Federally Recognized Native American Indian
Tribes and Alaska Native Corporations.--The Secretary may enter into
alternative funding arrangements with federally recognized Native
American Indian Tribes and Alaska Native Corporations (including their
affiliated membership organizations) if the Secretary determines that
the goals and objectives of the program will be met by such
arrangements, and that statutory limitations regarding contracts with
individual producers will not be exceeded by any Tribal or Native
Corporation member.
``(h) Water Conservation or Irrigation Efficiency Practice.--
``(1) Availability of payments.--The Secretary may provide
payments under this subsection to a producer for a water
conservation or irrigation practice.
``(2) Priority.--In providing payments to a producer for a
water conservation or irrigation practice, the Secretary shall give
priority to applications in which--
``(A) consistent with the law of the State in which the
eligible land of the producer is located, there is a reduction
in water use in the operation of the producer; or
``(B) the producer agrees not to use any associated water
savings to bring new land, other than incidental land needed
for efficient operations, under irrigated production, unless
the producer is participating in a watershed-wide project that
will effectively conserve water, as determined by the
Secretary.
``(i) Payments for Conservation Practices Related to Organic
Production.--
``(1) Payments authorized.--The Secretary shall provide
payments under this subsection for conservation practices, on some
or all of the operations of a producer, related--
``(A) to organic production; and
``(B) to the transition to organic production.
``(2) Eligibility requirements.--As a condition for receiving
payments under this subsection, a producer shall agree--
``(A) to develop and carry out an organic system plan; or
``(B) to develop and implement conservation practices for
certified organic production that are consistent with an
organic system plan and the purposes of this chapter.
``(3) Payment limitations.--Payments under this subsection to a
person or legal entity, directly or indirectly, may not exceed, in
the aggregate, $20,000 per year or $80,000 during any 6-year
period. In applying these limitations, the Secretary shall not take
into account payments received for technical assistance.
``(4) Exclusion of certain organic certification costs.--
Payments may not be made under this subsection to cover the costs
associated with organic certification that are eligible for cost-
share payments under section 10606 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 6523).
``(5) Termination of contracts.--The Secretary may cancel or
otherwise nullify a contract to provide payments under this
subsection if the Secretary determines that the producer--
``(A) is not pursuing organic certification; or
``(B) is not in compliance with the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq).''.
SEC. 2504. EVALUATION OF APPLICATIONS.
Section 1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa-3)
is amended to read as follows:
``SEC. 1240C. EVALUATION OF APPLICATIONS.
``(a) Evaluation Criteria.--The Secretary shall develop criteria
for evaluating applications that will ensure that national, State, and
local conservation priorities are effectively addressed.
``(b) Prioritization of Applications.--In evaluating applications
under this chapter, the Secretary shall prioritize applications--
``(1) based on their overall level of cost-effectiveness to
ensure that the conservation practices and approaches proposed are
the most efficient means of achieving the anticipated environmental
benefits of the project;
``(2) based on how effectively and comprehensively the project
addresses the designated resource concern or resource concerns;
``(3) that best fulfill the purpose of the environmental
quality incentives program specified in section 1240(1); and
``(4) that improve conservation practices or systems in place
on the operation at the time the contract offer is accepted or that
will complete a conservation system.
``(c) Grouping of Applications.--To the greatest extent
practicable, the Secretary shall group applications of similar crop or
livestock operations for evaluation purposes or otherwise evaluate
applications relative to other applications for similar farming
operations.''.
SEC. 2505. DUTIES OF PRODUCERS UNDER ENVIRONMENTAL QUALITY INCENTIVES
PROGRAM.
Section 1240D of the Food Security Act of 1985 (16 U.S.C. 3839aa-4)
is amended--
(1) in the matter preceding paragraph (1), by striking
``technical assistance, cost-share payments, or incentive'';
(2) in paragraph (2), by striking ``farm or ranch'' and
inserting ``farm, ranch, or forest land''; and
(3) in paragraph (4), by striking ``cost-share payments and
incentive''.
SEC. 2506. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
(a) Plan of Operations.--Section 1240E(a) of the Food Security Act
of 1985 (16 U.S.C. 3839aa-5(a)) is amended--
(1) in the subsection heading, by striking ``In General'' and
inserting ``Plan of Operations'';
(2) in matter preceding paragraph (1), by striking ``cost-share
payments or incentive'';
(3) in paragraph (2), by striking ``and'' after the semicolon
at the end;
(4) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(4) in the case of forest land, is consistent with the
provisions of a forest management plan that is approved by the
Secretary, which may include--
``(A) a forest stewardship plan described in section 5 of
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103a);
``(B) another practice plan approved by the State forester;
or
``(C) another plan determined appropriate by the
Secretary.''.
(b) Avoidance of Duplication.--Subsection (b) of section 1240E of
the Food Security Act of 1985 (16 U.S.C. 3839aa-5) is amended to read
as follows:
``(b) Avoidance of Duplication.--The Secretary shall--
``(1) consider a plan developed in order to acquire a permit
under a water or air quality regulatory program as the equivalent
of a plan of operations under subsection (a), if the plan contains
elements equivalent to those elements required by a plan of
operations; and
``(2) to the maximum extent practicable, eliminate duplication
of planning activities under the program under this chapter and
comparable conservation programs.''.
SEC. 2507. DUTIES OF THE SECRETARY.
Section 1240F(1) of the Food Security Act of 1985 (16 U.S.C.
3839aa-6(1)) is amended by striking ``cost-share payments or
incentive''.
SEC. 2508. LIMITATION ON ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended--
(1) by striking ``An individual or entity'' and inserting ``(a)
limitation.--Subject to subsection (b), a person or legal entity'';
(2) by striking ``$450,000'' and inserting ``$300,000'';
(3) by striking ``the individual'' both places it appears and
inserting ``the person''; and
(4) by adding at the end the following new subsection:
``(b) Waiver Authority.--In the case of contracts under this
chapter for projects of special environmental significance (including
projects involving methane digesters), as determined by the Secretary,
the Secretary may--
``(1) waive the limitation otherwise applicable under
subsection (a); and
``(2) raise the limitation to not more than $450,000 during any
six-year period.''.
SEC. 2509. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8)
is amended to read as follows:
``SEC. 1240H. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
``(a) Competitive Grants for Innovative Conservation Approaches.--
``(1) Grants.--Out of the funds made available to carry out
this chapter, the Secretary may pay the cost of competitive grants
that are intended to stimulate innovative approaches to leveraging
the Federal investment in environmental enhancement and protection,
in conjunction with agricultural production or forest resource
management, through the program.
``(2) Use.--The Secretary may provide grants under this
subsection to governmental and non-governmental organizations and
persons, on a competitive basis, to carry out projects that--
``(A) involve producers who are eligible for payments or
technical assistance under the program;
``(B) leverage Federal funds made available to carry out
the program under this chapter with matching funds provided by
State and local governments and private organizations to
promote environmental enhancement and protection in conjunction
with agricultural production;
``(C) ensure efficient and effective transfer of innovative
technologies and approaches demonstrated through projects that
receive funding under this section, such as market systems for
pollution reduction and practices for the storage of carbon in
soil; and
``(D) provide environmental and resource conservation
benefits through increased participation by producers of
specialty crops.
``(b) Air Quality Concerns From Agricultural Operations.--
``(1) Implementation assistance.--The Secretary shall provide
payments under this subsection to producers to implement practices
to address air quality concerns from agricultural operations and to
meet Federal, State, and local regulatory requirements. The funds
shall be made available on the basis of air quality concerns in a
State and shall be used to provide payments to producers that are
cost effective and reflect innovative technologies.
``(2) Funding.--Of the funds made available to carry out this
chapter, the Secretary shall carry out this subsection using
$37,500,000 for each of fiscal years 2009 through 2012.''.
SEC. 2510. AGRICULTURAL WATER ENHANCEMENT PROGRAM.
Section 1240I of the Food Security Act of 1985 (16 U.S.C. 3839aa-9)
is amended to read as follows:
``SEC. 1240I. AGRICULTURAL WATER ENHANCEMENT PROGRAM.
``(a) Definitions.--In this section:
``(1) Agricultural water enhancement activity.--The term
`agricultural water enhancement activity' includes the following
activities carried out with respect to agricultural land:
``(A) Water quality or water conservation plan development,
including resource condition assessment and modeling.
``(B) Water conservation restoration or enhancement
projects, including conversion to the production of less water-
intensive agricultural commodities or dryland farming.
``(C) Water quality or quantity restoration or enhancement
projects.
``(D) Irrigation system improvement and irrigation
efficiency enhancement.
``(E) Activities designed to mitigate the effects of
drought.
``(F) Related activities that the Secretary determines will
help achieve water quality or water conservation benefits on
agricultural land.
``(2) Partner.--The term `partner' means an entity that enters
into a partnership agreement with the Secretary to carry out
agricultural water enhancement activities on a regional basis,
including--
``(A) an agricultural or silvicultural producer association
or other group of such producers;
``(B) a State or unit of local government; or
``(C) a federally recognized Indian tribe.
``(3) Partnership agreement.--The term `partnership agreement'
means an agreement between the Secretary and a partner.
``(4) Program.--The term `program' means the agricultural water
enhancement program established under subsection (b).
``(b) Establishment of Program.--Beginning in fiscal year 2009, the
Secretary shall carry out, in accordance with this section and using
such procedures as the Secretary determines to be appropriate, an
agricultural water enhancement program as part of the environmental
quality incentives program to promote ground and surface water
conservation and improve water quality on agricultural lands--
``(1) by entering into contracts with, and making payments to,
producers to carry out agricultural water enhancement activities;
or
``(2) by entering into partnership agreements with partners, in
accordance with subsection (c), on a regional level to benefit
working agricultural land.
``(c) Partnership Agreements.--
``(1) Agreements authorized.--The Secretary may enter into
partnership agreements to meet the objectives of the program
described in subsection (b).
``(2) Applications.--An application to the Secretary to enter
into a partnership agreement under paragraph (1) shall include the
following:
``(A) A description of the geographical area to be covered
by the partnership agreement.
``(B) A description of the agricultural water quality or
water conservation issues to be addressed by the partnership
agreement.
``(C) A description of the agricultural water enhancement
objectives to be achieved through the partnership.
``(D) A description of the partners collaborating to
achieve the project objectives and the roles, responsibilities,
and capabilities of each partner.
``(E) A description of the program resources, including
payments the Secretary is requested to make.
``(F) Such other such elements as the Secretary considers
necessary to adequately evaluate and competitively select
applications for partnership agreements.
``(3) Duties of partners.--A partner under a partnership
agreement shall--
``(A) identify producers participating in the project and
act on their behalf in applying for the program;
``(B) leverage funds provided by the Secretary with
additional funds to help achieve project objectives;
``(C) conduct monitoring and evaluation of project effects;
and
``(D) at the conclusion of the project, report to the
Secretary on project results.
``(d) Agricultural Water Enhancement Activities by Producers.--The
Secretary shall select agricultural water enhancement activities
proposed by producers according to applicable requirements under the
environmental quality incentives program.
``(e) Agricultural Water Enhancement Activities by Partners.--
``(1) Competitive process.--The Secretary shall conduct a
competitive process to select partners. In carrying out the
process, the Secretary shall make public the criteria used in
evaluating applications.
``(2) Authority to give priority to certain proposals.--The
Secretary may give a higher priority to proposals from partners
that--
``(A) include high percentages of agricultural land and
producers in a region or other appropriate area;
``(B) result in high levels of applied agricultural water
quality and water conservation activities;
``(C) significantly enhance agricultural activity;
``(D) allow for monitoring and evaluation; and
``(E) assist producers in meeting a regulatory requirement
that reduces the economic scope of the producer's operation.
``(3) Priority to proposals from states with water quantity
concerns.--The Secretary shall give a higher priority to proposals
from partners that--
``(A) include the conversion of agricultural land from
irrigated farming to dryland farming;
``(B) leverage Federal funds provided under the program
with funds provided by partners; and
``(C) assist producers in States with water quantity
concerns, as determined by the Secretary.
``(4) Administration.--In carrying out this subsection, the
Secretary shall--
``(A) accept qualified applications--
``(i) directly from partners applying on behalf of
producers; or
``(ii) from producers applying through a partner as
part of a regional agricultural water enhancement project;
and
``(B) ensure that resources made available for regional
agricultural water enhancement activities are delivered in
accordance with applicable program rules.
``(f) Areas Experiencing Exceptional Drought.--Notwithstanding the
purposes described in section 1240, the Secretary shall consider as an
eligible agricultural water enhancement activity the use of a water
impoundment to capture surface water runoff on agricultural land if the
agricultural water enhancement activity--
``(1) is located in an area that is experiencing or has
experienced exceptional drought conditions during the previous two
calendar years; and
``(2) will capture surface water runoff through the
construction, improvement, or maintenance of irrigation ponds or
small, on-farm reservoirs.
``(g) Waiver Authority.--To assist in the implementation of
agricultural water enhancement activities under the program, the
Secretary shall waive the applicability of the limitation in section
1001D(b)(2)(B) of this Act for participating producers if the Secretary
determines that the waiver is necessary to fulfill the objectives of
the program.
``(h) Payments Under Program.--
``(1) In general.--The Secretary shall provide appropriate
payments to producers participating in agricultural water
enhancement activities in an amount determined by the secretary to
be necessary to achieve the purposes of the program described in
subsection (b).
``(2) Payments to producers in states with water quantity
concerns.--The Secretary shall provide payments for a period of
five years to producers participating in agricultural water
enhancement activities under proposals described in subsection
(e)(3) in an amount sufficient to encourage producers to convert
from irrigated farming to dryland farming.
``(i) Consistency With State Law.--Any agricultural water
enhancement activity conducted under the program shall be conducted in
a manner consistent with State water law.
``(j) Funding.--
``(1) Availability of funds.--In addition to funds made
available to carry out this chapter under section 1241(a), the
Secretary shall carry out the program using, of the funds of the
Commodity Credit Corporation--
``(A) $73,000,000 for each of fiscal years 2009 and 2010;
``(B) $74,000,000 for fiscal year 2011; and
``(C) $60,000,000 for fiscal year 2012 and each fiscal year
thereafter.
``(2) Limitation on administrative expenses.--None of the funds
made available for regional agricultural water conservation
activities under the program may be used to pay for the
administrative expenses of partners.''.
Subtitle G--Other Conservation Programs of the Food Security Act of
1985
SEC. 2601. CONSERVATION OF PRIVATE GRAZING LAND.
Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C.
3839bb(e)) is amended by striking ``2007'' and inserting ``2012''.
SEC. 2602. WILDLIFE HABITAT INCENTIVE PROGRAM.
(a) Eligibility.--Section 1240N of the Food Security Act of 1985
(16 U.S.C. 3839bb-1) is amended--
(1) in subsection (a), by inserting before the period at the
end the following: ``for the development of wildlife habitat on
private agricultural land, nonindustrial private forest land, and
tribal lands''.
(2) in subsection (b)(1), by striking ``landowners'' and
inserting ``owners of lands referred to in subsection (a)''.
(b) Inclusion of Pivot Corners and Irregular Areas.--Section
1240N(b)(1)(E) of the Food Security Act of 1985 (16 U.S.C. 3839bb-
1(b)(1)(E)) is amended by inserting before the period at the end the
following: ``, including habitat developed on pivot corners and
irregular areas''.
(c) Cost Share for Long-Term Agreements.--Section 1240N(b)(2)(B) of
the Food Security Act of 1985 (16 U.S.C. 3839bb-1(b)(2)(B)) is amended
by striking ``15 percent'' and inserting ``25 percent''.
(d) Priority for Certain Conservation Initiatives; Payment
Limitation.--Section 1240N of the Food Security Act of 1985 (16 U.S.C.
3839bb-1) is amended by adding at the end the following new
subsections:
``(d) Priority for Certain Conservation Initiatives.--In carrying
out this section, the Secretary may give priority to projects that
would address issues raised by State, regional, and national
conservation initiatives.
``(e) Payment Limitation.--Payments made to a person or legal
entity, directly or indirectly, under the program may not exceed, in
the aggregate, $50,000 per year.''.
SEC. 2603. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
Section 1240O(b) of the Food Security Act of 1985 (16 U.S.C.
3839bb-2(b)) is amended by striking ``$5,000,000 for each of fiscal
years 2002 through 2007'' and inserting ``$20,000,000 for each of
fiscal years 2008 through 2012''.
SEC. 2604. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND SEDIMENT
CONTROL.
Section 1240P of the Food Security Act of 1985 (16 U.S.C. 3839bb-3)
is amended to read as follows:
``SEC. 1240P. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND SEDIMENT
CONTROL.
``(a) Program Authorized.--The Secretary may carry out the Great
Lakes basin program for soil erosion and sediment control (referred to
in this section as the `program'), including providing assistance to
implement the recommendations of the Great Lakes Regional Collaboration
Strategy to Restore and Protect the Great Lakes.
``(b) Consultation and Cooperation.--The Secretary shall carry out
the program in consultation with the Great Lakes Commission created by
Article IV of the Great Lakes Basin Compact (82 Stat. 415) and in
cooperation with the Administrator of the Environmental Protection
Agency and the Secretary of the Army.
``(c) Assistance.--In carrying out the program, the Secretary may--
``(1) provide project demonstration grants, provide technical
assistance, and carry out information and educational programs to
improve water quality in the Great Lakes basin by reducing soil
erosion and improving sediment control; and
``(2) establish a priority for projects and activities that--
``(A) directly reduce soil erosion or improve sediment
control;
``(B) reduce soil loss in degraded rural watersheds; or
``(C) improve water quality for downstream watersheds.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program $5,000,000 for
each of fiscal years 2008 through 2012.''.
SEC. 2605. CHESAPEAKE BAY WATERSHED PROGRAM.
Chapter 5 of subtitle D of title XII of the Food Security Act of
1985 is amended by inserting after section 1240P (16 U.S.C. 3839bb-3)
the following new section:
``SEC. 1240Q. CHESAPEAKE BAY WATERSHED.
``(a) Chesapeake Bay Watershed Defined.--In this section, the term
`Chesapeake Bay watershed' means all tributaries, backwaters, and side
channels, including their watersheds, draining into the Chesapeake Bay.
``(b) Establishment and Purpose.--The Secretary shall assist
producers in implementing conservation activities on agricultural lands
in the Chesapeake Bay watershed for the purposes of--
``(1) improving water quality and quantity in the Chesapeake
Bay watershed; and
``(2) restoring, enhancing, and preserving soil, air, and
related resources in the Chesapeake Bay watershed.
``(c) Conservation Activities.--The Secretary shall deliver the
funds made available to carry out this section through applicable
programs under this subtitle to assist producers in enhancing land and
water resources--
``(1) by controlling erosion and reducing sediment and nutrient
levels in ground and surface water; and
``(2) by planning, designing, implementing, and evaluating
habitat conservation, restoration, and enhancement measures where
there is significant ecological value if the lands are--
``(A) retained in their current use; or
``(B) restored to their natural condition.
``(d) Agreements.--
``(1) In general.--The Secretary shall--
``(A) enter into agreements with producers to carry out the
purposes of this section; and
``(B) use the funds made available to carry out this
section to cover the costs of the program involved with each
agreement.
``(2) Special considerations.--In entering into agreements
under this subsection, the Secretary shall give special
consideration to, and begin evaluating, applications with producers
in the following river basins:
``(A) The Susquehanna River.
``(B) The Shenandoah River.
``(C) The Potomac River (including North and South
Potomac).
``(D) The Patuxent River.
``(e) Duties of the Secretary.--In carrying out the purposes in
this section, the Secretary shall--
``(1) where available, use existing plans, models, and
assessments to assist producers in implementing conservation
activities; and
``(2) proceed expeditiously with the implementation of any
agreement with a producer that is consistent with State strategies
for the restoration of the Chesapeake Bay watershed.
``(f) Consultation.--The Secretary, in consultation with
appropriate Federal agencies, shall ensure conservation activities
carried out under this section complement Federal and State programs,
including programs that address water quality, in the Chesapeake Bay
watershed.
``(g) Sense of Congress Regarding Chesapeake Bay Executive
Council.--It is the sense of Congress that the Secretary should be a
member of the Chesapeake Bay Executive Council, and is authorized to do
so under section 1(3) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590a(3)).
``(h) Funding.--
``(1) Availability.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use, to the maximum extent
practicable--
``(A) $23,000,000 for fiscal year 2009;
``(B) $43,000,000 for fiscal year 2010;
``(C) $72,000,000 for fiscal year 2011; and
``(D) $50,000,000 for fiscal year 2012.
``(2) Duration of availability.--Funds made available under
paragraph (1) shall remain available until expended.''
SEC. 2606. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
Chapter 5 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3839bb et seq.) is amended by inserting after section
1240Q, as added by section 2605, the following new section:
``SEC. 1240R. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
``(a) Establishment.--The Secretary shall establish a voluntary
public access program under which States and tribal governments may
apply for grants to encourage owners and operators of privately-held
farm, ranch, and forest land to voluntarily make that land available
for access by the public for wildlife-dependent recreation, including
hunting or fishing under programs administered by the States and tribal
governments.
``(b) Applications.--In submitting applications for a grant under
the program, a State or tribal government shall describe--
``(1) the benefits that the State or tribal government intends
to achieve by encouraging public access to private farm and ranch
land for--
``(A) hunting and fishing; and
``(B) to the maximum extent practicable, other recreational
purposes; and
``(2) the methods that will be used to achieve those benefits.
``(c) Priority.--In approving applications and awarding grants
under the program, the Secretary shall give priority to States and
tribal governments that propose--
``(1) to maximize participation by offering a program the terms
of which are likely to meet with widespread acceptance among
landowners;
``(2) to ensure that land enrolled under the State or tribal
government program has appropriate wildlife habitat;
``(3) to strengthen wildlife habitat improvement efforts on
land enrolled in a special conservation reserve enhancement program
described in section 1234(f)(4) by providing incentives to increase
public hunting and other recreational access on that land;
``(4) to use additional Federal, State, tribal government, or
private resources in carrying out the program; and
``(5) to make available to the public the location of land
enrolled.
``(d) Relationship to Other Laws.--
``(1) No preemption.--Nothing in this section preempts a State
or tribal government law, including any State or tribal government
liability law.
``(2) Effect of inconsistent opening dates for migratory bird
hunting.--The Secretary shall reduce by 25 percent the amount of a
grant otherwise determined for a State under the program if the
opening dates for migratory bird hunting in the State are not
consistent for residents and non-residents.
``(e) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out this section.
``(f) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use, to the maximum extent practicable, $50,000,000
for the period of fiscal years 2009 through 2012.''.
Subtitle H--Funding and Administration of Conservation Programs
SEC. 2701. FUNDING OF CONSERVATION PROGRAMS UNDER FOOD SECURITY ACT OF
1985.
(a) In General.--Section 1241(a) of the Food Security Act of 1985
(16 U.S.C. 3841(a)) is amended in the matter preceding paragraph (1),
by striking ``2007'' and inserting ``2012''.
(b) Conservation Reserve Program.--Paragraph (1) of section 1241(a)
of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended by
striking the period at the end and inserting the following: ``,
including to the maximum extent practicable--
``(A) $100,000,000 for the period of fiscal years 2009
through 2012 to provide cost share payments under paragraph (3)
of section 1234(b) in connection with thinning activities
conducted on land described in subparagraph (A)(iii) of such
paragraph; and
``(B) $25,000,000 for the period of fiscal years 2009
through 2012 to carry out section 1235(f) to facilitate the
transfer of land subject to contracts from retired or retiring
owners and operators to beginning farmers or ranchers and
socially disadvantaged farmers or ranchers.''.
(c) Conservation Security and Conservation Stewardship Programs.--
Paragraph (3) of section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)) is amended to read as follows:
``(3)(A) Conservation security program.--The conservation
security program under subchapter A of chapter 2, using such sums
as are necessary to administer contracts entered into before
September 30, 2008.
``(B) Conservation stewardship program.--The conservation
stewardship program under subchapter B of chapter 2.''.
(d) Farmland Protection Program.--Paragraph (4) of section 1241(a)
of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended to read
as follows:
``(4) The farmland protection program under subchapter C of
chapter 2, using, to the maximum extent practicable--
``(A) $97,000,000 in fiscal year 2008;
``(B) $121,000,000 in fiscal year 2009;
``(C) $150,000,000 in fiscal year 2010;
``(D) $175,000,000 in fiscal year 2011; and
``(E) $200,000,000 in fiscal year 2012.''.
(e) Grassland Reserve Program.--Paragraph (5) of section 1241(a) of
the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended to read as
follows:
``(5) The grassland reserve program under subchapter D of
chapter 2.''.
(f) Environmental Quality Incentives Program.--Paragraph (6) of
section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is
amended to read as follows:
``(6) The environmental quality incentives program under
chapter 4, using, to the maximum extent practicable--
``(A) $1,200,000,000 in fiscal year 2008;
``(B) $1,337,000,000 in fiscal year 2009;
``(C) $1,450,000,000 in fiscal year 2010;
``(D) $1,588,000,000 in fiscal year 2011; and
``(E) $1,750,000,000 in fiscal year 2012.''.
(g) Wildlife Habitat Incentives Program.--Paragraph (7)(D) of
section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is
amended by striking ``2007'' and inserting ``2012''.
SEC. 2702. AUTHORITY TO ACCEPT CONTRIBUTIONS TO SUPPORT CONSERVATION
PROGRAMS.
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended by adding at the end the following new subsection:
``(e) Acceptance and Use of Contributions.--
``(1) Authority to establish contribution accounts.--Subject to
paragraph (2), the Secretary may establish a sub-account for each
conservation program administered by the Secretary under subtitle D
to accept contributions of non-Federal funds to support the
purposes of the program.
``(2) Deposit and use of contributions.--Contributions of non-
Federal funds received for a conservation program administered by
the Secretary under subtitle D shall be deposited into the sub-
account established under this subsection for the program and shall
be available to the Secretary, without further appropriation and
until expended, to carry out the program.''.
SEC. 2703. REGIONAL EQUITY AND FLEXIBILITY.
(a) Regional Equity and Flexibility.--Section 1241(d) of the Food
Security Act of 1985 (16 U.S.C. 3841(d)) is amended--
(1) by striking ``Before April 1'' and inserting the following:
``(1) Priority funding to promote equity.--Before April 1'';
(2) by striking ``$12,000,000'' and inserting ``$15,000,000'';
and
(3) by adding at the end the following new paragraph:
``(2) Specific funding allocations.--In determining the
specific funding allocations for States under paragraph (1), the
Secretary shall consider the respective demand in each State for
each program covered by such paragraph.''.
(b) Allocations Review and Update.--Section 1241 of the Food
Security Act of 1985 (16 U.S.C. 3841) is amended by inserting after
subsection (e), as added by section 2702, the following new subsection:
``(f) Allocations Review and Update.--
``(1) Review.--Not later than January 1, 2012, the Secretary
shall conduct a review of conservation programs and authorities
under this title that utilize allocation formulas to determine the
sufficiency of the formulas in accounting for State-level economic
factors, level of agricultural infrastructure, or related factors
that affect conservation program costs.
``(2) Update.--The Secretary shall improve conservation program
allocation formulas as necessary to ensure that the formulas
adequately reflect the costs of carrying out the conservation
programs.''.
SEC. 2704. ASSISTANCE TO CERTAIN FARMERS AND RANCHERS TO IMPROVE THEIR
ACCESS TO CONSERVATION PROGRAMS.
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended by inserting after subsection (f), as added by section 2703(b),
the following new subsection:
``(g) Assistance to Certain Farmers or Ranchers for Conservation
Access.--
``(1) Assistance.--Of the funds made available for each of
fiscal years 2009 through 2012 to carry out the environmental
quality incentives program and the acres made available for each of
such fiscal years to carry out the conservation stewardship
program, the Secretary shall use, to the maximum extent
practicable--
``(A) 5 percent to assist beginning farmers or ranchers;
and
``(B) 5 percent to assist socially disadvantaged farmers or
ranchers.
``(2) Repooling of funds.--In any fiscal year, amounts not
obligated under paragraph (1) by a date determined by the Secretary
shall be available for payments and technical assistance to all
persons eligible for payments or technical assistance in that
fiscal year under the environmental quality incentives program.
``(3) Repooling of acres.--In any fiscal year, acres not
obligated under paragraph (1) by a date determined by the Secretary
shall be available for use in that fiscal year under the
conservation stewardship program.''.
SEC. 2705. REPORT REGARDING ENROLLMENTS AND ASSISTANCE UNDER
CONSERVATION PROGRAMS.
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is
amended by inserting after subsection (g), as added by section 2704,
the following new subsection:
``(h) Report on Program Enrollments and Assistance.--Beginning in
calendar year 2009, and each year thereafter, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a semiannual report containing statistics by State related to
enrollments in conservation programs under this subtitle, as follows:
``(1) Payments made under the wetlands reserve program for
easements valued at $250,000 or greater.
``(2) Payments made under the farmland protection program for
easements in which the Federal share is $250,000 or greater.
``(3) Payments made under the grassland reserve program valued
at $250,000 or greater.
``(4) Payments made under the environmental quality incentives
program for land determined to have special environmental
significance pursuant to section 1240G(b).
``(5) Payments made under the agricultural water enhancement
program subject to the waiver of adjusted gross income limitations
pursuant to section 1240I(g).
``(6) Waivers granted by the Secretary under section
1001D(b)(2) of this Act in order to protect environmentally
sensitive land of special significance.''.
SEC. 2706. DELIVERY OF CONSERVATION TECHNICAL ASSISTANCE.
Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is
amended to read as follows:
``SEC. 1242. DELIVERY OF TECHNICAL ASSISTANCE.
``(a) Definition of Eligible Participant.--In this section, the
term `eligible participant' means a producer, landowner, or entity that
is participating in, or seeking to participate in, programs for which
the producer, landowner, or entity is otherwise eligible to participate
in under this title or the agricultural management assistance program
under section 524 of the Federal Crop Insurance Act (7 U.S.C. 1524).
``(b) Purpose of Technical Assistance.--The purpose of technical
assistance authorized by this section is to provide eligible
participants with consistent, science-based, site-specific practices
designed to achieve conservation objectives on land active in
agricultural, forestry, or related uses.
``(c) Provision of Technical Assistance.--The Secretary shall
provide technical assistance under this title to an eligible
participant--
``(1) directly;
``(2) through an agreement with a third-party provider; or
``(3) at the option of the eligible participant, through a
payment, as determined by the Secretary, to the eligible
participant for an approved third-party provider, if available.
``(d) Non-Federal Assistance.--The Secretary may request the
services of, and enter into cooperative agreements or contracts with,
other agencies within the Department or non-Federal entities to assist
the Secretary in providing technical assistance necessary to assist in
implementing conservation programs under this title.
``(e) Certification of Third-Party Providers.--
``(1) Purpose.--The purpose of the third-party provider program
is to increase the availability and range of technical expertise
available to eligible participants to plan and implement
conservation measures.
``(2) Regulations.--Not later than 180 days after the date of
the enactment of the Food, Conservation, and Energy Act of 2008,
the Secretary shall promulgate such regulations as are necessary to
carry out this section.
``(3) Expertise.--In promulgating such regulations, the
Secretary, to the maximum extent practicable, shall--
``(A) ensure that persons with expertise in the technical
aspects of conservation planning, watershed planning, and
environmental engineering, including commercial entities,
nonprofit entities, State or local governments or agencies, and
other Federal agencies, are eligible to become approved
providers of the technical assistance;
``(B) provide national criteria for the certification of
third party providers; and
``(C) approve any unique certification standards
established at the State level.
``(f) Administration.--
``(1) Funding.--Effective for fiscal year 2008 and each
subsequent fiscal year, funds of the Commodity Credit Corporation
made available to carry out technical assistance for each of the
programs specified in section 1241 shall be available for the
provision of technical assistance from third-party providers under
this section.
``(2) Term of agreement.--An agreement with a third-party
provider under this section shall have a term that--
``(A) at a minimum, is equal to the period beginning on the
date on which the agreement is entered into and ending on the
date that is 1 year after the date on which all activities
performed pursuant to the agreement have been completed;
``(B) does not exceed 3 years; and
``(C) can be renewed, as determined by the Secretary.
``(3) Review of certification requirements.--Not later than 1
year after the date of enactment of the Food, Conservation, and
Energy Act of 2008, the Secretary shall--
``(A) review certification requirements for third-party
providers; and
``(B) make any adjustments considered necessary by the
Secretary to improve participation.
``(4) Eligible activities.--
``(A) Inclusion of activities.--The Secretary may include
as activities eligible for payments to a third party provider--
``(i) technical services provided directly to eligible
participants, such as conservation planning, education and
outreach, and assistance with design and implementation of
conservation practices; and
``(ii) related technical assistance services that
accelerate conservation program delivery.
``(B) Exclusions.--The Secretary shall not designate as an
activity eligible for payments to a third party provider any
service that is provided by a business, or equivalent, in
connection with conducting business and that is customarily
provided at no cost.
``(5) Payment amounts.--The Secretary shall establish fair and
reasonable amounts of payments for technical services provided by
third-party providers.
``(g) Availability of Technical Services.--
``(1) In general.--In carrying out the programs under this
title and the agricultural management assistance program under
section 524 of the Federal Crop Insurance Act (7 U.S.C. 1524), the
Secretary shall make technical services available to all eligible
participants who are installing an eligible practice.
``(2) Technical service contracts.--In any case in which
financial assistance is not provided under a program referred to in
paragraph (1), the Secretary may enter into a technical service
contract with the eligible participant for the purposes of
assisting in the planning, design, or installation of an eligible
practice.
``(h) Review of Conservation Practice Standards.--
``(1) Review required.--The Secretary shall--
``(A) review conservation practice standards, including
engineering design specifications, in effect on the date of the
enactment of the Food, Conservation, and Energy Act of 2008;
``(B) ensure, to the maximum extent practicable, the
completeness and relevance of the standards to local
agricultural, forestry, and natural resource needs, including
specialty crops, native and managed pollinators, bioenergy crop
production, forestry, and such other needs as are determined by
the Secretary; and
``(C) ensure that the standards provide for the optimal
balance between meeting site-specific conservation needs and
minimizing risks of design failure and associated costs of
construction and installation.
``(2) Consultation.--In conducting the review under paragraph
(1), the Secretary shall consult with eligible participants, crop
consultants, cooperative extension and land grant universities,
nongovernmental organizations, and other qualified entities.
``(3) Expedited revision of standards.--If the Secretary
determines under paragraph (1) that revisions to the conservation
practice standards, including engineering design specifications,
are necessary, the Secretary shall establish an administrative
process for expediting the revisions.
``(i) Addressing Concerns of Speciality Crop, Organic, and
Precision Agriculture Producers.--
``(1) In general.--The Secretary shall--
``(A) to the maximum extent practicable, fully incorporate
specialty crop production, organic crop production, and
precision agriculture into the conservation practice standards;
and
``(B) provide for the appropriate range of conservation
practices and resource mitigation measures available to
producers involved with organic or specialty crop production or
precision agriculture.
``(2) Availability of adequate technical assistance.--
``(A) In general.--The Secretary shall ensure that adequate
technical assistance is available for the implementation of
conservation practices by producers involved with organic,
specialty crop production, or precision agriculture through
Federal conservation programs.
``(B) Requirements.--In carrying out subparagraph (A), the
Secretary shall develop--
``(i) programs that meet specific needs of producers
involved with organic, specialty crop production or
precision agriculture through cooperative agreements with
other agencies and nongovernmental organizations; and
``(ii) program specifications that allow for innovative
approaches to engage local resources in providing technical
assistance for planning and implementation of conservation
practices.''.
SEC. 2707. COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE.
(a) Transfer of Existing Provisions.--Subsections (a), (c), and (d)
of section 1243 of the Food Security Act of 1985 (16 U.S.C. 3843) are--
(1) redesignated as subsections (c), (d), and (e),
respectively; and
(2) transferred to appear at the end of section 1244 of such
Act (16 U.S.C. 3844).
(b) Establishment of Partnership Initiative.--Section 1243 of the
Food Security Act of 1985 (16 U.S.C. 3843), as amended by subsection
(a), is amended to read as follows:
``SEC. 1243. COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE.
``(a) Establishment of Initiative.--The Secretary shall establish a
cooperative conservation partnership initiative (in this section
referred to as the `Initiative') to work with eligible partners to
provide assistance to producers enrolled in a program described in
subsection (c)(1) that will enhance conservation outcomes on
agricultural and nonindustrial private forest land.
``(b) Purposes.--The purposes of a partnership entered into under
the Initiative shall be--
``(1) to address conservation priorities involving agriculture
and nonindustrial private forest land on a local, State, multi-
State, or regional level;
``(2) to encourage producers to cooperate in meeting applicable
Federal, State, and local regulatory requirements related to
production involving agriculture and nonindustrial private forest
land;
``(3) to encourage producers to cooperate in the installation
and maintenance of conservation practices that affect multiple
agricultural or nonindustrial private forest operations; or
``(4) to promote the development and demonstration of
innovative conservation practices and delivery methods, including
those for specialty crop and organic production and precision
agriculture producers.
``(c) Initiative Programs.--
``(1) Covered programs.--Except as provided in paragraph (2),
the Initiative applies to all conservation programs under subtitle
D.
``(2) Excluded programs.--The Initiative shall not include the
following programs:
``(A) Conservation reserve program.
``(B) Wetlands reserve program.
``(C) Farmland protection program
``(D) Grassland reserve program.
``(d) Eligible Partners.--The Secretary may enter into a
partnership under the Initiative with one or more of the following:
``(1) States and local governments.
``(2) Indian tribes.
``(3) Producer associations.
``(4) Farmer cooperatives.
``(5) Institutions of higher education.
``(6) Nongovernmental organizations with a history of working
cooperatively with producers to effectively address conservation
priorities related to agricultural production and nonindustrial
private forest land.
``(e) Implementation Agreements.--The Secretary shall carry out the
Initiative--
``(1) by selecting, through a competitive process, eligible
partners from among applications submitted under subsection (f);
and
``(2) by entering into multi-year agreements with eligible
partners so selected for a period not to exceed 5 years.
``(f) Applications.--
``(1) Required information.--An application to enter into a
partnership agreement under the Initiative shall include the
following:
``(A) A description of the area covered by the agreement,
conservation priorities in the area, conservation objectives to
be achieved, and the expected level of participation by
agricultural producers and nonindustrial private forest
landowners.
``(B) A description of the partner, or partners,
collaborating to achieve the objectives of the agreement, and
the roles, responsibilities, and capabilities of the partner.
``(C) A description of the resources that are requested
from the Secretary, and the non-Federal resources that will be
leveraged by the Federal contribution.
``(D) A description of the plan for monitoring, evaluating,
and reporting on progress made towards achieving the objectives
of the agreement.
``(E) Such other information that may be required by the
Secretary.
``(2) Priorities.--The Secretary shall give priority to
applications for agreements that--
``(A) have a high percentage of producers involved and
working agricultural or nonindustrial private forest land
included in the area covered by the agreement;
``(B) significantly leverage non-Federal financial and
technical resources and coordinate with other local, State, or
Federal efforts;
``(C) deliver high percentages of applied conservation to
address water quality, water conservation, or State, regional,
or national conservation initiatives;
``(D) provide innovation in conservation methods and
delivery, including outcome-based performance measures and
methods; or
``(E) meet other factors, as determined by the Secretary.
``(g) Relationship to Covered Programs.--
``(1) Compliance with program rules.--Except as provided in
paragraph (2), the Secretary shall ensure that resources made
available under the Initiative are delivered in accordance with the
applicable rules of programs specified in subsection (c)(1) through
normal program mechanisms relating to program functions, including
rules governing appeals, payment limitations, and conservation
compliance.
``(2) Adjustment.--The Secretary may adjust the elements of any
program specified in subsection (c)(1)--
``(A) to better reflect unique local circumstances and
purposes if the Secretary determines such adjustments are
necessary to achieve the purposes of the Initiative; and
``(B) to provide preferential enrollment to producers who
are eligible for the applicable program and to participate in
the Initiative.
``(h) Technical and Financial Assistance.--The Secretary shall
provide appropriate technical and financial assistance to producers
participating in the Initiative in an amount determined to be necessary
to achieve the purposes of the Initiative.
``(i) Funding.--
``(1) Reservation.--Of the funds and acres made available for
each of fiscal years 2009 through 2012 to implement the programs
described in subsection (c)(1), the Secretary shall reserve 6
percent of the funds and acres to ensure an adequate source of
funds and acres for the Initiative.
``(2) Allocation requirements.--Of the funds and acres reserved
for the Initiative for a fiscal year, the Secretary shall
allocate--
``(A) 90 percent of the funds and acres to projects based
on the direction of State conservationists, with the advice of
State technical committees; and
``(B) 10 percent of the funds and acres to projects based
on a national competitive process established by the Secretary.
``(3) Unused funding.--Any funds and acres reserved for a
fiscal year under paragraph (1) that are not obligated by April 1
of that fiscal year may be used to carry out other activities under
the program that is the source of the funds or acres during the
remainder of that fiscal year.
``(4) Administrative costs of partners.--Overhead or
administrative costs of partners may not be covered by funds
provided through the Initiative.''.
SEC. 2708. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS.
Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844), as
amended by section 2707, is further amended--
(1) by striking subsection (a) and inserting the following new
subsection:
``(a) Incentives for Certain Farmers and Ranchers and Indian
Tribes.--
``(1) Incentives authorized.--In carrying out any conservation
program administered by the Secretary, the Secretary may provide to
a person or entity specified in paragraph (2) incentives to
participate in the conservation program--
``(A) to foster new farming and ranching opportunities; and
``(B) to enhance long-term environmental goals.
``(2) Covered persons.--Incentives authorized by paragraph (1)
may be provided to the following:
``(A) Beginning farmers or ranchers.
``(B) Socially disadvantaged farmers or ranchers.
``(C) Limited resource farmers or ranchers.
``(D) Indian tribes.''; and
(2) by adding at the end the following new subsections:
``(f) Acreage Limitations.--
``(1) Limitations.--
``(A) Enrollments.--The Secretary shall not enroll more
than 25 percent of the cropland in any county in the programs
administered under subchapters B and C of chapter 1 of subtitle
D.
``(B) Easements.--Not more than 10 percent of the cropland
in a country may be subject to an easement acquired under
subchapter C of chapter 1 of subtitle D.
``(2) Exceptions.--The Secretary may exceed the limitation in
paragraph (1)(A), if the Secretary determines that--
``(A) the action would not adversely affect the local
economy of a county; and
``(B) operators in the county are having difficulties
complying with conservation plans implemented under section
1212.
``(3) Waiver to exclude certain acreage.--The Secretary may
grant a waiver to exclude acreage enrolled under subsection
(c)(2)(B) or (f)(4) of section 1234 from the limitations in
paragraph (1)(A) with the concurrence of the county government of
the county involved.
``(4) Shelterbelts and windbreaks.--The limitations established
under paragraph (1) shall not apply to cropland that is subject to
an easement under subchapter C of chapter 1 that is used for the
establishment of shelterbelts and windbreaks.
``(g) Compliance and Performance.--For each conservation program
under subtitle D, the Secretary shall develop procedures--
``(1) to monitor compliance with program requirements;
``(2) to measure program performance;
``(3) to demonstrate whether the long-term conservation
benefits of the program are being achieved;
``(4) to track participation by crop and livestock types; and
``(5) to coordinate activities described in this subsection
with the national conservation program authorized under section 5
of the Soil and Water Resources Conservation Act of 1977 (16 U.S.C.
2004).
``(h) Encouragement of Pollinator Habitat Development and
Protection.--In carrying out any conservation program administered by
the Secretary, the Secretary may, as appropriate, encourage--
``(1) the development of habitat for native and managed
pollinators; and
``(2) the use of conservation practices that benefit native and
managed pollinators.
``(i) Streamlined Application Process.--
``(1) In general.--In carrying out each conservation program
under this title, the Secretary shall ensure that the application
process used by producers and landowners is streamlined to minimize
complexity and eliminate redundancy.
``(2) Review and streamlining.--
``(A) Review.--The Secretary shall carry out a review of
the application forms and processes for each conservation
program covered by this subsection.
``(B) Streamlining.--On completion of the review the
Secretary shall revise application forms and processes, as
necessary, to ensure that--
``(i) all required application information is essential
for the efficient, effective, and accountable
implementation of conservation programs;
``(ii) conservation program applicants are not required
to provide information that is readily available to the
Secretary through existing information systems of the
Department of Agriculture;
``(iii) information provided by the applicant is
managed and delivered efficiently for use in all stages of
the application process, or for multiple applications; and
``(iv) information technology is used effectively to
minimize data and information input requirements.
``(3) Implementation and notification.--Not later than 1 year
after the date of enactment of the Food, Conservation, and Energy
Act of 2008, the Secretary shall submit to Congress a written
notification of completion of the requirements of this
subsection.''.
SEC. 2709. ENVIRONMENTAL SERVICES MARKETS.
Subtitle E of title XII of the Food Security Act of 1985 is amended
by inserting after section 1244 (16 U.S.C. 3844) the following new
section:
``SEC. 1245. ENVIRONMENTAL SERVICES MARKETS.
``(a) Technical Guidelines Required.--The Secretary shall establish
technical guidelines that outline science-based methods to measure the
environmental services benefits from conservation and land management
activities in order to facilitate the participation of farmers,
ranchers, and forest landowners in emerging environmental services
markets. The Secretary shall give priority to the establishment of
guidelines related to farmer, rancher, and forest landowner
participation in carbon markets.
``(b) Establishment.--The Secretary shall establish guidelines
under subsection (a) for use in developing the following:
``(1) A procedure to measure environmental services benefits.
``(2) A protocol to report environmental services benefits.
``(3) A registry to collect, record and maintain the benefits
measured.
``(c) Verification Requirements.--
``(1) Verification of reports.--The Secretary shall establish
guidelines for a process to verify that a farmer, rancher, or
forest landowner who reports an environmental services benefit
pursuant to the protocol required by paragraph (2) of subsection
(b) for inclusion in the registry required by paragraph (3) of such
subsection has implemented the conservation or land management
activity covered by the report.
``(2) Role of third parties.--In establishing the verification
guidelines required by paragraph (1), the Secretary shall consider
the role of third-parties in conducting independent verification of
benefits produced for environmental services markets and other
functions, as determined by the Secretary.
``(d) Use of Existing Information.--In carrying out subsection (b),
the Secretary shall build on activities or information in existence on
the date of the enactment of the Food, Conservation, and Energy Act of
2008 regarding environmental services markets.
``(e) Consultation.--In carrying out this section, the Secretary
shall consult with the following:
``(1) Federal and State government agencies.
``(2) Nongovernmental interests including--
``(A) farm, ranch, and forestry producers;
``(B) financial institutions involved in environmental
services trading;
``(C) institutions of higher education with relevant
expertise or experience;
``(D) nongovernmental organizations with relevant expertise
or experience; and
``(E) private sector representatives with relevant
expertise or experience.
``(3) Other interested persons, as determined by the
Secretary.''.
SEC. 2710. AGRICULTURE CONSERVATION EXPERIENCED SERVICES PROGRAM.
Subtitle F of title XII of the Food Security Act of 1985 is amended
by inserting after section 1251 (16 U.S.C. 2005a) the following new
section:
``SEC. 1252. AGRICULTURE CONSERVATION EXPERIENCED SERVICES PROGRAM.
``(a) Establishment and Purpose.--The Secretary shall establish a
conservation experienced services program (in this section referred to
as the `ACES Program') for the purpose of utilizing the talents of
individuals who are age 55 or older, but who are not employees of the
Department of Agriculture or a State agriculture department, to provide
technical services in support of the conservation-related programs and
authorities carried out by the Secretary. Such technical services may
include conservation planning assistance, technical consultation, and
assistance with design and implementation of conservation practices.
``(b) Program Agreements.--
``(1) Relation to older american community service employment
program.--Notwithstanding any other provision of law relating to
Federal grants, cooperative agreements, or contracts, to carry out
the ACES program during a fiscal year, the Secretary may enter into
agreements with nonprofit private agencies and organizations
eligible to receive grants for that fiscal year under the Community
Service Senior Opportunities Act (42 U.S.C. 3056 et seq.) to secure
participants for the ACES program who will provide technical
services under the ACES program.
``(2) Required determination.--Before entering into an
agreement under paragraph (1), the Secretary shall ensure that the
agreement would not--
``(A) result in the displacement of individuals employed by
the Department, including partial displacement through
reduction of non-overtime hours, wages, or employment benefits;
``(B) result in the use of an individual under the ACES
program for a job or function in a case in which a Federal
employee is in a layoff status from the same or a
substantially-equivalent job or function with the Department;
or
``(C) affect existing contracts for services.
``(c) Funding Source.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may carry out the ACES program using funds made available
to carry out each program under this title.
``(2) Exclusions.--Funds made available to carry out the
following programs may not be used to carry out the ACES program:
``(A) The conservation reserve program.
``(B) The wetlands reserve program.
``(C) The grassland reserve program.
``(D) The conservation stewardship program.
``(d) Liability.--An individual providing technical services under
the ACES program is deemed to be an employee of the United States
Government for purposes of chapter 171 of title 28, United States Code,
if the individual--
``(1) is providing technical services pursuant to an agreement
entered into under subsection (b); and
``(2) is acting within the scope of the agreement.''.
SEC. 2711. ESTABLISHMENT OF STATE TECHNICAL COMMITTEES AND THEIR
RESPONSIBILITIES.
Subtitle G of title XII of the Farm Security Act of 1985 (16 U.S.C.
3861, 3862) is amended to read as follows:
``Subtitle G--State Technical Committees
``SEC. 1261. ESTABLISHMENT OF STATE TECHNICAL COMMITTEES.
``(a) Establishment.--The Secretary shall establish a technical
committee in each State to assist the Secretary in the considerations
relating to implementation and technical aspects of the conservation
programs under this title.
``(b) Standards.--Not later than 180 days after the date of
enactment of the Food, Conservation, and Energy Act of 2008, the
Secretary shall develop--
``(1) standard operating procedures to standardize the
operations of State technical committees; and
``(2) standards to be used by State technical committees in the
development of technical guidelines under section 1262(b) for the
implementation of the conservation provisions of this title.
``(c) Composition.--Each State technical committee shall be
composed of agricultural producers and other professionals that
represent a variety of disciplines in the soil, water, wetland, and
wildlife sciences. The technical committee for a State shall include
representatives from among the following:
``(1) The Natural Resources Conservation Service.
``(2) The Farm Service Agency.
``(3) The Forest Service.
``(4) The National Institute of Food and Agriculture.
``(5) The State fish and wildlife agency.
``(6) The State forester or equivalent State official.
``(7) The State water resources agency.
``(8) The State department of agriculture.
``(9) The State association of soil and water conservation
districts.
``(10) Agricultural producers representing the variety of crops
and livestock or poultry raised within the State.
``(11) Owners of nonindustrial private forest land.
``(12) Nonprofit organizations within the meaning of section
501(c)(3) of the Internal Revenue Code of 1986 with demonstrable
conservation expertise and experience working with agriculture
producers in the State.
``(13) Agribusiness.
``SEC. 1262. RESPONSIBILITIES.
``(a) In General.--Each State technical committee established under
section 1261 shall meet regularly to provide information, analysis, and
recommendations to appropriate officials of the Department of
Agriculture who are charged with implementing the conservation
provisions of this title.
``(b) Public Notice and Attendance.--Each State technical committee
shall provide public notice of, and permit public attendance at,
meetings considering issues of concern related to carrying out this
title.
``(c) Role.--
``(1) In general.--The role of State technical committees is
advisory in nature, and such committees shall have no
implementation or enforcement authority. However, the Secretary
shall give strong consideration to the recommendations of such
committees in administering the programs under this title.
``(2) Advisory role in establishing program priorities and
criteria.--Each State technical committee shall advise the
Secretary in establishing priorities and criteria for the programs
in this title, including the review of whether local working groups
are addressing those priorities.
``(d) FACA Requirements.--
``(1) Exemption.--Each State technical committee shall be
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
``(2) Local working groups.--For purposes of the Federal
Advisory Committee Act (5 U.S.C. App.), any local working group
established under this subtitle shall be considered to be a
subcommittee of the applicable State technical committee.''.
Subtitle I--Conservation Programs Under Other Laws
SEC. 2801. AGRICULTURAL MANAGEMENT ASSISTANCE PROGRAM.
(a) Eligible States.--Section 524(b)(1) of the Federal Crop
Insurance Act (7 U.S.C. 1524(b)(1)) is amended by inserting ``Hawaii,''
after ``Delaware,''.
(b) Funding.--Section 524(b)(4)(B) of the Federal Crop Insurance
Act (7 U.S.C. 1524(b)(4)(B)) is amended--
(1) in clause (i), by striking ``Except as provided in clauses
(ii) and (iii)'' and inserting ``Except as provided in clause
(ii)''; and
(2) by striking clauses (ii) and (iii) and inserting the
following new clause:
``(ii) Exception for fiscal years 2008 through 2012.--
For each of fiscal years 2008 through 2012, the Commodity
Credit Corporation shall make available to carry out this
subsection $15,000,000.''.
(c) Certain Uses.--Section 524(b)(4) of the Federal Crop Insurance
Act (7 U.S.C. 1524(b)(4)) is amended by adding at the end the following
new subparagraph:
``(C) Certain uses.--Of the amounts made available to carry
out this subsection for a fiscal year, the Commodity Credit
Corporation shall use not less than--
``(i) 50 percent to carry out subparagraphs (A), (B),
and (C) of paragraph (2) through the Natural Resources
Conservation Service;
``(ii) 10 percent to provide organic certification cost
share assistance through the Agricultural Marketing
Service; and
``(iii) 40 percent to conduct activities to carry out
subparagraph (F) of paragraph (2) through the Risk
Management Agency.''.
SEC. 2802. TECHNICAL ASSISTANCE UNDER SOIL CONSERVATION AND DOMESTIC
ALLOTMENT ACT.
(a) Prevention of Soil Erosion.--
(1) In general.--The first section of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590a) is amended--
(A) by striking ``That it'' and inserting the following:
``SECTION 1. PURPOSE.
``It''; and
(B) in the matter preceding paragraph (1), by striking
``and thereby to preserve natural resources,'' and inserting
``to preserve soil, water, and related resources, promote soil
and water quality,''.
(2) Policies and purposes.--Section 7(a)(1) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590g(a)(1)) is
amended by striking ``fertility'' and inserting ``and water quality
and related resources''.
(b) Definitions.--Section 10 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590j) is amended to read as follows:
``SEC. 10. DEFINITIONS.
``In this Act:
``(1) Agricultural commodity.--The term `agricultural
commodity' means--
``(A) an agricultural commodity; and
``(B) any regional or market classification, type, or grade
of an agricultural commodity.
``(2) Technical assistance.--
``(A) In general.--The term `technical assistance' means
technical expertise, information, and tools necessary for the
conservation of natural resources on land active in
agricultural, forestry, or related uses.
``(B) Inclusions.--The term `technical assistance'
includes--
``(i) technical services provided directly to farmers,
ranchers, and other eligible entities, such as conservation
planning, technical consultation, and assistance with
design and implementation of conservation practices; and
``(ii) technical infrastructure, including activities,
processes, tools, and agency functions needed to support
delivery of technical services, such as technical
standards, resource inventories, training, data,
technology, monitoring, and effects analyses.''.
SEC. 2803. SMALL WATERSHED REHABILITATION PROGRAM.
(a) Availability of Funds.--Section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)) is amended
by adding at the end the following new subparagraph:
``(G) $100,000,000 for fiscal year 2009, to be available
until expended.''.
(b) Authorization of Appropriations.--Section 14(h)(2)(E) of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)(E))
is amended by striking ``fiscal year 2007'' and inserting ``each of
fiscal years 2008 through 2012''.
SEC. 2804. AMENDMENTS TO SOIL AND WATER RESOURCES CONSERVATION ACT OF
1977.
(a) Congressional Findings.--Section 2 of the Soil and Water
Resources Conservation Act of 1977 (16 U.S.C. 2001) is amended--
(1) in paragraph (2), by striking ``base, of the'' and
inserting ``base of the''; and
(2) in paragraph (3), by striking ``(3)'' and all that follows
through ``Since individual'' and inserting the following:
``(3) Appraisal and inventory of resources, assessment and
inventory of conservation needs, evaluation of the effects of
conservation practices, and analyses of alternative approaches to
existing conservation programs are basic to effective soil, water,
and related natural resource conservation.
``(4) Since individual''.
(b) Continuing Appraisal of Soil, Water, and Related Resources.--
Section 5 of the Soil and Water Resources Conservation Act of 1977 (16
U.S.C. 2004) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(7) data on conservation plans, conservation practices
planned or implemented, environmental outcomes, economic costs, and
related matters under conservation programs administered by the
Secretary.'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following new
subsection:
``(d) Evaluation of Appraisal.--In conducting the appraisal
described in subsection (a), the Secretary shall concurrently solicit
and evaluate recommendations for improving the appraisal, including the
content, scope, process, participation in, and other elements of the
appraisal, as determined by the Secretary.''; and
(4) in subsection (e), as redesignated by paragraph (2), by
striking the first sentence and inserting the following: ``The
Secretary shall conduct comprehensive appraisals under this
section, to be completed by December 31, 2010, and December 31,
2015.''.
(c) Soil and Water Conservation Program.--Section 6 of the Soil and
Water Resources Conservation Act of 1977 (16 U.S.C. 2005) is amended--
(1) by redesignating subsection (b) as subsection (d);
(2) by inserting after subsection (a) the following new
subsections:
``(b) Evaluation of Existing Conservation Programs.--In evaluating
existing conservation programs, the Secretary shall emphasize
demonstration, innovation, and monitoring of specific program
components in order to encourage further development and adoption of
practices and performance-based standards.
``(c) Improvement to Program.--In developing a national soil and
water conservation program under subsection (a), the Secretary shall
solicit and evaluate recommendations for improving the program,
including the content, scope, process, participation in, and other
elements of the program, as determined by the Secretary.''; and
(3) in subsection (d), as redesignated by paragraph (1), by
striking ``December 31, 1979'' and all that follows through
``December 31, 2007'' and inserting ``December 31, 2011, and
December 31, 2016''.
(d) Reports to Congress.--Section 7 of the Soil and Water Resources
Conservation Act of 1977 (16 U.S.C. 2006) is amended to read as
follows:
``SEC. 7. REPORTS TO CONGRESS.
``(a) Appraisal.--Not later than the date on which Congress
convenes in 2011 and 2016, the President shall transmit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate the
appraisal developed under section 5 and completed before the end of the
previous year.
``(b) Program and Statement of Policy.--Not later than the date on
which Congress convenes in 2012 and 2017, the President shall transmit
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate--
``(1) the initial program or updated program developed under
section 6 and completed before the end of the previous year;
``(2) a detailed statement of policy regarding soil and water
conservation activities of the Department of Agriculture; and
``(3) a special evaluation of the status, conditions, and
trends of soil quality on cropland in the United States that
addresses the challenges and opportunities for reducing soil
erosion to tolerance levels.
``(c) Improvements to Appraisal and Program.--Not later than the
date on which Congress convenes in 2012, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report describing the plans of the Department of Agriculture for
improving the resource appraisal and national conservation program
required under this Act, based on the recommendations received under
sections 5(d) and 6(c).''.
(e) Termination of Program.--Section 10 of the Soil and Water
Resources Conservation Act of 1977 (16 U.S.C. 2009) is amended by
striking ``2008'' and inserting ``2018''.
SEC. 2805. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.
(a) Locally Led Planning Process.--Section 1528 of the Agriculture
and Food Act of 1981 (16 U.S.C. 3451) is amended--
(1) in paragraph (1), in the matter preceding subparagraph (A),
by striking ``planning process'' and inserting ``locally led
planning process'';
(2) by redesignating paragraphs (8) and (9) as paragraphs (9)
and (8), respectively, and moving those paragraphs so as to appear
in numerical order;
(3) in paragraph (8) (as so redesignated)--
(A) by striking ``planning process'' and inserting
``Locally led planning process''; and
(B) by striking ``council'' and inserting ``locally led
council''.
(b) Authorized Technical Assistance.--Section 1528(13) of the
Agriculture and Food Act of 1981 (16 U.S.C. 3451(13)) is amended by
striking subparagraphs (C) and (D) and inserting the following new
subparagraphs:
``(C) providing assistance for the implementation of area
plans and projects; and
``(D) providing services that involve the resources of
Department of Agriculture programs in a local community, as
defined in the locally led planning process.''.
(c) Improved Provision of Technical Assistance.--Section 1531 of
the Agriculture and Food Act of 1981 (16 U.S.C. 3454) is amended--
(1) by inserting ``(a) In General.--'' before ``In carrying'';
and
(2) by adding at the end the following new subsection:
``(b) Coordinator.--
``(1) In general.--To improve the provision of technical
assistance to councils under this subtitle, the Secretary shall
designate for each council an individual to be the coordinator for
the council.
``(2) Responsibility.--A coordinator for a council shall be
directly responsible for the provision of technical assistance to
the council.''.
(d) Program Evaluation.--Section 1534 of the Agriculture and Food
Act of 1981 (16 U.S.C. 3457) is repealed.
SEC. 2806. USE OF FUNDS IN BASIN FUNDS FOR SALINITY CONTROL ACTIVITIES
UPSTREAM OF IMPERIAL DAM.
(a) In General.--Section 202(a) of the Colorado River Basin
Salinity Control Act (43 U.S.C. 1592(a)) is amended by adding at the
end the following new paragraph:
``(7) Basin states program.--
``(A) In general.--A Basin States Program that the
Secretary, acting through the Bureau of Reclamation, shall
implement to carry out salinity control activities in the
Colorado River Basin using funds made available under section
205(f).
``(B) Assistance.--The Secretary, in consultation with the
Colorado River Basin Salinity Control Advisory Council, shall
carry out this paragraph using funds described in subparagraph
(A) directly or by providing grants, grant commitments, or
advance funds to Federal or non-Federal entities under such
terms and conditions as the Secretary may require.
``(C) Activities.--Funds described in subparagraph (A)
shall be used to carry out, as determined by the Secretary--
``(i) cost-effective measures and associated works to
reduce salinity from saline springs, leaking wells,
irrigation sources, industrial sources, erosion of public
and private land, or other sources;
``(ii) operation and maintenance of salinity control
features constructed under the Colorado River Basin
salinity control program; and
``(iii) studies, planning, and administration of
salinity control activities.
``(D) Report.--
``(i) In general.--Not later than 30 days before
implementing the program established under this paragraph,
the Secretary shall submit to the appropriate committees of
Congress a planning report that describes the proposed
implementation of the program.
``(ii) Implementation.--The Secretary may not expend
funds to implement the program established under this
paragraph before the expiration of the 30-day period
beginning on the date on which the Secretary submits the
report, or any revision to the report, under clause (i).''.
(b) Conforming Amendments.--
(1) Section 202 of the Colorado River Basin Salinity Control
Act (43 U.S.C. 1592) is amended--
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ``program'' and inserting ``programs''; and
(B) in subsection (b)(4)--
(i) by striking ``program'' and inserting ``programs'';
and
(ii) by striking ``and (6)'' and inserting ``(6), and
(7)''.
(2) Section 205 of the Colorado River Basin Salinity Control
Act (43 U.S.C. 1595) is amended by striking subsection (f) and
inserting the following new subsection:
``(f) Up-Front Cost Share.--
``(1) In general.--Effective beginning on the date of enactment
of this paragraph, subject to paragraph (3), the cost share
obligations required by this section shall be met through an up-
front cost share from the Basin Funds, in the same proportions as
the cost allocations required under subsection (a), as provided in
paragraph (2).
``(2) Basin states program.--The Secretary shall expend the
required cost share funds described in paragraph (1) through the
Basin States Program for salinity control activities established
under section 202(a)(7).
``(3) Existing salinity control activities.--The cost share
contribution required by this section shall continue to be met
through repayment in a manner consistent with this section for all
salinity control activities for which repayment was commenced prior
to the date of enactment of this paragraph.''.
SEC. 2807. DESERT TERMINAL LAKES.
Section 2507 of the Farm Security and Rural Investment Act of 2002
(43 U.S.C. 2211 note; Public Law 107-171) is amended--
(1) in subsection (a)--
(A) by striking ``(a)'' and all that follows through
``$200,000,000'' and inserting ``(a) Transfer.--Subject to
subsection (b) and paragraph (1) of section 207(a) of Public
Law 108-7 (117 Stat. 146), notwithstanding paragraph (3) of
that section, on the date of enactment of the Food,
Conservation, and Energy Act of 2008, the Secretary of
Agriculture shall transfer $175,000,000''; and
(B) by striking the quotation marks at the beginning of
paragraphs (1) and (2); and
(2) by striking subsection (b) and inserting the following new
subsection:
``(b) Permitted Uses.--In any case in which there are willing
sellers, the funds described in subsection (a) may be used--
``(1) to lease water; or
``(2) to purchase land, water appurtenant to the land, and
related interests in the Walker River Basin in accordance with
section 208(a)(1)(A) of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2268).''.
Subtitle J--Miscellaneous Conservation Provisions
SEC. 2901. HIGH PLAINS WATER STUDY.
Notwithstanding any other provision of this Act, no person shall
become ineligible for any program benefits under this Act or an
amendment made by this Act solely as a result of participating in a 1-
time study of recharge potential for the Ogallala Aquifer in the High
Plains of the State of Texas.
SEC. 2902. NAMING OF NATIONAL PLANT MATERIALS CENTER AT BELTSVILLE,
MARYLAND, IN HONOR OF NORMAN A. BERG.
The National Plant Materials Center at Beltsville, Maryland,
referenced in section 613.5(a) of title 7, Code of Federal Regulations,
shall be known and designated as the ``Norman A. Berg National Plant
Materials Center''. Any reference in a law, map, regulation, document,
paper, or other record of the United States to such National Plant
Materials Center shall be deemed to be a reference to the Norman A.
Berg National Plant Materials Center.
SEC. 2903. TRANSITION.
(a) Continuation of Programs in Fiscal Year 2008.--Except as
otherwise provided by an amendment made by this title, the Secretary of
Agriculture shall continue to carry out any program or activity covered
by title XII of the Food Security Act (16 U.S.C. 3801 et seq.) until
September 30, 2008, using the provisions of law applicable to the
program or activity as they existed on the day before the date of the
enactment of this Act and using funds made available under such title
for fiscal year 2008 for the program or activity.
(b) Ground and Surface Water Conservation Program.--During the
period beginning on the date of the enactment of this Act and ending on
September 30, 2008, the Secretary of Agriculture shall continue to
carry out the ground and surface water conservation program under
section 1240I of the Food Security Act of 1985 (16 U.S.C. 3839aa-9), as
in effect before the amendment made by section 2510, using the terms,
conditions, and funds available to the Secretary to carry out such
program on the day before the date of the enactment of this Act.
SEC. 2904. REGULATIONS.
(a) Issuance.--Except as otherwise provided in this title or an
amendment made by this title, not later than 90 days after the date of
enactment of this Act, the Secretary of Agriculture, in consultation
with the Commodity Credit Corporation, shall promulgate such
regulations as are necessary to implement this title.
(b) Applicable Authority.--The promulgation of regulations under
subsection (a) and administration of this title--
(1) shall be carried out without regard to--
(A) chapter 35 of title 44, United States Code (commonly
known as the Paperwork Reduction Act); and
(B) 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
(2) may--
(A) be promulgated with an opportunity for notice and
comment; or
(B) if determined to be appropriate by the Secretary of
Agriculture or the Commodity Credit Corporation, as an interim
rule effective on publication with an opportunity for notice
and comment.
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808(2) of title 5, United States Code.
TITLE IV--NUTRITION
Subtitle A--Food Stamp Program
PART I--RENAMING OF FOOD STAMP ACT AND PROGRAM
SEC. 4001. RENAMING OF FOOD STAMP ACT AND PROGRAM.
(a) Short Title.--The first section of the Food Stamp Act of 1977
(7 U.S.C. 2011 note; Public Law 88-525) is amended by striking ``Food
Stamp Act of 1977'' and inserting ``Food and Nutrition Act of 2008''.
(b) Program.--The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.) (as amended by subsection (a)) is amended by striking ``food
stamp program'' each place it appears and inserting ``supplemental
nutrition assistance program''.
SEC. 4002. CONFORMING AMENDMENTS.
(a) In General.--
(1) Section 4 of the Food and Nutrition Act of 2008 (7 U.S.C.
2013) is amended in the section heading by striking ``food stamp
program'' and inserting ``supplemental nutrition assistance
program''.
(2) Section 5(h)(2)(A) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(h)(2)(A)) is amended by striking ``Food Stamp Disaster
Task Force'' and inserting ``Disaster Task Force''.
(3) Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C.
2015) is amended--
(A) in subsection (d)(3), by striking ``for food stamps'';
(B) in subsection (j), in the subsection heading, by
striking ``Food Stamp''; and
(C) in subsection (o)--
(i) in paragraph (2), by striking ``food stamp
benefits'' and inserting ``supplemental nutrition
assistance program benefits''; and
(ii) in paragraph (6)--
(I) in subparagraph (A)--
(aa) in clause (i), by striking ``food stamps''
and inserting ``supplemental nutrition assistance
program benefits''; and
(bb) in clause (ii)--
(AA) in the matter preceding subclause (I),
by striking ``a food stamp recipient'' and
inserting ``a member of a household that
receives supplemental nutrition assistance
program benefits''; and
(BB) by striking ``food stamp benefits''
each place it appears and inserting
``supplemental nutrition assistance program
benefits''; and
(II) in subparagraphs (D) and (E), by striking
``food stamp recipients'' each place it appears and
inserting ``members of households that receive
supplemental nutrition assistance program benefits''.
(4) Section 7 of the Food and Nutrition Act of 2008 (7 U.S.C.
2016) is amended--
(A) in subsection (i)--
(i) in paragraph (3)(B)(ii), by striking ``food stamp
households'' and inserting ``households receiving
supplemental nutrition assistance program benefits''; and
(ii) in paragraph (7), by striking ``food stamp
issuance'' and inserting ``supplemental nutrition
assistance issuance''; and
(B) in subsection (k)--
(i) in paragraph (2), by striking ``food stamp
benefits'' and inserting ``supplemental nutrition
assistance program benefits''; and
(ii) in paragraph (3), by striking ``food stamp
retail'' and inserting ``retail''.
(5) Section 9(b)(1) of that Food and Nutrition Act of 2008 (7
U.S.C. 2018(b)(1)) is amended by striking ``food stamp households''
and inserting ``households that receive supplemental nutrition
assistance program benefits''.
(6) Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C.
2020) is amended--
(A) in subsection (e)--
(i) by striking ``food stamps'' each place it appears
and inserting ``supplemental nutrition assistance program
benefits'';
(ii) by striking ``food stamp offices'' each place it
appears and inserting ``supplemental nutrition assistance
program offices'';
(iii) by striking ``food stamp office'' each place it
appears and inserting ``supplemental nutrition assistance
program office''; and
(iv) in paragraph (25)--
(I) in the matter preceding subparagraph (A), by
striking ``Simplified Food Stamp Program'' and
inserting ``Simplified Supplemental Nutrition
Assistance Program''; and
(II) in subparagraph (A), by striking ``food stamp
benefits'' and inserting ``supplemental nutrition
assistance program benefits'';
(B) in subsection (k), by striking ``may issue, upon
request by the State agency, food stamps'' and inserting ``may
provide, on request by the State agency, supplemental nutrition
assistance program benefits'';
(C) in subsection (l), by striking ``food stamp
participation'' and inserting ``supplemental nutrition
assistance program participation'';
(D) in subsections (q) and (r), in the subsection headings,
by striking ``Food Stamps'' each place it appears and inserting
``Benefits'';
(E) in subsection (s), by striking ``food stamp benefits''
each place it appears and inserting ``supplemental nutrition
assistance program benefits''; and
(F) in subsection (t)(1)--
(i) in subparagraph (A), by striking ``food stamp
application'' and inserting ``supplemental nutrition
assistance program application''; and
(ii) in subparagraph (B), by striking ``food stamp
benefits'' and inserting ``supplemental nutrition
assistance program benefits''.
(7) Section 14(b) of the Food and Nutrition Act of 2008 (7
U.S.C. 2023(b)) is amended by striking ``food stamp''.
(8) Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C.
2025) is amended--
(A) in subsection (a)(4), by striking ``food stamp
informational activities'' and inserting ``informational
activities relating to the supplemental nutrition assistance
program'';
(B) in subsection (c)(9)(C), by striking ``food stamp
caseload'' and inserting ``the caseload under the supplemental
nutrition assistance program''; and
(C) in subsection (h)(1)(E)(i), by striking ``food stamp
recipients'' and inserting ``members of households receiving
supplemental nutrition assistance program benefits''.
(9) Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C.
2026) is amended--
(A) in subsection (a)(2), by striking ``food stamp
benefits'' each place it appears and inserting ``supplemental
nutrition assistance program benefits'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``food stamp
benefits'' and inserting ``supplemental nutrition
assistance program benefits''; and
(II) in subparagraph (B)--
(aa) in clause (ii)(II), by striking ``food
stamp recipients'' and inserting ``supplemental
nutrition assistance program recipients'';
(bb) in clause (iii)(I), by striking ``the
State's food stamp households'' and inserting ``the
number of households in the State receiving
supplemental nutrition assistance program
benefits''; and
(cc) in clause (iv)(IV)(bb), by striking ``food
stamp deductions'' and inserting ``supplemental
nutrition assistance program deductions'';
(ii) in paragraph (2), by striking ``food stamp
benefits'' and inserting ``supplemental nutrition
assistance program benefits''; and
(iii) in paragraph (3)--
(I) in subparagraph (A), by striking ``food stamp
employment'' and inserting ``supplemental nutrition
assistance program employment'';
(II) in subparagraph (B), by striking ``food stamp
recipients'' and inserting ``supplemental nutrition
assistance program recipients'';
(III) in subparagraph (C), by striking ``food
stamps'' and inserting ``supplemental nutrition
assistance program benefits''; and
(IV) in subparagraph (D), by striking ``food stamp
benefits'' and inserting ``supplemental nutrition
assistance program benefits'';
(C) in subsection (c), by striking ``food stamps'' and
inserting ``supplemental nutrition assistance'';
(D) in subsection (d)--
(i) in paragraph (1)(B), by striking ``food stamp
benefits'' and inserting ``supplemental nutrition
assistance program benefits'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by striking ``food stamp
allotments'' each place it appears and inserting
``allotments''; and
(II) in subparagraph (C)(ii), by striking ``food
stamp benefit'' and inserting ``supplemental nutrition
assistance program benefits''; and
(iii) in paragraph (3)(E), by striking ``food stamp
benefits'' and inserting ``supplemental nutrition
assistance program benefits'';
(E) in subsections (e) and (f), by striking ``food stamp
benefits'' each place it appears and inserting ``supplemental
nutrition assistance program benefits'';
(F) in subsection (g), in the first sentence, by striking
``receipt of food stamp'' and inserting ``receipt of
supplemental nutrition assistance program''; and
(G) in subsection (j), by striking ``food stamp agencies''
and inserting ``supplemental nutrition assistance program
agencies''.
(10) Section 18(a)(3)(A)(ii) of the Food and Nutrition Act of
2008 (7 U.S.C. 2027(a)(3)(A)(ii)) is amended by striking ``food
stamps'' and inserting ``supplemental nutrition assistance program
benefits''.
(11) Section 22 of the Food and Nutrition Act of 2008 (7 U.S.C.
2031) is amended--
(A) in the section heading, by striking ``food stamp
portion of minnesota family investment plan'' and inserting
``minnesota family investment project'';
(B) in subsections (b)(12) and (d)(3), by striking ``the
Food Stamp Act, as amended,'' each place it appears and
inserting ``this Act''; and
(C) in subsection (g)(1), by striking ``the Food Stamp Act
of 1977 (7 U.S.C. 2011 et seq.)'' and inserting ``this Act''.
(12) Section 26 of the Food and Nutrition Act of 2008 (7 U.S.C.
2035) is amended--
(A) in the section heading, by striking ``simplified food
stamp program'' and inserting ``simplified supplemental
nutrition assistance program''; and
(B) in subsection (b), by striking ``simplified food stamp
program'' and inserting ``simplified supplemental nutrition
assistance program''.
(b) Conforming Cross-References.--
(1) In general.--Each provision of law described in paragraph
(2) is amended (as applicable)--
(A) by striking ``food stamp program'' each place it
appears and inserting ``supplemental nutrition assistance
program'';
(B) by striking ``Food Stamp Act of 1977'' each place it
appears and inserting ``Food and Nutrition Act of 2008'';
(C) by striking ``Food Stamp Act'' each place it appears
and inserting ``Food and Nutrition Act of 2008'';
(D) by striking ``food stamp'' each place it appears and
inserting ``supplemental nutrition assistance program
benefits'';
(E) by striking ``food stamps'' each place it appears and
inserting ``supplemental nutrition assistance program
benefits'';
(F) in each applicable title, subtitle, chapter,
subchapter, and section heading, by striking ``food stamp act''
each place it appears and inserting ``food and nutrition act of
2008'';
(G) in each applicable subsection and appropriations
heading, by striking ``Food Stamp Act'' each place it appears
and inserting ``Food and Nutrition Act of 2008'';
(H) in each applicable heading other than a title,
subtitle, chapter, subchapter, section, subsection, or
appropriations heading, by striking ``food stamp act'' each
place it appears and inserting ``food and nutrition act of
2008'';
(I) in each applicable title, subtitle, chapter,
subchapter, and section heading, by striking ``food stamp
program'' each place it appears and inserting ``supplemental
nutrition assistance program'';
(J) in each applicable subsection and appropriations
heading, by striking ``Food Stamp Program'' each place it
appears and inserting ``Supplemental Nutrition Assistance
Program'';
(K) in each applicable heading other than a title,
subtitle, chapter, subchapter, section, subsection, or
appropriations heading, by striking ``food stamp program'' each
place it appears and inserting ``supplemental nutrition
assistance program'';
(L) in each applicable title, subtitle, chapter,
subchapter, and section heading, by striking ``food stamps''
each place it appears and inserting ``supplemental nutrition
assistance program benefits'';
(M) in each applicable subsection and appropriations
heading, by striking ``Food Stamps'' each place it appears and
inserting ``Supplemental Nutrition Assistance Program
Benefits''; and
(N) in each applicable heading other than a title,
subtitle, chapter, subchapter, section, subsection, or
appropriations heading, by striking ``food stamps'' each place
it appears and inserting ``supplemental nutrition assistance
program benefits''.
(2) Provisions of law.--The provisions of law referred to in
paragraph (1) are the following:
(A) The Hunger Prevention Act of 1988 (Public Law 100-435;
102 Stat. 1645).
(B) The Food Stamp Program Improvements Act of 1994 (Public
Law 103-225; 108 Stat. 106).
(C) Title IV of the Farm Security and Rural Investment Act
of 2002 (Public Law 107-171; 116 Stat. 305).
(D) Section 2 of Public Law 103-205 (7 U.S.C. 2012 note).
(E) Section 807(b) of the Stewart B. McKinney Homeless
Assistance Act (7 U.S.C. 2014 note; Public Law 100-77).
(F) The Electronic Benefit Transfer Interoperability and
Portability Act of 2000 (Public Law 106-171; 114 Stat. 3).
(G) Section 502(b) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 2025 note; Public
Law 105-185).
(H) The National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.).
(I) The Emergency Food Assistance Act of 1983 (7 U.S.C.
7501 et seq.).
(J) The Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(K) Section 8119 of the Department of Defense
Appropriations Act, 1999 (10 U.S.C. 113 note; Public Law 105-
262).
(L) The Armored Car Industry Reciprocity Act of 1993 (15
U.S.C. 5901 et seq.).
(M) Title 18, United States Code.
(N) The Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
(O) The Internal Revenue Code of 1986.
(P) Section 650 of the Treasury and General Government
Appropriations Act, 2000 (26 U.S.C. 7801 note; Public Law 106-
58).
(Q) The Wagner-Peysner Act (29 U.S.C. 49 et seq.).
(R) The Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.).
(S) Title 31, United States Code.
(T) Title 37, United States Code.
(U) The Public Health Service Act (42 U.S.C. 201 et seq.).
(V) Titles II through XIX of the Social Security Act (42
U.S.C. 401 et seq.).
(W) Section 406 of the Family Support Act of 1988 (Public
Law 100-485; 102 Stat. 2400).
(X) Section 232 of the Social Security Act Amendments of
1994 (42 U.S.C. 1314a).
(Y) The United States Housing Act of 1937 (42 U.S.C. 1437
et seq.).
(Z) The Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
(AA) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.).
(BB) The Older Americans Act of 1965 (42 U.S.C. 3001 et
seq.).
(CC) Section 208 of the Intergovernmental Personnel Act of
1970 (42 U.S.C. 4728).
(DD) The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(EE) The Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.).
(FF) Section 658K of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858i).
(GG) The Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.).
(HH) Public Law 95-348 (92 Stat. 487).
(II) The Agriculture and Food Act of 1981 (Public Law 97-
98; 95 Stat. 1213).
(JJ) The Disaster Assistance Act of 1988 (Public Law 100-
387; 102 Stat. 924).
(KK) The Food, Agriculture, Conservation, and Trade Act of
1990 (Public Law 101-624; 104 Stat. 3359).
(LL) The Cranston-Gonzalez National Affordable Housing Act
(Public Law 101-625; 104 Stat. 4079).
(MM) Section 388 of the Persian Gulf Conflict Supplemental
Authorization and Personnel Benefits Act of 1991 (Public Law
102-25; 105 Stat. 98).
(NN) The Food, Agriculture, Conservation, and Trade Act
Amendments of 1991 (Public Law 102-237; 105 Stat. 1818).
(OO) The Act of March 26, 1992 (Public Law 102-265; 106
Stat. 90).
(PP) Public Law 105-379 (112 Stat. 3399).
(QQ) Section 101(c) of the Emergency Supplemental Act, 2000
(Public Law 106-246; 114 Stat. 528).
(c) References.--Any reference in any Federal, State, tribal, or
local law (including regulations) to the ``food stamp program''
established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.) shall be considered to be a reference to the ``supplemental
nutrition assistance program'' established under that Act.
PART II--BENEFIT IMPROVEMENTS
SEC. 4101. EXCLUSION OF CERTAIN MILITARY PAYMENTS FROM INCOME.
Section 5(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(d)) is amended--
(1) by striking ``(d) Household'' and inserting ``(d)
Exclusions From Income.--Household'';
(2) by striking ``only (1) any'' and inserting ``only--
``(1) any'';
(3) by indenting each of paragraphs (2) through (18) so as to
align with the margin of paragraph (1) (as amended by paragraph
(2));
(4) by striking the comma at the end of each of paragraphs (1)
through (16) and inserting a semicolon;
(5) in paragraph (3)--
(A) by striking ``like (A) awarded'' and inserting ``like--
``(A) awarded'';
(B) by striking ``thereof, (B) to'' and inserting
``thereof;
``(B) to''; and
(C) by striking ``program, and (C) to'' and inserting
``program; and
``(C) to'';
(6) in paragraph (11), by striking ``)), or (B) a'' and
inserting ``)); or
``(B) a'';
(7) in paragraph (17), by striking ``, and'' at the end and
inserting a semicolon;
(8) in paragraph (18), by striking the period at the end and
inserting ``; and''; and
(9) by adding at the end the following:
``(19) any additional payment under chapter 5 of title 37,
United States Code, or otherwise designated by the Secretary to be
appropriate for exclusion under this paragraph, that is received by
or from a member of the United States Armed Forces deployed to a
designated combat zone, if the additional pay--
``(A) is the result of deployment to or service in a combat
zone; and
``(B) was not received immediately prior to serving in a
combat zone.''.
SEC. 4102. STRENGTHENING THE FOOD PURCHASING POWER OF LOW-INCOME
AMERICANS.
Section 5(e)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(1)) is amended--
(1) in subparagraph (A)(ii), by striking ``not less than $134''
and all that follows through the end of the clause and inserting
the following: ``not less than--
``(I) for fiscal year 2009, $144, $246, $203, and
$127, respectively; and
``(II) for fiscal year 2010 and each fiscal year
thereafter, an amount that is equal to the amount from
the previous fiscal year adjusted to the nearest lower
dollar increment to reflect changes for the 12-month
period ending on the preceding June 30 in the Consumer
Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor,
for items other than food.'';
(2) in subparagraph (B)(ii), by striking ``not less than $269''
and all that follows through the end of the clause and inserting
the following: ``not less than--
``(I) for fiscal year 2009, $289; and
``(II) for fiscal year 2010 and each fiscal year
thereafter, an amount that is equal to the amount from
the previous fiscal year adjusted to the nearest lower
dollar increment to reflect changes for the 12-month
period ending on the preceding June 30 in the Consumer
Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor,
for items other than food.''; and
(3) by adding at the end the following:
``(C) Requirement.--Each adjustment under subparagraphs
(A)(ii)(II) and (B)(ii)(II) shall be based on the unrounded
amount for the prior 12-month period.''.
SEC. 4103. SUPPORTING WORKING FAMILIES WITH CHILD CARE EXPENSES.
Section 5(e)(3)(A) of the Food and Nutrition Act of 2008 (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. 4104. ASSET INDEXATION, EDUCATION, AND RETIREMENT ACCOUNTS.
(a) Adjusting Countable Resources for Inflation.--Section (5)(g) of
the Food and Nutrition Act of 2008 (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, 2008, and
each October 1 thereafter, the amounts specified in
subparagraph (A) shall be adjusted and rounded down to the
nearest $250 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.''.
(b) Exclusion of Retirement Accounts From Allowable Financial
Resources.--
(1) In general.--Section 5(g)(2)(B)(v) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(g)(2)(B)(v)) is amended by
striking ``or retirement account (including an individual
account)'' and inserting ``account''.
(2) Mandatory and discretionary exclusions.--Section 5(g) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)) is amended by
adding at the end the following:
``(7) Exclusion of retirement accounts from allowable financial
resources.--
``(A) Mandatory exclusions.--The Secretary shall exclude
from financial resources under this subsection the value of--
``(i) any funds in a plan, contract, or account,
described in sections 401(a), 403(a), 403(b), 408, 408A,
457(b), and 501(c)(18) of the Internal Revenue Code of 1986
and the value of funds in a Federal Thrift Savings Plan
account as provided in section 8439 of title 5, United
States Code; and
``(ii) any retirement program or account included in
any successor or similar provision that may be enacted and
determined to be exempt from tax under the Internal Revenue
Code of 1986.
``(B) Discretionary exclusions.--The Secretary may exclude
from financial resources under this subsection the value of any
other retirement plans, contracts, or accounts (as determined
by the Secretary).''.
(c) Exclusion of Education Accounts From Allowable Financial
Resources.--Section 5(g) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(g)) (as amended by subsection (b)) is amended by adding at
the end the following:
``(8) Exclusion of education accounts from allowable financial
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 exclude
from financial resources under this subsection the value of any
other education programs, contracts, or accounts (as determined
by the Secretary).''.
SEC. 4105. FACILITATING SIMPLIFIED REPORTING.
Section 6(c)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(c)(1)(A)) is amended--
(1) by striking ``reporting by'' and inserting ``reporting'';
(2) in clause (i), by inserting ``for periods shorter than 4
months by'' before ``migrant'';
(3) in clause (ii), by inserting ``for periods shorter than 4
months by'' before ``households''; and
(4) in clause (iii), by inserting ``for periods shorter than 1
year by'' before ``households''.
SEC. 4106. TRANSITIONAL BENEFITS OPTION.
Section 11(s)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(s)(1)) is amended--
(1) by striking ``benefits to a household''; and inserting
``benefits--
``(A) to a household'';
(2) by striking the period at the end and inserting ``; or'';
and
(3) by adding at the end the following:
``(B) at the option of the State, to a household with
children that ceases to receive cash assistance under a State-
funded public assistance program.''.
SEC. 4107. INCREASING THE MINIMUM BENEFIT.
Section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2017(a)) is amended by striking ``$10 per month'' and inserting ``8
percent of the cost of the thrifty food plan for a household containing
1 member, as determined by the Secretary under section 3, rounded to
the nearest whole dollar increment''.
SEC. 4108. EMPLOYMENT, TRAINING, AND JOB RETENTION.
Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)(4)) is amended--
(1) in subparagraph (B)--
(A) by redesignating clause (vii) as clause (viii); and
(B) by inserting after clause (vi) the following:
``(vii) Programs intended to ensure job retention by
providing job retention services, if the job retention
services are provided for a period of not more than 90 days
after an individual who received employment and training
services under this paragraph gains employment.''; and
(2) in subparagraph (F), by adding at the end the following:
``(iii) Any individual voluntarily electing to
participate in a program under this paragraph shall not be
subject to the limitations described in clauses (i) and
(ii).''.
PART III--PROGRAM OPERATIONS
SEC. 4111. NUTRITION EDUCATION.
(a) Authority to Provide Nutrition Education.--Section 4(a) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2013(a)) is amended in the
first sentence by inserting ``and, through an approved State plan,
nutrition education'' after ``an allotment''.
(b) Implementation.--Section 11 of the Food and Nutrition Act of
2008 (7 U.S.C. 2020) is amended by striking subsection (f) and
inserting the following:
``(f) Nutrition Education.--
``(1) In general.--State agencies may implement a nutrition
education program for individuals eligible for program benefits
that promotes healthy food choices consistent with the most recent
Dietary Guidelines for Americans published under section 301 of the
National Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341).
``(2) Delivery of nutrition education.--State agencies may
deliver nutrition education directly to eligible persons or through
agreements with the National Institute of Food and Agriculture,
including through the expanded food and nutrition education program
under section 3(d) of the Act of May 8, 1914 (7 U.S.C. 343(d)), and
other State and community health and nutrition providers and
organizations.
``(3) Nutrition education state plans.--
``(A) In general.--A State agency that elects to provide
nutrition education under this subsection shall submit a
nutrition education State plan to the Secretary for approval.
``(B) Requirements.--The plan shall--
``(i) identify the uses of the funding for local
projects; and
``(ii) conform to standards established by the
Secretary through regulations or guidance.
``(C) Reimbursement.--State costs for providing nutrition
education under this subsection shall be reimbursed pursuant to
section 16(a).
``(4) Notification.--To the maximum extent practicable, State
agencies shall notify applicants, participants, and eligible
program participants of the availability of nutrition education
under this subsection.''.
SEC. 4112. TECHNICAL CLARIFICATION REGARDING ELIGIBILITY.
Section 6(k) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(k)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and indenting appropriately;
(2) by striking ``No member'' and inserting the following:
``(1) In general.--No member''; and
(3) by adding at the end the following:
``(2) Procedures.--The Secretary shall--
``(A) define the terms `fleeing' and `actively seeking' for
purposes of this subsection; and
``(B) ensure that State agencies use consistent procedures
established by the Secretary that disqualify individuals whom
law enforcement authorities are actively seeking for the
purpose of holding criminal proceedings against the
individual.''.
SEC. 4113. CLARIFICATION OF SPLIT ISSUANCE.
Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)) is amended by striking paragraph (2) and inserting the
following:
``(2) Requirements.--
``(A) In general.--Any procedure established under
paragraph (1) shall--
``(i) not reduce the allotment of any household for any
period; and
``(ii) ensure that no household experiences an interval
between issuances of more than 40 days.
``(B) Multiple issuances.--The procedure may include
issuing benefits to a household in more than 1 issuance during
a month only when a benefit correction is necessary.''.
SEC. 4114. ACCRUAL OF BENEFITS.
Section 7(i) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(i)) is amended by adding at the end the following:
``(12) Recovering electronic benefits.--
``(A) In general.--A State agency shall establish a
procedure for recovering electronic benefits from the account
of a household due to inactivity.
``(B) Benefit storage.--A State agency may store recovered
electronic benefits off-line in accordance with subparagraph
(D), if the household has not accessed the account after 6
months.
``(C) Benefit expunging.--A State agency shall expunge
benefits that have not been accessed by a household after a
period of 12 months.
``(D) Notice.--A State agency shall--
``(i) send notice to a household the benefits of which
are stored under subparagraph (B); and
``(ii) not later than 48 hours after request by the
household, make the stored benefits available to the
household.''.
SEC. 4115. ISSUANCE AND USE OF PROGRAM BENEFITS.
(a) In General.--Section 7 of the Food and Nutrition Act of 2008 (7
U.S.C. 2016) is amended--
(1) by striking the section designation and heading and all
that follows through ``subsection (j)) shall be'' and inserting the
following:
``SEC. 7. ISSUANCE AND USE OF PROGRAM BENEFITS.
``(a) In General.--Except as provided in subsection (i), EBT cards
shall be'';
(2) in subsection (b)--
(A) by striking ``(b) Coupons'' and inserting the
following:
``(b) Use.--Benefits''; and
(B) by striking the second proviso;
(3) in subsection (c)--
(A) by striking ``(c) Coupons'' and inserting the
following:
``(c) Design.--
``(1) In general.--EBT cards'';
(B) in the first sentence, by striking ``and define their
denomination''; and
(C) by striking the second sentence and inserting the
following:
``(2) Prohibition.--The name of any public official shall not
appear on any EBT card.'';
(4) by striking subsection (d);
(5) in subsection (e)--
(A) by striking ``coupons'' each place it appears and
inserting ``benefits''; and
(B) by striking ``coupon issuers'' each place it appears
and inserting ``benefit issuers'';
(6) in subsection (f)--
(A) by striking ``coupons'' each place it appears and
inserting ``benefits'';
(B) by striking ``coupon issuer'' and inserting ``benefit
issuers'';
(C) by striking ``including any losses'' and all that
follows through ``section 11(e)(20),''; and
(D) by striking ``and allotments'';
(7) by striking subsection (g) and inserting the following:
``(g) Alternative Benefit Delivery.--
``(1) In general.--If the Secretary determines, in consultation
with the Inspector General of the Department of Agriculture, that
it would improve the integrity of the supplemental nutrition
assistance program, the Secretary shall require a State agency to
issue or deliver benefits using alternative methods.
``(2) No imposition of costs.--The cost of documents or systems
that may be required by this subsection may not be imposed upon a
retail food store participating in the supplemental nutrition
assistance program.
``(3) Devaluation and termination of issuance of paper
coupons.--
``(A) Coupon issuance.--Effective on the date of enactment
of the Food, Conservation, and Energy Act of 2008, no State
shall issue any coupon, stamp, certificate, or authorization
card to a household that receives supplemental nutrition
assistance under this Act.
``(B) Ebt cards.--Effective beginning on the date that is 1
year after the date of enactment of the Food, Conservation, and
Energy Act of 2008, only an EBT card issued under subsection
(i) shall be eligible for exchange at any retail food store.
``(C) De-obligation of coupons.--Coupons not redeemed
during the 1-year period beginning on the date of enactment of
the Food, Conservation, and Energy Act of 2008 shall--
``(i) no longer be an obligation of the Federal
Government; and
``(ii) not be redeemable.'';
(8) in subsection (h)(1), by striking ``coupons'' and inserting
``benefits'';
(9) in subsection (i), by adding at the end the following:
``(12) Interchange fees.--No interchange fees shall apply to
electronic benefit transfer transactions under this subsection.'';
(10) in subsection (j)--
(A) in paragraph (2)(A)(ii), by striking ``printing,
shipping, and redeeming coupons'' and inserting ``issuing and
redeeming benefits''; and
(B) in paragraph (5), by striking ``coupon'' and inserting
``benefit'';
(11) in subsection (k)--
(A) by striking ``coupons in the form of'' each place it
appears and inserting ``program benefits in the form of'';
(B) by striking ``a coupon issued in the form of'' each
place it appears and inserting ``program benefits in the form
of''; and
(C) in subparagraph (A), by striking ``subsection
(i)(11)(A)'' and inserting ``subsection (h)(11)(A)''; and
(12) by redesignating subsections (e) through (k) as
subsections (d) through (j), respectively.
(b) Conforming Amendments.--
(1) Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.
2012) is amended--
(A) in subsection (a), by striking ``coupons'' and
inserting ``benefits'';
(B) by striking subsection (b) and inserting the following:
``(b) Benefit.--The term `benefit' means the value of supplemental
nutrition assistance provided to a household by means of--
``(1) an electronic benefit transfer under section 7(i); or
``(2) other means of providing assistance, as determined by the
Secretary.'';
(C) in subsection (c), in the first sentence, by striking
``authorization cards'' and inserting ``benefits'';
(D) in subsection (d), by striking ``or access device'' and
all that follows through the end of the subsection and
inserting a period;
(E) in subsection (e)--
(i) by striking ``(e) `Coupon issuer' means'' and
inserting the following:
``(e) Benefit Issuer.--The term `benefit issuer' means''; and
(ii) by striking ``coupons'' and inserting
``benefits'';
(F) in subsection (g)(7), by striking ``subsection (r)''
and inserting ``subsection (j)'';
(G) in subsection (i)(5)--
(i) in subparagraph (B), by striking ``subsection (r)''
and inserting ``subsection (j)''; and
(ii) in subparagraph (D), by striking ``coupons'' and
inserting ``benefits'';
(H) in subsection (j), by striking ``(as that term is
defined in subsection (p))'';
(I) in subsection (k)--
(i) in paragraph (1)(A), by striking ``subsection
(u)(1)'' and inserting ``subsection (r)(1)'';
(ii) in paragraph (2), by striking ``subsections
(g)(3), (4), (5), (7), (8), and (9) of this section'' and
inserting ``paragraphs (3), (4), (5), (7), (8), and (9) of
subsection (k)''; and
(iii) in paragraph (3), by striking ``subsection (g)(6)
of this section'' and inserting ``subsection (k)(6)'';
(J) in subsection (t), by inserting ``, including point of
sale devices,'' after ``other means of access'';
(K) in subsection (u), by striking ``(as defined in
subsection (g))'';
(L) by adding at the end the following:
``(v) EBT Card.--The term `EBT card' means an electronic benefit
transfer card issued under section 7(i).''; and
(M) by redesignating subsections (a) through (v) as
subsections (b), (d), (f), (g), (e), (h), (k), (l), (n), (o),
(p), (q), (s), (t), (u), (v), (c), (j), (m), (a), (r), and (i),
respectively, and moving the subsections so as to appear in
alphabetical order.
(2) Section 4(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(a)) is amended--
(A) by striking ``coupons'' each place it appears and
inserting ``benefits''; and
(B) by striking ``Coupons issued'' and inserting ``benefits
issued''.
(3) Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C.
2014) is amended--
(A) in subsection (a), by striking ``section 3(i)(4)'' and
inserting ``section 3(n)(4)'';
(B) in subsection (h)(3)(B), in the second sentence, by
striking ``section 7(i)'' and inserting ``section 7(h)''; and
(C) in subsection (i)(2)(E), by striking ``, as defined in
section 3(i) of this Act,''.
(4) Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C.
2015) is amended--
(A) in subsection (b)(1)--
(i) in subparagraph (B), by striking ``coupons or
authorization cards'' and inserting ``program benefits'';
and
(ii) by striking ``coupons'' each place it appears and
inserting ``benefits''; and
(B) in subsection (d)(4)(L), by striking ``section
11(e)(22)'' and inserting ``section 11(e)(19)''.
(5) Section 8 of the Food and Nutrition Act of 2008 (7 U.S.C.
2017) is amended--
(A) in subsection (b), by striking ``, whether through
coupons, access devices, or otherwise''; and
(B) in subsections (e)(1) and (f), by striking ``section
3(i)(5)'' each place it appears and inserting ``section
3(n)(5)''.
(6) Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C.
2018) is amended--
(A) by striking ``coupons'' each place it appears and
inserting ``benefits'';
(B) in subsection (a)--
(i) in paragraph (1), by striking ``coupon business''
and inserting ``benefit transactions''; and
(ii) by striking paragraph (3) and inserting the
following:
``(3) Authorization periods.--The Secretary shall establish
specific time periods during which authorization to accept and
redeem benefits shall be valid under the supplemental nutrition
assistance program.''; and
(C) in subsection (g), by striking ``section 3(g)(9)'' and
inserting ``section 3(k)(9)''.
(7) Section 10 of the Food and Nutrition Act of 2008 (7 U.S.C.
2019) is amended--
(A) by striking the section designation and heading and all
that follows through ``Regulations'' and inserting the
following:
``SEC. 10. REDEMPTION OF PROGRAM BENEFITS.
``Regulations'';
(B) by striking ``section 3(k)(4) of this Act'' and
inserting ``section 3(p)(4)'';
(C) by striking ``section 7(i)'' and inserting ``section
7(h)''; and
(D) by striking ``coupons'' each place it appears and
inserting ``benefits''.
(8) Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C.
2020) is amended--
(A) in subsection (d)--
(i) by striking ``section 3(n)(1) of this Act'' each
place it appears and inserting ``section 3(t)(1)''; and
(ii) by striking ``section 3(n)(2) of this Act'' each
place it appears and inserting ``section 3(t)(2)'';
(B) in subsection (e)--
(i) in paragraph (8)(E), by striking ``paragraph (16)
or (20)(B)'' and inserting ``paragraph (15) or (18)(B)'';
(ii) by striking paragraphs (15) and (19);
(iii) by redesignating paragraphs (16) through (18) and
(20) through (25) as paragraphs (15) through (17) and (18)
through (23), respectively; and
(iv) in paragraph (17) (as so redesignated), by
striking ``(described in section 3(n)(1) of this Act)'' and
inserting ``described in section 3(t)(1)'';
(C) in subsection (h), by striking ``coupon or coupons''
and inserting ``benefits'';
(D) by striking ``coupon'' each place it appears and
inserting ``benefit'';
(E) by striking ``coupons'' each place it appears and
inserting ``benefits''; and
(F) in subsection (q), by striking ``section 11(e)(20)(B)''
and inserting ``subsection (e)(18)(B)''.
(9) Section 13 of the Food and Nutrition Act of 2008 (7 U.S.C.
2022) is amended by striking ``coupons'' each place it appears and
inserting ``benefits''.
(10) Section 15 of the Food and Nutrition Act of 2008 (7 U.S.C.
2024) is amended--
(A) in subsection (a), by striking ``coupons'' and
inserting ``benefits'';
(B) in subsection (b)(1)--
(i) by striking ``coupons, authorization cards, or
access devices'' each place it appears and inserting
``benefits'';
(ii) by striking ``coupons or authorization cards'' and
inserting ``benefits''; and
(iii) by striking ``access device'' each place it
appears and inserting ``benefit'';
(C) in subsection (c), by striking ``coupons'' each place
it appears and inserting ``benefits'';
(D) in subsection (d), by striking ``Coupons'' and
inserting ``Benefits'';
(E) by striking subsections (e) and (f);
(F) by redesignating subsections (g) and (h) as subsections
(e) and (f), respectively; and
(G) in subsection (e) (as so redesignated), by striking
``coupon, authorization cards or access devices'' and inserting
``benefits''.
(11) Section 16(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2025(a)) is amended by striking ``coupons'' each place it
appears and inserting ``benefits''.
(12) Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C.
2026) is amended--
(A) in subsection (a)(2), by striking ``coupon'' and
inserting ``benefit'';
(B) in subsection (b)(1)--
(i) in subparagraph (B)--
(I) in clause (iv)--
(aa) in subclause (I), inserting ``or otherwise
providing benefits in a form not restricted to the
purchase of food'' after ``of cash'';
(bb) in subclause (III)(aa), by striking
``section 3(i)'' and inserting ``section 3(n)'';
and
(cc) in subclause (VII), by striking ``section
7(j)'' and inserting ``section 7(i)''; and
(II) in clause (v)--
(aa) by striking ``countersigned food coupons
or similar''; and
(bb) by striking ``food coupons'' and inserting
``EBT cards''; and
(ii) in subparagraph (C)(i)(I), by striking ``coupons''
and inserting ``EBT cards'';
(C) in subsection (f), by striking ``section 7(g)(2)'' and
inserting ``section 7(f)(2)''; and
(D) in subsection (j), by striking ``coupon'' and inserting
``benefit''.
(13) Section 19(a)(2)(A)(ii) of the Food and Nutrition Act of
2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is amended by striking ``section
3(o)(4)'' and inserting ``section 3(u)(4)''.
(14) Section 21 of the Food and Nutrition Act of 2008 (7 U.S.C.
2030) is repealed.
(15) Section 22 of the Food and Nutrition Act of 2008 (7 U.S.C.
2031) is amended--
(A) by striking ``food coupons'' each place it appears and
inserting ``benefits'';
(B) by striking ``coupons'' each place it appears and
inserting ``benefits''; and
(C) in subsection (g)(1)(A), by striking ``coupon'' and
inserting ``benefits''.
(16) Section 26(f)(3) of the Food and Nutrition Act of 2008 (7
U.S.C. 2035(f)(3)) is amended--
(A) in subparagraph (A), by striking ``subsections (a)
through (g)'' and inserting ``subsections (a) through (f)'';
and
(B) in subparagraph (E), by striking ``(16), (18), (20),
(24), and (25)'' and inserting ``(15), (17), (18), (22), and
(23)''.
(c) Conforming Cross-References.--
(1) In general.--
(A) Use of terms.--Each provision of law described in
subparagraph (B) is amended (as applicable)--
(i) by striking ``coupons'' each place it appears and
inserting ``benefits'';
(ii) by striking ``coupon'' each place it appears and
inserting ``benefit'';
(iii) by striking ``food coupons'' each place it
appears and inserting ``benefits'';
(iv) in each section heading, by striking ``food
coupons'' each place it appears and inserting ``benefits'';
(v) by striking ``food stamp coupon'' each place it
appears and inserting ``benefit''; and
(vi) by striking ``food stamps'' each place it appears
and inserting ``benefits''.
(B) Provisions of law.--The provisions of law referred to
in subparagraph (A) are the following:
(i) Section 2 of Public Law 103-205 (7 U.S.C. 2012
note; 107 Stat. 2418).
(ii) Section 1956(c)(7)(D) of title 18, United States
Code.
(iii) Titles II through XIX of the Social Security Act
(42 U.S.C. 401 et seq.).
(iv) Section 401(b)(3) of the Social Security
Amendments of 1972 (42 U.S.C. 1382e note; Public Law 92-
603).
(v) The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(vi) Section 802(d)(2)(A)(i)(II) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
8011(d)(2)(A)(i)(II)).
(2) Definition references.--
(A) Section 2 of Public Law 103-205 (7 U.S.C. 2012 note;
107 Stat. 2418) is amended by striking ``section 3(k)(1)'' and
inserting ``section 3(p)(1)''.
(B) Section 205 of the Food Stamp Program Improvements Act
of 1994 (7 U.S.C. 2012 note; Public Law 103-225) is amended by
striking ``section 3(k) of such Act (as amended by section
201)'' and inserting ``section 3(p) of that Act''.
(C) Section 115 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a) is
amended--
(i) by striking ``section 3(h)'' each place it appears
and inserting ``section 3(l)''; and
(ii) in subsection (e)(2), by striking ``section 3(m)''
and inserting ``section 3(s)''.
(D) Section 402(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)) is
amended--
(i) in paragraph (2)(F)(ii), by striking ``section
3(r)'' and inserting ``section 3(j)''; and
(ii) in paragraph (3)(B), by striking ``section 3(h)''
and inserting ``section 3(l)''.
(E) Section 3803(c)(2)(C)(vii) of title 31, United States
Code, is amended by striking ``section 3(h)'' and inserting
``section 3(l)''.
(F) Section 303(d)(4) of the Social Security Act (42 U.S.C.
503(d)(4)) is amended by striking ``section 3(n)(1)'' and
inserting ``section 3(t)(1)''.
(G) Section 404 of the Social Security Act (42 U.S.C. 604)
is amended by striking ``section 3(h)'' each place it appears
and inserting ``section 3(l)''.
(H) Section 531 of the Social Security Act (42 U.S.C. 654)
is amended by striking ``section 3(h)'' each place it appears
and inserting ``section 3(l)''.
(I) Section 802(d)(2)(A)(i)(II) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C.
8011(d)(2)(A)(i)(II)) is amended by striking ``(as defined in
section 3(e) of such Act)''.
(d) References.--Any reference in any Federal, State, tribal, or
local law (including regulations) to a ``coupon'', ``authorization
card'', or other access device provided under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.) shall be considered to be a
reference to a ``benefit'' provided under that Act.
SEC. 4116. REVIEW OF MAJOR CHANGES IN PROGRAM DESIGN.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is
amended by striking the section enumerator and heading and subsection
(a) and inserting the following:
``SEC. 11. ADMINISTRATION.
``(a) State Responsibility.--
``(1) In general.--The State agency of each participating State
shall have responsibility for certifying applicant households and
issuing EBT cards.
``(2) Local administration.--The responsibility of the agency
of the State government shall not be affected by whether the
program is operated on a State-administered or county-administered
basis, as provided under section 3(t)(1).
``(3) Records.--
``(A) In general.--Each State agency shall keep such
records as may be necessary to determine whether the program is
being conducted in compliance with this Act (including
regulations issued under this Act).
``(B) Inspection and audit.--Records described in
subparagraph (A) shall--
``(i) be available for inspection and audit at any
reasonable time;
``(ii) subject to subsection (e)(8), be available for
review in any action filed by a household to enforce any
provision of this Act (including regulations issued under
this Act); and
``(iii) be preserved for such period of not less than 3
years as may be specified in regulations.
``(4) Review of major changes in program design.--
``(A) In general.--The Secretary shall develop standards
for identifying major changes in the operations of a State
agency, including--
``(i) large or substantially-increased numbers of low-
income households that do not live in reasonable proximity
to an office performing the major functions described in
subsection (e);
``(ii) substantial increases in reliance on automated
systems for the performance of responsibilities previously
performed by personnel described in subsection (e)(6)(B);
``(iii) changes that potentially increase the
difficulty of reporting information under subsection (e) or
section 6(c); and
``(iv) changes that may disproportionately increase the
burdens on any of the types of households described in
subsection (e)(2)(A).
``(B) Notification.--If a State agency implements a major
change in operations, the State agency shall--
``(i) notify the Secretary; and
``(ii) collect such information as the Secretary shall
require to identify and correct any adverse effects on
program integrity or access, including access by any of the
types of households described in subsection (e)(2)(A).''.
SEC. 4117. CIVIL RIGHTS COMPLIANCE.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is
amended by striking subsection (c) and inserting the following:
``(c) Civil Rights Compliance.--
``(1) In general.--In the certification of applicant households
for the supplemental nutrition assistance program, there shall be
no discrimination by reason of race, sex, religious creed, national
origin, or political affiliation.
``(2) Relation to other laws.--The administration of the
program by a State agency shall be consistent with the rights of
households under the following laws (including implementing
regulations):
``(A) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.).
``(B) Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
``(C) The Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
``(D) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).''.
SEC. 4118. CODIFICATION OF ACCESS RULES.
Section 11(e)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(e)(1)) is amended--
(1) by striking ``shall (A) at'' and inserting ``shall--
``(A) at''; and
(2) by striking ``and (B) use'' and inserting ``and
``(B) comply with regulations of the Secretary requiring
the use of''.
SEC. 4119. STATE OPTION FOR TELEPHONIC SIGNATURE.
Section 11(e)(2)(C) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(e)(2)(C)) is amended--
(1) by striking ``(C) Nothing in this Act'' and inserting the
following:
``(C) Electronic and automated systems.--
``(i) In general.--Nothing in this Act''; and
(2) by adding at the end the following:
``(ii) State option for telephonic signature.--A State
agency may establish a system by which an applicant
household may sign an application through a recorded verbal
assent over the telephone.
``(iii) Requirements.--A system established under
clause (ii) shall--
``(I) record for future reference the verbal assent
of the household member and the information to which
assent was given;
``(II) include effective safeguards against
impersonation, identity theft, and invasions of
privacy;
``(III) not deny or interfere with the right of the
household to apply in writing;
``(IV) promptly provide to the household member a
written copy of the completed application, with
instructions for a simple procedure for correcting any
errors or omissions;
``(V) comply with paragraph (1)(B);
``(VI) satisfy all requirements for a signature on
an application under this Act and other laws applicable
to the supplemental nutrition assistance program, with
the date on which the household member provides verbal
assent considered as the date of application for all
purposes; and
``(VII) comply with such other standards as the
Secretary may establish.''.
SEC. 4120. PRIVACY PROTECTIONS.
Section 11(e)(8) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(e)(8)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``limit'' and inserting ``prohibit''; and
(B) by striking ``to persons'' and all that follows through
``State programs'';
(2) by redesignating subparagraphs (A) through (E) as
subparagraphs (B) through (F), respectively;
(3) by inserting before subparagraph (B) (as so redesignated)
the following:
``(A) the safeguards shall permit--
``(i) the disclosure of such information to persons
directly connected with the administration or enforcement
of the provisions of this Act, regulations issued pursuant
to this Act, Federal assistance programs, or federally-
assisted State programs; and
``(ii) the subsequent use of the information by persons
described in clause (i) only for such administration or
enforcement;''; and
(4) in subparagraph (F) (as so redesignated) by inserting ``or
subsection (u)'' before the semicolon at the end.
SEC. 4121. PRESERVATION OF ACCESS AND PAYMENT ACCURACY.
Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is
amended by striking subsection (g) and inserting the following:
``(g) Cost Sharing for Computerization.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary is authorized to pay to each State agency the
amount provided under subsection (a)(6) for the costs incurred by
the State agency in the planning, design, development, or
installation of 1 or more automatic data processing and information
retrieval systems that the Secretary determines--
``(A) would assist in meeting the requirements of this Act;
``(B) meet such conditions as the Secretary prescribes;
``(C) are likely to provide more efficient and effective
administration of the supplemental nutrition assistance
program;
``(D) would be compatible with other systems used in the
administration of State programs, including the program funded
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.);
``(E) would be tested adequately before and after
implementation, including through pilot projects in limited
areas for major systems changes as determined under rules
promulgated by the Secretary, data from which shall be
thoroughly evaluated before the Secretary approves the system
to be implemented more broadly; and
``(F) would be operated in accordance with an adequate plan
for--
``(i) continuous updating to reflect changed policy and
circumstances; and
``(ii) testing the effect of the system on access for
eligible households and on payment accuracy.
``(2) Limitation.--The Secretary shall not make payments to a
State agency under paragraph (1) to the extent that the State
agency--
``(A) is reimbursed for the costs under any other Federal
program; or
``(B) uses the systems for purposes not connected with the
supplemental nutrition assistance program.''.
SEC. 4122. FUNDING OF EMPLOYMENT AND TRAINING PROGRAMS.
Section 16(h)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(h)(1)(A)) is amended in subparagraph (A), by striking ``to remain
available until expended'' and inserting ``to remain available for 15
months''.
PART IV--PROGRAM INTEGRITY
SEC. 4131. ELIGIBILITY DISQUALIFICATION.
Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is
amended by adding at the end the following:
``(p) Disqualification for Obtaining Cash by Destroying Food and
Collecting Deposits.--Subject to any requirements established by the
Secretary, any person who has been found by a State or Federal court or
administrative agency in a hearing under subsection (b) to have
intentionally obtained cash by purchasing products with supplemental
nutrition assistance program benefits that have containers that require
return deposits, discarding the product, and returning the container
for the deposit amount shall be ineligible for benefits under this Act
for such period of time as the Secretary shall prescribe by regulation.
``(q) Disqualification for Sale of Food Purchased With Supplemental
Nutrition Assistance Program Benefits.--Subject to any requirements
established by the Secretary, any person who has been found by a State
or Federal court or administrative agency in a hearing under subsection
(b) to have intentionally sold any food that was purchased using
supplemental nutrition assistance program benefits shall be ineligible
for benefits under this Act for such period of time as the Secretary
shall prescribe by regulation.''.
SEC. 4132. CIVIL PENALTIES AND DISQUALIFICATION OF RETAIL FOOD STORES
AND WHOLESALE FOOD CONCERNS.
Section 12 of the Food and Nutrition Act of 2008 (7 U.S.C. 2021) is
amended--
(1) by striking the section designation and heading and all
that follows through the end of subsection (a) and inserting the
following:
``SEC. 12. CIVIL PENALTIES AND DISQUALIFICATION OF RETAIL FOOD STORES
AND WHOLESALE FOOD CONCERNS.
``(a) Disqualification.--
``(1) In general.--An approved retail food store or wholesale
food concern that violates a provision of this Act or a regulation
under this Act may be--
``(A) disqualified for a specified period of time from
further participation in the supplemental nutrition assistance
program;
``(B) assessed a civil penalty of up to $100,000 for each
violation; or
``(C) both.
``(2) Regulations.--Regulations promulgated under this Act
shall provide criteria for the finding of a violation of, the
suspension or disqualification of and the assessment of a civil
penalty against a retail food store or wholesale food concern on
the basis of evidence that may include facts established through
on-site investigations, inconsistent redemption data, or evidence
obtained through a transaction report under an electronic benefit
transfer system.'';
(2) in subsection (b)--
(A) by striking ``(b) Disqualification'' and inserting the
following:
``(b) Period of Disqualification.--Subject to subsection (c), a
disqualification'';
(B) in paragraph (1), by striking ``of no less than six
months nor more than five years'' and inserting ``not to exceed
5 years'';
(C) in paragraph (2), by striking ``of no less than twelve
months nor more than ten years'' and inserting ``not to exceed
10 years'';
(D) in paragraph (3)(B)--
(i) by inserting ``or a finding of the unauthorized
redemption, use, transfer, acquisition, alteration, or
possession of EBT cards'' after ``concern'' the first place
it appears; and
(ii) by striking ``civil money penalties'' and
inserting ``civil penalties''; and
(E) by striking ``civil money penalty'' each place it
appears and inserting ``civil penalty'';
(3) in subsection (c)--
(A) by striking ``(c) The action'' and inserting the
following:
``(c) Civil Penalty and Review of Disqualification and Penalty
Determinations.--
``(1) Civil penalty.--In addition to a disqualification under
this section, the Secretary may assess a civil penalty in an amount
not to exceed $100,000 for each violation.
``(2) Review.--The action''; and
(B) in paragraph (2) (as designated by subparagraph (A)),
by striking ``civil money penalty'' and inserting ``civil
penalty'';
(4) in subsection (d)--
(A) by striking ``(d)'' and all that follows through ``.
The Secretary shall'' and inserting the following:
``(d) Conditions of Authorization.--
``(1) In general.--As a condition of authorization to accept
and redeem benefits, the Secretary may require a retail food store
or wholesale food concern that, pursuant to subsection (a), has
been disqualified for more than 180 days, or has been subjected to
a civil penalty in lieu of a disqualification period of more than
180 days, to furnish a collateral bond or irrevocable letter of
credit for a period of not more than 5 years to cover the value of
benefits that the store or concern may in the future accept and
redeem in violation of this Act.
``(2) Collateral.--The Secretary also may require a retail food
store or wholesale food concern that has been sanctioned for a
violation and incurs a subsequent sanction regardless of the length
of the disqualification period to submit a collateral bond or
irrevocable letter of credit.
``(3) Bond requirements.--The Secretary shall'';
(B) by striking ``If the Secretary finds'' and inserting
the following
``(4) Forfeiture.--If the Secretary finds''; and
(C) by striking ``Such store or concern'' and inserting the
following:
``(5) Hearing.--A store or concern described in paragraph
(4)'';
(5) in subsection (e), by striking ``civil money penalty'' each
place it appears and inserting ``civil penalty''; and
(6) by adding at the end the following:
``(h) Flagrant Violations.--
``(1) In general.--The Secretary, in consultation with the
Inspector General of the Department of Agriculture, shall establish
procedures under which the processing of program benefit
redemptions for a retail food store or wholesale food concern may
be immediately suspended pending administrative action to
disqualify the retail food store or wholesale food concern.
``(2) Requirements.--Under the procedures described in
paragraph (1), if the Secretary, in consultation with the Inspector
General, determines that a retail food store or wholesale food
concern is engaged in flagrant violations of this Act (including
regulations promulgated under this Act), unsettled program benefits
that have been redeemed by the retail food store or wholesale food
concern--
``(A) may be suspended; and
``(B)(i) if the program disqualification is upheld, may be
subject to forfeiture pursuant to section 15(g); or
``(ii) if the program disqualification is not upheld, shall
be released to the retail food store or wholesale food concern.
``(3) No liability for interest.--The Secretary shall not be
liable for the value of any interest on funds suspended under this
subsection.''.
SEC. 4133. MAJOR SYSTEMS FAILURES.
Section 13(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2022(b)) is amended by adding at the end the following:
``(5) Overissuances caused by systemic state errors.--
``(A) In general.--If the Secretary determines that a State
agency overissued benefits to a substantial number of
households in a fiscal year as a result of a major systemic
error by the State agency, as defined by the Secretary, the
Secretary may prohibit the State agency from collecting these
overissuances from some or all households.
``(B) Procedures.--
``(i) Information reporting by states.--Every State
agency shall provide to the Secretary all information
requested by the Secretary concerning the issuance of
benefits to households by the State agency in the
applicable fiscal year.
``(ii) Final determination.--After reviewing relevant
information provided by a State agency, the Secretary shall
make a final determination--
``(I) whether the State agency overissued benefits
to a substantial number of households as a result of a
systemic error in the applicable fiscal year; and
``(II) as to the amount of the overissuance in the
applicable fiscal year for which the State agency is
liable.
``(iii) Establishing a claim.--Upon determining under
clause (ii) that a State agency has overissued benefits to
households due to a major systemic error determined under
subparagraph (A), the Secretary shall establish a claim
against the State agency equal to the value of the
overissuance caused by the systemic error.
``(iv) Administrative and judicial review.--
Administrative and judicial review, as provided in section
14, shall apply to the final determinations by the
Secretary under clause (ii).
``(v) Remission to the secretary.--
``(I) Determination not appealed.--If the
determination of the Secretary under clause (ii) is not
appealed, the State agency shall, as soon as
practicable, remit to the Secretary the dollar amount
specified in the claim under clause (iii).
``(II) Determination appealed.--If the
determination of the Secretary under clause (ii) is
appealed, upon completion of administrative and
judicial review under clause (iv), and a finding of
liability on the part of the State, the appealing State
agency shall, as soon as practicable, remit to the
Secretary a dollar amount subject to the finding made
in the administrative and judicial review.
``(vi) Alternative method of collection.--
``(I) In general.--If a State agency fails to make
a payment under clause (v) within a reasonable period
of time, as determined by the Secretary, the Secretary
may reduce any amount due to the State agency under any
other provision of this Act by the amount due.
``(II) Accrual of interest.--During the period of
time determined by the Secretary to be reasonable under
subclause (I), interest in the amount owed shall not
accrue.
``(vii) Limitation.--Any liability amount established
under section 16(c)(1)(C) shall be reduced by the amount of
the claim established under this subparagraph.''.
PART V--MISCELLANEOUS
SEC. 4141. PILOT PROJECTS TO EVALUATE HEALTH AND NUTRITION PROMOTION IN
THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is
amended by adding at the end the following:
``(k) Pilot Projects to Evaluate Health and Nutrition Promotion in
the Supplemental Nutrition Assistance Program.--
``(1) In general.--The Secretary shall carry out, under such
terms and conditions as the Secretary considers to be appropriate,
pilot projects to develop and test methods--
``(A) of using the supplemental nutrition assistance
program to improve the dietary and health status of households
eligible for or participating in the supplemental nutrition
assistance program; and
``(B) to reduce overweight, obesity (including childhood
obesity), and associated co-morbidities in the United States.
``(2) Grants.--
``(A) In general.--In carrying out this subsection, the
Secretary may enter into competitively awarded contracts or
cooperative agreements with, or provide grants to, public or
private organizations or agencies (as defined by the
Secretary), for use in accordance with projects that meet the
strategy goals of this subsection.
``(B) Application.--To be eligible to receive a contract,
cooperative agreement, or grant under this paragraph, an
organization shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(C) Selection criteria.--Pilot projects shall be
evaluated against publicly disseminated criteria that may
include--
``(i) identification of a low-income target audience
that corresponds to individuals living in households with
incomes at or below 185 percent of the poverty level;
``(ii) incorporation of a scientifically based strategy
that is designed to improve diet quality through more
healthful food purchases, preparation, or consumption;
``(iii) a commitment to a pilot project that allows for
a rigorous outcome evaluation, including data collection;
``(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;
``(vi) other criteria, as determined by the Secretary.
``(D) Use of funds.--Funds provided under this paragraph
shall not be used for any project that limits the use of
benefits under this Act.
``(3) Projects.--Pilot projects carried out under paragraph (1)
may include projects to determine whether healthier food purchases
by and healthier diets among households participating in the
supplemental nutrition assistance program result from projects
that--
``(A) increase the supplemental nutrition assistance
purchasing power of the participating households by providing
increased supplemental nutrition assistance program benefit
allotments to the participating households;
``(B) increase access to farmers markets by participating
households through the electronic redemption of supplemental
nutrition assistance program benefits at farmers' markets;
``(C) provide incentives to authorized supplemental
nutrition assistance program retailers to increase the
availability of healthy foods to participating households;
``(D) subject authorized supplemental nutrition assistance
program retailers to stricter retailer requirements with
respect to carrying and stocking healthful foods;
``(E) provide incentives at the point of purchase to
encourage households participating in the supplemental
nutrition assistance program to purchase fruits, vegetables, or
other healthful foods; or
``(F) provide to participating households integrated
communication and education programs, including the provision
of funding for a portion of a school-based nutrition
coordinator to implement a broad nutrition action plan and
parent nutrition education programs in elementary schools,
separately or in combination with pilot projects carried out
under subparagraphs (A) through (E).
``(4) Evaluation and reporting.--
``(A) Evaluation.--
``(i) Independent evaluation.--
``(I) In general.--The Secretary shall provide for
an independent evaluation of projects selected under
this subsection that measures the impact of the pilot
program on health and nutrition as described in
paragraph (1).
``(II) Requirement.--The independent evaluation
under subclause (I) shall use rigorous methodologies,
particularly random assignment or other methods that
are capable of producing scientifically valid
information regarding which activities are effective.
``(ii) Costs.--The Secretary may use funds provided to
carry out this section to pay costs associated with
monitoring and evaluating each pilot project.
``(B) Reporting.--Not later than 90 days after the last day
of fiscal year 2009 and each fiscal year thereafter until the
completion of the last evaluation under subparagraph (A), the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that includes a
description of--
``(i) the status of each pilot project;
``(ii) the results of the evaluation completed during
the previous fiscal year; and
``(iii) to the maximum extent practicable--
``(I) the impact of the pilot project on
appropriate health, nutrition, and associated
behavioral outcomes among households participating in
the pilot project;
``(II) baseline information relevant to the stated
goals and desired outcomes of the pilot project; and
``(III) equivalent information about similar or
identical measures among control or comparison groups
that did not participate in the pilot project.
``(C) Public dissemination.--In addition to the reporting
requirements under subparagraph (B), evaluation results shall
be shared broadly to inform policy makers, service providers,
other partners, and the public in order to promote wide use of
successful strategies.
``(5) Funding.--
``(A) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section for each of fiscal years 2008 through
2012.
``(B) Mandatory funding.--Out of any funds made available
under section 18, on October 1, 2008, the Secretary shall make
available $20,000,000 to carry out a project described in
paragraph (3)(E), to remain available until expended.''.
SEC. 4142. STUDY ON COMPARABLE ACCESS TO SUPPLEMENTAL NUTRITION
ASSISTANCE FOR PUERTO RICO.
(a) In General.--The Secretary shall carry out a study of the
feasibility and effects of including the Commonwealth of Puerto Rico in
the definition of the term ``State'' under section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012), in lieu of providing block
grants under section 19 of that Act (7 U.S.C. 2028).
(b) Inclusions.--The study shall include--
(1) an assessment of the administrative, financial management,
and other changes that would be necessary for the Commonwealth to
establish a comparable supplemental nutrition assistance program,
including compliance with appropriate program rules under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), such as--
(A) benefit levels under section 3(u) of that Act (7 U.S.C.
2012(u));
(B) income eligibility standards under sections 5(c) and 6
of that Act (7 U.S.C. 2014(c), 2015); and
(C) deduction levels under section 5(e) of that Act (7
U.S.C. 2014(e));
(2) an estimate of the impact on Federal and Commonwealth
benefit and administrative costs;
(3) an assessment of the impact of the program on low-income
Puerto Ricans, as compared to the program under section 19 of that
Act (7 U.S.C. 2028); and
(4) such other matters as the Secretary considers to be
appropriate.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes the
results of the study conducted under this section.
(d) Funding.--
(1) In general.--On October 1, 2008, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this section
$1,000,000, to remain available until expended.
(2) Receipt and acceptance.--The Secretary shall be entitled to
receive, shall accept, and shall use to carry out this section the
funds transferred under paragraph (1), without further
appropriation.
Subtitle B--Food Distribution Programs
PART I--EMERGENCY FOOD ASSISTANCE PROGRAM
SEC. 4201. EMERGENCY FOOD ASSISTANCE.
(a) Purchase of Commodities.--Section 27(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036(a)) is amended by -
(1) by striking ``(a) Purchase of Commodities'' and all that
follows through ``$140,000,000 of'' and inserting the following:
``(a) Purchase of Commodities.--
``(1) In general.--From amounts made available to carry out
this Act, for each of the fiscal years 2008 through 2012, the
Secretary shall purchase a dollar amount described in paragraph (2)
of''; and
(2) by adding at the end the following:
``(2) Amounts.--The Secretary shall use to carry out paragraph
(1)--
``(A) for fiscal year 2008, $190,000,000;
``(B) for fiscal year 2009, $250,000,000; and
``(C) for each of fiscal years 2010 through 2012, the
dollar amount of commodities specified in subparagraph (B)
adjusted by the percentage by which the thrifty food plan has
been adjusted under section 3(u)(4) between June 30, 2008, and
June 30 of the immediately preceding fiscal year.''.
(b) State Plans.--Section 202A of the Emergency Food Assistance Act
of 1983 (7 U.S.C. 7503) is amended by striking subsection (a) and
inserting the following:
``(a) Plans.--
``(1) In general.--To receive commodities under this Act, a
State shall submit to the Secretary an operation and administration
plan for the provision of benefits under this Act.
``(2) Updates.--A State shall submit to the Secretary for
approval any amendment to a plan submitted under paragraph (1) in
any case in which the State proposes to make a change to the
operation or administration of a program described in the plan.''.
(c) Authorization and Appropriations.--Section 204(a)(1) of the
Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)) is amended
in the first sentence--
(1) by striking ``$60,000,000'' and inserting ``$100,000,000'';
and
(2) by inserting ``and donated wild game'' before the period at
the end.
SEC. 4202. EMERGENCY FOOD PROGRAM INFRASTRUCTURE GRANTS.
The Emergency Food Assistance Act of 1983 is amended by inserting
after section 208 (7 U.S.C. 7511) the following:
``SEC. 209. EMERGENCY FOOD PROGRAM INFRASTRUCTURE GRANTS.
``(a) Definition of Eligible Entity.--In this section, the term
`eligible entity' means an emergency feeding organization.
``(b) Program Authorized.--
``(1) In general.--The Secretary shall use funds made available
under subsection (d) to make grants to eligible entities to pay the
costs of an activity described in subsection (c).
``(2) Rural preference.--The Secretary shall use not less than
50 percent of the funds described in paragraph (1) for a fiscal
year to make grants to eligible entities that serve predominantly
rural communities for the purposes of--
``(A) expanding the capacity and infrastructure of food
banks, State-wide food bank associations, and food bank
collaboratives that operate in rural areas; and
``(B) improving the capacity of the food banks to procure,
receive, store, distribute, track, and deliver time-sensitive
or perishable food products.
``(c) Use of Funds.--An eligible entity shall use a grant received
under this section for any fiscal year to carry out activities of the
eligible entity, including--
``(1) the development and maintenance of a computerized system
for the tracking of time-sensitive food products;
``(2) capital, infrastructure, and operating costs associated
with the collection, storage, distribution, and transportation of
time-sensitive and perishable food products;
``(3) improving the security and diversity of the emergency
food distribution and recovery systems of the United States through
the support of small or mid-size farms and ranches, fisheries, and
aquaculture, and donations from local food producers and
manufacturers to persons in need;
``(4) providing recovered foods to food banks and similar
nonprofit emergency food providers to reduce hunger in the United
States;
``(5) improving the identification of--
``(A) potential providers of donated foods;
``(B) potential nonprofit emergency food providers; and
``(C) persons in need of emergency food assistance in rural
areas; and
``(6) constructing, expanding, or repairing a facility or
equipment to support hunger relief agencies in the community.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2008 through 2012.''.
PART II--FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS
SEC. 4211. ASSESSING THE NUTRITIONAL VALUE OF THE FDPIR FOOD PACKAGE.
(a) In General.--Section 4 of the Food and Nutrition Act of 2008 (7
U.S.C. 2013) is amended by striking subsection (b) and inserting the
following:
``(b) Food Distribution Program on Indian Reservations.--
``(1) In general.--Distribution of commodities, with or without
the supplemental nutrition assistance program, shall be made
whenever a request for concurrent or separate food program
operations, respectively, is made by a tribal organization.
``(2) Administration.--
``(A) In general.--Subject to subparagraphs (B) and (C), in
the event of distribution on all or part of an Indian
reservation, the appropriate agency of the State government in
the area involved shall be responsible for the distribution.
``(B) Administration by tribal organization.--If the
Secretary determines that a tribal organization is capable of
effectively and efficiently administering a distribution
described in paragraph (1), then the tribal organization shall
administer the distribution.
``(C) Prohibition.--The Secretary shall not approve any
plan for a distribution described in paragraph (1) that permits
any household on any Indian reservation to participate
simultaneously in the supplemental nutrition assistance program
and the program established under this subsection.
``(3) Disqualified participants.--An individual who is
disqualified from participation in the food distribution program on
Indian reservations under this subsection is not eligible to
participate in the supplemental nutrition assistance program under
this Act for a period of time to be determined by the Secretary.
``(4) Administrative costs.--The Secretary is authorized to pay
such amounts for administrative costs and distribution costs on
Indian reservations as the Secretary finds necessary for effective
administration of such distribution by a State agency or tribal
organization.
``(5) Bison meat.--Subject to the availability of
appropriations to carry out this paragraph, the Secretary may
purchase bison meat for recipients of food distributed under this
subsection, including bison meat from--
``(A) Native American bison producers; and
``(B) producer-owned cooperatives of bison ranchers.
``(6) Traditional and locally-grown food fund.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary shall establish a fund for use in
purchasing traditional and locally-grown foods for recipients
of food distributed under this subsection.
``(B) Native american producers.--Where practicable, of the
food provided under subparagraph (A), at least 50 percent shall
be produced by Native American farmers, ranchers, and
producers.
``(C) Definition of traditional and locally grown.--The
Secretary shall determine the definition of the term
`traditional and locally-grown' with respect to food
distributed under this paragraph.
``(D) Survey.--In carrying out this paragraph, the
Secretary shall--
``(i) survey participants of the food distribution
program on Indian reservations established under this
subsection to determine which traditional foods are most
desired by those participants; and
``(ii) purchase or offer to purchase those traditional
foods that may be procured cost-effectively.
``(E) Report.--Not later than 1 year after the date of
enactment of this paragraph, and annually thereafter, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing the
activities carried out under this paragraph during the
preceding calendar year.
``(F) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this paragraph
$5,000,000 for each of fiscal years 2008 through 2012.''.
(b) FDPIR Food Package.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
describes--
(1) how the Secretary derives the process for determining the
food package under the food distribution program on Indian
reservations established under section 4(b) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2013(b)) (referred to in this
subsection as the ``food package'');
(2) the extent to which the food package--
(A) addresses the nutritional needs of low-income Native
Americans compared to the supplemental nutrition assistance
program, particularly for very low-income households;
(B) conforms (or fails to conform) to the 2005 Dietary
Guidelines for Americans published under section 301 of the
National Nutrition Monitoring and Related Research Act of 1990
(7 U.S.C. 5341);
(C) addresses (or fails to address) the nutritional and
health challenges that are specific to Native Americans; and
(D) is limited by distribution costs or challenges in
infrastructure; and
(3)(A) any plans of the Secretary to revise and update the food
package to conform with the most recent Dietary Guidelines for
Americans, including any costs associated with the planned changes;
or
(B) if the Secretary does not plan changes to the food package,
the rationale of the Secretary for retaining the food package.
PART III--COMMODITY SUPPLEMENTAL FOOD PROGRAM
SEC. 4221. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
Section 5 of the Agriculture and Consumer Protection Act of 1973 (7
U.S.C. 612c note; Public Law 93-86) is amended by striking subsection
(g) and inserting the following:
``(g) Prohibition.--Notwithstanding any other provision of law
(including regulations), the Secretary may not require a State or local
agency to prioritize assistance to a particular group of individuals
that are--
``(1) low-income persons aged 60 and older; or
``(2) women, infants, and children.''.
PART IV--SENIOR FARMERS' MARKET NUTRITION PROGRAM
SEC. 4231. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
Section 4402 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3007) is amended--
(1) in subsection (b)(1), by inserting ``honey,'' after
``vegetables,'';
(2) by striking subsection (c) and inserting the following:
``(c) Exclusion of Benefits in Determining Eligibility for Other
Programs.--The value of any benefit provided to any eligible seniors
farmers' market nutrition program recipient under this section shall
not be considered to be income or resources for any purposes under any
Federal, State, or local law.''; and
(3) by adding at the end the following:
``(d) Prohibition on Collection of Sales Tax.--Each State shall
ensure that no State or local tax is collected within the State on a
purchase of food with a benefit distributed under the seniors farmers'
market nutrition program.
``(e) Regulations.--The Secretary may promulgate such regulations
as the Secretary considers to be necessary to carry out the seniors
farmers' market nutrition program.''.
Subtitle C--Child Nutrition and Related Programs
SEC. 4301. STATE PERFORMANCE ON ENROLLING CHILDREN RECEIVING PROGRAM
BENEFITS FOR FREE SCHOOL MEALS.
(a) In General.--Not later than December 31, 2008 and June 30 of
each year thereafter, the Secretary shall submit to the Committees on
Agriculture and Education and Labor of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the Senate a
report that assesses the effectiveness of each State in enrolling
school-aged children in households receiving program benefits under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (referred to in
this section as ``program benefits'') for free school meals using
direct certification.
(b) Specific Measures.--The assessment of the Secretary of the
performance of each State shall include--
(1) an estimate of the number of school-aged children, by
State, who were members of a household receiving program benefits
at any time in July, August, or September of the prior year;
(2) an estimate of the number of school-aged children, by
State, who were directly certified as eligible for free lunches
under the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.), based on receipt of program benefits, as of October
1 of the prior year; and
(3) an estimate of the number of school-aged children, by
State, who were members of a household receiving program benefits
at any time in July, August, or September of the prior year who
were not candidates for direct certification because on October 1
of the prior year the children attended a school operating under
the special assistance provisions of section 11(a)(1) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1759a(a)(1)) that is not operating in a base year.
(c) Performance Innovations.--The report of the Secretary shall
describe best practices from States with the best performance or the
most improved performance from the previous year.
SEC. 4302. PURCHASES OF LOCALLY PRODUCED FOODS.
Section 9(j) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(j)) is amended to read as follows:
``(j) Purchases of Locally Produced Foods.--The Secretary shall--
``(1) encourage institutions receiving funds under this Act and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to
purchase unprocessed agricultural products, both locally grown and
locally raised, to the maximum extent practicable and appropriate;
``(2) advise institutions participating in a program described
in paragraph (1) of the policy described in that paragraph and
paragraph (3) and post information concerning the policy on the
website maintained by the Secretary; and
``(3) allow institutions receiving funds under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), including the
Department of Defense Fresh Fruit and Vegetable Program, to use a
geographic preference for the procurement of unprocessed
agricultural products, both locally grown and locally raised.''.
SEC. 4303. HEALTHY FOOD EDUCATION AND PROGRAM REPLICABILITY.
Section 18(h) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769(h)) is amended--
(1) in paragraph (1)(C), by inserting ``promotes healthy food
education in the school curriculum and'' before ``incorporates'';
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following:
``(2) Administration.--In providing grants under paragraph (1),
the Secretary shall give priority to projects that can be
replicated in schools.
``(3) Pilot program for high-poverty schools.--
``(A) Definitions.--In this paragraph:
``(i) Eligible program.--The term `eligible program'
means--
``(I) a school-based program with hands-on
vegetable gardening and nutrition education that is
incorporated into the curriculum for 1 or more grades
at 2 or more eligible schools; or
``(II) a community-based summer program with hands-
on vegetable gardening and nutrition education that is
part of, or coordinated with, a summer enrichment
program at 2 or more eligible schools.
``(ii) Eligible school.--The term `eligible school'
means a public school, at least 50 percent of the students
of which are eligible for free or reduced price meals under
this Act.
``(B) Establishment.--The Secretary shall carry out a pilot
program under which the Secretary shall provide to nonprofit
organizations or public entities in not more than 5 States
grants to develop and run, through eligible programs, community
gardens at eligible schools in the States that would--
``(i) be planted, cared for, and harvested by students
at the eligible schools; and
``(ii) teach the students participating in the
community gardens about agriculture production practices
and diet.
``(C) Priority states.--Of the States in which grantees
under this paragraph are located--
``(i) at least 1 State shall be among the 15 largest
States, as determined by the Secretary;
``(ii) at least 1 State shall be among the 16th to 30th
largest States, as determined by the Secretary; and
``(iii) at least 1 State shall be a State that is not
described in clause (i) or (ii).
``(D) Use of produce.--Produce from a community garden
provided a grant under this paragraph may be--
``(i) used to supplement food provided at the eligible
school;
``(ii) distributed to students to bring home to the
families of the students; or
``(iii) donated to a local food bank or senior center
nutrition program.
``(E) No cost-sharing requirement.--A nonprofit
organization or public entity that receives a grant under this
paragraph shall not be required to share the cost of carrying
out the activities assisted under this paragraph.
``(F) Evaluation.--A nonprofit organization or public
entity that receives a grant under this paragraph shall be
required to cooperate in an evaluation in accordance with
paragraph (1)(H).''.
SEC. 4304. FRESH FRUIT AND VEGETABLE PROGRAM.
(a) Program.--
(1) In general.--The Richard B. Russell National School Lunch
Act is amended by inserting after section 18 (42 U.S.C. 1769) the
following:
``SEC. 19. FRESH FRUIT AND VEGETABLE PROGRAM.
``(a) In General.--For the school year beginning July 2008 and each
subsequent school year, the Secretary shall provide grants to States to
carry out a program to make free fresh fruits and vegetables available
in elementary schools (referred to in this section as the `program').
``(b) Program.--A school participating in the program shall make
free fresh fruits and vegetables available to students throughout the
school day (or at such other times as are considered appropriate by the
Secretary) in 1 or more areas designated by the school.
``(c) Funding to States.--
``(1) Minimum grant.--Except as provided in subsection (i)(2),
the Secretary shall provide to each of the 50 States and the
District of Columbia an annual grant in an amount equal to 1
percent of the funds made available for a year to carry out the
program.
``(2) Additional funding.--Of the funds remaining after grants
are made under paragraph (1), the Secretary shall allocate
additional funds to each State that is operating a school lunch
program under section 4 based on the proportion that--
``(A) the population of the State; bears to
``(B) the population of the United States.
``(d) Selection of Schools.--
``(1) In general.--Except as provided in paragraph (2) of this
subsection and section 4304(a)(2) of the Food, Conservation, and
Energy Act of 2008, each year, in selecting schools to participate
in the program, each State shall--
``(A) ensure that each school chosen to participate in the
program is a school--
``(i) in which not less than 50 percent of the students
are eligible for free or reduced price meals under this
Act; and
``(ii) that submits an application in accordance with
subparagraph (D);
``(B) to the maximum extent practicable, give the highest
priority to schools with the highest proportion of children who
are eligible for free or reduced price meals under this Act;
``(C) ensure that each school selected is an elementary
school (as defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801));
``(D) solicit applications from interested schools that
include--
``(i) information pertaining to the percentage of
students enrolled in the school submitting the application
who are eligible for free or reduced price school lunches
under this Act;
``(ii) a certification of support for participation in
the program signed by the school food manager, the school
principal, and the district superintendent (or equivalent
positions, as determined by the school);
``(iii) a plan for implementation of the program,
including efforts to integrate activities carried out under
this section with other efforts to promote sound health and
nutrition, reduce overweight and obesity, or promote
physical activity; and
``(iv) such other information as may be requested by
the Secretary; and
``(E) encourage applicants to submit a plan for
implementation of the program that includes a partnership with
1 or more entities that will provide non-Federal resources
(including entities representing the fruit and vegetable
industry).
``(2) Exception.--Clause (i) of paragraph (1)(A) shall not
apply to a State if all schools that meet the requirements of that
clause have been selected and the State does not have a sufficient
number of additional schools that meet the requirement of that
clause.
``(3) Outreach to low-income schools.--
``(A) In general.--Prior to making decisions regarding
school participation in the program, a State agency shall
inform the schools within the State with the highest proportion
of free and reduced price meal eligibility, including Native
American schools, of the eligibility of the schools for the
program with respect to priority granted to schools with the
highest proportion of free and reduced price eligibility under
paragraph (1)(B).
``(B) Requirement.--In providing information to schools in
accordance with subparagraph (A), a State agency shall inform
the schools that would likely be chosen to participate in the
program under paragraph (1)(B).
``(e) Notice of Availability.--If selected to participate in the
program, a school shall widely publicize within the school the
availability of free fresh fruits and vegetables under the program.
``(f) Per-Student Grant.--The per-student grant provided to a
school under this section shall be--
``(1) determined by a State agency; and
``(2) not less than $50, nor more than $75.
``(g) Limitation.--To the maximum extent practicable, each State
agency shall ensure that in making the fruits and vegetables provided
under this section available to students, schools offer the fruits and
vegetables separately from meals otherwise provided at the school under
this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
``(h) Evaluation and Reports.--
``(1) In general.--The Secretary shall conduct an evaluation of
the program, including a determination as to whether children
experienced, as a result of participating in the program--
``(A) increased consumption of fruits and vegetables;
``(B) other dietary changes, such as decreased consumption
of less nutritious foods; and
``(C) such other outcomes as are considered appropriate by
the Secretary.
``(2) Report.--Not later than September 30, 2011, the Secretary
shall submit to the Committee on Education and Labor of the House
of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes the results of the
evaluation under paragraph (1).
``(i) Funding.--
``(1) In general.--Out of the funds made available under
subsection (b)(2)(A) of section 14222 of the Food, Conservation,
and Energy Act of 2008, the Secretary shall use the following
amounts to carry out this section:
``(A) On October 1, 2008, $40,000,000.
``(B) On July 1, 2009, $65,000,000.
``(C) On July 1, 2010, $101,000,000.
``(D) On July 1, 2011, $150,000,000.
``(E) On July 1, 2012, and each July 1 thereafter, the
amount made available for the preceding fiscal year, as
adjusted to reflect changes for the 12-month period ending the
preceding April 30 in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor, for items other than food.
``(2) Maintenance of existing funding.--In allocating funding
made available under paragraph (1) among the States in accordance
with subsection (c), the Secretary shall ensure that each State
that received funding under section 18(f) on the day before the
date of enactment of the Food, Conservation, and Energy Act of 2008
shall continue to receive sufficient funding under this section to
maintain the caseload level of the State under that section as in
effect on that date.
``(3) Evaluation funding.--On October 1, 2008, out of any funds
made available under subsection (b)(2)(A) of section 14222 of the
Food, Conservation, and Energy Act of 2008, the Secretary shall use
to carry out the evaluation required under subsection (h),
$3,000,000, to remain available for obligation until September 30,
2010.
``(4) Receipt and acceptance.--The Secretary shall be entitled
to receive, shall accept, and shall use to carry out this section
any funds transferred for that purpose, without further
appropriation.
``(5) Authorization of appropriations.--In addition to any
other amounts made available to carry out this section, there are
authorized to be appropriated such sums as are necessary to expand
the program established under this section.
``(6) Administrative costs.--
``(A) In general.--Of funds made available to carry out
this section for a fiscal year, the Secretary may use not more
than $500,000 for the administrative costs of carrying out the
program.
``(B) Reservation of funds.--The Secretary shall allow each
State to reserve such funding as the Secretary determines to be
necessary to administer the program in the State (with
adjustments for the size of the State and the grant amount),
but not to exceed the amount required to pay the costs of 1
full-time coordinator for the program in the State.
``(7) Reallocation.--
``(A) Among states.--The Secretary may reallocate any
amounts made available to carry out this section that are not
obligated or expended by a date determined by the Secretary.
``(B) Within states.--A State that receives a grant under
this section may reallocate any amounts made available under
the grant that are not obligated or expended by a date
determined by the Secretary.''.
(2) Transition of existing schools.--
(A) Existing secondary schools.--Section 19(d)(1)(C) of the
Richard B. Russell National School Lunch Act (as amended by
paragraph (1)) may be waived by a State until July 1, 2010, for
each secondary school in the State that has been awarded
funding under section 18(f) of that Act (42 U.S.C. 1769(f)) for
the school year beginning July 1, 2008.
(B) School year beginning july 1, 2008.--To facilitate
transition from the program authorized under section 18(f) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1769(f)) (as in effect on the day before the date of enactment
of this Act) to the program established under section 19 of
that Act (as amended by paragraph (1))--
(i) for the school year beginning July 1, 2008, the
Secretary may permit any school selected for participation
under section 18(f) of that Act (42 U.S.C. 1769(f)) for
that school year to continue to participate under section
19 of that Act until the end of that school year; and
(ii) funds made available under that Act for fiscal
year 2009 may be used to support the participation of any
schools selected to participate in the program authorized
under section 18(f) of that Act (42 U.S.C. 1769(f)) (as in
effect on the day before the date of enactment of this
Act).
(b) Conforming Amendments.--Section 18 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) through (j) as subsections
(f) through (i), respectively.
SEC. 4305. WHOLE GRAIN PRODUCTS.
(a) Purpose.--The purpose of this section is to encourage greater
awareness and interest in the number and variety of whole grain
products available to schoolchildren, as recommended by the 2005
Dietary Guidelines for Americans.
(b) Definition of Eligible Whole Grains and Whole Grain Products.--
In this section, the terms ``whole grains'' and ``whole grain
products'' have the meaning given the terms by the Food and Nutrition
Service in the HealthierUS School Challenge.
(c) Purchase of Whole Grains and Whole Grain Products.--In addition
to the commodities delivered under section 6 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1755), the Secretary shall
purchase whole grains and whole grain products for use in--
(1) the school lunch program established under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and
(2) the school breakfast program established by section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(d) Evaluation.--Not later than September 30, 2011, the Secretary
shall conduct an evaluation of the activities conducted under
subsection (c) that includes--
(1) an evaluation of whether children participating in the
school lunch and breakfast programs increased their consumption of
whole grains;
(2) an evaluation of which whole grains and whole grain
products are most acceptable for use in the school lunch and
breakfast programs;
(3) any recommendations of the Secretary regarding the
integration of whole grain products in the school lunch and
breakfast programs; and
(4) an evaluation of any other outcomes determined to be
appropriate by the Secretary.
(e) Report.--As soon as practicable after the completion of the
evaluation under subsection (d), the Secretary shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Education and Labor of the House of Representative a
report describing the results of the evaluation.
SEC. 4306. BUY AMERICAN REQUIREMENTS.
(a) Findings.--The Congress finds the following:
(1) Federal law requires that commodities and products
purchased with Federal funds be, to the extent practicable, of
domestic origin.
(2) Federal Buy American statutory requirements seek to ensure
that purchases made with Federal funds benefit domestic producers.
(3) The Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) requires the use of domestic food products for all
meals served under the program, including food products purchased
with local funds.
(b) Buy American Statutory Requirements.--The Department of
Agriculture should undertake training, guidance, and enforcement of the
various current Buy American statutory requirements and regulations,
including those of the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
SEC. 4307. SURVEY OF FOODS PURCHASED BY SCHOOL FOOD AUTHORITIES.
(a) In General.--For fiscal year 2009, the Secretary shall carry
out a nationally representative survey of the foods purchased during
the most recent school year for which data is available by school
authorities participating in the school lunch program established under
the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
(b) Report.--
(1) In general.--On completion of the survey, the Secretary
shall submit to the Committees on Agriculture and Education and
Labor of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
describes the results of the survey.
(2) Interim requirement.--If the initial report required under
paragraph (1) is not submitted to the Committees referred to in
that paragraph by June 30, 2009, the Secretary shall submit to the
Committees an interim report that describes the relevant survey
data, or a sample of such data, available to the Secretary as of
that date.
(c) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary shall use to carry out this section not more than $3,000,000.
Subtitle D--Miscellaneous
SEC. 4401. BILL EMERSON NATIONAL HUNGER FELLOWS AND MICKEY LELAND
INTERNATIONAL HUNGER FELLOWS.
Section 4404 of the Farm Security and Rural Investment Act of 2002
(2 U.S.C. 1161) is amended to read as follows:
``SEC. 4404. BILL EMERSON NATIONAL HUNGER FELLOWS AND MICKEY LELAND
INTERNATIONAL HUNGER FELLOWS.
``(a) Short Title.--This section may be cited as the `Bill Emerson
National Hunger Fellows and Mickey Leland International Hunger Fellows
Program Act of 2008'.
``(b) Definitions.--In this subsection:
``(1) Director.--The term `Director' means the head of the
Congressional Hunger Center.
``(2) Fellow.--The term `fellow' means--
``(A) a Bill Emerson Hunger Fellow; or
``(B) Mickey Leland Hunger Fellow.
``(3) Fellowship programs.--The term `Fellowship Programs'
means the Bill Emerson National Hunger Fellowship Program and the
Mickey Leland International Hunger Fellowship Program established
under subsection (c)(1).
``(c) Fellowship Programs.--
``(1) In general.--There is established the Bill Emerson
National Hunger Fellowship Program and the Mickey Leland
International Hunger Fellowship Program.
``(2) Purposes.--
``(A) In general.--The purposes of the Fellowship Programs
are--
``(i) to encourage future leaders of the United
States--
``(I) to pursue careers in humanitarian and public
service;
``(II) to recognize the needs of low-income people
and hungry people;
``(III) to provide assistance to people in need;
and
``(IV) to seek public policy solutions to the
challenges of hunger and poverty;
``(ii) to provide training and development
opportunities for such leaders through placement in
programs operated by appropriate organizations or entities;
and
``(iii) to increase awareness of the importance of
public service.
``(B) Bill emerson hunger fellowship program.--The purpose
of the Bill Emerson Hunger Fellowship Program is to address
hunger and poverty in the United States.
``(C) Mickey leland hunger fellowship program.--The purpose
of the Mickey Leland Hunger Fellowship Program is to address
international hunger and other humanitarian needs.
``(3) Administration.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall offer to provide a grant to the Congressional
Hunger Center to administer the Fellowship Programs.
``(B) Terms of grant.--The terms of the grant provided
under subparagraph (A), including the length of the grant and
provisions for the alteration or termination of the grant,
shall be determined by the Secretary in accordance with this
section.
``(d) Fellowships.--
``(1) In general.--The Director shall make available Bill
Emerson Hunger Fellowships and Mickey Leland Hunger Fellowships in
accordance with this subsection.
``(2) Curriculum.--
``(A) In general.--The Fellowship Programs shall provide
experience and training to develop the skills necessary to
train fellows to carry out the purposes described in subsection
(c)(2), including--
``(i) training in direct service programs for the
hungry and other anti-hunger programs in conjunction with
community-based organizations through a program of field
placement; and
``(ii) providing experience in policy development
through placement in a governmental entity or
nongovernmental, nonprofit, or private sector organization.
``(B) Work plan.--To carry out subparagraph (A) and assist
in the evaluation of the fellowships under paragraph (6), the
Director shall, for each fellow, approve a work plan that
identifies the target objectives for the fellow in the
fellowship, including specific duties and responsibilities
relating to those objectives.
``(3) Period of fellowship.--
``(A) Bill emerson hunger fellow.--A Bill Emerson Hunger
Fellowship awarded under this section shall be for not more
than 15 months.
``(B) Mickey leland hunger fellow.--A Mickey Leland Hunger
Fellowship awarded under this section shall be for not more
than 2 years.
``(4) Selection of fellows.--
``(A) In general.--Fellowships shall be awarded pursuant to
a nationwide competition established by the Director.
``(B) Qualifications.--A successful program applicant shall
be an individual who has demonstrated--
``(i) an intent to pursue a career in humanitarian
services and outstanding potential for such a career;
``(ii) leadership potential or actual leadership
experience;
``(iii) diverse life experience;
``(iv) proficient writing and speaking skills;
``(v) an ability to live in poor or diverse
communities; and
``(vi) such other attributes as are considered to be
appropriate by the Director.
``(5) Amount of award.--
``(A) In general.--A fellow shall receive--
``(i) a living allowance during the term of the
Fellowship; and
``(ii) subject to subparagraph (B), an end-of-service
award.
``(B) Requirement for successful completion of
fellowship.--Each fellow shall be entitled to receive an end-
of-service award at an appropriate rate for each month of
satisfactory service completed, as determined by the Director.
``(C) Terms of fellowship.--A fellow shall not be
considered an employee of--
``(i) the Department of Agriculture;
``(ii) the Congressional Hunger Center; or
``(iii) a host agency in the field or policy placement
of the fellow.
``(D) Recognition of fellowship award.--
``(i) Emerson fellow.--An individual awarded a
fellowship from the Bill Emerson Hunger Fellowship shall be
known as an `Emerson Fellow'.
``(ii) Leland fellow.--An individual awarded a
fellowship from the Mickey Leland Hunger Fellowship shall
be known as a `Leland Fellow'.
``(6) Evaluations and audits.--Under terms stipulated in the
contract entered into under subsection (c)(3), the Director shall--
``(A) conduct periodic evaluations of the Fellowship
Programs; and
``(B) arrange for annual independent financial audits of
expenditures under the Fellowship Programs.
``(e) Authority.--
``(1) In general.--Subject to paragraph (2), in carrying out
this section, the Director may solicit, accept, use, and dispose of
gifts, bequests, or devises of services or property, both real and
personal, for the purpose of facilitating the work of the
Fellowship Programs.
``(2) Limitation.--Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests,
or devises shall be used exclusively for the purposes of the
Fellowship Programs.
``(f) Report.--The Director shall annually submit to the Secretary
of Agriculture, the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that--
``(1) describes the activities and expenditures of the
Fellowship Programs during the preceding fiscal year, including
expenditures made from funds made available under subsection (g);
and
``(2) includes the results of evaluations and audits required
by subsection (d).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section, to remain available until expended.''.
SEC. 4402. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
Section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034) is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Definitions.--In this section:
``(1) Community food project.--In this section, the term
`community food project' means a community-based project that--
``(A) requires a 1-time contribution of Federal assistance
to become self-sustaining; and
``(B) is designed--
``(i)(I) to meet the food needs of low-income
individuals;
``(II) to increase the self-reliance of communities in
providing for the food needs of the communities; and
``(III) to promote comprehensive responses to local
food, farm, and nutrition issues; or
``(ii) to meet specific State, local, or neighborhood
food and agricultural needs, including needs relating to--
``(I) infrastructure improvement and development;
``(II) planning for long-term solutions; or
``(III) the creation of innovative marketing
activities that mutually benefit agricultural producers
and low-income consumers.
``(2) Center.--The term `Center' means the healthy urban food
enterprise development center established under subsection (h).
``(3) Underserved community.--The term `underserved community'
means a community (including an urban or rural community or an
Indian tribe) that, as determined by the Secretary, has--
``(A) limited access to affordable, healthy foods,
including fresh fruits and vegetables;
``(B) a high incidence of a diet-related disease (including
obesity) as compared to the national average;
``(C) a high rate of hunger or food insecurity; or
``(D) severe or persistent poverty.'';
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following:
``(h) Healthy Urban Food Enterprise Development Center.--
``(1) Definition of eligible entity.--In this subsection, the
term `eligible entity' means--
``(A) a nonprofit organization;
``(B) a cooperative;
``(C) a commercial entity;
``(D) an agricultural producer;
``(E) an academic institution;
``(F) an individual; and
``(G) such other entities as the Secretary may designate.
``(2) Establishment.--The Secretary shall offer to provide a
grant to a nonprofit organization to establish and support a
healthy urban food enterprise development center to carry out the
purpose described in paragraph (3).
``(3) Purpose.--The purpose of the Center is to increase access
to healthy affordable foods, including locally produced
agricultural products, to underserved communities.
``(4) Activities.--
``(A) Technical assistance and information.--The Center
shall collect, develop, and provide technical assistance and
information to small and medium-sized agricultural producers,
food wholesalers and retailers, schools, and other individuals
and entities regarding best practices and the availability of
assistance for aggregating, storing, processing, and marketing
locally produced agricultural products and increasing the
availability of such products in underserved communities.
``(B) Authority to subgrant.--The Center may provide
subgrants to eligible entities--
``(i) to carry out feasibility studies to establish
businesses for the purpose described in paragraph (3); and
``(ii) to establish and otherwise assist enterprises
that process, distribute, aggregate, store, and market
healthy affordable foods.
``(5) Priority.--In providing technical assistance and grants
under paragraph (4), the Center shall give priority to applications
that include projects--
``(A) to benefit underserved communities; and
``(B) to develop market opportunities for small and mid-
sized farm and ranch operations.
``(6) Report.--For each fiscal year for which the nonprofit
organization described in paragraph (2) receives funds, the
organization shall submit to the Secretary a report describing the
activities carried out in the preceding fiscal year, including--
``(A) a description of technical assistance provided by the
Center;
``(B) the total number and a description of the subgrants
provided under paragraph (4)(B);
``(C) a complete listing of cases in which the activities
of the Center have resulted in increased access to healthy,
affordable foods, such as fresh fruit and vegetables,
particularly for school-aged children and individuals in low-
income communities; and
``(D) a determination of whether the activities identified
in subparagraph (C) are sustained during the years following
the initial provision of technical assistance and subgrants
under this section.
``(7) Competitive award process.--The Secretary shall use a
competitive process to award funds to establish the Center.
``(8) Limitation on administrative expenses.--Not more than 10
percent of the total amount allocated for this subsection in a
given fiscal year may be used for administrative expenses.
``(9) Funding.--
``(A) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out this subsection
$1,000,000 for each of fiscal years 2009 through 2011.
``(B) Additional funding.--There is authorized to be
appropriated $2,000,000 to carry out this subsection for fiscal
year 2012.''.
SEC. 4403. JOINT NUTRITION MONITORING AND RELATED RESEARCH ACTIVITIES.
The Secretary and the Secretary of Health and Human Services shall
continue to provide jointly for national nutrition monitoring and
related research activities carried out as of the date of enactment of
this Act--
(1) to collect continuous dietary, health, physical activity,
and diet and health knowledge data on a nationally representative
sample;
(2) to periodically collect data on special at-risk
populations, as identified by the Secretaries;
(3) to distribute information on health, nutrition, the
environment, and physical activity to the public in a timely
fashion;
(4) to analyze new data that becomes available;
(5) to continuously update food composition tables; and
(6) to research and develop data collection methods and
standards.
SEC. 4404. SECTION 32 FUNDS FOR PURCHASE OF FRUITS, VEGETABLES, AND
NUTS TO SUPPORT DOMESTIC NUTRITION ASSISTANCE PROGRAMS.
(a) Funding for Additional Purchases of Fruits, Vegetables, and
Nuts.--In addition to the purchases of fruits, vegetables, and nuts
required by section 10603 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 612c-4), the Secretary of Agriculture shall purchase
fruits, vegetables, and nuts for the purpose of providing nutritious
foods for use in domestic nutrition assistance programs, using, of the
funds made available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), the following amounts:
(1) $190,000,000 for fiscal year 2008.
(2) $193,000,000 for fiscal year 2009.
(3) $199,000,000 for fiscal year 2010.
(4) $203,000,000 for fiscal year 2011.
(5) $206,000,000 for fiscal year 2012 and each fiscal year
thereafter.
(b) Form of Purchases.--Fruits, vegetables, and nuts may be
purchased under this section in the form of frozen, canned, dried, or
fresh fruits, vegetables, and nuts.
(c) Purchase of Fresh Fruits and Vegetables for Distribution to
Schools and Service Institutions.--Section 10603 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 612c-4) is amended by
striking subsection (b) and inserting the following:
``(b) Purchase of Fresh Fruits and Vegetables for Distribution to
Schools and Service Institutions.--The Secretary of Agriculture shall
purchase fresh fruits and vegetables for distribution to schools and
service institutions in accordance with section 6(a) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1755(a)) using, of the
amount specified in subsection (a), not less than $50,000,000 for each
of fiscal years 2008 through 2012.''.
SEC. 4405. HUNGER-FREE COMMUNITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
public food program service provider or nonprofit organization,
including an emergency feeding organization, that has collaborated,
or will collaborate, with 1 or more local partner organizations to
achieve at least 1 hunger-free communities goal.
(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) 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-Free Communities Collaborative Grants.--
(1) Program.--
(A) In general.--The Secretary shall use not more than 50
percent of any funds made available under subsection (e) to
make grants to eligible entities to pay the Federal share of
the costs of an activity described in paragraph (2).
(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 fairly evaluated in-kind contributions, 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.
(2) Use of funds.--An eligible entity in a community shall use
a grant received under this subsection for any fiscal year for
hunger relief activities, including--
(A) meeting the immediate needs of people who experience
hunger in the community served by the eligible entity by--
(i) distributing food;
(ii) providing community outreach to assist in
participation in federally assisted nutrition programs,
including--
(I) the school breakfast program established by
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773);
(II) the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.);
(III) the summer food service program for children
established under section 13 of that Act; and
(IV) other Federal programs that provide food for
children in child care facilities and homeless and
older individuals; or
(iii) improving access to food as part of a
comprehensive service; and
(B) developing new resources and strategies to help reduce
hunger in the community and prevent hunger in the future by--
(i) developing creative food resources, such as
community gardens, buying clubs, food cooperatives,
community-owned and operated grocery stores, and farmers'
markets;
(ii) coordinating food services with park and
recreation programs and other community-based outlets to
reduce barriers to access; or
(iii) creating nutrition education programs for at-risk
populations to enhance food-purchasing and food-preparation
skills and to heighten awareness of the connection between
diet and health.
(c) Hunger-Free Communities Infrastructure Grants.--
(1) Program authorized.--
(A) In general.--The Secretary shall use not more than 50
percent of any funds made available for a fiscal year under
subsection (e) to make grants to eligible entities to pay the
Federal share of the costs of an activity described in
paragraph (2).
(B) Federal share.--The Federal share of the cost of
carrying out an activity under this subsection shall not exceed
80 percent.
(2) Application.--
(A) In general.--To receive a grant under this subsection,
an eligible entity shall submit an application at such time, in
such form, and containing such information as the Secretary may
prescribe.
(B) Contents.--Each application submitted under
subparagraph (A) shall--
(i) identify any activity described in paragraph (3)
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 that
demonstrate 2 or more of the following:
(i) The eligible entity serves a community in which the
rates of food insecurity, hunger, poverty, or unemployment
are demonstrably higher than national average rates.
(ii) The eligible entity serves a community that has
successfully carried out long-term efforts to reduce hunger
in the community.
(iii) The eligible entity serves a community that
provides public support for the efforts of the eligible
entity.
(iv) The eligible entity is committed to achieving more
than 1 hunger-free communities goal.
(3) Use of funds.--An eligible entity shall use a grant
received under this subsection to construct, expand, or repair a
facility or equipment to support hunger relief efforts in the
community.
(d) Report.--If funds are made available under subsection (e) to
carry out this section, not later than September 30, 2012, the
Secretary shall submit to Congress a report that describes--
(1) each grant made under this section, including--
(A) a description of any activity funded; and
(B) the degree of success of each activity funded in
achieving hunger free-communities goals; and
(2) the degree of success of all activities funded under this
section in achieving domestic hunger goals.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2008 through 2012.
SEC. 4406. REAUTHORIZATION OF FEDERAL FOOD ASSISTANCE PROGRAMS.
(a) Supplemental Nutrition Assistance Program.--
(1) Authorization of appropriations.--Section 18(a)(1) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2027(a)(1)) is amended in
the first sentence by striking ``for each of the fiscal years 2003
through 2007'' and inserting ``for each of fiscal years 2008
through 2012''.
(2) Grants for simple application and eligibility determination
systems and improved access to benefits.--Section 11(t)(1) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2020(t)(1)) is amended by
striking ``For each of fiscal years 2003 through 2007'' and
inserting ``Subject to the availability of appropriations under
section 18(a), for each fiscal year''.
(3) Funding of employment and training programs.--Section
16(h)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(h)(1)) is amended--
(A) in subparagraph (A), by striking ``the amount of--''
and all that follows through the end of the subparagraph and
inserting ``, $90,000,000 for each fiscal year.''; and
(B) in subparagraph (E)(i), by striking ``for each of
fiscal years 2002 through 2007'' and inserting ``for each
fiscal year''.
(4) Reductions in payments for administrative costs.--Section
16(k)(3) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(k)(3)) is amended--
(A) in the first sentence of subparagraph (A), by striking
``effective for each of fiscal years 1999 through 2007,''; and
(B) in subparagraph (B)(ii), by striking ``through fiscal
year 2007''.
(5) Cash payment pilot projects.--Section 17(b)(1)(B)(vi) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)(vi)) is
amended--
(A) by striking ``Any pilot'' and inserting ``Subject to
the availability of appropriations under section 18(a), any
pilot''; and
(B) by striking ``through October 1, 2007,''.
(6) Consolidated block grants for puerto rico and american
samoa.--Section 19(a)(2)(A)(ii) of the Food and Nutrition Act of
2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is amended by striking ``for each
of fiscal years 2004 through 2007'' and inserting ``subject to the
availability of appropriations under section 18(a), for each fiscal
year thereafter''.
(7) Assistance for community food projects.--Section 25 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2034) is amended--
(A) in subsection (b)(2)(B), by striking ``for each of
fiscal years 1997 through 2007'' and inserting ``for fiscal
year 2008 and each fiscal year thereafter''; and
(B) in subsection (i)(4) (as redesignated by section 4402),
by striking ``of fiscal years 2003 through 2007'' and inserting
``fiscal year thereafter''.
(b) Commodity Distribution.--
(1) Emergency food assistance.--Section 204(a)(1) of the
Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)) is
amended in the first sentence by striking ``for each of the fiscal
years 2003 through 2007'' and inserting ``for fiscal year 2008 and
each fiscal year thereafter''.
(2) Commodity distribution program.--Section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note; Public Law 93-86) is amended in the first sentence by
striking ``years 1991 through 2007'' and inserting ``years 2008
through 2012''.
(3) Commodity supplemental food program.--Section 5 of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note; Public Law 93-86) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``each of fiscal
years 2003 through 2007'' and inserting ``each of fiscal
years 2008 through 2012''; and
(ii) in paragraph (2)(B), by striking the subparagraph
designation and heading and all that follows through
``2007'' and inserting the following:
``(B) Subsequent fiscal years.--For each of fiscal years
2004 through 2012''; and
(B) in subsection (d)(2), by striking ``each of the fiscal
years 1991 through 2007'' and inserting ``each of fiscal years
2008 through 2012''.
(4) Distribution of surplus commodities to special nutrition
projects.--Section 1114(a)(2)(A) of the Agriculture and Food Act of
1981 (7 U.S.C. 1431e(2)(A)) is amended in the first sentence by
striking ``Effective through September 30, 2007'' and inserting
``For each of fiscal years 2008 through 2012''.
(c) Farm Security and Rural Investment.--
(1) Seniors farmers' market nutrition program.--Section 4402 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007)
is amended by striking by striking subsection (a) and inserting the
following:
``(a) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary of Agriculture shall use to carry out and expand the
seniors farmers' market nutrition program $20,600,000 for each of
fiscal years 2008 through 2012.''.
(2) Nutrition information and awareness pilot program.--Section
4403(f) of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 3171 note; Public Law 107-171) is amended by striking
``2007'' and inserting ``2012''.
SEC. 4407. EFFECTIVE AND IMPLEMENTATION DATES.
Except as otherwise provided in this title, this title and the
amendments made by this title take effect on October 1, 2008.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 5001. DIRECT LOANS.
Section 302 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1922) is amended--
(1) by striking the section designation and heading and all
that follows through ``(a) The Secretary is authorized to'' and
inserting the following:
``SEC. 302. PERSONS ELIGIBLE FOR REAL ESTATE LOANS.
``(a) In General.--The Secretary may''; and
(2) in subsection (a)(2), by inserting ``, taking into
consideration all farming experience of the applicant, without
regard to any lapse between farming experiences'' after ``farming
operations''.
SEC. 5002. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
Section 304 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1924) is amended to read as follows:
``SEC. 304. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
``(a) In General.--The Secretary may make or guarantee qualified
conservation loans to eligible borrowers under this section.
``(b) Definitions.--In this section:
``(1) Qualified conservation loan.--The term `qualified
conservation loan' means a loan, the proceeds of which are used to
cover the costs to the borrower of carrying out a qualified
conservation project.
``(2) Qualified conservation project.--The term `qualified
conservation project' means conservation measures that address
provisions of a conservation plan of the eligible borrower.
``(3) Conservation plan.--The term `conservation plan' means a
plan, approved by the Secretary, that, for a farming or ranching
operation, identifies the conservation activities that will be
addressed with loan funds provided under this section, including--
``(A) the installation of conservation structures to
address soil, water, and related resources;
``(B) the establishment of forest cover for sustained yield
timber management, erosion control, or shelter belt purposes;
``(C) the installation of water conservation measures;
``(D) the installation of waste management systems;
``(E) the establishment or improvement of permanent
pasture;
``(F) compliance with section 1212 of the Food Security Act
of 1985; and
``(G) other purposes consistent with the plan, including
the adoption of any other emerging or existing conservation
practices, techniques, or technologies approved by the
Secretary.
``(c) Eligibility.--
``(1) In general.--The Secretary may make or guarantee loans to
farmers or ranchers in the United States, farm cooperatives,
private domestic corporations, partnerships, joint operations,
trusts, or limited liability companies that are controlled by
farmers or ranchers and engaged primarily and directly in
agricultural production in the United States.
``(2) Requirements.--To be eligible for a loan under this
section, applicants shall meet the requirements in paragraphs (1)
and (2) of section 302(a).
``(d) Priority.--In making or guaranteeing loans under this
section, the Secretary shall give priority to--
``(1) qualified beginning farmers or ranchers and socially
disadvantaged farmers or ranchers;
``(2) owners or tenants who use the loans to convert to
sustainable or organic agricultural production systems; and
``(3) producers who use the loans to build conservation
structures or establish conservation practices to comply with
section 1212 of the Food Security Act of 1985.
``(e) Limitations Applicable to Loan Guarantees.--The portion of a
loan that the Secretary may guarantee under this section shall be 75
percent of the principal amount of the loan.
``(f) Administrative Provisions.--The Secretary shall ensure, to
the maximum extent practicable, that loans made or guaranteed under
this section are distributed across diverse geographic regions.
``(g) Credit Eligibility.--The provisions of paragraphs (1) and (3)
of section 333 shall not apply to loans made or guaranteed under this
section.
``(h) Authorization of Appropriations.--For each of fiscal years
2008 through 2012, there are authorized to be appropriated to the
Secretary such funds as are necessary to carry out this section.''.
SEC. 5003. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
Section 305(a)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1925(a)(2)) is amended by striking ``$200,000'' and
inserting ``$300,000''.
SEC. 5004. DOWN PAYMENT LOAN PROGRAM.
Section 310E of the Consolidated Farm and Rural Development Act (7
U.S.C. 1935) is amended--
(1) in subsection (a)(1), by striking ``and ranchers'' and
inserting ``or ranchers and socially disadvantaged farmers or
ranchers'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the following;
``(1) Principal.--Each loan made under this section shall be in
an amount that does not exceed 45 percent of the least of--
``(A) the purchase price of the farm or ranch to be
acquired;
``(B) the appraised value of the farm or ranch to be
acquired; or
``(C) $500,000.
``(2) Interest rate.--The interest rate on any loan made by the
Secretary under this section shall be a rate equal to the greater
of--
``(A) the difference obtained by subtracting 4 percent from
the interest rate for farm ownership loans under this subtitle;
or
``(B) 1.5 percent.''; and
(B) in paragraph (3), by striking ``15'' and inserting
``20'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``10'' and inserting
``5'';
(B) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(C) in paragraph (2)(B) (as so redesignated), by striking
``15-year'' and inserting ``20-year'';
(4) in subsection (d)--
(A) in paragraph (3)--
(i) by inserting ``and socially disadvantaged farmers
or ranchers'' after ``ranchers''; and
(ii) by striking ``and'' at the end;
(B) in paragraph (4), by striking ``and ranchers.'' and
inserting `` or ranchers or socially disadvantaged farmers or
ranchers; and''; and
(C) by adding at the end the following:
``(5) establish annual performance goals to promote the use of
the down payment loan program and other joint financing
arrangements as the preferred choice for direct real estate loans
made by any lender to a qualified beginning farmer or rancher or
socially disadvantaged farmer or rancher.''; and
(5) by adding at the end the following:
``(e) Socially Disadvantaged Farmer or Rancher Defined.--In this
section, the term `socially disadvantaged farmer or rancher' has the
meaning given that term in section 355(e)(2).''.
SEC. 5005. BEGINNING FARMER OR RANCHER AND SOCIALLY DISADVANTAGED
FARMER OR RANCHER CONTRACT LAND SALES PROGRAM.
Section 310F of the Consolidated Farm and Rural Development Act (7
U.S.C. 1936) is amended to read as follows:
``SEC. 310F. BEGINNING FARMER OR RANCHER AND SOCIALLY DISADVANTAGED
FARMER OR RANCHER CONTRACT LAND SALES PROGRAM.
``(a) In General.--The Secretary shall, in accordance with this
section, guarantee a loan made by a private seller of a farm or ranch
to a qualified beginning farmer or rancher or socially disadvantaged
farmer or rancher (as defined in section 355(e)(2)) on a contract land
sales basis.
``(b) Eligibility.--In order to be eligible for a loan guarantee
under subsection (a)--
``(1) the qualified beginning farmer or rancher or socially
disadvantaged farmer or rancher shall--
``(A) on the date the contract land sale that is subject of
the loan is complete, own and operate the farm or ranch that is
the subject of the contract land sale;
``(B) have a credit history that--
``(i) includes a record of satisfactory debt repayment,
as determined by the Secretary; and
``(ii) is acceptable to the Secretary; and
``(C) demonstrate to the Secretary that the farmer or
rancher, as the case may be, is unable to obtain sufficient
credit without a guarantee to finance any actual need of the
farmer or rancher, as the case may be, at a reasonable rate or
term; and
``(2) the loan shall meet applicable underwriting criteria, as
determined by the Secretary.
``(c) Limitations.--
``(1) Down payment.--The Secretary shall not provide a loan
guarantee under subsection (a) if the contribution of the qualified
beginning farmer or rancher or socially disadvantaged farmer or
rancher to the down payment for the farm or ranch that is the
subject of the contract land sale would be less than 5 percent of
the purchase price of the farm or ranch.
``(2) Maximum purchase price.--The Secretary shall not provide
a loan guarantee under subsection (a) if the purchase price or the
appraisal value of the farm or ranch that is the subject of the
contract land sale is greater than $500,000.
``(d) Period of Guarantee.--The period during which a loan
guarantee under this section is in effect shall be the 10-year period
beginning with the date the guarantee is provided.
``(e) Guarantee Plan.--
``(1) Selection of plan.--A private seller of a farm or ranch
who makes a loan that is guaranteed by the Secretary under
subsection (a) may select--
``(A) a prompt payment guarantee plan, which shall cover--
``(i) 3 amortized annual installments; or
``(ii) an amount equal to 3 annual installments
(including an amount equal to the total cost of any tax and
insurance incurred during the period covered by the annual
installments); or
``(B) a standard guarantee plan, which shall cover an
amount equal to 90 percent of the outstanding principal of the
loan.
``(2) Eligiblity for standard guarantee plan.--In order for a
private seller to be eligible for a standard guarantee plan
referred to in paragraph (1)(B), the private seller shall--
``(A) secure a commercial lending institution or similar
entity, as determined by the Secretary, to serve as an escrow
agent; or
``(B) in cooperation with the farmer or rancher, use an
appropriate alternate arrangement, as determined by the
Secretary.
``(f) Transition From Pilot Program.--
``(1) In general.--The Secretary may phase-in the
implementation of the changes to the Beginning Farmer and Rancher
and Socially Disadvantaged Farmer or Rancher Contract Land Sales
Program provided for in this section.
``(2) Limitation.--All changes to the Beginning Farmer and
Rancher and Socially Disadvantaged Farmer or Rancher Contract Land
Sales Program must be implemented for the 2011 Fiscal Year.''.
Subtitle B--Operating Loans
SEC. 5101. FARMING EXPERIENCE AS ELIGIBILITY REQUIREMENT.
Section 311 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1941) is amended--
(1) by striking the section designation and all that follows
through ``(a) The Secretary is authorized to'' and inserting the
following:
``SEC. 311. PERSONS ELIGIBLE FOR LOANS.
``(a) In General.--The Secretary may'';
(2) in subsection (a)(2), by inserting ``, taking into
consideration all farming experience of the applicant, without
regard to any lapse between farming experiences'' after ``farming
operations''.
SEC. 5102. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
Section 313(a)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1943(a)(1)) is amended by striking ``$200,000'' and
inserting ``$300,000''.
SEC. 5103. SUSPENSION OF LIMITATION ON PERIOD FOR WHICH BORROWERS ARE
ELIGIBLE FOR GUARANTEED ASSISTANCE.
Section 5102 of the Farm Security And Rural Investment Act of 2002
(7 U.S.C. 1949 note; Public Law 107-171) is amended by striking
``September 30, 2007'' and inserting ``December 31, 2010''.
Subtitle C--Emergency Loans
SEC. 5201. ELIGIBILITY OF EQUINE FARMERS AND RANCHERS FOR EMERGENCY
LOANS.
Section 321(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1961(a)) is amended--
(1) in paragraph (1), by striking ``farmers, ranchers'' and
inserting ``farmers or ranchers (including equine farmers or
ranchers)''; and
(2) in paragraph (2)(A), by striking ``farming, ranching,'' and
inserting ``farming or ranching (including equine farming or
ranching)''.
Subtitle D--Administrative Provisions
SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT ACCOUNTS
PILOT PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981-2008r) is amended by inserting after section 333A the
following:
``SEC. 333B. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT
ACCOUNTS PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Demonstration program.--The term `demonstration program'
means a demonstration program carried out by a qualified entity
under the pilot program established in subsection (b)(1).
``(2) Eligible participant.--The term `eligible participant'
means a qualified beginning farmer or rancher that--
``(A) lacks significant financial resources or assets; and
``(B) has an income that is less than--
``(i) 80 percent of the median income of the State in
which the farmer or rancher resides; or
``(ii) 200 percent of the most recent annual Federal
Poverty Income Guidelines published by the Department of
Health and Human Services for the State.
``(3) Individual development account.--The term `individual
development account' means a savings account described in
subsection (b)(4)(A).
``(4) Qualified entity.--
``(A) In general.--The term `qualified entity' means--
``(i) 1 or more organizations--
``(I) described in section 501(c)(3) of the
Internal Revenue Code of 1986; and
``(II) exempt from taxation under section 501(a) of
such Code; or
``(ii) a State, local, or tribal government submitting
an application jointly with an organization described in
clause (i).
``(B) No prohibition on collaboration.--An organization
described in subparagraph (A)(i) may collaborate with a
financial institution or for-profit community development
corporation to carry out the purposes of this section.
``(b) Pilot Program.--
``(1) In general.--The Secretary shall establish a pilot
program to be known as the `New Farmer Individual Development
Accounts Pilot Program' under which the Secretary shall work
through qualified entities to establish demonstration programs--
``(A) of at least 5 years in duration; and
``(B) in at least 15 States.
``(2) Coordination.--The Secretary shall operate the pilot
program through, and in coordination with the farm loan programs
of, the Farm Service Agency.
``(3) Reserve funds.--
``(A) In general.--A qualified entity carrying out a
demonstration program under this section shall establish a
reserve fund consisting of a non-Federal match of 50 percent of
the total amount of the grant awarded to the demonstration
program under this section.
``(B) Federal funds.--After the qualified entity has
deposited the non-Federal matching funds described in
subparagraph (A) in the reserve fund, the Secretary shall
provide the total amount of the grant awarded under this
section to the demonstration program for deposit in the reserve
fund.
``(C) Use of funds.--Of the funds deposited under
subparagraph (B) in the reserve fund established for a
demonstration program, the qualified entity carrying out the
demonstration program--
``(i) may use up to 10 percent for administrative
expenses; and
``(ii) shall use the remainder in making matching
awards described in paragraph (4)(B)(ii)(I).
``(D) Interest.--Any interest earned on amounts in a
reserve fund established under subparagraph (A) may be used by
the qualified entity as additional matching funds for, or to
administer, the demonstration program.
``(E) Guidance.--The Secretary shall issue guidance
regarding the investment requirements of reserve funds
established under this paragraph.
``(F) Reversion.--On the date on which all funds remaining
in any individual development account established by a
qualified entity have reverted under paragraph (5)(B)(ii) to
the reserve fund established by the qualified entity, there
shall revert to the Treasury of the United States a percentage
of the amount (if any) in the reserve fund equal to--
``(i) the amount of Federal funds deposited in the
reserve fund under subparagraph (B) that were not used for
administrative expenses; divided by
``(ii) the total amount of funds deposited in the
reserve fund.
``(4) Individual development accounts.--
``(A) In general.--A qualified entity receiving a grant
under this section shall establish and administer individual
development accounts for eligible participants.
``(B) Contract requirements.--To be eligible to receive
funds under this section from a qualified entity, an eligible
participant shall enter into a contract with only 1 qualified
entity under which--
``(i) the eligible participant agrees--
``(I) to deposit a certain amount of funds of the
eligible participant in a personal savings account, as
prescribed by the contractual agreement between the
eligible participant and the qualified entity;
``(II) to use the funds described in subclause (I)
only for 1 or more eligible expenditures described in
paragraph (5)(A); and
``(III) to complete financial training; and
``(ii) the qualified entity agrees--
``(I) to deposit, not later than 1 month after an
amount is deposited pursuant to clause (i)(I), at least
a 100-percent, and up to a 200-percent, match of that
amount into the individual development account
established for the eligible participant; and
``(II) with uses of funds proposed by the eligible
participant.
``(C) Limitation.--
``(i) In general.--A qualified entity administering a
demonstration program under this section may provide not
more than $6,000 for each fiscal year in matching funds to
the individual development account established by the
qualified entity for an eligible participant.
``(ii) Treatment of amount.--An amount provided under
clause (i) shall not be considered to be a gift or loan for
mortgage purposes.
``(5) Eligible expenditures.--
``(A) In general.--An eligible expenditure described in
this subparagraph is an expenditure--
``(i) to purchase farmland or make a down payment on an
accepted purchase offer for farmland;
``(ii) to make mortgage payments on farmland purchased
pursuant to clause (i), for up to 180 days after the date
of the purchase;
``(iii) to purchase breeding stock, fruit or nut trees,
or trees to harvest for timber; and
``(iv) for other similar expenditures, as determined by
the Secretary.
``(B) Timing.--
``(i) In general.--An eligible participant may make an
eligible expenditure at any time during the 2-year period
beginning on the date on which the last matching funds are
provided under paragraph (4)(B)(ii)(I) to the individual
development account established for the eligible
participant.
``(ii) Unexpended funds.--At the end of the period
described in clause (i), any funds remaining in an
individual development account established for an eligible
participant shall revert to the reserve fund of the
demonstration program under which the account was
established.
``(c) Applications.--
``(1) In general.--A qualified entity that seeks to carry out a
demonstration program under this section may submit to the
Secretary an application at such time, in such form, and containing
such information as the Secretary may prescribe.
``(2) Criteria.--In considering whether to approve an
application to carry out a demonstration program under this
section, the Secretary shall assess--
``(A) the degree to which the demonstration program
described in the application is likely to aid eligible
participants in successfully pursuing new farming
opportunities;
``(B) the experience and ability of the qualified entity to
responsibly administer the demonstration program;
``(C) the experience and ability of the qualified entity in
recruiting, educating, and assisting eligible participants to
increase economic independence and pursue or advance farming
opportunities;
``(D) the aggregate amount of direct funds from non-Federal
public sector and private sources that are formally committed
to the demonstration program as matching contributions;
``(E) the adequacy of the plan of the qualified entity to
provide information relevant to an evaluation of the
demonstration program; and
``(F) such other factors as the Secretary considers to be
appropriate.
``(3) Preferences.--In considering an application to conduct a
demonstration program under this section, the Secretary shall give
preference to an application from a qualified entity that
demonstrates--
``(A) a track record of serving clients targeted by the
program, including, as appropriate, socially disadvantaged
farmers or ranchers (as defined in section 355(e)(2)); and
``(B) expertise in dealing with financial management
aspects of farming.
``(4) Approval.--Not later than 1 year after the date of
enactment of this section, in accordance with this section, the
Secretary shall, on a competitive basis, approve such applications
to conduct demonstration programs as the Secretary considers
appropriate.
``(5) Term of authority.--If the Secretary approves an
application to carry out a demonstration program, the Secretary
shall authorize the applicant to carry out the project for a period
of 5 years, plus an additional 2 years to make eligible
expenditures in accordance with subsection (b)(5)(B).
``(d) Grant Authority.--
``(1) In general.--The Secretary shall make a grant to a
qualified entity authorized to carry out a demonstration program
under this section.
``(2) Maximum amount of grants.--The aggregate amount of grant
funds provided to a demonstration program carried out under this
section shall not exceed $250,000.
``(3) Timing of grant payments.--The Secretary shall pay the
amounts awarded under a grant made under this section--
``(A) on the awarding of the grant; or
``(B) pursuant to such payment plan as the qualified entity
may specify.
``(e) Reports.--
``(1) Annual progress reports.--
``(A) In general.--Not later than 60 days after the end of
the calendar year in which the Secretary authorizes a qualified
entity to carry out a demonstration program under this section,
and annually thereafter until the conclusion of the
demonstration program, the qualified entity shall prepare an
annual report that includes, for the period covered by the
report--
``(i) an evaluation of the progress of the
demonstration program;
``(ii) information about the demonstration program,
including the eligible participants and the individual
development accounts that have been established; and
``(iii) such other information as the Secretary may
require.
``(B) Submission of reports.--A qualified entity shall
submit each report required under subparagraph (A) to the
Secretary.
``(2) Reports by the secretary.--Not later than 1 year after
the date on which all demonstration programs under this section are
concluded, the Secretary shall submit to Congress a final report
that describes the results and findings of all reports and
evaluations carried out under this section.
``(f) Annual Review.--The Secretary may conduct an annual review of
the financial records of a qualified entity--
``(1) to assess the financial soundness of the qualified
entity; and
``(2) to determine the use of grant funds made available to the
qualified entity under this section.
``(g) Regulations.--In carrying out this section, the Secretary may
promulgate regulations to ensure that the program includes provisions
for--
``(1) the termination of demonstration programs;
``(2) control of the reserve funds in the case of such a
termination;
``(3) transfer of demonstration programs to other qualified
entities; and
``(4) remissions from a reserve fund to the Secretary in a case
in which a demonstration program is terminated without transfer to
a new qualified entity.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2008 through 2012.''.
SEC. 5302. INVENTORY SALES PREFERENCES; LOAN FUND SET-ASIDES.
(a) Inventory Sales Preferences.--Section 335(c) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1985(c)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) in the subparagraph heading, by inserting ``;
socially disadvantaged farmer or rancher'' after ``or
rancher'';
(ii) in clause (i), by inserting `` or a socially
disadvantaged farmer or rancher'' after ``or rancher'';
(iii) in clause (ii), by inserting ``or socially
disadvantaged farmer or rancher'' after ``or rancher'';
(iv) in clause (iii), by inserting ``or a socially
disadvantaged farmer or rancher'' after ``or rancher''; and
(v) in clause (iv), by striking ``and ranchers'' and
inserting ``or ranchers and socially disadvantaged farmers
or ranchers''; and
(B) in subparagraph (C), by inserting ``or a socially
disadvantaged farmer or rancher'' after ``or rancher'';
(2) in paragraph (5)(B)--
(A) in clause (i)--
(i) in the clause heading, by inserting ``; socially
disadvantaged farmer or rancher'' after ``or rancher'';
(ii) by inserting ``or a socially disadvantaged farmer
or rancher'' after ``a beginning farmer or rancher''; and
(iii) by inserting ``or the socially disadvantaged
farmer or rancher'' after ``the beginning farmer or
rancher''; and
(B) in clause (ii)--
(i) in the matter preceding subclause (I), by inserting
``or a socially disadvantaged farmer or rancher'' after
``or rancher''; and
(ii) in subclause (II), by inserting ``or the socially
disadvantaged farmer or rancher'' after ``or rancher''; and
(3) in paragraph (6)--
(A) in subparagraph (A), by inserting ``or a socially
disadvantaged farmer or rancher'' after ``or rancher''; and
(B) in subparagraph (C)--
(i) in clause (i)(I), by striking ``and ranchers'' and
inserting ``or ranchers and socially disadvantaged farmers
or ranchers''; and
(ii) in clause (ii), by inserting ``or socially
disadvantaged farmers or ranchers'' after ``or ranchers''.
(b) Loan Fund Set-Asides.--Section 346(b)(2) of such Act (7 U.S.C.
1994(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) in subclause (I), by striking ``70 percent'' and
inserting ``an amount that is not less than 75 percent of
the total amount''; and
(ii) in subclause (II)--
(I) in the subclause heading, by inserting ``;
joint financing arrangements'' after ``payment loans'';
(II) by striking ``60 percent'' and inserting ``an
amount not less than \2/3\ of the amount''; and
(III) by inserting ``and joint financing
arrangements under section 307(a)(3)(D)'' after
``section 310E''; and
(B) in clause (ii)(III), by striking ``2003 through 2007,
35 percent'' and inserting ``2008 through 2012, an amount that
is not less than 50 percent of the total amount''; and
(2) in subparagraph (B)(i), by striking ``25 percent'' and
inserting ``an amount that is not less than 40 percent of the total
amount''.
SEC. 5303. LOAN AUTHORIZATION LEVELS.
Section 346(b)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1994(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``$3,796,000,000 for each of fiscal years 2003 through 2007'' and
inserting ``$4,226,000,000 for each of fiscal years 2008 through
2012''; and
(2) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``$770,000,000'' and inserting ``$1,200,000,000'';
(B) in clause (i), by striking ``$205,000,000'' and
inserting ``$350,000,000''; and
(C) in clause (ii), by striking ``$565,000,000'' and
inserting ``$850,000,000''.
SEC. 5304. TRANSITION TO PRIVATE COMMERCIAL OR OTHER SOURCES OF CREDIT.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981-2008r) is amended by inserting after section 344 the
following:
``SEC. 345. TRANSITION TO PRIVATE COMMERCIAL OR OTHER SOURCES OF
CREDIT.
``(a) In General.--In making or insuring a farm loan under subtitle
A or B, the Secretary shall establish a plan and promulgate regulations
(including performance criteria) that promote the goal of transitioning
borrowers to private commercial credit and other sources of credit in
the shortest period of time practicable.
``(b) Coordination.--In carrying out this section, the Secretary
shall integrate and coordinate the transition policy described in
subsection (a) with--
``(1) the borrower training program established by section 359;
``(2) the loan assessment process established by section 360;
``(3) the supervised credit requirement established by section
361;
``(4) the market placement program established by section 362;
and
``(5) other appropriate programs and authorities, as determined
by the Secretary.''.
SEC. 5305. EXTENSION OF THE RIGHT OF FIRST REFUSAL TO REACQUIRE
HOMESTEAD PROPERTY TO IMMEDIATE FAMILY MEMBERS OF BORROWER-OWNER.
Section 352(c)(4)(B) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2000(c)(4)(B)) is amended--
(1) in the 1st sentence, by striking ``, the borrower-owner''
inserting ``of a borrower-owner who is a socially disadvantaged
farmer or rancher (as defined in section 355(e)(2)), the borrower-
owner or a member of the immediate family of the borrower-owner'';
and
(2) in the 2nd sentence, by inserting ``or immediate family
member, as the case may be,'' before ``from''.
SEC. 5306. RURAL DEVELOPMENT AND FARM LOAN PROGRAM ACTIVITIES.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981-2008r) is amended by inserting after section 364 the
following:
``SEC. 365. RURAL DEVELOPMENT AND FARM LOAN PROGRAM ACTIVITIES.
``The Secretary may not complete a study of, or enter into a
contract with a private party to carry out, without specific
authorization in a subsequent Act of Congress, a competitive sourcing
activity of the Secretary, including support personnel of the
Department of Agriculture, relating to rural development or farm loan
programs.''.
Subtitle E--Farm Credit
SEC. 5401. FARM CREDIT SYSTEM INSURANCE CORPORATION.
(a) In General.--Section 1.12(b) of the Farm Credit Act of 1971 (12
U.S.C. 2020(b)) is amended--
(1) in the first sentence, by striking ``Each Farm'' and
inserting the following;
``(1) In general.--Each Farm''; and
(2) by striking the second sentence and inserting the
following:
``(2) Computation.--The assessment on any association or other
financing institution described in paragraph (1) for any period
shall be computed in an equitable manner, as determined by the
Corporation.''.
(b) Rules and Regulations.--Section 5.58(10) of such Act (12 U.S.C.
2277a-7(10)) is amended by inserting ``and section 1.12(b)'' after
``part''.
SEC. 5402. TECHNICAL CORRECTION.
Section 3.3(b) of the Farm Credit Act of 1971 (12 U.S.C. 2124(b))
is amended in the first sentence by striking ``per'' and inserting
``par''.
SEC. 5403. BANK FOR COOPERATIVES VOTING STOCK.
(a) In General.--Section 3.3(c) of the Farm Credit Act of 1971 (12
U.S.C. 2124(c)) is amended by striking ``and (ii)'' and inserting
``(ii) other categories of persons and entities described in sections
3.7 and 3.8 eligible to borrow from the bank, as determined by the
bank's board of directors; and (iii)''.
(b) Conforming Amendments.--Section 4.3A(c)(1)(D) of such Act (12
U.S.C. 2154a(c)(1)(D)) is amended by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively, and inserting after
clause (i) the following:
``(ii) persons and entities eligible to borrow from the
banks for cooperatives, as described in section
3.3(c)(ii);''.
SEC. 5404. PREMIUMS.
(a) Amount in Fund Not Exceeding Secure Base Amount.--Section
5.55(a) of the Farm Credit Act of 1971 (12 U.S.C. 2277a-4(a)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``paragraph (2)'' and inserting
``paragraph (3)''; and
(ii) by striking ``annual'' ; and
(B) by striking subparagraphs (A) through (D) and inserting
the following:
``(A) the average outstanding insured obligations issued by
the bank for the calendar year, after deducting from the
obligations the percentages of the guaranteed portions of loans
and investments described in paragraph (2), multiplied by
0.0020; and
``(B) the product obtained by multiplying--
``(i) the sum of--
``(I) the average principal outstanding for the
calendar year on loans made by the bank that are in
nonaccrual status; and
``(II) the average amount outstanding for the
calendar year of other-than-temporarily impaired
investments made by the bank; by
``(ii) 0.0010.'';
(2) by striking paragraph (4);
(3) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively;
(4) by inserting after paragraph (1) the following:
``(2) Deductions from average outstanding insured
obligations.--The average outstanding insured obligations issued by
the bank for the calendar year referred to in paragraph (1)(A)
shall be reduced by deducting from the obligations the sum of (as
determined by the Corporation)--
``(A) 90 percent of each of--
``(i) the average principal outstanding for the
calendar year on the guaranteed portions of Federal
government-guaranteed loans made by the bank that are in
accrual status; and
``(ii) the average amount outstanding for the calendar
year of the guaranteed portions of Federal government-
guaranteed investments made by the bank that are not
permanently impaired; and
``(B) 80 percent of each of--
``(i) the average principal outstanding for the
calendar year on the guaranteed portions of State
government-guaranteed loans made by the bank that are in
accrual status; and
``(ii) the average amount outstanding for the calendar
year of the guaranteed portions of State government-
guaranteed investments made by the bank that are not
permanently impaired.'';
(5) in paragraph (3) (as so redesignated by paragraph (3) of
this subsection), by striking ``annual''; and
(6) in paragraph (4) (as so redesignated by paragraph (3) of
this subsection)--
(A) in the paragraph heading, by inserting ``or
investments'' after ``loans'' ; and
(B) in the matter preceding subparagraph (A), by striking
``As used'' and all that follows through ``guaranteed--'' and
inserting ``In this section, the term `government-guaranteed',
when applied to a loan or an investment, means a loan, credit,
or investment, or portion of a loan, credit, or investment,
that is guaranteed--''.
(b) Amount in Fund Exceeding Secure Base Amount.--Section 5.55(b)
of such Act (12 U.S.C. 2277a-4(b)) is amended by striking ``annual''.
(c) Secure Base Amount.--Section 5.55(c) of such Act (12 U.S.C.
2277a-4(c)) is amended--
(1) by striking ``For purposes'' and inserting the following:
``(1) In general.--For purposes'';
(2) by striking ``(adjusted downward'' and all that follows
through ``by the Corporation)'' and inserting ``(as adjusted under
paragraph (2))''; and
(3) by adding at the end the following:
``(2) Adjustment.--The aggregate outstanding insured
obligations of all insured System banks under paragraph (1) shall
be adjusted downward to exclude an amount equal to the sum of (as
determined by the corporation)--
``(A) 90 percent of each of--
``(i) the guaranteed portions of principal outstanding
on Federal government-guaranteed loans in accrual status
made by the banks; and
``(ii) the guaranteed portions of the amount of Federal
government-guaranteed investments made by the banks that
are not permanently impaired; and
``(B) 80 percent of each of--
``(i) the guaranteed portions of principal outstanding
on State government-guaranteed loans in accrual status made
by the banks; and
``(ii) the guaranteed portions of the amount of State
government-guaranteed investments made by the banks that
are not permanently impaired.''.
(d) Determination of Loan and Investment Amounts.--Section 5.55(d)
of such Act (12 U.S.C. 2277a-4(d)) is amended--
(1) in the subsection heading, by striking ``Principal
Outstanding'' and inserting ``Loan and Investment Amounts'';
(2) in the matter preceding paragraph (1), by striking ``For
the purpose'' and all that follows through ``made--'' and inserting
``For the purpose of subsections (a) and (c), the principal
outstanding on all loans made by an insured System bank, and the
amount outstanding on all investments made by an insured System
bank, shall be determined based on--'';
(3) in each of paragraphs (1), (2), and (3), by inserting ``all
loans or investments made'' before ``by'' the first place it
appears; and
(4) in each of paragraphs (1) and (2), by inserting ``or
investments'' after ``that is able to make such loans'' each place
it appears.
(e) Allocation to System Institutions of Excess Reserves.--Section
5.55(e) of such Act (12 U.S.C. 2277a-4(e)) is amended--
(1) in paragraph (3), by striking ``the average secure base
amount for the calendar year (as calculated on an average daily
balance basis)'' and inserting ``the secure base amount'';
(2) in paragraph (4), by striking subparagraph (B) and
inserting the following:
``(B) there shall be credited to the allocated insurance
reserves account of each insured system bank an amount that
bears the same ratio to the total amount (less any amount
credited under subparagraph (A)) as--
``(i) the average principal outstanding for the
calendar year on insured obligations issued by the bank
(after deducting from the principal the percentages of the
guaranteed portions of loans and investments described in
subsection (a)(2)); bears to
``(ii) the average principal outstanding for the
calendar year on insured obligations issued by all insured
System banks (after deducting from the principal the
percentages of the guaranteed portions of loans and
investments described in subsection (a)(2)).''; and
(3) in paragraph (6)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``beginning more'' and all that follows through ``January
1, 2005'';
(ii) by striking clause (i) and inserting the
following:
``(i) subject to subparagraph (D), pay to each insured
System bank, in a manner determined by the Corporation, an
amount equal to the balance in the Allocated Insurance
Reserves Account of the System bank; and''; and
(iii) in clause (ii)--
(I) by striking ``subparagraphs (C), (E), and (F)''
and inserting ``subparagraphs (C) and (E)''; and
(II) by striking ``, of the lesser of--'' and all
that follows through the end of subclause (II) and
inserting ``at the time of the termination of the
Financial Assistance Corporation, of the balance in the
Allocated Insurance Reserves Account established under
paragraph (1)(B).'';
(B) in subparagraph (C)--
(i) in clause (i), by striking ``(in addition to the
amounts described in subparagraph (F)(ii))''; and
(ii) by striking clause (ii) and inserting the
following:
``(ii) Termination of account.--On disbursement of an
amount equal to $56,000,000, the Corporation shall--
``(I) close the account established under paragraph
(1)(B); and
``(II) transfer any remaining funds in the Account
to the remaining Allocated Insurance Reserves Accounts
in accordance with paragraph (4)(B) for the calendar
year in which the transfer occurs.''; and
(C) by striking subparagraph (F).
SEC. 5405. CERTIFICATION OF PREMIUMS.
(a) Filing Certified Statement.--Section 5.56 of the Farm Credit
Act of 1971 (12 U.S.C. 2277a-5) is amended by striking subsection (a)
and inserting the following:
``(a) Filing Certified Statement.--On a date to be determined in
the sole discretion of the Board of Directors of the Corporation, each
insured System bank that became insured before the beginning of the
period for which premiums are being assessed (referred to in this
section as the `period') shall file with the Corporation a certified
statement showing--
``(1) the average outstanding insured obligations for the
period issued by the bank;
``(2)(A) the average principal outstanding for the period on
the guaranteed portion of Federal government-guaranteed loans that
are in accrual status; and
``(B) the average amount outstanding for the period of Federal
government-guaranteed investments that are not permanently impaired
(as defined in section 5.55(a)(4));
``(3)(A) the average principal outstanding for the period on
State government-guaranteed loans that are in accrual status; and
``(B) the average amount outstanding for the period of State
government-guaranteed investments that are not permanently impaired
(as defined in section 5.55(a)(4));
``(4)(A) the average principal outstanding for the period on
loans that are in nonaccrual status; and
``(B) the average amount outstanding for the period of other-
than-temporarily impaired investments; and
``(5) the amount of the premium due the Corporation from the
bank for the period.''.
(b) Premium Payments.--Section 5.56 of such Act (12 U.S.C. 2277a-5)
is amended by striking subsection (c) and inserting the following:
``(c) Premium Payments.--
``(1) In general.--Except as provided in paragraph (2), each
insured System bank shall pay to the Corporation the premium
payments required under subsection (a), not more frequently than
once in each calendar quarter, in such manner and at such 1 or more
times as the Board of Directors shall prescribe.
``(2) Premium amount.--The amount of the premium shall be
established not later than 60 days after filing the certified
statement specifying the amount of the premium.''.
(c) Subsequent Premium Payments.--Section 5.56 of such Act (12
U.S.C. 2277a-5) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 5406. RURAL UTILITY LOANS.
(a) Definition of Qualified Loan.--Section 8.0(9) of the Farm
Credit Act of 1971 (12 U.S.C. 2279aa(9)) is amended--
(1) in subparagraph (A)(iii), by striking ``or'' at the end;
(2) in subparagraph (B)(ii), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) that is a loan, or an interest in a loan, for an
electric or telephone facility by a cooperative lender to a
borrower that has received, or is eligible to receive, a loan
under the Rural Electrification Act of 1936 (7 U.S.C. 901 et
seq.).''.
(b) Guarantee of Qualified Loans.--Section 8.6(a)(1) of such Act
(12 U.S.C. 2279aa-6(a)(1)) is amended by inserting ``applicable''
before ``standards'' each place it appears in subparagraphs (A) and
(B)(i).
(c) Standards for Qualified Loans.--Section 8.8 of such Act (12
U.S.C. 2279aa-8) is amended--
(1) in subsection (a)--
(A) by striking the first sentence and inserting the
following:
``(1) In general.--The Corporation shall establish
underwriting, security appraisal, and repayment standards for
qualified loans taking into account the nature, risk profile, and
other differences between different categories of qualified loans.
``(2) Supervision, examination, and report of condition.--The
standards shall be subject to the authorities of the Farm Credit
Administration under section 8.11.''; and
(B) in the last sentence, by striking ``In establishing''
and inserting the following:
``(3) Mortgage loans.--In establishing'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``with respect to loans secured by agricultural real estate''
after ``subsection (a)''; and
(B) in paragraph (5)--
(i) by striking ``borrower'' the first place it appears
and inserting ``farmer or rancher''; and
(ii) by striking ``site'' and inserting ``farm or
ranch'';
(3) in subsection (c)(1), by inserting ``secured by
agricultural real estate'' after ``A loan'';
(4) by striking subsection (d); and
(5) by redesignating subsection (e) as subsection (d).
(d) Risk-Based Capital Levels.--Section 8.32(a)(1) of such Act (12
U.S.C. 2279bb-1(a)(1)) is amended--
(1) by striking ``With respect'' and inserting the following:
``(A) In general.--With respect''; and
(2) by adding at the end the following:
``(B) Rural utility loans.--With respect to securities
representing an interest in, or obligation backed by, a pool of
qualified loans described in section 8.0(9)(C) owned or
guaranteed by the Corporation, losses occur at a rate of
default and severity reasonably related to risks in electric
and telephone facility loans (as applicable), as determined by
the Director.''.
SEC. 5407. EQUALIZATION OF LOAN-MAKING POWERS OF CERTAIN DISTRICT
ASSOCIATIONS.
(a) In General.--The Farm Credit Act of 1971 is amended by
inserting after section 7.6 (12 U.S.C. 2279b) the following:
``SEC. 7.7. EQUALIZATION OF LOAN-MAKING POWERS OF CERTAIN DISTRICT
ASSOCIATIONS.
``(a) Equalization of Loan-Making Powers.--
``(1) In general.--
``(A) Federal land bank associations.--Subject to paragraph
(2), any association that owns a Federal land bank association
authorized as of January 1, 2007, to make long-term loans under
title I in its chartered territory within the geographic area
described in subsection (b) may make short- and intermediate-
term loans and otherwise operate as a production credit
association under title II within that same chartered
territory.
``(B) Production credit associations.--Subject to paragraph
(2), any association that under its charter has title I lending
authority and that owns a production credit association
authorized as of January 1, 2007, to make short- and
intermediate-term loans under title II in the geographic area
described in subsection (b) may make long-term loans and
otherwise operate, directly or through a subsidiary
association, as a Federal land bank association or Federal land
credit association under title I in the geographic area.
``(C) Farm credit bank.--Notwithstanding section 5.17(a),
the Farm Credit Bank with which any association had a written
financing agreement as of January 1, 2007, may make loans and
extend other comparable financial assistance with respect to,
and may purchase, any loans made under the new authority
provided under subparagraph (A) or (B) by an association
exercising such authority.
``(2) Required approvals.--An association may exercise the
additional authority provided for in paragraph (1) only after the
exercise of the authority is approved by--
``(A) the board of directors of the association; and
``(B) a majority of the voting stockholders of the
association (or, if the association is a subsidiary of another
association, the voting stockholders of the parent association)
voting, in person or by proxy, at a duly authorized meeting of
stockholders in accordance with the process described in
section 7.11.
``(b) Applicability.--This section applies only to associations the
chartered territory of which was within the geographic area served by
the Federal intermediate credit bank immediately prior to its merger
with a Farm Credit Bank under section 410(e)(1) of the Agricultural
Credit Act of 1987 (12 U.S.C. 2011 note; Public Law 100-233).''.
(b) Charter Amendments.--Section 5.17(a) of the Farm Credit Act of
1971 (12 U.S.C. 2252(a)) is amended by adding at the end the following:
``(15)(A) Approve amendments to the charters of institutions of
the Farm Credit System to implement the equalization of loan-making
powers of a Farm Credit System association under section 7.7.
``(B) Amendments described in subparagraph (A) to the charters
of an association and the related Farm Credit Bank shall be
approved by the Farm Credit Administration, subject to any
conditions of approval imposed, by not later than 30 days after the
date on which the Farm Credit Administration receives all approvals
required by section 7.7(a)(2).''.
(c) Conforming Amendments.--
(1) Section 5.17(a)(2) of the Farm Credit Act of 1971 (12
U.S.C. 2252(a)(2)) is amended--
(A) by striking ``(2)(A)'' and inserting ``(2)''; and
(B) by striking subparagraphs (B) and (C).
(2) Section 410 of the 1987 act.--Section 410(e)(1)(A)(iii) of
the Agricultural Credit Act of 1987 (12 U.S.C. 2011 note; Public
Law 100-233) is amended by inserting ``(except section 7.7 of that
Act)'' after ``(12 U.S.C. 2001 et seq.)''.
(3) Section 401 of the 1992 act.--Section 401(b) of the Farm
Credit Banks and Associations Safety and Soundness Act of 1992 (12
U.S.C. 2011 note; Public Law 102-552) is amended--
(A) by inserting ``(except section 7.7 of the Farm Credit
Act of 1971)'' after ``provision of law''; and
(B) by striking ``, subject to such limitations'' and all
that follows through the end of the paragraph and inserting a
period.
(d) Effective Date.--The amendments made by this section take
effect on January 1, 2010.
Subtitle F--Miscellaneous
SEC. 5501. LOANS TO PURCHASERS OF HIGHLY FRACTIONED LAND.
The first section of Public Law 91-229 (25 U.S.C. 488) is amended--
(1) by striking ``That the Secretary'' and inserting the
following:
``SECTION 1. LOANS TO PURCHASERS OF HIGHLY FRACTIONED LAND.
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Highly Fractionated Land.--
``(1) In general.--Subject to paragraph (2), the Secretary of
Agriculture may make and insure loans in accordance with section
309 of the Consolidated Farm and Rural Development Act (7 U.S.C.
1929) to eligible purchasers of highly fractionated land pursuant
to section 205(c) of the Indian Land Consolidation Act (25 U.S.C.
2204(c)).
``(2) Exclusion.--Section 4 shall not apply to trust land,
restricted tribal land, or tribal corporation land that is
mortgaged in accordance with paragraph (1).''.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Consolidated Farm and Rural Development Act
SEC. 6001. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY GRANTS.
Section 306(a)(2)(B)(vii) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(2)(B)(vii)) is amended by striking
``2002 through 2007'' and inserting ``2008 through 2012''.
SEC. 6002. SEARCH GRANTS.
(a) In General.--Section 306(a)(2) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(2)) is amended by adding at the
end the following:
``(C) Special evaluation assistance for rural communities
and households program.--
``(i) In general.--The Secretary may establish the
Special Evaluation Assistance for Rural Communities and
Households (SEARCH) program, to make predevelopment
planning grants for feasibility studies, design assistance,
and technical assistance, to financially distressed
communities in rural areas with populations of 2,500 or
fewer inhabitants for water and waste disposal projects
described in paragraph (1), this paragraph, and paragraph
(24).
``(ii) Terms.--
``(I) Documentation.--With respect to grants made
under this subparagraph, the Secretary shall require
the lowest amount of documentation practicable.
``(II) Matching.--Notwithstanding any other
provisions in this subsection, the Secretary may fund
up to 100 percent of the eligible costs of grants
provided under this subparagraph, as determined by the
Secretary.
``(iii) Funding.--The Secretary may use not more than 4
percent of the total amount of funds made available for a
fiscal year for water, waste disposal, and essential
community facility activities under this title to carry out
this subparagraph.
``(iv) Relationship to other authority.--The funds and
authorities provided under this subparagraph are in
addition to any other funds or authorities the Secretary
may have to carry out activities described in clause
(i).''.
(b) Conforming Amendment.--Subtitle D of title VI of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 2009ee et seq.) is
repealed.
SEC. 6003. RURAL BUSINESS OPPORTUNITY GRANTS.
Section 306(a)(11)(D) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(11)(D)) is amended by striking ``1996
through 2007'' and inserting ``2008 through 2012''.
SEC. 6004. CHILD DAY CARE FACILITY GRANTS, LOANS, AND LOAN GUARANTEES.
Section 306(a)(19)(C)(ii) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(19)(C)(ii)) is amended by striking
``April'' and inserting ``June''.
SEC. 6005. COMMUNITY FACILITY GRANTS TO ADVANCE BROADBAND.
Section 306(a)(20)(E) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(20)(E)) is amended--
(1) by striking ``state'' and inserting ``State''; and
(2) by striking ``dial-up Internet access or''.
SEC. 6006. RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM.
Section 306(a)(22)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(22)(C)) is amended by striking
``$15,000,000 for fiscal year 2003'' and inserting ``$25,000,000 for
fiscal year 2008''.
SEC. 6007. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY
FACILITIES.
Section 306(a)(25) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(25)) is amended--
(1) in subparagraph (A)--
(A) by striking ``tribal colleges and universities'' and
inserting ``an entity that is a Tribal College or University'';
and
(B) by striking ``tribal college or university'' and
inserting ``Tribal College or University'';
(2) by striking subparagraph (B) and inserting the following:
``(B) Federal share.--The Secretary shall establish the
maximum percentage of the cost of the facility that may be
covered by a grant under this paragraph, except that the
Secretary may not require non-Federal financial support in an
amount that is greater than 5 percent of the total cost of the
facility.''; and
(3) in subparagraph (C), by striking ``2003 through 2007'' and
inserting ``2008 through 2012''.
SEC. 6008. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT
PROGRAM.
Section 306A(i)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926a(i)(2)) is amended by striking ``2003 through 2007''
and inserting ``2008 through 2012''.
SEC. 6009. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN ALASKA.
(a) In General.--Section 306D(d)(1) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926d(d)(1)) is amended by striking
``2001 through 2007'' and inserting ``2008 through 2012''.
(b) Rural Communities Assistance.--Section 4009 of the Solid Waste
Disposal Act (42 U.S.C. 6949) is amended by adding at the end the
following:
``(e) Additional Appropriations.--
``(1) In general.--There are authorized to be appropriated to
carry out this section for the Denali Commission to provide
assistance to municipalities in the State of Alaska $1,500,000 for
each of fiscal years 2008 through 2012.
``(2) Administration.--For the purpose of carrying out this
subsection, the Denali Commission shall--
``(A) be considered a State; and
``(B) comply with all other requirements and limitations of
this section.''.
SEC. 6010. GRANTS TO NONPROFIT 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.
Section 306E of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926e) is amended--
(1) in subsection (b)(2)(C), by striking ``$8,000'' and
inserting ``$11,000''; and
(2) in subsection (d), by striking ``2003 through 2007'' and
inserting ``2008 through 2012''.
SEC. 6011. INTEREST RATES FOR WATER AND WASTE DISPOSAL FACILITIES
LOANS.
Section 307(a)(3) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1927(a)(3)) is amended by adding at the end the
following:
``(E) Interest rates for water and waste disposal
facilities loans.--
``(i) In general.--Except as provided in clause (ii)
and notwithstanding subparagraph (A), in the case of a
direct loan for a water or waste disposal facility--
``(I) in the case of a loan that would be subject
to the 5 percent interest rate limitation under
subparagraph (A), the Secretary shall establish the
interest rate at a rate that is equal to 60 percent of
the current market yield for outstanding municipal
obligations with remaining periods to maturity
comparable to the average maturity of the loan,
adjusted to the nearest \1/8\ of 1 percent; and
``(II) in the case of a loan that would be subject
to the 7 percent limitation under subparagraph (A), the
Secretary shall establish the interest rate at a rate
that is equal to 80 percent of the current market yield
for outstanding municipal obligations with remaining
periods to maturity comparable to the average maturity
of the loan, adjusted to the nearest \1/8\ of 1
percent.
``(ii) Exception.--Clause (i) does not apply to a loan
for a specific project that is the subject of a loan that
has been approved, but not closed, as of the date of
enactment of this subparagraph.''.
SEC. 6012. COOPERATIVE EQUITY SECURITY GUARANTEE.
(a) In General.--Section 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932) is amended--
(1) by striking ``sec. 310B. (a)'' and inserting the following:
``SEC. 310B. ASSISTANCE FOR RURAL ENTITIES.
``(a) Loans to Private Business Enterprises.--
``(1) Definitions.--In this subsection:'';
(2) in subsection (a)--
(A) by moving the second and fourth sentences so as to
appear as the second and first sentences, respectively;
(B) in the sentence beginning ``As used in this subsection,
the'' (as moved by subparagraph (A)), by striking ``As used in
this subsection, the'' and inserting the following:
``(A) Aquaculture.--The'';
(C) in the sentence beginning ``For the purposes of this
subsection, the'', by striking ``For the purposes of this
subsection, the'' and inserting the following:
``(B) Solar energy.--The'';
(D) in the sentence beginning ``The Secretary may also''--
(i) by striking ``The Secretary may also'' and
inserting the following:
``(2) Loan purposes.--The Secretary may'';
(ii) by inserting ``and private investment funds that
invest primarily in cooperative organizations'' after ``or
nonprofit'';
(iii) by striking ``of (1) improving'' and inserting
``of--
``(A) improving'';
(iv) by striking ``control, (2) the'' and inserting
``control;
``(B) the'';
(v) by striking ``areas, (3) reducing'' and inserting
``areas;
``(C) reducing'';
(vi) by striking ``areas, and (4) to'' and inserting
``areas; and
``(D) to'';
(E) in the sentence beginning ``Such loans,'', by striking
``Such loans,'' and inserting the following:
``(3) Loan guarantees.--Loans described in paragraph (2),'';
and
(F) in the last sentence, by striking ``No loan'' and
inserting the following:
``(4) Maximum amount of principal.--No loan''; and
(3) in subsection (g)--
(A) in paragraph (1), by inserting ``, including guarantees
described in paragraph (3)(A)(ii)'' before the period at the
end;
(B) in paragraph (3)(A)--
(i) by striking ``(A) In general.--The Secretary'' and
inserting the following:
``(A) Eligibility.--
``(i) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(ii) Equity.--The Secretary may guarantee a loan made
for the purchase of preferred stock or similar equity
issued by a cooperative organization or a fund that invests
primarily in cooperative organizations, if the guarantee
significantly benefits 1 or more entities eligible for
assistance for the purposes described in subsection (a)(1),
as determined by the Secretary.''; and
(C) in paragraph (8)(A)(ii), by striking ``a project--''
and all that follows through the end of subclause (II) and
inserting ``a project that--
``(I)(aa) is in a rural area; and
``(bb) provides for the value-added processing of
agricultural commodities; or
``(II) significantly benefits 1 or more entities
eligible for assistance for the purposes described in
subsection (a)(1), as determined by the Secretary.''.
(b) Conforming Amendments.--
(1) Section 307(a)(6)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1927(a)(6)(B)) is amended by striking
clause (ii) and inserting the following:
``(ii) section 310B(a)(2)(A); and''.
(2) Section 310B(g) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(g)) is amended by striking
``subsection (a)(1)'' each place it appears in paragraphs (1),
(6)(A)(iii), and (8)(C) and inserting ``subsection (a)(2)(A)''.
(3) Section 333A(g)(1)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983a(g)(1)(B)) is amended by striking
``section 310B(a)(1)'' and inserting ``section 310B(a)(2)(A)''.
(4) Section 381E(d)(3)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009d(d)(3)(B)) is amended by striking
``section 310B(a)(1)'' and inserting ``section 310B(a)(2)(A)''.
SEC. 6013. RURAL COOPERATIVE DEVELOPMENT GRANTS.
(a) Eligibility.--Section 310B(e)(5) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(e)(5)) is amended--
(1) in subparagraph (A), by striking ``administering a
nationally coordinated, regionally or State-wide operated project''
and inserting ``carrying out activities to promote and assist the
development of cooperatively and mutually owned businesses'';
(2) in subparagraph (B), by inserting ``to promote and assist
the development of cooperatively and mutually owned businesses''
before the semicolon;
(3) by striking subparagraph (D);
(4) by redesignating subparagraph (E) as subparagraph (D);
(5) in subparagraph (D) (as so redesignated), by striking
``and'' at the end;
(6) by inserting after subparagraph (D) (as so redesignated)
the following:
``(E) demonstrate a commitment to--
``(i) networking with and sharing the results of the
efforts of the center with other cooperative development
centers and other organizations involved in rural economic
development efforts; and
``(ii) developing multiorganization and multistate
approaches to addressing the economic development and
cooperative needs of rural areas; and''; and
(7) in subparagraph (F), by striking ``providing greater than''
and inserting ``providing''.
(b) Authority to Award Multiyear Grants.--Section 310B(e) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)) is
amended by striking paragraph (6) and inserting the following:
``(6) Grant period.--
``(A) In general.--A grant awarded to a center that has
received no prior funding under this subsection shall be made
for a period of 1 year.
``(B) Multiyear grants.--If the Secretary determines it to
be in the best interest of the program, the Secretary shall
award grants for a period of more than 1 year, but not more
than 3 years, to a center that has successfully met the
parameters described in paragraph (5), as determined by the
Secretary.''.
(c) Authority to Extend Grant Period.--Section 310B(e) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)) is
amended--
(1) by redesignating paragraphs (7), (8), and (9) as paragraphs
(8), (9), and (12), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) Authority to extend grant period.--The Secretary may
extend for 1 additional 12-month period the period in which a
grantee may use a grant made under this subsection.''.
(d) Cooperative Research Program.--Section 310B(e) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)) is
amended by inserting after paragraph (9) (as redesignated by subsection
(c)(1)) the following:
``(10) Cooperative research program.--The Secretary shall enter
into a cooperative research agreement with 1 or more qualified
academic institutions in each fiscal year to conduct research on
the effects of all types of cooperatives on the national
economy.''.
(e) Addressing Needs of Minority Communities.--Section 310B(e) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)) is
amended by inserting after paragraph (10) (as added by subsection (d))
the following:
``(11) Addressing needs of minority communities.--
``(A) Definition of socially disadvantaged group.--In this
paragraph, the term `socially disadvantaged group' has the
meaning given the term in section 355(e).
``(B) Reservation of funds.--
``(i) In general.--If the total amount appropriated
under paragraph (12) for a fiscal year exceeds $7,500,000,
the Secretary shall reserve an amount equal to 20 percent
of the total amount appropriated for grants for cooperative
development centers, individual cooperatives, or groups of
cooperatives--
``(I) that serve socially disadvantaged groups; and
``(II) a majority of the boards of directors or
governing boards of which are comprised of individuals
who are members of socially disadvantaged groups.
``(ii) Insufficient applications.--To the extent there
are insufficient applications to carry out clause (i), the
Secretary shall use the funds as otherwise authorized by
this subsection.''.
(f) Authorization of Appropriations.--Paragraph (12) of section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932(e)) (as redesignated by subsection (c)(1)) is amended by striking
``1996 through 2007'' and inserting ``2008 through 2012''.
SEC. 6014. GRANTS TO BROADCASTING SYSTEMS.
Section 310B(f)(3) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(f)(3)) is amended by striking ``2002 through 2007''
and inserting ``2008 through 2012''.
SEC. 6015. LOCALLY OR REGIONALLY PRODUCED AGRICULTURAL FOOD PRODUCTS.
Section 310B(g) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(g)) is amended by adding at the end the following:
``(9) Locally or regionally produced agricultural food
products.--
``(A) Definitions.--In this paragraph:
``(i) Locally or regionally produced agricultural food
product.--The term `locally or regionally produced
agricultural food product' means any agricultural food
product that is raised, produced, and distributed in--
``(I) the locality or region in which the final
product is marketed, so that the total distance that
the product is transported is less than 400 miles from
the origin of the product; or
``(II) the State in which the product is produced.
``(ii) Underserved community.--The term `underserved
community' means a community (including an urban or rural
community and an Indian tribal community) that has, as
determined by the Secretary--
``(I) limited access to affordable, healthy foods,
including fresh fruits and vegetables, in grocery
retail stores or farmer-to-consumer direct markets; and
``(II) a high rate of hunger or food insecurity or
a high poverty rate.
``(B) Loan and loan guarantee program.--
``(i) In general.--The Secretary shall make or
guarantee loans to individuals, cooperatives, cooperative
organizations, businesses, and other entities to establish
and facilitate enterprises that process, distribute,
aggregate, store, and market locally or regionally produced
agricultural food products to support community development
and farm and ranch income.
``(ii) Requirement.--The recipient of a loan or loan
guarantee under clause (i) shall include in an appropriate
agreement with retail and institutional facilities to which
the recipient sells locally or regionally produced
agricultural food products a requirement to inform
consumers of the retail or institutional facilities that
the consumers are purchasing or consuming locally or
regionally produced agricultural food products.
``(iii) Priority.--In making or guaranteeing a loan
under clause (i), the Secretary shall give priority to
projects that have components benefitting underserved
communities.
``(iv) Reports.--Not later than 2 years after the date
of enactment of this paragraph and annually thereafter, the
Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes projects carried out using loans or loan
guarantees made under clause (i), including--
``(I) the characteristics of the communities
served; and
``(II) resulting benefits.
``(v) Reservation of funds.--
``(I) In general.--For each of fiscal years 2008
through 2012, the Secretary shall reserve not less than
5 percent of the funds made available to carry out this
subsection to carry out this subparagraph.
``(II) Availability of funds.--Funds reserved under
subclause (I) for a fiscal year shall be reserved until
April 1 of the fiscal year.''.
SEC. 6016. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS.
Section 310B of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932) is amended by adding at the end the following:
``(i) Appropriate Technology Transfer for Rural Areas Program.--
``(1) Definition of national nonprofit agricultural assistance
institution.--In this subsection, the term `national nonprofit
agricultural assistance institution' means an organization that--
``(A) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under 501(a) of
that Code;
``(B) has staff and offices in multiple regions of the
United States;
``(C) has experience and expertise in operating national
agriculture technical assistance programs;
``(D) expands markets for the agricultural commodities
produced by producers through the use of practices that enhance
the environment, natural resource base, and quality of life;
and
``(E) improves the economic viability of agricultural
operations.
``(2) Establishment.--The Secretary shall establish a national
appropriate technology transfer for rural areas program to assist
agricultural producers that are seeking information to--
``(A) reduce input costs;
``(B) conserve energy resources;
``(C) diversify operations through new energy crops and
energy generation facilities; and
``(D) expand markets for agricultural commodities produced
by the producers by using practices that enhance the
environment, natural resource base, and quality of life.
``(3) Implementation.--
``(A) In general.--The Secretary shall carry out the
program under this subsection by making a grant to, or offering
to enter into a cooperative agreement with, a national
nonprofit agricultural assistance institution.
``(B) Grant amount.--A grant made, or cooperative agreement
entered into, under subparagraph (A) shall provide 100 percent
of the cost of providing information described in paragraph
(2).
``(4) Authorization of appropriations.--There are authorized to
be appropriated to carry out this subsection $5,000,000 for each of
fiscal years 2008 through 2012.''.
SEC. 6017. RURAL ECONOMIC AREA PARTNERSHIP ZONES.
Section 310B of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932) (as amended by section 6016) is amended by adding at the
end the following:
``(j) Rural Economic Area Partnership Zones.--Effective beginning
on the date of enactment of this subsection through September 30, 2012,
the Secretary shall carry out those rural economic area partnership
zones administratively in effect on the date of enactment of this
subsection in accordance with the terms and conditions contained in the
memorandums of agreement entered into by the Secretary for the rural
economic area partnership zones, except as otherwise provided in this
subsection.''.
SEC. 6018. DEFINITIONS.
(a) Rural Area.--Section 343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)) is amended by striking paragraph
(13) and inserting the following:
``(13) Rural and rural area.--
``(A) In general.--Subject to subparagraphs (B) through
(G), the terms `rural' and `rural area' mean any area other
than--
``(i) a city or town that has a population of greater
than 50,000 inhabitants; and
``(ii) any urbanized area contiguous and adjacent to a
city or town described in clause (i).
``(B) Water and waste disposal grants and direct and
guaranteed loans.--For the purpose of water and waste disposal
grants and direct and guaranteed loans provided under
paragraphs (1), (2), and (24) of section 306(a), the terms
`rural' and `rural area' mean a city, town, or unincorporated
area that has a population of no more than 10,000 inhabitants.
``(C) Community facility loans and grants.--For the purpose
of community facility direct and guaranteed loans and grants
under paragraphs (1), (19), (20), (21), and (24) of section
306(a), the terms `rural' and `rural area' mean any area other
than a city, town, or unincorporated area that has a population
of greater than 20,000 inhabitants.
``(D) Areas rural in character.--
``(i) Application.--This subparagraph applies to--
``(I) an urbanized area described in subparagraphs
(A)(ii) and (F) that--
``(aa) has 2 points on its boundary that are at
least 40 miles apart; and
``(bb) is not contiguous or adjacent to a city
or town that has a population of greater than
150,000 inhabitants or an urbanized area of such
city or town; and
``(II) an area within an urbanized area described
in subparagraphs (A)(ii) and (F) that is within \1/4\-
mile of a rural area described in subparagraph (A).
``(ii) Determination.--Notwithstanding any other
provision of this paragraph, on the petition of a unit of
local government in an area described in clause (i) or on
the initiative of the Under Secretary for Rural
Development, the Under Secretary may determine that a part
of an area described in clause (i) is a rural area for the
purposes of this paragraph, if the Under Secretary finds
that the part is rural in character, as determined by the
Under Secretary.
``(iii) Administration.--In carrying out this
subparagraph, the Under Secretary for Rural Development
shall--
``(I) not delegate the authority to carry out this
subparagraph;
``(II) consult with the applicable rural
development State or regional director of the
Department of Agriculture and the governor of the
respective State;
``(III) provide to the petitioner an opportunity to
appeal to the Under Secretary a determination made
under this subparagraph;
``(IV) release to the public notice of a petition
filed or initiative of the Under Secretary under this
subparagraph not later than 30 days after receipt of
the petition or the commencement of the initiative, as
appropriate;
``(V) make a determination under this subparagraph
not less than 15 days, and not more than 60 days, after
the release of the notice under subclause (IV);
``(VI) submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate an
annual report on actions taken to carry out this
subparagraph; and
``(VII) terminate a determination under this
subparagraph that part of an area is a rural area on
the date that data is available for the next decennial
census conducted under section 141(a) of title 13,
United States Code.
``(E) Exclusions.--Notwithstanding any other provision of
this paragraph, in determining which census blocks in an
urbanized area are not in a rural area (as defined in this
paragraph), the Secretary shall exclude any cluster of census
blocks that would otherwise be considered not in a rural area
only because the cluster is adjacent to not more than 2 census
blocks that are otherwise considered not in a rural area under
this paragraph.
``(F) Urban area growth.--
``(i) Application.--This subparagraph applies to--
``(I) any area that--
``(aa) is a collection of census blocks that
are contiguous to each other;
``(bb) has a housing density that the Secretary
estimates is greater than 200 housing units per
square mile; and
``(cc) is contiguous or adjacent to an existing
boundary of a rural area; and
``(II) any urbanized area contiguous and adjacent
to a city or town described in subparagraph (A)(i).
``(ii) Adjustments.--The Secretary may, by regulation
only, consider--
``(I) an area described in clause (i)(I) not to be
a rural area for purposes of subparagraphs (A) and (C);
and
``(II) an area described in clause (i)(II) not to
be a rural area for purposes of subparagraph (C).
``(iii) Appeals.--A program applicant may appeal an
estimate made under clause (i)(I) based on appropriate data
for an area, as determined by the Secretary.
``(G) Hawaii and puerto rico.--Notwithstanding any other
provision of this paragraph, within the areas of the County of
Honolulu, Hawaii, and the Commonwealth of Puerto Rico, the
Secretary may designate any part of the areas as a rural area
if the Secretary determines that the part is not urban in
character, other than any area included in the Honolulu Census
Designated Place or the San Juan Census Designated Place.''.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall prepare and submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that--
(1) assesses the various definitions of the term ``rural'' and
``rural area'' that are used with respect to programs administered
by the Secretary;
(2) describes the effects that the variations in those
definitions have on those programs;
(3) make recommendations for ways to better target funds
provided through rural development programs; and
(4) determines the effect of the amendment made by subsection
(a) on the level of rural development funding and participation in
those programs in each State.
SEC. 6019. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
Section 378 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008m) is amended--
(1) in subsection (g)(1), by striking ``2003 through 2007'' and
inserting ``2008 through 2012''; and
(2) in subsection (h), by striking ``the date that is 5 years
after the date of enactment of this section'' and inserting
``September 30, 2012''.
SEC. 6020. HISTORIC BARN PRESERVATION.
(a) Grant Priority.--Section 379A(c) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008o(c)) is amended--
(1) in paragraph (2)--
(A) in subparagraphs (A) and (B), by striking ``a historic
barn'' each place it appears and inserting ``historic barns'';
and
(B) in subparagraph (C), by striking ``on a historic barn''
and inserting ``on historic barns (including surveys)'';
(2) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Priority.--In making grants under this subsection, the
Secretary shall give the highest priority to funding projects
described in paragraph (2)(C).''.
(b) Authorization of Appropriations.--Section 379A(c)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2008o(c)(5)) (as
redesignated by subsection (a)(2)) is amended by striking ``2002
through 2007'' and inserting ``2008 through 2012''.
SEC. 6021. GRANTS FOR NOAA WEATHER RADIO TRANSMITTERS.
Section 379B(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008p(d)) is amended by striking ``2002 through 2007'' and
inserting ``2008 through 2012''.
SEC. 6022. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) is amended by adding at the end the following:
``SEC. 379E. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) 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).
``(2) Microentrepreneur.--The term `microentrepreneur' means an
owner and operator, or prospective owner and operator, of a rural
microenterprise who is unable to obtain sufficient training,
technical assistance, or credit other than under this section, as
determined by the Secretary.
``(3) Microenterprise development organization.--The term
`microenterprise development organization' means an organization
that--
``(A) is--
``(i) a nonprofit entity;
``(ii) an Indian tribe, the tribal government of which
certifies to the Secretary that--
``(I) no microenterprise development organization
serves the Indian tribe; and
``(II) no rural microentrepreneur assistance
program exists under the jurisdiction of the Indian
tribe; or
``(iii) a public institution of higher education;
``(B) provides training and technical assistance to rural
microentrepreneurs;
``(C) facilitates access to capital or another service
described in subsection (b) for rural microenterprises; and
``(D) has a demonstrated record of delivering services to
rural microentrepreneurs, or an effective plan to develop a
program to deliver services to rural microentrepreneurs, as
determined by the Secretary.
``(4) Microloan.--The term `microloan' means a business loan of
not more than $50,000 that is provided to a rural microenterprise.
``(5) Program.--The term `program' means the rural
microentrepreneur assistance program established under subsection
(b).
``(6) Rural microenterprise.--The term `rural microenterprise'
means--
``(A) a sole proprietorship located in a rural area; or
``(B) a business entity with not more than 10 full-time-
equivalent employees located in a rural area.
``(b) Rural Microentrepreneur Assistance Program.--
``(1) Establishment.--The Secretary shall establish a rural
microentrepreneur assistance program to provide loans and grants to
support microentrepreneurs in the development and ongoing success
of rural microenterprises.
``(2) Purpose.--The purpose of the program is to provide
microentrepreneurs with--
``(A) the skills necessary to establish new rural
microenterprises; and
``(B) continuing technical and financial assistance related
to the successful operation of rural microenterprises.
``(3) Loans.--
``(A) In general.--The Secretary shall make loans to
microenterprise development organizations for the purpose of
providing fixed interest rate microloans to microentrepreneurs
for startup and growing rural microenterprises.
``(B) Loan terms.--A loan made by the Secretary to a
microenterprise development organization under this paragraph
shall--
``(i) be for a term not to exceed 20 years; and
``(ii) bear an annual interest rate of at least 1
percent.
``(C) Loan loss reserve fund.--The Secretary shall require
each microenterprise development organization that receives a
loan under this paragraph to--
``(i) establish a loan loss reserve fund; and
``(ii) maintain the reserve fund in an amount equal to
at least 5 percent of the outstanding balance of such loans
owed by the microenterprise development organization, until
all obligations owed to the Secretary under this paragraph
are repaid.
``(D) Deferral of interest and principal.--The Secretary
may permit the deferral of payments on principal and interest
due on a loan to a microenterprise development organization
made under this paragraph for a 2-year period beginning on the
date the loan is made.
``(4) Grants.--
``(A) Grants to support rural microenterprise
development.--
``(i) In general.--The Secretary shall make grants to
microenterprise development organizations to--
``(I) provide training, operational support,
business planning, and market development assistance,
and other related services to rural microentrepreneurs;
and
``(II) carry out such other projects and activities
as the Secretary determines appropriate to further the
purposes of the program.
``(ii) Selection.--In making grants under clause (i),
the Secretary shall--
``(I) place an emphasis on microenterprise
development organizations that serve microentrepreneurs
that are located in rural areas that have suffered
significant outward migration, as determined by the
Secretary; and
``(II) ensure, to the maximum extent practicable,
that grant recipients include microenterprise
development organizations--
``(aa) of varying sizes; and
``(bb) that serve racially and ethnically
diverse populations.
``(B) Grants to assist microentrepreneurs.--
``(i) In general.--The Secretary shall make grants to
microenterprise development organizations to provide
marketing, management, and other technical assistance to
microentrepreneurs that--
``(I) received a loan from the microenterprise
development organization under paragraph (3); or
``(II) are seeking a loan from the microenterprise
development organization under paragraph (3).
``(ii) Maximum amount of grant.--A microenterprise
development organization shall be eligible to receive an
annual grant under this subparagraph in an amount equal to
not more than 25 percent of the total outstanding balance
of microloans made by the microenterprise development
organization under paragraph (3), as of the date the grant
is awarded.
``(C) Administrative expenses.--Not more than 10 percent of
a grant received by a microenterprise development organization
for a fiscal year under this paragraph may be used to pay
administrative expenses.
``(c) Administration.--
``(1) Cost share.--
``(A) Federal share.--Subject to subparagraph (B), the
Federal share of the cost of a project funded under this
section shall not exceed 75 percent.
``(B) Matching requirement.--As a condition of any grant
made under this subparagraph, the Secretary shall require the
microenterprise development organization to match not less than
15 percent of the total amount of the grant in the form of
matching funds, indirect costs, or in-kind goods or services.
``(C) Form of non-federal share.--The non-Federal share of
the cost of a project funded under this section may be
provided--
``(i) in cash (including through fees, grants
(including community development block grants), and gifts);
or
``(ii) in the form of in-kind contributions.
``(2) Oversight.--At a minimum, not later than December 1 of
each fiscal year, a microenterprise development organization that
receives a loan or grant under this section shall provide to the
Secretary such information as the Secretary may require to ensure
that assistance provided under this section is used for the
purposes for which the loan or grant was made.
``(d) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section, to
remain available until expended--
``(A) $4,000,000 for each of fiscal years 2009 through
2011; and
``(B) $3,000,000 for fiscal year 2012.
``(2) Discretionary funding.--In addition to amounts made
available under paragraph (1), there are authorized to be
appropriated to carry out this section $40,000,000 for each of
fiscal years 2009 through 2012.''.
SEC. 6023. GRANTS FOR EXPANSION OF EMPLOYMENT OPPORTUNITIES FOR
INDIVIDUALS WITH DISABILITIES IN RURAL AREAS.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) (as amended by section 6022) is amended by adding
at the end the following:
``SEC. 379F. GRANTS FOR EXPANSION OF EMPLOYMENT OPPORTUNITIES FOR
INDIVIDUALS WITH DISABILITIES IN RURAL AREAS.
``(a) Definitions.--In this section:
``(1) Individual with a disability.--The term `individual with
a disability' means an individual with a disability (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102)).
``(2) Individuals with disabilities.--The term `individuals
with disabilities' means more than 1 individual with a disability.
``(b) Grants.--The Secretary shall make grants to nonprofit
organizations, or to a consortium of nonprofit organizations, to expand
and enhance employment opportunities for individuals with disabilities
in rural areas.
``(c) Eligibility.--To be eligible to receive a grant under this
section, a nonprofit organization or consortium of nonprofit
organizations shall have--
``(1) a significant focus on serving the needs of individuals
with disabilities;
``(2) demonstrated knowledge and expertise in--
``(A) employment of individuals with disabilities; and
``(B) advising private entities on accessibility issues
involving individuals with disabilities;
``(3) expertise in removing barriers to employment for
individuals with disabilities, including access to transportation,
assistive technology, and other accommodations; and
``(4) existing relationships with national organizations
focused primarily on the needs of rural areas.
``(d) Uses.--A grant received under this section may be used only
to expand or enhance--
``(1) employment opportunities for individuals with
disabilities in rural areas by developing national technical
assistance and education resources to assist small businesses in a
rural area to recruit, hire, accommodate, and employ individuals
with disabilities; and
``(2) self-employment and entrepreneurship opportunities for
individuals with disabilities in a rural area.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2008 through 2012.''.
SEC. 6024. HEALTH CARE SERVICES.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) (as amended by section 6023) is amended by adding
at the end the following:
``SEC. 379G. HEALTH CARE SERVICES.
``(a) Purpose.--The purpose of this section is to address the
continued unmet health needs in the Delta region through cooperation
among health care professionals, institutions of higher education,
research institutions, and other individuals and entities in the
region.
``(b) Definition of Eligible Entity.--In this section, the term
`eligible entity' means a consortium of regional institutions of higher
education, academic health and research institutes, and economic
development entities located in the Delta region that have experience
in addressing the health care issues in the region.
``(c) Grants.--To carry out the purpose described in subsection
(a), the Secretary may award a grant to an eligible entity for -
``(1) the development of -
``(A) health care services;
``(B) health education programs; and
``(C) health care job training programs; and
``(2) the development and expansion of public health-related
facilities in the Delta region to address longstanding and unmet
health needs of the region.
``(d) Use.--As a condition of the receipt of the grant, the
eligible entity shall use the grant to fund projects and activities
described in subsection (c), based on input solicited from local
governments, public health care providers, and other entities in the
Delta region.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section, $3,000,000 for
each of fiscal years 2008 through 2012.''.
SEC. 6025. DELTA REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 382M(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-12(a)) is
amended by striking ``2001 through 2007'' and inserting ``2008 through
2012''.
(b) Termination of Authority.--Section 382N of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009aa-13) is amended by
striking ``2007'' and inserting ``2012''.
(c) Expansion.--Section 4(2) of the Delta Development Act (42
U.S.C. 3121 note; Public Law 100-460) is amended--
(1) in subparagraph (D), by inserting ``Beauregard, Bienville,
Cameron, Claiborne, DeSoto, Jefferson Davis, Red River, St. Mary,
Vermillion, Webster,'' after ``St. James,''; and
(2) in subparagraph (E)--
(A) by inserting ``Jasper,'' after ``Copiah,''; and
(B) by inserting ``Smith,'' after ``Simpson,''.
SEC. 6026. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
(a) Definition of Region.--Section 383A(4) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2009bb(4)) is amended by inserting
``Missouri (other than counties included in the Delta Regional
Authority),'' after ``Minnesota,''.
(b) Establishment.--Section 383B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009bb-1) is amended--
(1) in subsection (a), by adding at the end the following:
``(4) Failure to confirm.--
``(A) Federal member.--Notwithstanding any other provision
of this section, if a Federal member described in paragraph
(2)(A) has not been confirmed by the Senate by not later than
180 days after the date of enactment of this paragraph, the
Authority may organize and operate without the Federal member.
``(B) Indian chairperson.--In the case of the Indian
Chairperson, if no Indian Chairperson is confirmed by the
Senate, the regional authority shall consult and coordinate
with the leaders of Indian tribes in the region concerning the
activities of the Authority, as appropriate.'';
(2) in subsection (d)--
(A) in paragraph (1), by striking ``to establish priorities
and'' and inserting ``for multistate cooperation to advance the
economic and social well-being of the region and to'';
(B) in paragraph (3), by striking ``local development
districts,'' and inserting ``regional and local development
districts or organizations, regional boards established under
subtitle I,'';
(C) in paragraph (4), by striking ``cooperation;'' and
inserting ``cooperation for--
``(i) renewable energy development and transmission;
``(ii) transportation planning and economic
development;
``(iii) information technology;
``(iv) movement of freight and individuals within the
region;
``(v) federally-funded research at institutions of
higher education; and
``(vi) conservation land management;'';
(D) by striking paragraph (6) and inserting the following:
``(6) enhance the capacity of, and provide support for,
multistate development and research organizations, local
development organizations and districts, and resource conservation
districts in the region;''; and
(E) in paragraph (7), by inserting ``renewable energy,''
after ``commercial,''.
(3) in subsection (f)(2), by striking ``the Federal
cochairperson'' and inserting ``a cochairperson'';
(4) in subsection (g)(1), by striking subparagraphs (A) through
(C) and inserting the following:
``(A) for each of fiscal years 2008 and 2009, 100 percent;
``(B) for fiscal year 2010, 75 percent; and
``(C) for fiscal year 2011 and each fiscal year thereafter,
50 percent.''.
(c) Interstate Cooperation for Economic Opportunity and
Efficiency.--
(1) In general.--Subtitle G of the Consolidated Farm and Rural
Development Act is amended--
(A) by redesignating sections 383C through 383N (7 U.S.C.
2009bb-2 through 2009bb-13) as sections 383D through 383O,
respectively; and
(B) by inserting after section 383B (7 U.S.C. 2009bb-1) the
following:
``SEC. 383C. INTERSTATE COOPERATION FOR ECONOMIC OPPORTUNITY AND
EFFICIENCY.
``(a) In General.--The Authority shall provide assistance to States
in developing regional plans to address multistate economic issues,
including plans--
``(1) to develop a regional transmission system for movement of
renewable energy to markets outside the region;
``(2) to address regional transportation concerns, including
the establishment of a Northern Great Plains Regional
Transportation Working Group;
``(3) to encourage and support interstate collaboration on
federally-funded research that is in the national interest; and
``(4) to establish a Regional Working Group on Agriculture
Development and Transportation.
``(b) Economic Issues.--The multistate economic issues referred to
in subsection (a) shall include--
``(1) renewable energy development and transmission;
``(2) transportation planning and economic development;
``(3) information technology;
``(4) movement of freight and individuals within the region;
``(5) federally-funded research at institutions of higher
education; and
``(6) conservation land management.''.
(2) Conforming amendments.--
(A) Section 383B(c)(3)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009bb-1(c)(3)(B)) is amended
by striking ``383I'' and inserting ``383J''.
(B) Section 383D(a) of the Consolidated Farm and Rural
Development Act (as redesignated by paragraph (1)(A)) is
amended by striking ``383I'' and inserting ``383J''.
(C) Section 383E of the Consolidated Farm and Rural
Development Act (as so redesignated) is amended--
(i) in subsection (b)(1), by striking ``383F(b)'' and
inserting ``383G(b)''; and
(ii) in subsection (c)(2)(A), by striking ``383I'' and
inserting ``383J''.
(D) Section 383G of the Consolidated Farm and Rural
Development Act (as so redesignated) is amended--
(i) in subsection (b)--
(I) in paragraph (1), by striking ``383M'' and
inserting ``383N''; and
(II) in paragraph (2), by striking ``383D(b)'' and
inserting ``383E(b)'';
(ii) in subsection (c)(2)(A), by striking ``383E(b)''
and inserting ``383F(b)''; and
(iii) in subsection (d)--
(I) by striking ``383M'' and inserting ``383N'';
and
(II) by striking ``383C(a)'' and inserting
``383D(a)''.
(E) Section 383J(c)(2) of the Consolidated Farm and Rural
Development Act (as so redesignated) is amended by striking
``383H'' and inserting ``383I''.
(d) Economic and Community Development Grants.--Section 383D of the
Consolidated Farm and Rural Development Act (as redesignated by
subsection (c)(1)(A)) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``transportation and
telecommunication'' and inserting ``transportation, renewable
energy transmission, and telecommunication''; and
(B) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (1), respectively, and moving those paragraphs so as to
appear in numerical order; and
(2) in subsection (b)(2), by striking ``the activities in the
following order or priority'' and inserting ``the following
activities''.
(e) Supplements to Federal Grant Programs.--Section 383E(a) of the
Consolidated Farm and Rural Development Act (as redesignated by
subsection (c)(1)(A)) is amended by striking ``, including local
development districts,''.
(f) Multistate and Local Development Districts and Organizations
and Northern Great Plains Inc.--Section 383F of the Consolidated Farm
and Rural Development Act (as redesignated by subsection (c)(1)(A)) is
amended--
(1) by striking the section heading and inserting ``multistate
and local development districts and organizations and northern
great plains inc.''; and
(2) by striking subsections (a) through (c) and inserting the
following:
``(a) Definition of Multistate and Local Development District or
Organization.--In this section, the term `multistate and local
development district or organization' means an entity--
``(1) that--
``(A) is a planning district in existence on the date of
enactment of this subtitle that is recognized by the Economic
Development Administration of the Department of Commerce; or
``(B) is--
``(i) organized and operated in a manner that ensures
broad-based community participation and an effective
opportunity for other nonprofit groups to contribute to the
development and implementation of programs in the region;
``(ii) a nonprofit incorporated body organized or
chartered under the law of the State in which the entity is
located;
``(iii) a nonprofit agency or instrumentality of a
State or local government;
``(iv) a public organization established before the
date of enactment of this subtitle under State law for
creation of multijurisdictional, area-wide planning
organizations;
``(v) a nonprofit agency or instrumentality of a State
that was established for the purpose of assisting with
multistate cooperation; or
``(vi) a nonprofit association or combination of
bodies, agencies, and instrumentalities described in
clauses (ii) through (v); and
``(2) that has not, as certified by the Authority (in
consultation with the Federal cochairperson or Secretary, as
appropriate)--
``(A) inappropriately used Federal grant funds from any
Federal source; or
``(B) appointed an officer who, during the period in which
another entity inappropriately used Federal grant funds from
any Federal source, was an officer of the other entity.
``(b) Grants to Multistate, Local, or Regional Development
Districts and Organizations.--
``(1) In general.--The Authority may make grants for
administrative expenses under this section to multistate, local,
and regional development districts and organizations.
``(2) Conditions for grants.--
``(A) Maximum amount.--The amount of any grant awarded
under paragraph (1) shall not exceed 80 percent of the
administrative expenses of the multistate, local, or regional
development district or organization receiving the grant.
``(B) Maximum period.--No grant described in paragraph (1)
shall be awarded for a period greater than 3 years.
``(3) Local share.--The contributions of a multistate, local,
or regional development district or organization for administrative
expenses may be in cash or in kind, fairly evaluated, including
space, equipment, and services.
``(c) Duties.--
``(1) In general.--Except as provided in paragraph (2), a local
development district shall operate as a lead organization serving
multicounty areas in the region at the local level.
``(2) Designation.--The Federal cochairperson may designate an
Indian tribe or multijurisdictional organization to serve as a lead
organization in such cases as the Federal cochairperson or
Secretary, as appropriate, determines appropriate.''.
(g) Distressed Counties and Areas and Nondistressed Counties.--
Section 383G of the Consolidated Farm and Rural Development Act (as
redesignated by subsection (c)(1)(A)) is amended--
(1) in subsection (b)(1), by striking ``75'' and inserting
``50'';
(2) by striking subsection (c);
(3) by redesignating subsection (d) as subsection (c); and
(4) in subsection (c) (as so redesignated)--
(A) in the subsection heading, by inserting ``Renewable
Energy,'' after``Telecommunication''; and
(B) by inserting ``, renewable energy,'' after
``telecommunication,''.
(h) Development Planning Process.--Section 383H of the Consolidated
Farm and Rural Development Act (as redesignated by subsection
(c)(1)(A)) is amended--
(1) in subsection (c)(1), by striking subparagraph (A) and
inserting the following:
``(A) multistate, regional, and local development districts
and organizations; and''; and
(2) in subsection (d)(1), by striking ``State and local
development districts'' and inserting ``multistate, regional, and
local development districts and organizations''.
(i) Program Development Criteria.--Section 383I(a)(1) of the
Consolidated Farm and Rural Development Act (as redesignated by
subsection (c)(1)(A)) is amended by inserting ``multistate or'' before
``regional''.
(j) Authorization of Appropriations.--Section 383N(a) of the
Consolidated Farm and Rural Development Act (as redesignated by
subsection (c)(1)(A)) is amended by striking ``2002 through 2007'' and
inserting ``2008 through 2012''.
(k) Termination of Authority.--Section 383O of the Consolidated
Farm and Rural Development Act (as redesignated by subsection
(c)(1)(A)) is amended by striking ``2007'' and inserting ``2012''.
SEC. 6027. RURAL BUSINESS INVESTMENT PROGRAM.
(a) Issuance and Guarantee of Trust Certificates.--Section
384F(b)(3)(A) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009cc-5(b)(3)(A)) is amended by striking ``In the event'' and
inserting the following:
``(i) Authority to prepay.--A debenture may be prepaid
at any time without penalty.
``(ii) Reduction of guarantee.--Subject to clause (i),
if''.
(b) Fees.--Section 384G of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009cc-6) is amended--
(1) in subsection (a), by striking ``such fees as the Secretary
considers appropriate'' and inserting ``a fee that does not exceed
$500'';
(2) in subsection (b), by striking ``approved by the
Secretary'' and inserting ``that does not exceed $500''; and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``The'' and inserting
``Except as provided in paragraph (3), the'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' at the
end;
(ii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) shall not exceed $500 for any fee collected under
this subsection.''; and
(C) by adding at the end the following:
``(3) Prohibition on collection of certain fees.--In the case
of a license described in paragraph (1) that was approved before
July 1, 2007, the Secretary shall not collect any fees due on or
after the date of enactment of this paragraph.''.
(c) Rural Business Investment Companies.--Section 384I(c) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc-8(c)) is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Time frame.--Each rural business investment company shall
have a period of 2 years to meet the capital requirements of this
subsection.''.
(d) Financial Institution Investments.--Section 384J of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc-9) is
amended--
(1) in subsection (a)(1), by inserting ``, including an
investment pool created entirely by such bank or savings
association'' before the period at the end; and
(2) in subsection (c), by striking ``15'' and inserting ``25''.
(e) Contracting of Functions.--Section 384Q of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009cc-16) is repealed.
(f) Funding.--The Consolidated Farm and Rural Development Act is
amended by striking section 384S (7 U.S.C. 2009cc-18) and inserting the
following:
``SEC. 384S. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this subtitle
$50,000,000 for the period of fiscal years 2008 through 2012.''.
SEC. 6028. RURAL COLLABORATIVE INVESTMENT PROGRAM.
Subtitle I of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009dd et seq.) is amended to read as follows:
``Subtitle I--Rural Collaborative Investment Program
``SEC. 385A. PURPOSE.
``The purpose of this subtitle is to establish a regional rural
collaborative investment program--
``(1) to provide rural regions with a flexible investment
vehicle, allowing for local control with Federal oversight,
assistance, and accountability;
``(2) to provide rural regions with incentives and resources to
develop and implement comprehensive strategies for achieving
regional competitiveness, innovation, and prosperity;
``(3) to foster multisector community and economic development
collaborations that will optimize the asset-based competitive
advantages of rural regions with particular emphasis on innovation,
entrepreneurship, and the creation of quality jobs;
``(4) to foster collaborations necessary to provide the
professional technical expertise, institutional capacity, and
economies of scale that are essential for the long-term
competitiveness of rural regions; and
``(5) to better use Department of Agriculture and other
Federal, State, and local governmental resources, and to leverage
those resources with private, nonprofit, and philanthropic
investments, in order to achieve measurable community and economic
prosperity, growth, and sustainability.
``SEC. 385B. DEFINITIONS.
``In this subtitle:
``(1) Benchmark.--The term `benchmark' means an annual set of
goals and performance measures established for the purpose of
assessing performance in meeting a regional investment strategy of
a Regional Board.
``(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) National board.--The term `National Board' means the
National Rural Investment Board established under section 385C(c).
``(4) National institute.--The term `National Institute' means
the National Institute on Regional Rural Competitiveness and
Entrepreneurship established under section 385C(b)(2).
``(5) Regional board.--The term `Regional Board' means a
Regional Rural Investment Board described in section 385D(a).
``(6) Regional innovation grant.--The term `regional innovation
grant' means a grant made by the Secretary to a certified Regional
Board under section 385F.
``(7) Regional investment strategy grant.--The term `regional
investment strategy grant' means a grant made by the Secretary to a
certified Regional Board under section 385E.
``(8) Rural heritage.--
``(A) In general.--The term `rural heritage' means historic
sites, structures, and districts.
``(B) Inclusions.--The term `rural heritage' includes
historic rural downtown areas and main streets, neighborhoods,
farmsteads, scenic and historic trails, heritage areas, and
historic landscapes.
``SEC. 385C. ESTABLISHMENT AND ADMINISTRATION OF RURAL COLLABORATIVE
INVESTMENT PROGRAM.
``(a) Establishment.--The Secretary shall establish a Rural
Collaborative Investment Program to support comprehensive regional
investment strategies for achieving rural competitiveness.
``(b) Duties of Secretary.--In carrying out this subtitle, the
Secretary shall--
``(1) appoint and provide administrative and program support to
the National Board;
``(2) establish a national institute, to be known as the
`National Institute on Regional Rural Competitiveness and
Entrepreneurship', to provide technical assistance to the Secretary
and the National Board regarding regional competitiveness and rural
entrepreneurship, including technical assistance for--
``(A) the development of rigorous analytic programs to
assist Regional Boards in determining the challenges and
opportunities that need to be addressed to receive the greatest
regional competitive advantage;
``(B) the provision of support for best practices developed
by the Regional Boards;
``(C) the establishment of programs to support the
development of appropriate governance and leadership skills in
the applicable regions; and
``(D) the evaluation of the progress and performance of the
Regional Boards in achieving benchmarks established in a
regional investment strategy;
``(3) work with the National Board to develop a national rural
investment plan that shall--
``(A) create a framework to encourage and support a more
collaborative and targeted rural investment portfolio in the
United States;
``(B) establish a Rural Philanthropic Initiative, to work
with rural communities to create and enhance the pool of
permanent philanthropic resources committed to rural community
and economic development;
``(C) cooperate with the Regional Boards and State and
local governments, organizations, and entities to ensure
investment strategies are developed that take into
consideration existing rural assets; and
``(D) encourage the organization of Regional Boards;
``(4) certify the eligibility of Regional Boards to receive
regional investment strategy grants and regional innovation grants;
``(5) provide grants for Regional Boards to develop and
implement regional investment strategies;
``(6) provide technical assistance to Regional Boards on
issues, best practices, and emerging trends relating to rural
development, in cooperation with the National Rural Investment
Board; and
``(7) provide analytic and programmatic support for regional
rural competitiveness through the National Institute, including--
``(A) programs to assist Regional Boards in determining the
challenges and opportunities that must be addressed to receive
the greatest regional competitive advantage;
``(B) support for best practices development by the
regional investment boards;
``(C) programs to support the development of appropriate
governance and leadership skills in the region; and
``(D) a review and evaluation of the performance of the
Regional Boards (including progress in achieving benchmarks
established in a regional investment strategy) in an annual
report submitted to--
``(i) the Committee on Agriculture of the House of
Representatives; and
``(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
``(c) National Rural Investment Board.--The Secretary shall
establish within the Department of Agriculture a board to be known as
the `National Rural Investment Board'.
``(d) Duties of National Board.--The National Board shall--
``(1) not later than 180 days after the date of establishment
of the National Board, develop rules relating to the operation of
the National Board; and
``(2) provide advice to--
``(A) the Secretary and subsequently review the design,
development, and execution of the National Rural Investment
Plan;
``(B) Regional Boards on issues, best practices, and
emerging trends relating to rural development; and
``(C) the Secretary and the National Institute on the
development and execution of the program under this subtitle.
``(e) Membership.--
``(1) In general.--The National Board shall consist of 14
members appointed by the Secretary not later than 180 days after
the date of enactment of the Food, Conservation, and Energy Act of
2008.
``(2) Supervision.--The National Board shall be subject to the
general supervision and direction of the Secretary.
``(3) Sectors represented.--The National Board shall consist of
representatives from each of--
``(A) nationally recognized entrepreneurship organizations;
``(B) regional strategy and development organizations;
``(C) community-based organizations;
``(D) elected members of local governments;
``(E) members of State legislatures;
``(F) primary, secondary, and higher education, job skills
training, and workforce development institutions;
``(G) the rural philanthropic community;
``(H) financial, lending, venture capital,
entrepreneurship, and other related institutions;
``(I) private sector business organizations, including
chambers of commerce and other for-profit business interests;
``(J) Indian tribes; and
``(K) cooperative organizations.
``(4) Selection of members.--
``(A) In general.--In selecting members of the National
Board, the Secretary shall consider recommendations made by--
``(i) the chairman and ranking member of each of the
Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
``(ii) the Majority Leader and Minority Leader of the
Senate; and
``(iii) the Speaker and Minority Leader of the House of
Representatives.
``(B) Ex-officio members.--In consultation with the
chairman and ranking member of each of the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate, the
Secretary may appoint not more than 3 other officers or
employees of the Executive Branch to serve as ex-officio,
nonvoting members of the National Board.
``(5) Term of office.--
``(A) In general.--Subject to subparagraph (B), the term of
office of a member of the National Board appointed under
paragraph (1)(A) shall be for a period of not more than 4
years.
``(B) Staggered terms.--The members of the National Board
shall be appointed to serve staggered terms.
``(6) Initial appointments.--Not later than 1 year after the
date of enactment of the Food, Conservation, and Energy Act of
2008, the Secretary shall appoint the initial members of the
National Board.
``(7) Vacancies.--A vacancy on the National Board shall be
filled in the same manner as the original appointment.
``(8) Compensation.--A member of the National Board shall
receive no compensation for service on the National Board, but
shall be reimbursed for related travel and other expenses incurred
in carrying out the duties of the member of the National Board in
accordance with section 5702 and 5703 of title 5, United States
Code.
``(9) Chairperson.--The National Board shall select a
chairperson from among the members of the National Board.
``(10) Federal status.--For purposes of Federal law, a member
of the National Board shall be considered a special Government
employee (as defined in section 202(a) of title 18, United States
Code).
``(f) Administrative Support.--The Secretary, on a reimbursable
basis from funds made available under section 385H, may provide such
administrative support to the National Board as the Secretary
determines is necessary.
``SEC. 385D. REGIONAL RURAL INVESTMENT BOARDS.
``(a) In General.--A Regional Rural Investment Board shall be a
multijurisdictional and multisectoral group that--
``(1) represents the long-term economic, community, and
cultural interests of a region;
``(2) is certified by the Secretary to establish a rural
investment strategy and compete for regional innovation grants;
``(3) is composed of residents of a region that are broadly
representative of diverse public, nonprofit, and private sector
interests in investment in the region, including (to the maximum
extent practicable) representatives of--
``(A) units of local, multijurisdictional, or State
government, including not more than 1 representative from each
State in the region;
``(B) nonprofit community-based development organizations,
including community development financial institutions and
community development corporations;
``(C) agricultural, natural resource, and other asset-based
related industries;
``(D) in the case of regions with federally recognized
Indian tribes, Indian tribes;
``(E) regional development organizations;
``(F) private business organizations, including chambers of
commerce;
``(G)(i) institutions of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)));
``(ii) tribally controlled colleges or universities (as
defined in section 2(a) of Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801(a))); and
``(iii) tribal technical institutions;
``(H) workforce and job training organizations;
``(I) other entities and organizations, as determined by
the Regional Board;
``(J) cooperatives; and
``(K) consortia of entities and organizations described in
subparagraphs (A) through (J);
``(4) represents a region inhabited by--
``(A) more than 25,000 individuals, as determined in the
latest available decennial census conducted under section
141(a) of title 13, United States Code; or
``(B) in the case of a region with a population density of
less than 2 individuals per square mile, at least 10,000
individuals, as determined in that latest available decennial
census;
``(5) has a membership of which not less than 25 percent, nor
more than 40 percent, represents--
``(A) units of local government and Indian tribes described
in subparagraphs (A) and (D) of paragraph (3);
``(B) nonprofit community and economic development
organizations and institutions of higher education described in
subparagraphs (B) and (G) of paragraph (3); or
``(C) private business (including chambers of commerce and
cooperatives) and agricultural, natural resource, and other
asset-based related industries described in subparagraphs (C)
and (F) of paragraph (3);
``(6) has a membership that may include an officer or employee
of a Federal agency, serving as an ex-officio, nonvoting member of
the Regional Board to represent the agency; and
``(7) has organizational documents that demonstrate that the
Regional Board will--
``(A) create a collaborative public-private strategy
process;
``(B) develop, and submit to the Secretary for approval, a
regional investment strategy that meets the requirements of
section 385E, with benchmarks--
``(i) to promote investment in rural areas through the
use of grants made available under this subtitle; and
``(ii) to provide financial and technical assistance to
promote a broad-based regional development program aimed at
increasing and diversifying economic growth, improved
community facilities, and improved quality of life;
``(C) implement the approved regional investment strategy;
``(D) provide annual reports to the Secretary and the
National Board on progress made in achieving the benchmarks of
the regional investment strategy, including an annual financial
statement; and
``(E) select a non-Federal organization (such as a regional
development organization) in the local area served by the
Regional Board that has previous experience in the management
of Federal funds to serve as fiscal manager of any funds of the
Regional Board.
``(b) Urban Areas.--A resident of an urban area may serve as an ex-
officio member of a Regional Board.
``(c) Duties.--A Regional Board shall--
``(1) create a collaborative planning process for public-
private investment within a region;
``(2) develop, and submit to the Secretary for approval, a
regional investment strategy;
``(3) develop approaches that will create permanent resources
for philanthropic giving in the region, to the maximum extent
practicable;
``(4) implement an approved strategy; and
``(5) provide annual reports to the Secretary and the National
Board on progress made in achieving the strategy, including an
annual financial statement.
``SEC. 385E. REGIONAL INVESTMENT STRATEGY GRANTS.
``(a) In General.--The Secretary shall make regional investment
strategy grants available to Regional Boards for use in developing,
implementing, and maintaining regional investment strategies.
``(b) Regional Investment Strategy.--A regional investment strategy
shall provide--
``(1) an assessment of the competitive advantage of a region,
including--
``(A) an analysis of the economic conditions of the region;
``(B) an assessment of the current economic performance of
the region;
``(C) an overview of the population, geography, workforce,
transportation system, resources, environment, and
infrastructure needs of the region; and
``(D) such other pertinent information as the Secretary may
request;
``(2) an analysis of regional economic and community
development challenges and opportunities, including--
``(A) incorporation of relevant material from other
government-sponsored or supported plans and consistency with
applicable State, regional, and local workforce investment
strategies or comprehensive economic development plans; and
``(B) an identification of past, present, and projected
Federal and State economic and community development
investments in the region;
``(3) a section describing goals and objectives necessary to
solve regional competitiveness challenges and meet the potential of
the region;
``(4) an overview of resources available in the region for use
in--
``(A) establishing regional goals and objectives;
``(B) developing and implementing a regional action
strategy;
``(C) identifying investment priorities and funding
sources; and
``(D) identifying lead organizations to execute portions of
the strategy;
``(5) an analysis of the current state of collaborative public,
private, and nonprofit participation and investment, and of the
strategic roles of public, private, and nonprofit entities in the
development and implementation of the regional investment strategy;
``(6) a section identifying and prioritizing vital projects,
programs, and activities for consideration by the Secretary,
including--
``(A) other potential funding sources; and
``(B) recommendations for leveraging past and potential
investments;
``(7) a plan of action to implement the goals and objectives of
the regional investment strategy;
``(8) a list of performance measures to be used to evaluate
implementation of the regional investment strategy, including--
``(A) the number and quality of jobs, including self-
employment, created during implementation of the regional rural
investment strategy;
``(B) the number and types of investments made in the
region;
``(C) the growth in public, private, and nonprofit
investment in the human, community, and economic assets of the
region;
``(D) changes in per capita income and the rate of
unemployment; and
``(E) other changes in the economic environment of the
region;
``(9) a section outlining the methodology for use in
integrating the regional investment strategy with the economic
priorities of the State; and
``(10) such other information as the Secretary determines to be
appropriate.
``(c) Maximum Amount of Grant.--A regional investment strategy
grant shall not exceed $150,000.
``(d) Cost Sharing.--
``(1) In general.--Subject to paragraph (2), of the share of
the costs of developing, maintaining, evaluating, implementing, and
reporting with respect to a regional investment strategy funded by
a grant under this section--
``(A) not more than 40 percent may be paid using funds from
the grant; and
``(B) the remaining share shall be provided by the
applicable Regional Board or other eligible grantee.
``(2) Form.--A Regional Board or other eligible grantee shall
pay the share described in paragraph (1)(B) in the form of cash,
services, materials, or other in-kind contributions, on the
condition that not more than 50 percent of that share is provided
in the form of services, materials, and other in-kind
contributions.
``SEC. 385F. REGIONAL INNOVATION GRANTS PROGRAM.
``(a) Grants.--
``(1) In general.--The Secretary shall provide, on a
competitive basis, regional innovation grants to Regional Boards
for use in implementing projects and initiatives that are
identified in a regional rural investment strategy approved under
section 385E.
``(2) Timing.--After October 1, 2008, the Secretary shall
provide awards under this section on a quarterly funding cycle.
``(b) Eligibility.--To be eligible to receive a regional innovation
grant, a Regional Board shall demonstrate to the Secretary that--
``(1) the regional rural investment strategy of a Regional
Board has been reviewed by the National Board prior to approval by
the Secretary;
``(2) the management and organizational structure of the
Regional Board is sufficient to oversee grant projects, including
management of Federal funds; and
``(3) the Regional Board has a plan to achieve, to the maximum
extent practicable, the performance-based benchmarks of the project
in the regional rural investment strategy.
``(c) Limitations.--
``(1) Amount received.--A Regional Board may not receive more
than $6,000,000 in regional innovation grants under this section
during any 5-year period.
``(2) Determination of amount.--The Secretary shall determine
the amount of a regional innovation grant based on--
``(A) the needs of the region being addressed by the
applicable regional rural investment strategy consistent with
the purposes described in subsection (f)(2); and
``(B) the size of the geographical area of the region.
``(3) Geographic diversity.--The Secretary shall ensure that
not more than 10 percent of funding made available under this
section is provided to Regional Boards in any State.
``(d) Cost-Sharing.--
``(1) Limitation.--Subject to paragraph (2), the amount of a
grant made under this section shall not exceed 50 percent of the
cost of the project.
``(2) Waiver of grantee share.--The Secretary may waive the
limitation in paragraph (1) under special circumstances, as
determined by the Secretary, including--
``(A) a sudden or severe economic dislocation;
``(B) significant chronic unemployment or poverty;
``(C) a natural disaster; or
``(D) other severe economic, social, or cultural duress.
``(3) Other federal assistance.--For the purpose of determining
cost-share limitations for any other Federal program, funds
provided under this section shall be considered to be non-Federal
funds.
``(e) Preferences.--In providing regional innovation grants under
this section, the Secretary shall give--
``(1) a high priority to strategies that demonstrate
significant leverage of capital and quality job creation; and
``(2) a preference to an application proposing projects and
initiatives that would--
``(A) advance the overall regional competitiveness of a
region;
``(B) address the priorities of a regional rural investment
strategy, including priorities that--
``(i) promote cross-sector collaboration, public-
private partnerships, or the provision of interim financing
or seed capital for program implementation;
``(ii) exhibit collaborative innovation and
entrepreneurship, particularly within a public-private
partnership; and
``(iii) represent a broad coalition of interests
described in section 385D(a);
``(C) include a strategy to leverage public non-Federal and
private funds and existing assets, including agricultural,
natural resource, and public infrastructure assets, with
substantial emphasis placed on the existence of real financial
commitments to leverage available funds;
``(D) create quality jobs;
``(E) enhance the role, relevance, and leveraging potential
of community and regional foundations in support of regional
investment strategies;
``(F) demonstrate a history, or involve organizations with
a history, of successful leveraging of capital for economic
development and public purposes;
``(G) address gaps in existing basic services, including
technology, within a region;
``(H) address economic diversification, including
agricultural and non-agriculturally based economies, within a
regional framework;
``(I) improve the overall quality of life in the region;
``(J) enhance the potential to expand economic development
successes across diverse stakeholder groups within the region;
``(K) include an effective working relationship with 1 or
more institutions of higher education, tribally controlled
colleges or universities, or tribal technical institutions;
``(L) help to meet the other regional competitiveness needs
identified by a Regional Board; or
``(M) protect and promote rural heritage.
``(f) Uses.--
``(1) Leverage.--A Regional Board shall prioritize projects and
initiatives carried out using funds from a regional innovation
grant provided under this section, based in part on the degree to
which members of the Regional Board are able to leverage additional
funds for the implementation of the projects.
``(2) Purposes.--A Regional Board may use a regional innovation
grant--
``(A) to support the development of critical infrastructure
(including technology deployment and services) necessary to
facilitate the competitiveness of a region;
``(B) to provide assistance to entities within the region
that provide essential public and community services;
``(C) to enhance the value-added production, marketing, and
use of agricultural and natural resources within the region,
including activities relating to renewable and alternative
energy production and usage;
``(D) to assist with entrepreneurship, job training,
workforce development, housing, educational, or other quality
of life services or needs, relating to the development and
maintenance of strong local and regional economies;
``(E) to assist in the development of unique new
collaborations that link public, private, and philanthropic
resources, including community foundations;
``(F) to provide support for business and entrepreneurial
investment, strategy, expansion, and development, including
feasibility strategies, technical assistance, peer networks,
business development funds, and other activities to strengthen
the economic competitiveness of the region;
``(G) to provide matching funds to enable community
foundations located within the region to build endowments which
provide permanent philanthropic resources to implement a
regional investment strategy; and
``(H) to preserve and promote rural heritage.
``(3) Availability of funds.--The funds made available to a
Regional Board or any other eligible grantee through a regional
innovation grant shall remain available for the 7-year period
beginning on the date on which the award is provided, on the
condition that the Regional Board or other grantee continues to be
certified by the Secretary as making adequate progress toward
achieving established benchmarks.
``(g) Cost Sharing.--
``(1) Waiver of grantee share.--The Secretary may waive the
share of a grantee of the costs of a project funded by a regional
innovation grant under this section if the Secretary determines
that such a waiver is appropriate, including with respect to
special circumstances within tribal regions, in the event an area
experiences--
``(A) a sudden or severe economic dislocation;
``(B) significant chronic unemployment or poverty;
``(C) a natural disaster; or
``(D) other severe economic, social, or cultural duress.
``(2) Other federal programs.--For the purpose of determining
cost-sharing requirements for any other Federal program, funds
provided as a regional innovation grant under this section shall be
considered to be non-Federal funds.
``(h) Noncompliance.--If a Regional Board or other eligible grantee
fails to comply with any requirement relating to the use of funds
provided under this section, the Secretary may--
``(1) take such actions as are necessary to obtain
reimbursement of unused grant funds; and
``(2) reprogram the recaptured funds for purposes relating to
implementation of this subtitle.
``(i) Priority to Areas With Awards and Approved Strategies.--
``(1) In general.--Subject to paragraph (3), in providing rural
development assistance under other programs, the Secretary shall
give a high priority to areas that receive innovation grants under
this section.
``(2) Consultation.--The Secretary shall consult with the heads
of other Federal agencies to promote the development of priorities
similar to those described in paragraph (1).
``(3) Exclusion of certain programs.--Paragraph (1) shall not
apply to the provision of rural development assistance under any
program relating to basic health, safety, or infrastructure,
including broadband deployment or minimum environmental needs.
``SEC. 385G. RURAL ENDOWMENT LOANS PROGRAM.
``(a) In General.--The Secretary may provide long-term loans to
eligible community foundations to assist in the implementation of
regional investment strategies.
``(b) Eligible Community Foundations.--To be eligible to receive a
loan under this section, a community foundation shall--
``(1) be located in an area that is covered by a regional
investment strategy;
``(2) match the amount of the loan with an amount that is at
least 250 percent of the amount of the loan; and
``(3) use the loan and the matching amount to carry out the
regional investment strategy in a manner that is targeted to
community and economic development, including through the
development of community foundation endowments.
``(c) Terms.--A loan made under this section shall--
``(1) have a term of not less than 10, nor more than 20, years;
``(2) bear an interest rate of 1 percent per annum; and
``(3) be subject to such other terms and conditions as are
determined appropriate by the Secretary.
``SEC. 385H. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subtitle $135,000,000 for the period of fiscal years 2009 through
2012.''.
SEC. 6029. FUNDING OF PENDING RURAL DEVELOPMENT LOAN AND GRANT
APPLICATIONS.
(a) Definition of Application.--In this section, the term
``application'' does not include an application for a loan or grant
that, as of the date of enactment of this Act, is in the preapplication
phase of consideration under regulations of the Secretary in effect on
the date of enactment of this Act.
(b) Use of Funds.--Subject to subsection (c), the Secretary shall
use funds made available under subsection (d) to provide funds for
applications that are pending on the date of enactment of this Act
for--
(1) water or waste disposal grants or direct loans under
paragraph (1) or (2) of section 306(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)); and
(2) emergency community water assistance grants under section
306A of that Act (7 U.S.C. 1926a).
(c) Limitations.--
(1) Appropriated amounts.--Funds made available under this
section shall be available to the Secretary to provide funds for
applications for loans and grants described in subsection (b) that
are pending on the date of enactment of this Act only to the extent
that funds for the loans and grants appropriated in the annual
appropriations Act for fiscal year 2007 have been exhausted.
(2) Program requirements.--The Secretary may use funds made
available under this section to provide funds for a pending
application for a loan or grant described in subsection (b) only if
the Secretary processes, reviews, and approves the application in
accordance with regulations in effect on the date of enactment of
this Act.
(3) Priority.--In providing funding under this section for
pending applications for loans or grants described in subsection
(b), the Secretary shall provide funding in the following order of
priority (until funds made available under this section are
exhausted):
(A) Pending applications for water systems.
(B) Pending applications for waste disposal systems.
(d) Funding.--Notwithstanding any other provision of law, of the
funds of the Commodity Credit Corporation, the Secretary shall use to
carry out this section $120,000,000, to remain available until
expended.
Subtitle B--Rural Electrification Act of 1936
SEC. 6101. ENERGY EFFICIENCY PROGRAMS.
Sections 2(a) and 4 of the Rural Electrification Act of 1936 (7
U.S.C. 902(a), 904) are amended by inserting ``efficiency and'' before
``conservation'' each place it appears.
SEC. 6102. REINSTATEMENT OF RURAL UTILITY SERVICES DIRECT LENDING.
(a) In General.--Section 4 of the Rural Electrification Act of 1936
(7 U.S.C. 904) is amended--
(1) by designating the first, second, and third sentences as
subsections (a), (b), and (d), respectively; and
(2) by inserting after subsection (b) (as so designated) the
following:
``(c) Direct Loans.--
``(1) Direct hardship loans.--Direct hardship loans under this
section shall be for the same purposes and on the same terms and
conditions as hardship loans made under section 305(c)(1).
``(2) Other direct loans.--All other direct loans under this
section shall bear interest at a rate equal to the then current
cost of money to the Government of the United States for loans of
similar maturity, plus \1/8\ of 1 percent.''.
(b) Elimination of Federal Financing Bank Guaranteed Loans.--
Section 306 of the Rural Electrification Act of 1936 (7 U.S.C. 936) is
amended--
(1) in the third sentence, by striking ``guarantee,
accommodation, or subordination'' and inserting ``accommodation or
subordination''; and
(2) by striking the fourth sentence.
SEC. 6103. DEFERMENT OF PAYMENTS TO ALLOWS LOANS FOR IMPROVED ENERGY
EFFICIENCY AND DEMAND REDUCTION AND FOR ENERGY EFFICIENCY AND USE
AUDITS.
Section 12 of the Rural Electrification Act of 1936 (7 U.S.C. 912)
is amended by adding at the end the following:
``(c) Deferment of Payments on Loans.--
``(1) In general.--The Secretary shall allow borrowers to defer
payment of principal and interest on any direct loan made under
this Act to enable the borrower to make loans to residential,
commercial, and industrial consumers--
``(A) to conduct energy efficiency and use audits; and
``(B) to install energy efficient measures or devices that
reduce the demand on electric systems.
``(2) Amount.--The total amount of a deferment under this
subsection shall not exceed the sum of the principal and interest
on the loans made to a customer of the borrower, as determined by
the Secretary.
``(3) Term.--The term of a deferment under this subsection
shall not exceed 60 months.''.
SEC. 6104. RURAL ELECTRIFICATION ASSISTANCE.
Section 13 of the Rural Electrification Act of 1936 (7 U.S.C. 913)
is amended to read as follows:
``SEC. 13. DEFINITIONS.
``In this Act:
``(1) Farm.--The term `farm' means a farm, as defined by the
Bureau of the Census.
``(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) Rural area.--Except as provided otherwise in this Act,
the term `rural area' means the farm and nonfarm population of--
``(A) any area described in section 343(a)(13)(C) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1991(a)(13)(C)); and
``(B) any area within a service area of a borrower for
which a borrower has an outstanding loan made under titles I
through V as of the date of enactment of this paragraph.
``(4) Territory.--The term `territory' includes any insular
possession of the United States.
``(5) Secretary.--The term `Secretary' means the Secretary of
Agriculture.''.
SEC. 6105. SUBSTANTIALLY UNDERSERVED TRUST AREAS.
The Rural Electrification Act of 1936 is amended by inserting after
section 306E (7 U.S.C. 936e) the following:
``SEC. 306F. SUBSTANTIALLY UNDERSERVED TRUST AREAS.
``(a) Definitions.--In this section:
``(1) Eligible program.--The term `eligible program' means a
program administered by the Rural Utilities Service and authorized
in--
``(A) this Act; or
``(B) paragraph (1), (2), (14), (22), or (24) of section
306(a) or section 306A, 306C, 306D, or 306E of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926(a), 1926a, 1926c,
1926d, 1926e).
``(2) Substantially underserved trust area.--The term
`substantially underserved trust area' means a community in `trust
land' (as defined in section 3765 of title 38, United States Code)
with respect to which the Secretary determines has a high need for
the benefits of an eligible program.
``(b) Initiative.--The Secretary, in consultation with local
governments and Federal agencies, may implement an initiative to
identify and improve the availability of eligible programs in
communities in substantially underserved trust areas.
``(c) Authority of Secretary.--In carrying out subsection (b), the
Secretary--
``(1) may make available from loan or loan guarantee programs
administered by the Rural Utilities Service to qualified utilities
or applicants financing with an interest rate as low as 2 percent,
and with extended repayment terms;
``(2) may waive nonduplication restrictions, matching fund
requirements, or credit support requirements from any loan or grant
program administered by the Rural Utilities Service to facilitate
the construction, acquisition, or improvement of infrastructure;
``(3) may give the highest funding priority to designated
projects in substantially underserved trust areas; and
``(4) shall only make loans or loan guarantees that are found
to be financially feasible and that provide eligible program
benefits to substantially underserved trust areas.
``(d) Report.--Not later than 1 year after the date of enactment of
this section and annually thereafter, the Secretary shall submit to
Congress a report that describes--
``(1) the progress of the initiative implemented under
subsection (b); and
``(2) recommendations for any regulatory or legislative changes
that would be appropriate to improve services to substantially
underserved trust areas.''.
SEC. 6106. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION OR
TELEPHONE PURPOSES.
(a) In General.--Section 313A of the Rural Electrification Act of
1936 (7 U.S.C. 940c-1) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``for electrification''
and all that follows through the end and inserting ``for
eligible electrification or telephone purposes consistent with
this Act.''; and
(B) by striking paragraph (4) and inserting the following:
``(4) Annual amount.--The total amount of guarantees provided
by the Secretary under this section during a fiscal year shall not
exceed $1,000,000,000, subject to the availability of funds under
subsection (e).'';
(2) in subsection (c), by striking paragraphs (2) and (3) and
inserting the following:
``(2) Amount.--
``(A) In general.--The amount of the annual fee paid for
the guarantee of a bond or note under this section shall be
equal to 30 basis points of the amount of the unpaid principal
of the bond or note guaranteed under this section.
``(B) Prohibition.--Except as otherwise provided in this
subsection and subsection (e)(2), no other fees shall be
assessed.
``(3) Payment.--
``(A) In general.--A lender shall pay the fees required
under this subsection on a semiannual basis.
``(B) Structured schedule.--The Secretary shall, with the
consent of the lender, structure the schedule for payment of
the fee to ensure that sufficient funds are available to pay
the subsidy costs for note or bond guarantees as provided for
in subsection (e)(2).''; and
(3) in subsection (f), by striking ``2007'' and inserting
``2012''.
(b) Administration.--The Secretary shall continue to carry out
section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c-1)
in the same manner as on the day before the date of enactment of this
Act, except without regard to the limitations prescribed in subsection
(b)(1) of that section, until such time as any regulations necessary to
carry out the amendments made by this section are fully implemented.
SEC. 6107. EXPANSION OF 911 ACCESS.
Section 315 of the Rural Electrification Act of 1936 (7 U.S.C.
940e) is amended to read as follows:
``SEC. 315. EXPANSION OF 911 ACCESS.
``(a) In General.--Subject to subsection (c) and such terms and
conditions as the Secretary may prescribe, the Secretary may make loans
under this title to entities eligible to borrow from the Rural
Utilities Service, State or local governments, Indian tribes (as
defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)), or other public entities for
facilities and equipment to expand or improve in rural areas--
``(1) 911 access;
``(2) integrated interoperable emergency communications,
including multiuse networks that provide commercial or
transportation information services in addition to emergency
communications services;
``(3) homeland security communications;
``(4) transportation safety communications; or
``(5) location technologies used outside an urbanized area.
``(b) Loan Security.--Government-imposed fees related to emergency
communications (including State or local 911 fees) may be considered to
be security for a loan under this section.
``(c) Emergency Communications Equipment Providers.--The Secretary
may make a loan under this section to an emergency communication
equipment provider to expand or improve 911 access or other
communications or technologies described in subsection (a) if the local
government that has jurisdiction over the project is not allowed to
acquire the debt resulting from the loan.
``(d) Authorization of Appropriations.--The Secretary shall use to
make loans under this section any funds otherwise made available for
telephone loans for each of fiscal years 2008 through 2012.''.
SEC. 6108. ELECTRIC LOANS FOR RENEWABLE ENERGY.
Title III of the Rural Electrification Act of 1936 is amended by
inserting after section 316 (7 U.S.C. 940f) the following:
``SEC. 317. ELECTRIC LOANS FOR RENEWABLE ENERGY.
``(a) Definition of Renewable Energy Source.--In this section, the
term `renewable energy source' means an energy conversion system fueled
from a solar, wind, hydropower, biomass, or geothermal source of
energy.
``(b) Loans.--In addition to any other funds or authorities
otherwise made available under this Act, the Secretary may make
electric loans under this title for electric generation from renewable
energy resources for resale to rural and nonrural residents.
``(c) Rate.--The rate of a loan under this section shall be equal
to the average tax-exempt municipal bond rate of similar maturities.''.
SEC. 6109. BONDING REQUIREMENTS.
Title III of the Rural Electrification Act of 1936 is amended by
inserting after section 317 (as added by section 6108) the following:
``SEC. 318. BONDING REQUIREMENTS.
``The Secretary shall review the bonding requirements for all
programs administered by the Rural Utilities Service under this Act to
ensure that bonds are not required if--
``(1) the interests of the Secretary are adequately protected
by product warranties; or
``(2) the costs or conditions associated with a bond exceed the
benefit of the bond.''.
SEC. 6110. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL
AREAS.
(a) In General.--Section 601 of the Rural Electrification Act of
1936 (7 U.S.C. 950bb) is amended to read as follows:
``SEC. 601. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN
RURAL AREAS.
``(a) Purpose.--The purpose of this section is to provide loans and
loan guarantees to provide funds for the costs of the construction,
improvement, and acquisition of facilities and equipment for broadband
service in rural areas.
``(b) Definitions.--In this section:
``(1) Broadband service.--The term `broadband service' means
any technology identified by the Secretary as having the capacity
to transmit data to enable a subscriber to the service to originate
and receive high-quality voice, data, graphics, and video.
``(2) Incumbent service provider.--The term `incumbent service
provider', with respect to an application submitted under this
section, means an entity that, as of the date of submission of the
application, is providing broadband service to not less than 5
percent of the households in the service territory proposed in the
application.
``(3) Rural area.--
``(A) In general.--The term `rural area' means any area
other than--
``(i) an area described in clause (i) or (ii) of
section 343(a)(13)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(13)(A)); and
``(ii) a city, town, or incorporated area that has a
population of greater than 20,000 inhabitants.
``(B) Urban area growth.--The Secretary may, by regulation
only, consider an area described in section 343(a)(13)(F)(i)(I)
of that Act to not be a rural area for purposes of this
section.
``(c) Loans and Loan Guarantees.--
``(1) In general.--The Secretary shall make or guarantee loans
to eligible entities described in subsection (d) to provide funds
for the construction, improvement, or acquisition of facilities and
equipment for the provision of broadband service in rural areas.
``(2) Priority.--In making or guaranteeing loans under
paragraph (1), the Secretary shall give the highest priority to
applicants that offer to provide broadband service to the greatest
proportion of households that, prior to the provision of the
broadband service, had no incumbent service provider.
``(d) Eligibility.--
``(1) Eligible entities.--
``(A) In general.--To be eligible to obtain a loan or loan
guarantee under this section, an entity shall--
``(i) demonstrate the ability to furnish, improve, or
extend a broadband service to a rural area;
``(ii) submit to the Secretary a loan application at
such time, in such manner, and containing such information
as the Secretary may require; and
``(iii) agree to complete buildout of the broadband
service described in the loan application by not later than
3 years after the initial date on which proceeds from the
loan made or guaranteed under this section are made
available.
``(B) Limitation.--An eligible entity that provides
telecommunications or broadband service to at least 20 percent
of the households in the United States may not receive an
amount of funds under this section for a fiscal year in excess
of 15 percent of the funds authorized and appropriated under
subsection (k) for the fiscal year.
``(2) Eligible projects.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), the proceeds of a loan made or guaranteed under this
section may be used to carry out a project in a proposed
service territory only if, as of the date on which the
application for the loan or loan guarantee is submitted--
``(i) not less than 25 percent of the households in the
proposed service territory is offered broadband service by
not more than 1 incumbent service provider; and
``(ii) broadband service is not provided in any part of
the proposed service territory by 3 or more incumbent
service providers.
``(B) Exception to 25 percent requirement.--Subparagraph
(A)(i) shall not apply to the proposed service territory of a
project if a loan or loan guarantee has been made under this
section to the applicant to provide broadband service in the
proposed service territory.
``(C) Exception to 3 or more incumbent service provider
requirement.--
``(i) In general.--Except as provided in clause (ii),
subparagraph (A)(ii) shall not apply to an incumbent
service provider that is upgrading broadband service to the
existing territory of the incumbent service provider.
``(ii) Exception.--Clause (i) shall not apply if the
applicant is eligible for funding under another title of
this Act.
``(3) Equity and market survey requirements.--
``(A) In general.--The Secretary may require an entity to
provide a cost share in an amount not to exceed 10 percent of
the amount of the loan or loan guarantee requested in the
application of the entity, unless the Secretary determines that
a higher percentage is required for financial feasibility.
``(B) Market survey.--
``(i) In general.--The Secretary may require an entity
that proposes to have a subscriber projection of more than
20 percent of the broadband service market in a rural area
to submit to the Secretary a market survey.
``(ii) Less than 20 percent.--The Secretary may not
require an entity that proposes to have a subscriber
projection of less than 20 percent of the broadband service
market in a rural area to submit to the Secretary a market
survey.
``(4) State and local governments and indian tribes.--Subject
to paragraph (1), a State or local government (including any
agency, subdivision, or instrumentality thereof (including
consortia thereof)) and an Indian tribe shall be eligible for a
loan or loan guarantee under this section to provide broadband
services to a rural area.
``(5) Notice requirement.--The Secretary shall publish a notice
of each application for a loan or loan guarantee under this section
describing the application, including--
``(A) the identity of the applicant;
``(B) each area proposed to be served by the applicant; and
``(C) the estimated number of households without
terrestrial-based broadband service in those areas.
``(6) Paperwork reduction.--The Secretary shall take steps to
reduce, to the maximum extent practicable, the cost and paperwork
associated with applying for a loan or loan guarantee under this
section by first-time applicants (particularly first-time
applicants who are small and start-up broadband service providers),
including by providing for a new application that maintains the
ability of the Secretary to make an analysis of the risk associated
with the loan involved.
``(7) Preapplication process.--The Secretary shall establish a
process under which a prospective applicant may seek a
determination of area eligibility prior to preparing a loan
application under this section.
``(e) Broadband Service.--
``(1) In general.--The Secretary shall, from time to time as
advances in technology warrant, review and recommend modifications
of rate-of-data transmission criteria for purposes of the
identification of broadband service technologies under subsection
(b)(1).
``(2) Prohibition.--The Secretary shall not establish
requirements for bandwidth or speed that have the effect of
precluding the use of evolving technologies appropriate for rural
areas.
``(f) Technological Neutrality.--For purposes of determining
whether to make a loan or loan guarantee for a project under this
section, the Secretary shall use criteria that are technologically
neutral.
``(g) Terms and Conditions for Loans and Loan Guarantees.--
``(1) In general.--Notwithstanding any other provision of law,
a loan or loan guarantee under this section shall--
``(A) bear interest at an annual rate of, as determined by
the Secretary--
``(i) in the case of a direct loan, a rate equivalent
to--
``(I) the cost of borrowing to the Department of
the Treasury for obligations of comparable maturity; or
``(II) 4 percent; and
``(ii) in the case of a guaranteed loan, the current
applicable market rate for a loan of comparable maturity;
and
``(B) have a term of such length, not exceeding 35 years,
as the borrower may request, if the Secretary determines that
the loan is adequately secured.
``(2) Term.--In determining the term of a loan or loan
guarantee, the Secretary shall consider whether the recipient is or
would be serving an area that is not receiving broadband services.
``(3) Recurring revenue.--The Secretary shall consider the
existing recurring revenues of the entity at the time of
application in determining an adequate level of credit support.
``(h) Adequacy of Security.--
``(1) In general.--The Secretary shall ensure that the type and
amount of, and method of security used to secure, any loan or loan
guarantee under this section is commensurate to the risk involved
with the loan or loan guarantee, particularly in any case in which
the loan or loan guarantee is issued to a financially strong and
stable entity, as determined by the Secretary.
``(2) Determination of amount and method of security.--In
determining the amount of, and method of security used to secure, a
loan or loan guarantee under this section, the Secretary shall
consider reducing the security in a rural area that does not have
broadband service.
``(i) Use of Loan Proceeds to Refinance Loans for Deployment of
Broadband Service.--Notwithstanding any other provision of this Act,
the proceeds of any loan made or guaranteed by the Secretary under this
Act may be used by the recipient of the loan for the purpose of
refinancing an outstanding obligation of the recipient on another
telecommunications loan made under this Act if the use of the proceeds
for that purpose will support the construction, improvement, or
acquisition of facilities and equipment for the provision of broadband
service in rural areas.
``(j) Reports.--Not later than 1 year after the date of enactment
of the Food, Conservation, and Energy Act of 2008, and annually
thereafter, the Administrator shall submit to Congress a report that
describes the extent of participation in the loan and loan guarantee
program under this section for the preceding fiscal year, including a
description of --
``(1) the number of loans applied for and provided under this
section;
``(2)(A) the communities proposed to be served in each loan
application submitted for the fiscal year; and
``(B) the communities served by projects funded by loans and
loan guarantees provided under this section;
``(3) the period of time required to approve each loan
application under this section;
``(4) any outreach activities carried out by the Secretary to
encourage entities in rural areas without broadband service to
submit applications under this section;
``(5) the method by which the Secretary determines that a
service enables a subscriber to originate and receive high-quality
voice, data, graphics, and video for purposes of subsection (b)(1);
and
``(6) each broadband service, including the type and speed of
broadband service, for which assistance was sought, and each
broadband service for which assistance was provided, under this
section.
``(k) Funding.--
``(1) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
$25,000,000 for each of fiscal years 2008 through 2012, to remain
available until expended.
``(2) Allocation of funds.--
``(A) In general.--From amounts made available for each
fiscal year under this subsection, the Secretary shall--
``(i) establish a national reserve for loans and loan
guarantees to eligible entities in States under this
section; and
``(ii) allocate amounts in the reserve to each State
for each fiscal year for loans and loan guarantees to
eligible entities in the State.
``(B) Amount.--The amount of an allocation made to a State
for a fiscal year under subparagraph (A) shall bear the same
ratio to the amount of allocations made for all States for the
fiscal year as--
``(i) the number of communities with a population of
2,500 inhabitants or less in the State; bears to
``(ii) the number of communities with a population of
2,500 inhabitants or less in all States.
``(C) Unobligated amounts.--Any amounts in the reserve
established for a State for a fiscal year under subparagraph
(B) that are not obligated by April 1 of the fiscal year shall
be available to the Secretary to make loans and loan guarantees
under this section to eligible entities in any State, as
determined by the Secretary.
``(l) Termination of Authority.--No loan or loan guarantee may be
made under this section after September 30, 2012.''.
(b) Regulations.--The Secretary may implement the amendment made by
subsection (a) through the promulgation of an interim regulation.
(c) Application.--The amendment made by subsection (a) shall not
apply to--
(1) an application submitted under section 601 of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb) (as it existed before
the amendment made by subsection (a)) that--
(A) was pending on the date that is 45 days prior to the
date of enactment of this Act; and
(B) is pending on the date of enactment of this Act; or
(2) a petition for reconsideration of a decision on an
application described in paragraph (1).
SEC. 6111. NATIONAL CENTER FOR RURAL TELECOMMUNICATIONS ASSESSMENT.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb
et seq.) is amended by adding at the end the following:
``SEC. 602. NATIONAL CENTER FOR RURAL TELECOMMUNICATIONS
ASSESSMENT.
``(a) Designation of Center.--The Secretary shall designate an
entity to serve as the National Center for Rural Telecommunications
Assessment (referred to in this section as the `Center').
``(b) Criteria.--In designating the Center under subsection (a),
the Secretary shall take into consideration the following criteria:
``(1) The Center shall be an entity that demonstrates to the
Secretary--
``(A) a focus on rural policy research; and
``(B) a minimum of 5 years of experience relating to rural
telecommunications research and assessment.
``(2) The Center shall be capable of assessing broadband
services in rural areas.
``(3) The Center shall have significant experience involving
other rural economic development centers and organizations with
respect to the assessment of rural policies and the formulation of
policy solutions at the Federal, State, and local levels.
``(c) Board of Directors.--The Center shall be managed by a board
of directors, which shall be responsible for the duties of the Center
described in subsection (d).
``(d) Duties.--The Center shall--
``(1) assess the effectiveness of programs carried out under
this title in increasing broadband penetration and purchase in
rural areas, especially in rural communities identified by the
Secretary as having no broadband service before the provision of a
loan or loan guarantee under this title;
``(2) work with existing rural development centers selected by
the Center to identify policies and initiatives at the Federal,
State, and local levels that have increased broadband penetration
and purchase in rural areas and provide recommendations to Federal,
State, and local policymakers on effective strategies to bring
affordable broadband services to residents of rural areas,
particularly residents located outside of the municipal boundaries
of a rural city or town; and
``(3) develop and publish reports describing the activities
carried out by the Center under this section.
``(e) Reporting Requirements.--Not later than December 1 of each
applicable fiscal year, the board of directors of the Center shall
submit to Congress and the Secretary a report describing the activities
carried out by the Center during the preceding fiscal year and the
results of any research conducted by the Center during that fiscal
year, including--
``(1) an assessment of each program carried out under this
title; and
``(2) an assessment of the effects of the policy initiatives
identified under subsection (d)(2).
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $1,000,000 for
each of fiscal years 2008 through 2012.''.
SEC. 6112. COMPREHENSIVE RURAL BROADBAND STRATEGY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Chairman of the Federal Communications Commission, in
coordination with the Secretary, shall submit to Congress a report
describing a comprehensive rural broadband strategy that includes--
(1) recommendations--
(A) to promote interagency coordination of Federal agencies
in regards to policies, procedures, and targeted resources, and
to streamline or otherwise improve and streamline the policies,
programs, and services;
(B) to coordinate existing Federal rural broadband or rural
initiatives;
(C) to address both short- and long-term needs assessments
and solutions for a rapid build-out of rural broadband
solutions and application of the recommendations for Federal,
State, regional, and local government policymakers; and
(D) to identify how specific Federal agency programs and
resources can best respond to rural broadband requirements and
overcome obstacles that currently impede rural broadband
deployment; and
(2) a description of goals and timeframes to achieve the
purposes of the report.
(b) Updates.--The Chairman of the Federal Communications
Commission, in coordination with the Secretary, shall update and
evaluate the report described in subsection (a) during the third year
after the date of enactment of this Act.
SEC. 6113. STUDY ON RURAL ELECTRIC POWER GENERATION.
(a) In General.--The Secretary shall conduct a study on the
electric power generation needs in rural areas of the United States.
(b) Components.--The study shall include an examination of--
(1) generation in various areas in rural areas of the United
States, particularly by rural electric cooperatives;;
(2) financing available for capacity, including financing
available through programs authorized under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.);
(3) the impact of electricity costs on consumers and local
economic development;
(4) the ability of fuel feedstock technology to meet regulatory
requirements, such as carbon capture and sequestration; and
(5) any other factors that the Secretary considers appropriate.
(c) Report.--Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report containing the findings
of the study under this section.
Subtitle C--Miscellaneous
SEC. 6201. DISTANCE LEARNING AND TELEMEDICINE.
(a) In General.--Section 2333(c)(1) of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. Sec. 950aaa-2(a)(1)) is
amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(C) libraries.''.
(b) Authorization of Appropriations.--Section 2335A of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-5) is
amended by striking ``2007'' and inserting ``2012''.
(c) Conforming Amendment.--Section 1(b) of Public Law 102-551 (7
U.S.C. 950aaa note; Public Law 102-551) is amended by striking ``2007''
and inserting ``2012''.
SEC. 6202. VALUE-ADDED AGRICULTURAL MARKET DEVELOPMENT PROGRAM GRANTS.
(a) Definitions.--Section 231 of the Agricultural Risk Protection
Act of 2000 (7 U.S.C. 1621 note; Public Law 106-224) is amended by
striking subsection (a) and inserting the following:
``(a) 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) Family farm.--The term `family farm' has the meaning
given the term in section 761.2 of title 7, Code of Federal
Regulations (as in effect on December 30, 2007).
``(3) Mid-tier value chain.--The term `mid-tier value chain'
means local and regional supply networks that link independent
producers with businesses and cooperatives that market value-added
agricultural products in a manner that--
``(A) targets and strengthens the profitability and
competitiveness of small and medium-sized farms and ranches
that are structured as a family farm; and
``(B) obtains agreement from an eligible agricultural
producer group, farmer or rancher cooperative, or majority-
controlled producer-based business venture that is engaged in
the value chain on a marketing strategy.
``(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) Value-added agricultural product.--The term `value-added
agricultural product' means any agricultural commodity or product
that--
``(A)(i) has undergone a change in physical state;
``(ii) was produced in a manner that enhances the value of
the agricultural commodity or product, as demonstrated through
a business plan that shows the enhanced value, as determined by
the Secretary;
``(iii) is physically segregated in a manner that results
in the enhancement of the value of the agricultural commodity
or product;
``(iv) is a source of farm- or ranch-based renewable
energy, including E-85 fuel; or
``(v) is aggregated and marketed as a locally-produced
agricultural food product; and
``(B) as a result of the change in physical state or the manner
in which the agricultural commodity or product was produced,
marketed, or segregated--
``(i) the customer base for the agricultural commodity or
product is expanded; and
``(ii) a greater portion of the revenue derived from the
marketing, processing, or physical segregation of the
agricultural commodity or product is available to the producer
of the commodity or product.''.
(b) Grant Program.--Section 231(b) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1621 note; Public Law 106-224) is
amended--
(1) in paragraph (1), by striking ``paragraph (4)'' and
inserting ``paragraph (7)''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Term.--A grant under this subsection shall have a term
that does not exceed 3 years.
``(5) Simplified application.--The Secretary shall offer a
simplified application form and process for project proposals
requesting less than $50,000.
``(6) Priority.--In awarding grants under this subsection, the
Secretary shall give priority to projects that contribute to
increasing opportunities for--
``(A) beginning farmers or ranchers;
``(B) socially disadvantaged farmers or ranchers; and
``(C) operators of small- and medium-sized farms and
ranches that are structured as a family farm.
``(7) Funding.--
``(A) Mandatory funding.--On October 1, 2008, of the funds
of the Commodity Credit Corporation, the Secretary shall make
available to carry out this subsection $15,000,000, to remain
available until expended.
``(B) Discretionary funding.--There is authorized to be
appropriated to carry out this subsection $40,000,000 for each
of fiscal years 2008 through 2012.
``(C) Reservation of funds for projects to benefit
beginning farmers or ranchers, socially disadvantaged farmers
or ranchers, and mid-tier value chains.--
``(i) In general.--The Secretary shall reserve 10
percent of the amounts made available for each fiscal year
under this paragraph to fund projects that benefit
beginning farmers or ranchers or socially disadvantaged
farmers or ranchers.
``(ii) Mid-tier value chains.--The Secretary shall
reserve 10 percent of the amounts made available for each
fiscal year under this paragraph to fund applications of
eligible entities described in paragraph (1) that propose
to develop mid-tier value chains.
``(iii) Unobligated amounts.--Any amounts in the
reserves for a fiscal year established under clauses (i)
and (ii) that are not obligated by June 30 of the fiscal
year shall be available to the Secretary to make grants
under this subsection to eligible entities in any State, as
determined by the Secretary.''.
SEC. 6203. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
Section 6402 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1621 note; Public Law 107-171) is amended by striking
subsection (i) and inserting the following:
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $6,000,000 for
each of fiscal years 2008 through 2012.''.
SEC. 6204. RURAL FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE ASSISTANCE
PROGRAM.
Section 6405 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 2655) is amended to read as follows:
``SEC. 6405. RURAL FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE
ASSISTANCE PROGRAM.
``(a) Definition of Emergency Medical Services.--In this section:
``(1) In general.--The term `emergency medical services' means
resources used by a public or nonprofit entity to deliver medical
care outside of a medical facility under emergency conditions that
occur as a result of--
``(A) the condition of a patient; or
``(B) a natural disaster or related condition.
``(2) Inclusion.--The term `emergency medical services'
includes services (whether compensated or volunteer) delivered by
an emergency medical services provider or other provider recognized
by the State involved that is licensed or certified by the State
as--
``(A) an emergency medical technician or the equivalent (as
determined by the State);
``(B) a registered nurse;
``(C) a physician assistant; or
``(D) a physician that provides services similar to
services provided by such an emergency medical services
provider.
``(b) Grants.--The Secretary shall award grants to eligible
entities--
``(1) to enable the entities to provide for improved emergency
medical services in rural areas; and
``(2) to pay the cost of training firefighters and emergency
medical personnel in firefighting, emergency medical practices, and
responding to hazardous materials and bioagents in rural areas.
``(c) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be--
``(A) a State emergency medical services office;
``(B) a State emergency medical services association;
``(C) a State office of rural health or an equivalent
agency;
``(D) a local government entity;
``(E) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b));
``(F) a State or local ambulance provider; or
``(G) any other public or nonprofit entity determined
appropriate by the Secretary; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary may require, that includes--
``(A) a description of the activities to be carried out
under the grant; and
``(B) an assurance that the applicant will comply with the
matching requirement of subsection (f).
``(d) Use of Funds.--An entity shall use amounts received under a
grant made under subsection (b) only in a rural area--
``(1) to hire or recruit emergency medical service personnel;
``(2) to recruit or retain volunteer emergency medical service
personnel;
``(3) to train emergency medical service personnel in emergency
response, injury prevention, safety awareness, or other topics
relevant to the delivery of emergency medical services;
``(4) to fund training to meet State or Federal certification
requirements;
``(5) to provide training for firefighters or emergency medical
personnel for improvements to the training facility, equipment,
curricula, or personnel;
``(6) to develop new ways to educate emergency health care
providers through the use of technology-enhanced educational
methods (such as distance learning);
``(7) to acquire emergency medical services vehicles, including
ambulances;
``(8) to acquire emergency medical services equipment,
including cardiac defibrillators;
``(9) to acquire personal protective equipment for emergency
medical services personnel as required by the Occupational Safety
and Health Administration; or
``(10) to educate the public concerning cardiopulmonary
resuscitation (CPR), first aid, injury prevention, safety
awareness, illness prevention, or other related emergency
preparedness topics.
``(e) Preference.--In awarding grants under this section, the
Secretary shall give preference to--
``(1) applications that reflect a collaborative effort by 2 or
more of the entities described in subparagraphs (A) through (G) of
subsection (c)(1); and
``(2) applications submitted by entities that intend to use
amounts provided under the grant to fund activities described in
any of paragraphs (1) through (5) of subsection (d).
``(f) Matching Requirement.--The Secretary may not make a grant
under this section to an entity unless the entity makes available
(directly or through contributions from other public or private
entities) non-Federal contributions toward the activities to be carried
out under the grant in an amount equal to at least 5 percent of the
amount received under the grant.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section not more than $30,000,000
for each of fiscal years 2008 through 2012.
``(2) Administrative costs.--Not more than 5 percent of the
amount appropriated under paragraph (1) for a fiscal year may be
used for administrative expenses incurred in carrying out this
section.''.
SEC. 6205. INSURANCE OF LOANS FOR HOUSING AND RELATED FACILITIES FOR
DOMESTIC FARM LABOR.
Section 514(f)(3) of the Housing Act of 1949 (42 U.S.C. 1484(f)(3))
is amended by striking ``or the handling of such commodities in the
unprocessed stage'' and inserting ``, the handling of agricultural or
aquacultural commodities in the unprocessed stage, or the processing of
agricultural or aquacultural commodities''.
SEC. 6206. STUDY OF RURAL TRANSPORTATION ISSUES.
(a) In General.--The Secretary of Agriculture and the Secretary of
Transportation shall jointly conduct a study of transportation issues
regarding the movement of agricultural products, domestically produced
renewable fuels, and domestically produced resources for the production
of electricity for rural areas of the United States, and economic
development in those areas.
(b) Inclusions.--The study shall include an examination of--
(1) the importance of freight transportation, including rail,
truck, and barge, to--
(A) the delivery of equipment, seed, fertilizer, and other
such products important to the development of agricultural
commodities and products;
(B) the movement of agricultural commodities and products
to market;
(C) the delivery of ethanol and other renewable fuels;
(D) the delivery of domestically produced resources for use
in the generation of electricity for rural areas;
(E) the location of grain elevators, ethanol plants, and
other facilities;
(F) the development of manufacturing facilities in rural
areas; and
(G) the vitality and economic development of rural
communities;
(2) the sufficiency in rural areas of transportation capacity,
the sufficiency of competition in the transportation system, the
reliability of transportation services, and the reasonableness of
transportation rates;
(3) the sufficiency of facility investment in rural areas
necessary for efficient and cost-effective transportation; and
(4) the accessibility to shippers in rural areas of Federal
processes for the resolution of grievances arising within various
transportation modes.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of
Transportation shall submit to Congress a report that contains the
results of the study required by subsection (a).
Subtitle D--Housing Assistance Council
SEC. 6301. SHORT TITLE.
This subtitle may be cited as the ``Housing Assistance Council
Authorization Act of 2008''.
SEC. 6302. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.
(a) Use.--The Secretary of Housing and Urban Development may
provide financial assistance to the Housing Assistance Council for use
by the Council to develop the ability and capacity of community-based
housing development organizations to undertake community development
and affordable housing projects and programs in rural areas. Assistance
provided by the Secretary under this section may be used by the Housing
Assistance Council for--
(1) technical assistance, training, support, research, and
advice to develop the business and administrative capabilities of
rural community-based housing development organizations;
(2) loans, grants, or other financial assistance to rural
community-based housing development organizations to carry out
community development and affordable housing activities for low-
and moderate-income families; and
(3) such other activities as may be determined by the Secretary
of Housing and Urban Development and the Housing Assistance
Council.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for financial assistance under this section for the
Housing Assistance Council $10,000,000 for each of fiscal years 2009
through 2011.
SEC. 6303. AUDITS AND REPORTS.
(a) Audit.--
(1) In general.--The financial transactions and activities of
the Housing Assistance Council shall be audited annually by an
independent certified public accountant or an independent licensed
public accountant certified or licensed by a regulatory authority
of a State or other political subdivision of the United States.
(2) Requirements of audits.--The Comptroller General of the
United States may rely on any audit completed under paragraph (1),
if the audit complies with--
(A) the annual programmatic and financial examination
requirements established in OMB Circular A-133; and
(B) generally accepted government auditing standards.
(3) Report to congress.--The Comptroller General shall submit
to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representative a report detailing each audit completed under
paragraph (1).
(b) GAO Report.--The Comptroller General of the United States shall
conduct a study and submit a report to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representative on the use of any funds
appropriated to the Housing Assistance Council over the past 7 years.
SEC. 6304. PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES.
Aliens who are not lawfully present in the United States shall be
ineligible for financial assistance under this subtitle, as provided
and defined by section 214 of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a). Nothing in this subtitle shall be construed
to alter the restrictions or definitions in such section 214.
SEC. 6305. LIMITATION ON USE OF AUTHORIZED AMOUNTS.
None of the amounts authorized by this subtitle may be used to
lobby or retain a lobbyist for the purpose of influencing a Federal,
State, or local governmental entity or officer.
TITLE VII--RESEARCH AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 7101. DEFINITIONS.
(a) In General.--Section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103) is
amended--
(1) in paragraph (4)--
(A) by redesignating subparagraphs (A) through (E) as
clauses (i) through (v), respectively;
(B) by striking ``(4) The terms'' and inserting the
following:
``(4) College and university.--
``(A) In general.--The terms''; and
(C) by adding at the end the following:
``(B) Inclusions.--The terms `college' and `university'
include a research foundation maintained by a college or
university described in subparagraph (A).'';
(2) by redesignating paragraphs (5) through (8), (9) through
(11), (12) through (14), (15), (16), (17), and (18) as paragraphs
(6) through (9), (11) through (13), (15) through (17), (20), (5),
(18), and (19), respectively, and moving the paragraphs so as to
appear in alphabetical and numerical order;
(3) in paragraph (9) (as redesignated by paragraph (2))--
(A) by striking ``renewable natural resources'' and
inserting ``renewable energy and natural resources''; and
(B) by striking subparagraph (F) and inserting the
following:
``(F) Soil, water, and related resource conservation and
improvement.'';
(4) by inserting after paragraph (9) (as so redesignated) the
following:
``(10) Hispanic-serving agricultural colleges and
universities.--
``(A) In general.--The term `Hispanic-serving agricultural
colleges and universities' means colleges or universities
that--
``(i) qualify as Hispanic-serving institutions; and
``(ii) offer associate, bachelors, or other accredited
degree programs in agriculture-related fields.
``(B) Exception.--The term `Hispanic-serving agricultural
colleges and universities' does not include 1862 institutions
(as defined in section 2 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C.
7601)).'';
(5) by striking paragraph (11) (as so redesignated) and
inserting the following:
``(11) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given the term in section 502
of the Higher Education Act of 1965 (20 U.S.C. 1101a).''; and
(6) by inserting after paragraph (13) (as so redesignated) the
following:
``(14) NLGCA institution; non-land-grant college of
agriculture.--
``(A) In general.--The terms `NLGCA Institution' and `non-
land-grant college of agriculture' mean a public college or
university offering a baccalaureate or higher degree in the
study of agriculture or forestry.
``(B) Exclusions.--The terms `NLGCA Institution' and `non-
land-grant college of agriculture' do not include--
``(i) Hispanic-serving agricultural colleges and
universities; or
``(ii) any institution designated under--
``(I) the Act of July 2, 1862 (commonly known as
the `First Morrill Act'; 7 U.S.C. 301 et seq.);
``(II) the Act of August 30, 1890 (commonly known
as the `Second Morrill Act') (7 U.S.C. 321 et seq.);
``(III) the Equity in Educational Land-Grant Status
Act of 1994 (Public Law 103-382; 7 U.S.C. 301 note); or
``(IV) Public Law 87-788 (commonly known as the
`McIntire-Stennis Cooperative Forestry Act') (16 U.S.C.
582a et seq.).''.
(b) Conforming Amendments.--
(1) Section 2(3) of the Research Facilities Act (7 U.S.C.
390(3)) is amended by striking ``section 1404(8) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3103(8))'' and inserting ``section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3103)''.
(2) Section 2(k) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(k)) is amended in the second
sentence by striking ``section 1404(17) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3103(17))'' and inserting ``section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3103)''.
(3) Section 18(a)(3)(B) of the Food and Nutrition Act of 2008
(7 U.S.C. 2027(a)(3)(B)) is amended by striking ``section 1404(5)
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103(5)))'' and inserting ``section
1404 of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103))''.
(4) Section 1473 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319) is
amended in the first sentence by striking ``section 1404(16) of
this title'' and inserting ``section 1404(18)''.
(5) Section 1619(b) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5801(b)) is amended--
(A) in paragraph (1), by striking ``section 1404(17) of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103(17))'' and inserting ``section 1404
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)'';
(B) in paragraph (5), by striking ``section 1404(7) of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103(7))'' and inserting ``section 1404
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)''; and
(C) in paragraph (8), by striking ``section 1404(13) of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103(13))'' and inserting ``section 1404
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)''.
(6) Section 125(c)(1)(C) of Public Law 100-238 (5 U.S.C. 8432
note) is amended by striking ``section 1404(5) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3103(5))'' and inserting ``section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3103)''.
SEC. 7102. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND
ECONOMICS ADVISORY BOARD.
(a) In General.--Section 1408 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``31'' and inserting
``25''; and
(B) by striking paragraph (3) and inserting the following:
``(3) Membership categories.--The Advisory Board shall consist
of members from each of the following categories:
``(A) 1 member representing a national farm organization.
``(B) 1 member representing farm cooperatives.
``(C) 1 member actively engaged in the production of a food
animal commodity, recommended by a coalition of national
livestock organizations.
``(D) 1 member actively engaged in the production of a
plant commodity, recommended by a coalition of national crop
organizations.
``(E) 1 member actively engaged in aquaculture, recommended
by a coalition of national aquacultural organizations.
``(F) 1 member representing a national food animal science
society.
``(G) 1 member representing a national crop, soil,
agronomy, horticulture, plant pathology, or weed science
society.
``(H) 1 member representing a national food science
organization.
``(I) 1 member representing a national human health
association.
``(J) 1 member representing a national nutritional science
society.
``(K) 1 member representing the land-grant colleges and
universities eligible to receive funds under the Act of July 2,
1862 (7 U.S.C. 301 et seq.).
``(L) 1 member representing the land-grant colleges and
universities eligible to receive funds under the Act of August
30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University.
``(M) 1 member representing the 1994 Institutions (as
defined in section 532 of the Equity in Educational Land-Grant
Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)).
``(N) 1 member representing NLGCA Institutions.
``(O) 1 member representing Hispanic-serving institutions.
``(P) 1 member representing the American Colleges of
Veterinary Medicine.
``(Q) 1 member engaged in the transportation of food and
agricultural products to domestic and foreign markets.
``(R) 1 member representing food retailing and marketing
interests.
``(S) 1 member representing food and fiber processors.
``(T) 1 member actively engaged in rural economic
development.
``(U) 1 member representing a national consumer interest
group.
``(V) 1 member representing a national forestry group.
``(W) 1 member representing a national conservation or
natural resource group.
``(X) 1 member representing private sector organizations
involved in international development.
``(Y) 1 member representing a national social science
association.'';
(2) in subsection (g)(1), by striking ``$350,000'' and
inserting ``$500,000''; and
(3) in subsection (h), by striking ``2007'' and inserting
``2012''.
(b) No Effect on Terms.--Nothing in this section or any amendment
made by this section affects the term of any member of the National
Agricultural Research, Extension, Education, and Economics Advisory
Board serving as of the date of enactment of this Act.
SEC. 7103. SPECIALTY CROP COMMITTEE REPORT.
Section 1408A(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123a(c)) is amended by
adding at the end the following:
``(4) Analyses of changes in macroeconomic conditions,
technologies, and policies on specialty crop production and
consumption, with particular focus on the effect of those changes
on the financial stability of producers.
``(5) Development of data that provide applied information
useful to specialty crop growers, their associations, and other
interested beneficiaries in evaluating that industry from a
regional and national perspective.''.
SEC. 7104. RENEWABLE ENERGY COMMITTEE.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1408A (7 U.S.C.
3123a) the following:
``SEC. 1408B. RENEWABLE ENERGY COMMITTEE.
``(a) Initial Members.--Not later than 90 days after the date of
enactment of this section, the executive committee of the Advisory
Board shall establish and appoint the initial members of a permanent
renewable energy committee.
``(b) Duties.--The permanent renewable energy committee shall study
the scope and effectiveness of research, extension, and economics
programs affecting the renewable energy industry.
``(c) Nonadvisory Board Members.--
``(1) In general.--An individual who is not a member of the
Advisory Board may be appointed as a member of the renewable energy
committee.
``(2) Service.--A member of the renewable energy committee
shall serve at the discretion of the executive committee.
``(d) Report by Renewable Energy Committee.--Not later than 180
days after the date of establishment of the renewable energy committee,
and annually thereafter, the renewable energy committee shall submit to
the Advisory Board a report that contains the findings and any
recommendations of the renewable energy committee with respect to the
study conducted under subsection (b).
``(e) Consultation.--In carrying out the duties described in
subsection (b), the renewable energy committee shall consult with the
Biomass Research and Development Technical Advisory Committee
established under section 9008(d) of the Biomass Research and
Development Act of 2000 (7 U.S.C. 8605).
``(f) Matters To Be Considered in Budget Recommendation.--In
preparing the annual budget recommendations for the Department, the
Secretary shall take into consideration those findings and
recommendations contained in the most recent report of the renewable
energy committee under subsection (d) that are developed by the
Advisory Committee.
``(g) Report by the Secretary.--In the budget material submitted to
Congress by the Secretary in connection with the budget submitted
pursuant to section 1105 of title 31, United States Code, for a fiscal
year, the Secretary shall include a report that describes the ways in
which the Secretary addressed each recommendation of the renewable
energy committee described in subsection (f).''.
SEC. 7105. VETERINARY MEDICINE LOAN REPAYMENT.
(a) In General.--Section 1415A of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151a)
is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Determination of Veterinarian Shortage Situations.--In
determining `veterinarian shortage situations', the Secretary may
consider--
``(1) geographical areas that the Secretary determines have a
shortage of veterinarians; and
``(2) areas of veterinary practice that the Secretary
determines have a shortage of veterinarians, such as food animal
medicine, public health, epidemiology, and food safety.'';
(2) in subsection (c), by adding at the end the following:
``(8) Priority.--In administering the program, the Secretary
shall give priority to agreements with veterinarians for the
practice of food animal medicine in veterinarian shortage
situations.'';
(3) by redesignating subsection (d) as subsection (f); and
(4) by inserting after subsection (c) the following:
``(d) Use of Funds.--None of the funds appropriated to the
Secretary under subsection (f) may be used to carry out section 5379 of
title 5, United States Code.
``(e) Regulations.--Notwithstanding subchapter II of chapter 5 of
title 5, United States Code, not later than 270 days after the date of
enactment of this subsection, the Secretary shall promulgate
regulations to carry out this section.''.
(b) Disapproval of Transfer of Funds.--Congress disapproves the
transfer of funds from the Cooperative State Research, Education, and
Extension Service to the Food Safety and Inspection Service described
in the notice of use of funds for implementation of the veterinary
medicine loan repayment program authorized by the National Veterinary
Medical Service Act (72 Fed. Reg. 48609 (August 24, 2007)), and such
funds shall be rescinded on the date of enactment of this Act and made
available to the Secretary, without further appropriation or fiscal
year limitation, for use only in accordance with section 1415A of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3151a) (as amended by subsection (a)).
SEC. 7106. ELIGIBILITY OF UNIVERSITY OF THE DISTRICT OF COLUMBIA FOR
GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURAL SCIENCES EDUCATION.
Section 1417 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3152) is amended--
(1) in the matter preceding paragraph (1) of subsection (b), by
inserting ``(including the University of the District of
Columbia)'' after ``land-grant colleges and universities''; and
(2) in subsection (d)(2), by inserting ``(including the
University of the District of Columbia)'' after ``universities''.
SEC. 7107. GRANTS TO 1890 SCHOOLS TO EXPAND EXTENSION CAPACITY.
Section 1417(b)(4) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(b)(4)) is
amended by striking ``teaching and research'' and inserting ``teaching,
research, and extension''.
SEC. 7108. EXPANSION OF FOOD AND AGRICULTURAL SCIENCES AWARDS.
Section 1417(i) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3152(i)) is amended--
(1) in the subsection heading, by striking ``Teaching Awards''
and inserting ``Teaching, Extension, and Research Awards''; and
(2) by striking paragraph (1) and inserting the following:
``(1) Establishment.--
``(A) In general.--The Secretary shall establish a National
Food and Agricultural Sciences Teaching, Extension, and
Research Awards program to recognize and promote excellence in
teaching, extension, and research in the food and agricultural
sciences at a college or university.
``(B) Minimum requirement.--The Secretary shall make at
least 1 cash award in each fiscal year to a nominee selected by
the Secretary for excellence in each of the areas of teaching,
extension, and research of food and agricultural science at a
college or university.''.
SEC. 7109. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURAL SCIENCES
EDUCATION.
(a) Education Teaching Programs.--Section 1417(j) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3152(j)) is amended--
(1) in the subsection heading, by striking ``Secondary
Education and 2-Year Postsecondary Education Teaching Programs''
and inserting ``Secondary Education, 2-Year Postsecondary
Education, and Agriculture in the K-12 Classroom''; and
(2) in paragraph (3)--
(A) by striking ``secondary schools, and institutions of
higher education that award an associate's degree'' and
inserting ``secondary schools, institutions of higher education
that award an associate's degree, other institutions of higher
education, and nonprofit organizations'';
(B) in subparagraph (E), by striking ``and'' at the end;
(C) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(G) to support current agriculture in the classroom
programs for grades K-12.''.
(b) Report.--Section 1417 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Report.--The Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a biennial report
detailing the distribution of funds used to implement the teaching
programs under subsection (j).''.
(c) Authorization of Appropriations.--Section 1417(m) of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (as redesignated by subsection (b)(1)) is amended by striking
``2007'' and inserting ``2012''.
(d) Effective Date.--The amendments made by subsection (a) take
effect on October 1, 2008.
SEC. 7110. GRANTS FOR RESEARCH ON PRODUCTION AND MARKETING OF ALCOHOLS
AND INDUSTRIAL HYDROCARBONS FROM AGRICULTURAL COMMODITIES AND FOREST
PRODUCTS.
(a) In General.--Section 1419 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3154) is
repealed.
(b) Conforming Amendment.--Section 1463(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3311(a)) is amended by striking ``1419,''.
SEC. 7111. POLICY RESEARCH CENTERS.
Section 1419A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3155) is amended--
(1) in subsection (a)(1), by inserting ``(including
commodities, livestock, dairy, and specialty crops)'' after
``agricultural sectors'';
(2) in subsection (b), by inserting ``(including the Food
Agricultural Policy Research Institute, the Agricultural and Food
Policy Center, the Rural Policy Research Institute, and the
National Drought Mitigation Center)'' after ``research institutions
and organizations''; and
(3) in subsection (d), by striking ``2007'' and inserting
``2012''.
SEC. 7112. EDUCATION GRANTS TO ALASKA NATIVE-SERVING INSTITUTIONS AND
NATIVE HAWAIIAN-SERVING INSTITUTIONS.
Section 759 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2000 (7 U.S.C.
3242)--
(1) is amended--
(A) in subsection (a)(3), by striking ``2006'' and
inserting ``2012''; and
(B) in subsection (b)--
(i) in paragraph (2)(A), by inserting before the
semicolon at the end the following: ``, including
permitting consortia to designate fiscal agents for the
members of the consortia and to allocate among the members
funds made available under this section''; and
(ii) in paragraph (3), by striking ``2006'' and
inserting ``2012'';
(2) is redesignated as section 1419B of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977;
and
(3) is moved so as to appear after section 1419A of that Act (7
U.S.C. 3155).
SEC. 7113. 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 at the end 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;''.
SEC. 7114. HUMAN NUTRITION INTERVENTION AND HEALTH PROMOTION RESEARCH
PROGRAM.
Section 1424(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3174(d)) is amended by
striking ``2007'' and inserting ``2012''.
SEC. 7115. PILOT RESEARCH PROGRAM TO COMBINE MEDICAL AND AGRICULTURAL
RESEARCH.
Section 1424A(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3174a(d)) is amended by
striking ``2007'' and inserting ``2012''.
SEC. 7116. NUTRITION EDUCATION PROGRAM.
(a) In General.--Section 1425 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175) is
amended--
(1) by redesignating subsections (a) through (c) as subsections
(b) through (d), respectively;
(2) by striking the section heading and designation and
inserting the following:
``SEC. 1425. NUTRITION EDUCATION PROGRAM.
``(a) Definition of 1862 Institution and 1890 Institution.--In this
section, the terms `1862 Institution' and `1890 Institution' have the
meaning given those terms in section 2 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7601).'';
(3) in subsection (b) (as redesignated by paragraph (1)), by
striking ``(b) The Secretary'' and inserting the following:
``(b) Establishment.--The Secretary'';
(4) in subsection (c) (as so redesignated), by striking ``(c)
In order to enable'' and inserting the following:
``(c) Employment and Training.--To enable'';
(5) in subsection (d) (as redesignated by paragraph (1))--
(A) by striking ``(d) Beginning'' and inserting the
following:
``(d) Allocation of Funding.--Beginning'';
(B) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) Notwithstanding section 3(d) of the Act of May 8,
1914 (7 U.S.C. 343(d)), the remainder shall be allocated among
the States as follows:
``(i) $100,000 shall be distributed to each 1862
Institution and 1890 Institution.
``(ii) Subject to clause (iii), the remainder shall be
allocated to each State in an amount that bears the same
ratio to the total amount to be allocated under this clause
as--
``(I) the population living at or below 125 percent
of the income poverty guidelines (as prescribed by the
Office of Management and Budget and as adjusted
pursuant to section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2))) in the State;
bears to
``(II) the total population living at or below 125
percent of those income poverty guidelines in all
States;
as determined by the most recent decennial census at the
time at which each such additional amount is first
appropriated.
``(iii)(I) Before any allocation of funds under clause
(ii), for any fiscal year for which the amount of funds
appropriated for the conduct of the expanded food and
nutrition education program exceeds the amount of funds
appropriated for the program for fiscal year 2007, the
following percentage of such excess funds for the fiscal
year shall be allocated to the 1890 Institutions in
accordance with subclause (II):
``(aa) 10 percent for fiscal year 2009.
``(bb) 11 percent for fiscal year 2010.
``(cc) 12 percent for fiscal year 2011.
``(dd) 13 percent for fiscal year 2012.
``(ee) 14 percent for fiscal year 2013.
``(ff) 15 percent for fiscal year 2014 and for each
fiscal year thereafter.
``(II) Funds made available under subclause (I) shall
be allocated to each 1890 Institution in an amount that
bears the same ratio to the total amount to be allocated
under this clause as--
``(aa) the population living at or below 125
percent of the income poverty guidelines (as prescribed
by the Office of Management and Budget and as adjusted
pursuant to section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2))) in the State in
which the 1890 Institution is located; bears to
``(bb) the total population living at or below 125
percent of those income poverty guidelines in all
States in which 1890 Institutions are located;
as determined by the most recent decennial census at the
time at which each such additional amount is first
appropriated.
``(iv) Nothing in this subparagraph precludes the
Secretary from developing educational materials and
programs for persons in income ranges above the level
designated in this subparagraph.''; and
(C) by striking paragraph (3); and
(6) by adding at the end the following:
``(e) Complementary Administration.--The Secretary shall ensure the
complementary administration of the expanded food and nutrition
education program by 1862 Institutions and 1890 Institutions in a
State.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the expanded food and nutrition education
program established under section 3(d) of the Act of May 8, 1914 (7
U.S.C. 343(d)), and this section $90,000,000 for each of fiscal years
2009 through 2012.''.
(b) Conforming Amendment.--Section 1588(b) of the Food Security Act
of 1985 (7 U.S.C. 3175e(b)) is amended by striking ``section
1425(c)(2)'' and inserting ``section 1425(d)(2)''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2008.
SEC. 7117. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH PROGRAMS.
Section 1433(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3195(a)) is amended in the
first sentence by striking ``2007'' and inserting ``2012''.
SEC. 7118. COOPERATION AMONG ELIGIBLE INSTITUTIONS.
Section 1433 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3195) is amended by adding at the
end the following:
``(g) Cooperation Among Eligible Institutions.--The Secretary, to
the maximum extent practicable, shall encourage eligible institutions
to cooperate in setting research priorities under this section through
the conduct of regular regional and national meetings.''.
SEC. 7119. APPROPRIATIONS FOR RESEARCH ON NATIONAL OR REGIONAL
PROBLEMS.
Section 1434(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3196(a)) is amended by
striking ``2007'' and inserting ``2012''.
SEC. 7120. ANIMAL HEALTH AND DISEASE RESEARCH PROGRAM.
Section 1434(b) of the National Agricultural 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)))''.
SEC. 7121. AUTHORIZATION LEVEL FOR EXTENSION AT 1890 LAND-GRANT
COLLEGES.
Section 1444(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(a)(2)) is
amended by striking ``15 percent'' and inserting ``20 percent''.
SEC. 7122. AUTHORIZATION LEVEL FOR AGRICULTURAL RESEARCH AT 1890 LAND-
GRANT COLLEGES.
Section 1445(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(a)(2)) is
amended by striking ``25 percent'' and inserting ``30 percent''.
SEC. 7123. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES FACILITIES
AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
Section 1447(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended by
striking ``2007'' and inserting ``2012''.
SEC. 7124. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES FACILITIES
AT THE DISTRICT OF COLUMBIA LAND-GRANT UNIVERSITY.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1447 (7 U.S.C. 3222b)
the following:
``SEC. 1447A. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES
FACILITIES AT THE DISTRICT OF COLUMBIA LAND-GRANT UNIVERSITY.
``(a) Purpose.--It is the intent of Congress to assist the land-
grant university in the District of Columbia established under section
208 of the District of Columbia Public Postsecondary Education
Reorganization Act (Public Law 93-471; 88 Stat. 1428) 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 to carry out this section $750,000 for each of fiscal
years 2008 through 2012.''.
SEC. 7125. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES FACILITIES
AND EQUIPMENT 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 (as added by section 7124) the following:
``SEC. 1447B. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES
FACILITIES AND EQUIPMENT AT INSULAR AREA LAND-GRANT INSTITUTIONS.
``(a) Purpose.--It is 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) 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 determines necessary to carry out the
purposes of this section.
``(c) Regulations.--The Secretary may promulgate such rules and
regulations as the Secretary considers to be necessary to carry out
this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,000,000 for each of fiscal
years 2008 through 2012.''.
SEC. 7126. NATIONAL RESEARCH AND TRAINING VIRTUAL CENTERS.
Section 1448 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222c) is amended by striking
``2007'' each place it appears in subsections (a)(1) and (f) and
inserting ``2012''.
SEC. 7127. MATCHING FUNDS REQUIREMENT FOR RESEARCH AND EXTENSION
ACTIVITIES OF 1890 INSTITUTIONS.
Section 1449(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222d(c)) is amended--
(1) in the first sentence--
(A) by striking ``for each of fiscal years 2003 through
2007,''; and
(B) by inserting ``equal'' before ``matching''; and
(2) by striking the second sentence and all that follows
through paragraph (5).
SEC. 7128. HISPANIC-SERVING INSTITUTIONS.
Section 1455 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3241) is amended--
(1) in subsection (a) by striking ``(or grants without regard
to any requirement for competition)'';
(2) in subsection (b)(1), by striking ``of consortia''; and
(3) in subsection (c)--
(A) by striking ``$20,000,000'' and inserting
``$40,000,000''; and
(B) by striking ``2007'' and inserting ``2012''.
SEC. 7129. HISPANIC-SERVING AGRICULTURAL COLLEGES AND UNIVERSITIES.
(a) In General.--The National Agricultural Research, Extension, and
Teaching Policy Act of 1977 is amended by inserting after section 1455
(7 U.S.C. 3241) the following:
``SEC. 1456. HISPANIC-SERVING AGRICULTURAL COLLEGES AND UNIVERSITIES.
``(a) Definition of Endowment Fund.--In this section, the term
`endowment fund' means the Hispanic-Serving Agricultural Colleges and
Universities Fund established under subsection (b).
``(b) Endowment.--
``(1) In general.--The Secretary of the Treasury shall
establish in accordance with this subsection a Hispanic-Serving
Agricultural Colleges and Universities Fund.
``(2) Agreements.--The Secretary of the Treasury may enter into
such agreements as are necessary to carry out this subsection.
``(3) Deposit to the endowment fund.--The Secretary of the
Treasury shall deposit in the endowment fund any--
``(A) amounts made available through Acts of
appropriations, which shall be the endowment fund corpus; and
``(B) interest earned on the endowment fund corpus.
``(4) Investments.--The Secretary of the Treasury shall invest
the endowment fund corpus and income in interest-bearing
obligations of the United States.
``(5) Withdrawals and expenditures.--
``(A) Corpus.--The Secretary of the Treasury may not make a
withdrawal or expenditure from the endowment fund corpus.
``(B) Withdrawals.--On September 30, 2008, and each
September 30 thereafter, the Secretary of the Treasury shall
withdraw the amount of the income from the endowment fund for
the fiscal year and warrant the funds to the Secretary of
Agriculture who, after making adjustments for the cost of
administering the endowment fund, shall distribute the adjusted
income as follows:
``(i) 60 percent shall be distributed among the
Hispanic-serving agricultural colleges and universities on
a pro rata basis based on the Hispanic enrollment count of
each institution.
``(ii) 40 percent shall be distributed in equal shares
to the Hispanic-serving agricultural colleges and
universities.
``(6) Endowments.--Amounts made available under this subsection
shall be held and considered to be granted to Hispanic-serving
agricultural colleges and universities to establish an endowment in
accordance with this subsection.
``(7) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary such sums as are necessary to
carry out this subsection for fiscal year 2008 and each fiscal year
thereafter.
``(c) Authorization for Annual Payments.--
``(1) In general.--For fiscal year 2008 and each fiscal year
thereafter, there are authorized to be appropriated to the
Department of Agriculture to carry out this subsection an amount
equal to the product obtained by multiplying--
``(A) $80,000; by
``(B) the number of Hispanic-serving agricultural colleges
and universities.
``(2) Payments.--For fiscal year 2008 and each fiscal year
thereafter, the Secretary of the Treasury shall pay to the
treasurer of each Hispanic-serving agricultural college and
university an amount equal to--
``(A) the total amount made available by appropriations
under paragraph (1); divided by
``(B) the number of Hispanic-serving agricultural colleges
and universities.
``(3) Use of funds.--
``(A) In general.--Amounts authorized to be appropriated
under this subsection shall be used in the same manner as is
prescribed for colleges under the Act of August 30, 1890
(commonly known as the `Second Morrill Act') (7 U.S.C. 321 et
seq.).
``(B) Relationship to other law.--Except as otherwise
provided in this subsection, the requirements of that Act shall
apply to Hispanic-serving agricultural colleges and
universities under this section.
``(d) Institutional Capacity-Building Grants.--
``(1) In general.--For fiscal year 2008 and each fiscal year
thereafter, the Secretary shall make grants to assist Hispanic-
serving agricultural colleges and universities in institutional
capacity building (not including alteration, repair, renovation, or
construction of buildings).
``(2) Criteria for institutional capacity-building grants.--
``(A) Requirements for grants.--The Secretary shall make
grants under this subsection on the basis of a competitive
application process under which Hispanic-serving agricultural
colleges and universities may submit applications to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(B) Demonstration of need.--
``(i) In general.--As part of an application for a
grant under this subsection, the Secretary shall require
the applicant to demonstrate need for the grant, as
determined by the Secretary.
``(ii) Other sources of funding.--The Secretary may
award a grant under this subsection only to an applicant
that demonstrates a failure to obtain funding for a project
after making a reasonable effort to otherwise obtain the
funding.
``(C) Payment of non-federal share.--A grant awarded under
this subsection shall be made only if the recipient of the
grant pays a non-Federal share in an amount that is specified
by the Secretary and based on assessed institutional needs.
``(3) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary such sums as are necessary to
carry out this subsection for fiscal year 2008 and each fiscal year
thereafter.
``(e) Competitive Grants Program.--
``(1) In general.--The Secretary shall establish a competitive
grants program to fund fundamental and applied research at
Hispanic-serving agricultural colleges and universities in
agriculture, human nutrition, food science, bioenergy, and
environmental science.
``(2) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary such sums as are necessary to
carry out this subsection for fiscal year 2008 and each fiscal year
thereafter.''.
(b) Extension.--Section 3 of the Smith-Lever Act (7 U.S.C. 343) is
amended--
(1) in subsection (b), by adding at the end the following:
``(4) Annual appropriation for hispanic-serving agricultural
colleges and universities.--
``(A) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary for payments to
Hispanic-serving agricultural colleges and universities (as
defined in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103))
such sums as are necessary to carry out this paragraph for
fiscal year 2008 and each fiscal year thereafter, to remain
available until expended.
``(B) Additional amount.--Amounts made available under this
paragraph shall be in addition to any other amounts made
available under this section to States, the Commonwealth of
Puerto Rico, Guam, or the United States Virgin Islands.
``(C) Administration.--Amounts made available under this
paragraph shall be--
``(i) distributed on the basis of a competitive
application process to be developed and implemented by the
Secretary;
``(ii) paid by the Secretary to the State institutions
established in accordance with the Act of July 2, 1862
(commonly known as the `First Morrill Act') (7 U.S.C. 301
et seq.); and
``(iii) administered by State institutions through
cooperative agreements with the Hispanic-serving
agricultural colleges and universities in the State in
accordance with regulations promulgated by the
Secretary.''; and
(2) in subsection (f)--
(A) in the subsection heading, by inserting ``and Hispanic-
Serving Agricultural Colleges and Universities'' after ``1994
Institutions''; and
(B) by striking ``pursuant to subsection (b)(3)'' and
inserting ``or Hispanic-serving agricultural colleges and
universities in accordance with paragraphs (3) and (4) of
subsection (b)''.
(c) Conforming Amendments.--
(1) Section 2 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7601) is amended--
(A) by redesignating paragraph (6) as paragraph (7); and
(B) by inserting after paragraph (5) the following:
``(6) Hispanic-serving agricultural colleges and
universities.--The term `Hispanic-serving agricultural colleges and
universities' has the meaning given the term in section 1404 of the
National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3103).''.
(2) Section 102(c) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7612(c)) is amended--
(A) in the subsection heading, by inserting ``and Hispanic-
Serving Agricultural Colleges and Universities'' after
``Institutions''; and
(B) in paragraph (1), by striking `` and 1994 Institution''
and inserting ``1994 Institution, and Hispanic-serving
agricultural college and university''.
(3) Section 103(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7613(e)) is amended by
adding at the end the following:
``(3) Hispanic-serving agricultural colleges and
universities.--To be eligible to obtain agricultural extension
funds from the Secretary for an activity, each Hispanic-serving
agricultural college and university shall--
``(A) establish a process for merit review of the activity;
and
``(B) review the activity in accordance with such
process.''.
(4) Section 406(b) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626(b)) is amended by
striking ``and 1994 Institutions'' and inserting ``, 1994
Institutions, and Hispanic-serving agricultural colleges and
universities''.
SEC. 7130. INTERNATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION.
Section 1458(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3291(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) in subparagraph (B), by adding ``and'' at the end; and
(C) by adding at the end the following:
``(C) giving priority to those institutions with existing
memoranda of understanding, agreements, or other formal ties to
United States institutions, or Federal or State agencies;'';
(2) by striking paragraph (3) and inserting the following:
``(3) enter into agreements with land-grant colleges and
universities, Hispanic-serving agricultural colleges and
universities, the Agency for International Development, and
international organizations (such as the United Nations, the World
Bank, regional development banks, international agricultural
research centers), or other organizations, institutions, or
individuals with comparable goals, to promote and support--
``(A) the development of a viable and sustainable global
agricultural system;
``(B) antihunger and improved international nutrition
efforts; and
``(C) increased quantity, quality, and availability of
food;'';
(3) in paragraph (7)(A), by striking ``and land-grant colleges
and universities'' and inserting ``, land-grant colleges and
universities, and Hispanic-serving agricultural colleges and
universities'';
(4) in paragraph (9)--
(A) in subparagraph (A), by striking ``or other colleges
and universities'' and inserting ``, Hispanic-serving
agricultural colleges and universities, or other colleges and
universities''; and
(B) in subparagraph (D), by striking ``and'' at the end;
(5) in paragraph (10), by striking the period at the end and
inserting ``; and''; and
(6) by adding at the end the following:
``(11) establish a program for the purpose of providing
fellowships to United States or foreign students to study at
foreign agricultural colleges and universities working under
agreements provided for under paragraph (3).''.
SEC. 7131. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL SCIENCE
AND EDUCATION PROGRAMS.
Section 1459A(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)) is amended by
striking ``2007'' and inserting ``2012''.
SEC. 7132. ADMINISTRATION.
(a) Limitation on Indirect Costs for Agricultural Research,
Education, and Extension Programs.--Section 1462(a) of the National
Agriculture Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3310(a)) is amended--
(1) by striking ``a competitive'' and inserting ``any''; and
(2) by striking ``19 percent'' and inserting ``22 percent''.
(b) Auditing, Reporting, Bookkeeping, and Administrative
Requirements.--Section 1469(a)(3) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3315(a)(3)) is amended by striking ``appropriated'' and inserting
``made available''.
SEC. 7133. RESEARCH EQUIPMENT GRANTS.
Section 1462A(e) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3310a(e)) is amended by
striking ``2007'' and inserting ``2012''.
SEC. 7134. UNIVERSITY RESEARCH.
Section 1463 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended by striking
``2007'' each place it appears in subsections (a) and (b) and inserting
``2012''.
SEC. 7135. EXTENSION SERVICE.
Section 1464 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking
``2007'' and inserting ``2012''.
SEC. 7136. SUPPLEMENTAL AND ALTERNATIVE CROPS.
Section 1473D(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3319d(a)) is amended by
striking ``2007'' and inserting ``2012''.
SEC. 7137. NEW ERA RURAL TECHNOLOGY PROGRAM.
Subtitle K of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) is amended by
adding at the end the following:
``SEC. 1473E. NEW ERA RURAL TECHNOLOGY PROGRAM.
``(a) Definition of Community College.--In this section, the term
`community college' means an institution of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001))--
``(1) that admits as regular students individuals who--
``(A) are beyond the age of compulsory school attendance in
the State in which the institution is located; and
``(B) have the ability to benefit from the training offered
by the institution;
``(2) that does not provide an educational program for which
the institution awards a bachelor's degree or an equivalent degree;
and
``(3) that--
``(A) provides an educational program of not less than 2
years that is acceptable for full credit toward such a degree;
or
``(B) offers a 2-year program in engineering, technology,
mathematics, or the physical, chemical, or biological sciences,
designed to prepare a student to work as a technician or at the
semiprofessional level in engineering, scientific, or other
technological fields requiring the understanding and
application of basic engineering, scientific, or mathematical
principles of knowledge.
``(b) Functions.--
``(1) Establishment.--
``(A) In general.--The Secretary shall establish a program
to be known as the `New Era Rural Technology Program', to make
grants available for technology development, applied research,
and training to aid in the development of an agriculture-based
renewable energy workforce.
``(B) Support.--The initiative under this section shall
support the fields of--
``(i) bioenergy;
``(ii) pulp and paper manufacturing; and
``(iii) agriculture-based renewable energy resources.
``(2) Requirements for funding.--To receive funding under this
section, an entity shall--
``(A) be a community college or advanced technological
center, located in a rural area and in existence on the date of
the enactment of this section, that participates in
agricultural or bioenergy research and applied research;
``(B) have a proven record of development and
implementation of programs to meet the needs of students,
educators, and business and industry to supply the agriculture-
based, renewable energy or pulp and paper manufacturing fields
with certified technicians, as determined by the Secretary; and
``(C) have the ability to leverage existing partnerships
and occupational outreach and training programs for secondary
schools, 4-year institutions, and relevant nonprofit
organizations.
``(c) Grant Priority.--In providing grants under this section, the
Secretary shall give preference to eligible entities working in
partnership--
``(1) to improve information-sharing capacity; and
``(2) to maximize the ability to meet the requirements of this
section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2008 through 2012.''.
SEC. 7138. CAPACITY BUILDING GRANTS FOR NLGCA INSTITUTIONS.
Subtitle K of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) (as amended by
section 7137) is amended by adding at the end the following:
``SEC. 1473F. CAPACITY BUILDING GRANTS FOR NLGCA INSTITUTIONS.
``(a) Grant Program.--
``(1) In general.--The Secretary shall make competitive grants
to NLGCA Institutions to assist the NLGCA Institutions in
maintaining and expanding the capacity of the NLGCA Institutions to
conduct education, research, and outreach activities relating to--
``(A) agriculture;
``(B) renewable resources; and
``(C) other similar disciplines.
``(2) Use of funds.--An NLGCA Institution that receives a grant
under paragraph (1) may use the funds made available through the
grant to maintain and expand the capacity of the NLGCA
Institution--
``(A) to successfully compete for funds from Federal grants
and other sources to carry out educational, research, and
outreach activities that address priority concerns of national,
regional, State, and local interest;
``(B) to disseminate information relating to priority
concerns to--
``(i) interested members of the agriculture, renewable
resources, and other relevant communities;
``(ii) the public; and
``(iii) any other interested entity;
``(C) to encourage members of the agriculture, renewable
resources, and other relevant communities to participate in
priority education, research, and outreach activities by
providing matching funding to leverage grant funds; and
``(D) through--
``(i) the purchase or other acquisition of equipment
and other infrastructure (not including alteration, repair,
renovation, or construction of buildings);
``(ii) the professional growth and development of the
faculty of the NLGCA Institution; and
``(iii) the development of graduate assistantships.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2008 through 2012.''.
SEC. 7139. BORLAUG INTERNATIONAL AGRICULTURAL SCIENCE AND TECHNOLOGY
FELLOWSHIP PROGRAM.
Subtitle K of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) (as amended by
section 7138) is amended by adding at the end the following:
``SEC. 1473G. BORLAUG INTERNATIONAL AGRICULTURAL SCIENCE AND TECHNOLOGY
FELLOWSHIP PROGRAM.
``(a) Fellowship Program.--
``(1) In general.--The Secretary shall establish a fellowship
program, to be known as the `Borlaug International Agricultural
Science and Technology Fellowship Program,' to provide fellowships
for scientific training and study in the United States to
individuals from eligible countries (as described in subsection
(b)) who specialize in agricultural education, research, and
extension.
``(2) Programs.--The Secretary shall carry out the fellowship
program by implementing 3 programs designed to assist individual
fellowship recipients, including--
``(A) a graduate studies program in agriculture to assist
individuals who participate in graduate agricultural degree
training at a United States institution;
``(B) an individual career improvement program to assist
agricultural scientists from developing countries in upgrading
skills and understanding in agricultural science and
technology; and
``(C) a Borlaug agricultural policy executive leadership
course to assist senior agricultural policy makers from
eligible countries, with an initial focus on individuals from
sub-Saharan Africa and the independent states of the former
Soviet Union.
``(b) Eligible Countries.--An eligible country is a developing
country, as determined by the Secretary using a gross national income
per capita test selected by the Secretary.
``(c) Purpose of Fellowships.--A fellowship provided under this
section shall--
``(1) promote food security and economic growth in eligible
countries by--
``(A) educating a new generation of agricultural
scientists;
``(B) increasing scientific knowledge and collaborative
research to improve agricultural productivity; and
``(C) extending that knowledge to users and intermediaries
in the marketplace; and
``(2) shall support--
``(A) training and collaborative research opportunities
through exchanges for entry level international agricultural
research scientists, faculty, and policymakers from eligible
countries;
``(B) collaborative research to improve agricultural
productivity;
``(C) the transfer of new science and agricultural
technologies to strengthen agricultural practice; and
``(D) the reduction of barriers to technology adoption.
``(d) Fellowship Recipients.--
``(1) Eligible candidates.--The Secretary may provide
fellowships under this section to individuals from eligible
countries who specialize or have experience in agricultural
education, research, extension, or related fields, including--
``(A) individuals from the public and private sectors; and
``(B) private agricultural producers.
``(2) Candidate identification.--The Secretary shall use the
expertise of United States land-grant colleges and universities and
similar universities, international organizations working in
agricultural research and outreach, and national agricultural
research organizations to help identify program candidates for
fellowships under this section from the public and private sectors
of eligible countries.
``(e) Use of Fellowships.--A fellowship provided under this section
shall be used--
``(1) to promote collaborative programs among agricultural
professionals of eligible countries, agricultural professionals of
the United States, the international agricultural research system,
and, as appropriate, United States entities conducting research;
and
``(2) to support fellowship recipients through programs
described in subsection (a)(2).
``(f) Program Implementation.--The Secretary shall provide for the
management, coordination, evaluation, and monitoring of the Borlaug
International Agricultural Science and Technology Fellowship Program
and for the individual programs described in subsection (a)(2), except
that the Secretary may contract out to 1 or more collaborating
universities the management of 1 or more of the fellowship programs.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, to
remain available until expended.''.
SEC. 7140. AQUACULTURE ASSISTANCE PROGRAMS.
Section 1477 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3324) is amended by striking
``2007'' and inserting ``2012''.
SEC. 7141. RANGELAND RESEARCH GRANTS.
Section 1483(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)) is amended by
striking ``2007'' and inserting ``2012''.
SEC. 7142. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND RESPONSE.
Section 1484(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3351(a)) is amended by
striking ``2007'' and inserting ``2012''.
SEC. 7143. RESIDENT INSTRUCTION AND DISTANCE EDUCATION GRANTS PROGRAM
FOR INSULAR AREA INSTITUTIONS OF HIGHER EDUCATION.
(a) Distance Education Grants for Insular Areas.--Section 1490(f)
of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3362(f)) is amended by striking ``2007'' and
inserting ``2012''.
(b) Resident Instruction Grants for Insular Areas.--Section 1491 of
the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3363) is amended--
(1) by redesignating subsection (e) as subsection (c); and
(2) in subsection (c) (as so redesignated), by striking
``2007'' and inserting ``2012''.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 7201. NATIONAL GENETICS RESOURCES PROGRAM.
Section 1635(b) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5844(b)) is amended by striking ``2007'' and
inserting ``2012''.
SEC. 7202. NATIONAL AGRICULTURAL WEATHER INFORMATION SYSTEM.
Section 1641(c) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5855(c)) is amended by striking ``1991 through
1997'' and inserting ``2008 through 2012''.
SEC. 7203. PARTNERSHIPS.
Section 1672(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(d)) is amended by striking ``may'' and
inserting ``shall''.
SEC. 7204. HIGH-PRIORITY RESEARCH AND EXTENSION AREAS.
(a) In General.--Section 1672 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925) is amended--
(1) in subsection (e)--
(A) in paragraph (3), by striking ``and controlling
aflatoxin in the food and feed chains.'' and inserting ``,
improving, and eventually commercializing, alfatoxin controls
in corn and other affected agricultural products and crops.'';
(B) by striking paragraphs (1), (4), (7), (8), (15), (17),
(21), (23), (26), (27), (32), (34), (41), (42), (43), and (45);
(C) by redesignating paragraphs (2), (3), (5), (6), (9)
through (14), (16), (18) through (20), (22), (24), (25), (28)
through (31), (33), (35) through (40), and (44) as paragraphs
(1) through (29), respectively; and
(D) by adding at the end the following:
``(30) Air emissions from livestock operations.--Research and
extension grants may be made under this section for the purpose of
conducting field verification tests and developing mitigation
options for air emissions from animal feeding operations.
``(31) Swine genome project.--Research grants may be made under
this section to conduct swine genome research, including the
mapping of the swine genome.
``(32) Cattle fever tick program.--Research and extension
grants may be made under this section to study cattle fever ticks
to facilitate understanding of the role of wildlife in the
persistence and spread of cattle fever ticks, to develop advanced
methods for eradication of cattle fever ticks, and to improve
management of diseases relating to cattle fever ticks that are
associated with wildlife, livestock, and human health.
``(33) Synthetic gypsum.--Research and extension grants may be
made under this section to study the uses of synthetic gypsum from
electric power plants to remediate soil and nutrient losses.
``(34) Cranberry research program.--Research and extension
grants may be made under this section to study new technologies to
assist cranberry growers in complying with Federal and State
environmental regulations, increase production, develop new growing
techniques, establish more efficient growing methodologies, and
educate cranberry producers about sustainable growth practices.
``(35) Sorghum research initiative.--Research and extension
grants may be made under this section to study the use of sorghum
as a bioenergy feedstock, promote diversification in, and the
environmental benefits of sorghum production, and promote water
conservation through the use of sorghum.
``(36) Marine shrimp farming program.--Research and extension
grants may be made under this section to establish a research
program to advance and maintain a domestic shrimp farming industry
in the United States.
``(37) Turfgrass research initiative.--Research and extension
grants may be made under this section to study the production of
turfgrass (including the use of water, fertilizer, pesticides,
fossil fuels, and machinery for turf establishment and maintenance)
and environmental protection and enhancement relating to turfgrass
production.
``(38) Agricultural worker safety research initiative.--
Research and extension grants may be made under this section--
``(A) to study and demonstrate methods to minimize exposure
of farm and ranch owners and operators, pesticide handlers, and
agricultural workers to pesticides, including research
addressing the unique concerns of farm workers resulting from
long-term exposure to pesticides; and
``(B) to develop rapid tests for on-farm use to better
inform and educate farmers, ranchers, and farm and ranch
workers regarding safe field re-entry intervals.
``(39) High plains aquifer region.--Research and extension
grants may be made under this section to carry out
interdisciplinary research relating to diminishing water levels and
increased demand for water in the High Plains aquifer region.
``(40) Deer initiative.--Research and extension grants may be
made under this section to support collaborative research focusing
on the development of viable strategies for the prevention,
diagnosis, and treatment of infectious, parasitic, and toxic
diseases of farmed deer and the mapping of the deer genome.
``(41) Pasture-based beef systems research initiative.--
Research and extension grants may be made under this section to
study the development of forage sequences and combinations for cow-
calf, heifer development, stocker, and finishing systems, to
deliver optimal nutritive value for efficient production of cattle
for pasture finishing, to optimize forage systems to improve
marketability of pasture-finished beef, and to assess the effect of
forage quality on reproductive fitness.
``(42) Agricultural practices relating to climate change.--
Research and extension grants may be made under this section for
field and laboratory studies that examine the ecosystem from gross
to minute scales and for projects that explore the relationship of
agricultural practices to climate change.
``(43) Brucellosis control and eradication.--Research and
extension grants may be made under this section to conduct research
relating to the development of vaccines and vaccine delivery
systems to effectively control and eliminate brucellosis in
wildlife, and to assist with the controlling of the spread of
brucellosis from wildlife to domestic animals.
``(44) Bighorn and domestic sheep disease mechanisms.--Research
and extension grants may be made under this section to conduct
research relating to the health status of (including the presence
of infectious diseases in) bighorn and domestic sheep under range
conditions.
``(45) Agricultural development in the american-pacific
region.--Research and extension grants may be made under this
section to support food and agricultural science at a consortium of
land-grant institutions in the American-Pacific region.
``(46) Tropical and subtropical agricultural research.--
Research grants may be made under this section, in equal dollar
amounts to the Caribbean and Pacific Basins, to support tropical
and subtropical agricultural research, including pest and disease
research, at the land-grant institutions in the Caribbean and
Pacific regions.
``(47) Viral hemorrhagic septicemia.--Research and extension
grants may be made under this section to study--
``(A) the effects of viral hemorrhagic septicemia (referred
to in this paragraph as `VHS') on freshwater fish throughout
the natural and expanding range of VHS; and
``(B) methods for transmission and human-mediated transport
of VHS among waterbodies.
``(48) Farm and ranch safety.--Research and extension grants
may be made under this section to carry out projects to decrease
the incidence of injury and death on farms and ranches, including--
``(A) on-site farm or ranch safety reviews;
``(B) outreach and dissemination of farm safety research
and interventions to agricultural employers, employees, youth,
farm and ranch families, seasonal workers, or other
individuals; and
``(C) agricultural safety education and training.
``(49) Women and minorities in stem fields.--Research and
extension grants may be made under this section to increase
participation by women and underrepresented minorities from rural
areas in the fields of science, technology, engineering, and
mathematics, with priority given to eligible institutions that
carry out continuing programs funded by the Secretary.
``(50) Alfalfa and forage research program.--Research and
extension grants may be made under this section for the purpose of
studying improvements in alfalfa and forage yields, biomass and
persistence, pest pressures, the bioenergy potential of alfalfa and
other forages, and systems to reduce losses during harvest and
storage.
``(51) Food systems veterinary medicine.--Research grants may
be made under this section to address health issues that affect
food-producing animals, food safety, and the environment, and to
improve information resources, curriculum, and clinical education
of students with respect to food animal veterinary medicine and
food safety.
``(52) Biochar research.--Grants may be made under this section
for research, extension, and integrated activities relating to the
study of biochar production and use, including considerations of
agronomic and economic impacts, synergies of coproduction with
bioenergy, and the value of soil enhancements and soil carbon
sequestration.'';
(2) by redesignating subsection (h) as subsection (j);
(3) by inserting after subsection (g) the following:
``(h) Pollinator Protection.--
``(1) Research and extension.--
``(A) Grants.--Research and extension grants may be made
under this section--
``(i) to survey and collect data on bee colony
production and health;
``(ii) to investigate pollinator biology, immunology,
ecology, genomics, and bioinformatics;
``(iii) to conduct research on various factors that may
be contributing to or associated with colony collapse
disorder, and other serious threats to the health of honey
bees and other pollinators, including--
``(I) parasites and pathogens of pollinators; and
``(II) the sublethal effects of insecticides,
herbicides, and fungicides on honey bees and native and
managed pollinators;
``(iv) to develop mitigative and preventative measures
to improve native and managed pollinator health; and
``(v) to promote the health of honey bees and native
pollinators through habitat conservation and best
management practices.
``(B) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $10,000,000 for
each of fiscal years 2008 through 2012.
``(2) Department of agriculture capacity and infrastructure.--
``(A) In general.--The Secretary shall, to the maximum
extent practicable, increase the capacity and infrastructure of
the Department--
``(i) to address colony collapse disorder and other
long-term threats to pollinator health, including the
hiring of additional personnel; and
``(ii) to conduct research on colony collapse disorder
and other pollinator issues at the facilities of the
Department.
``(B) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $7,250,000 for
each of fiscal years 2008 through 2012.
``(3) Honey bee pest and pathogen surveillance.--There is
authorized to be appropriated to conduct a nationwide honey bee
pest and pathogen surveillance program $2,750,000 for each of
fiscal years 2008 through 2012.
``(4) Annual report on response to honey bee colony collapse
disorder.--The Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate an annual report
describing the progress made by the Department of Agriculture in--
``(A) investigating the cause or causes of honey bee colony
collapse; and
``(B) finding appropriate strategies to reduce colony loss.
``(i) Regional Centers of Excellence.--
``(1) Establishment.--The Secretary shall prioritize regional
centers of excellence established for specific agricultural
commodities for the receipt of funding under this section.
``(2) Composition.--A regional center of excellence shall be
composed of 1 or more colleges and universities (including land-
grant institutions, schools of forestry, schools of veterinary
medicine, or NLGCA Institutions (as defined in section 1404 of the
National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3103))) that provide financial support to the
regional center of excellence.
``(3) Criteria for regional centers of excellence.--The
criteria for consideration to be a regional center of excellence
shall include efforts--
``(A) to ensure coordination and cost-effectiveness by
reducing unnecessarily duplicative efforts regarding research,
teaching, and extension;
``(B) to leverage available resources by using public/
private partnerships among agricultural industry groups,
institutions of higher education, and the Federal Government;
``(C) to implement teaching initiatives to increase
awareness and effectively disseminate solutions to target
audiences through extension activities;
``(D) to increase the economic returns to rural communities
by identifying, attracting, and directing funds to high-
priority agricultural issues; and
``(E) to improve teaching capacity and infrastructure at
colleges and universities (including land-grant institutions,
schools of forestry, and schools of veterinary medicine).'';
and
(4) in subsection (j) (as redesignated by paragraph (2)), by
striking ``2007'' and inserting ``2012''.
(b) Conforming Amendments.--Section 1672 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925) is amended--
(1) in the first sentence of subsection (a), by striking ``(e),
(f), and (g)'' and inserting ``(e) through (i)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``paragraphs (1), (6),
(7), and (11)'' and inserting ``paragraphs (4), (7), (8), and
(11)(B)''; and
(B) in paragraph (2), by striking ``subsection (e)'' and
inserting ``subsections (e) through (i)''.
SEC. 7205. NUTRIENT MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.
Section 1672A of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925a) is amended--
(1) in subsection (b), by striking paragraph (1) and inserting
the following:
``(1) In general.--Paragraphs (4), (7), (8), and (11)(B) of
subsection (b) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i) shall apply with respect to the making of
grants under this section.'';
(2) by striking subsection (d) and inserting the following:
``(d) Priority.--Following the completion of a peer review process
for grant proposals received under this section, the Secretary shall
give priority to those grant proposals that involve--
``(1) the cooperation of multiple entities; and
``(2) States or regions with a high concentration of livestock,
dairy, or poultry operations.'';
(3) in subsection (e)--
(A) in paragraph (1)(B), by inserting ``and dairy and beef
cattle waste'' after ``swine waste''; and
(B) by striking paragraph (5) and inserting the following:
``(5) Alternative uses and renewable energy.--Research and
extension grants may be made under this section for the purpose of
finding innovative methods and technologies to allow agricultural
operators to make use of animal waste, such as use as fertilizer,
methane digestion, composting, and other useful byproducts.'';
(4) by redesignating subsection (g) as subsection (f); and
(5) in subsection (f) (as so redesignated), by striking
``2007'' and inserting ``2012''.
SEC. 7206. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
(a) In General.--Section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) (commonly known as
the ``Organic Agriculture Research and Extension Initiative'') is
amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' after the
semicolon;
(B) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(7) examining optimal conservation and environmental outcomes
relating to organically produced agricultural products; and
``(8) developing new and improved seed varieties that are
particularly suited for organic agriculture.''; and
(2) by adding at the end the following:
``(f) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out this
section--
``(A) $18,000,000 for fiscal year 2009; and
``(B) $20,000,000 for each of fiscal years 2010 through
2012.
``(2) Additional funding.--In addition to amounts made
available under paragraph (1), there is authorized to be
appropriated to carry out this section $25,000,000 for each of
fiscal years 2009 through 2012.''.
(b) Coordination.--In carrying out the amendment made by this
section, the Secretary shall ensure that the Division Chief of the
applicable Research, Education, and Extension Office established under
section 251 of the Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 6971) coordinates projects and activities under this section
to ensure, to the maximum extent practicable, that unnecessary
duplication of effort is eliminated or minimized.
SEC. 7207. AGRICULTURAL BIOENERGY FEEDSTOCK AND ENERGY EFFICIENCY
RESEARCH AND EXTENSION INITIATIVE.
Title XVI of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5801 et seq.) is amended by inserting after section
1672B (7 U.S.C. 5925b) the following:
``SEC. 1672C. AGRICULTURAL BIOENERGY FEEDSTOCK AND ENERGY EFFICIENCY
RESEARCH AND EXTENSION INITIATIVE.
``(a) Establishment and Purpose.--There is established within the
Department of Agriculture an agricultural bioenergy feedstock and
energy efficiency research and extension initiative (referred to in
this section as the `Initiative') for the purpose of enhancing the
production of biomass energy crops and the energy efficiency of
agricultural operations.
``(b) Competitive Research and Extension Grants Authorized.--In
carrying out this section, the Secretary shall make competitive grants
to support research and extension activities specified in subsections
(c) and (d).
``(c) Agricultural Bioenergy Feedstock Research and Extension
Areas.--
``(1) In general.--Agricultural bioenergy feedstock research
and extension activities funded under the Initiative shall focus on
improving agricultural biomass production, biomass conversion in
biorefineries, and biomass use by--
``(A) supporting on-farm research on crop species, nutrient
requirements, management practices, environmental impacts, and
economics;
``(B) supporting the development and operation of on-farm,
integrated biomass feedstock production systems;
``(C) leveraging the broad scientific capabilities of the
Department of Agriculture and other entities in--
``(i) plant genetics and breeding;
``(ii) crop production;
``(iii) soil and water science;
``(iv) use of agricultural waste; and
``(v) carbohydrate, lipid, protein, and lignin
chemistry, enzyme development, and biochemistry; and
``(D) supporting the dissemination of any of the research
conducted under this subsection that will assist in achieving
the goals of this section.
``(2) Selection criteria.--In selecting grant recipients for
projects under paragraph (1), the Secretary shall consider--
``(A) the capabilities and experiences of the applicant,
including--
``(i) research in actual field conditions; and
``(ii) engineering and research knowledge relating to
biofuels or the production of inputs for biofuel
production;
``(B) the range of species types and cropping practices
proposed for study (including species types and practices
studied using side-by-side comparisons of those types and
practices);
``(C) the need for regional diversity among feedstocks;
``(D) the importance of developing multiyear data relevant
to the production of biomass feedstock crops;
``(E) the extent to which the project involves direct
participation of agricultural producers;
``(F) the extent to which the project proposal includes a
plan or commitment to use the biomass produced as part of the
project in commercial channels; and
``(G) such other factors as the Secretary may determine.
``(d) Energy-Efficiency Research and Extension Areas.--On-farm
energy-efficiency research and extension activities funded under the
Initiative shall focus on developing and demonstrating technologies and
production practices relating to--
``(1) improving on-farm renewable energy production;
``(2) encouraging efficient on-farm energy use;
``(3) promoting on-farm energy conservation;
``(4) making a farm or ranch energy-neutral; and
``(5) enhancing on-farm usage of advanced technologies to
promote energy efficiency.
``(e) Best Practices Database.--The Secretary shall develop a best-
practices database that includes information, to be available to the
public, on--
``(1) the production potential of a variety of biomass crops;
and
``(2) best practices for production, collection, harvesting,
storage, and transportation of biomass crops to be used as a source
of bioenergy.
``(f) Administration.--
``(1) In general.--Paragraphs (4), (7), (8), and (11)(B) of
subsection (b) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i(b)) shall apply with respect to making
grants under this section.
``(2) Consultation and coordination.--The Secretary shall--
``(A) make the grants in consultation with the National
Agricultural Research, Extension, Education, and Economics
Advisory Board; and
``(B) coordinate projects and activities carried out under
the Initiative with projects and activities under section 9008
of the Farm Security and Rural Investment Act of 2002 to
ensure, to the maximum extent practicable, that--
``(i) unnecessary duplication of effort is eliminated
or minimized; and
``(ii) the respective strengths of the Department of
Agriculture and the Department of Energy are appropriately
used.
``(3) Grant priority.--The Secretary shall give priority to
grant applications that integrate research and extension activities
established under subsections (c) and (d), respectively.
``(4) Matching funds required.--As a condition of receiving a
grant under this section, the Secretary shall require the recipient
of the grant to provide funds or in-kind support from non-Federal
sources in an amount that is at least equal to the amount provided
by the Federal Government.
``(5) Partnerships encouraged.--Following the completion of a
peer review process for grant proposals received under this
section, the Secretary may provide a priority to those grant
proposals found as a result of the peer review process--
``(A) to be scientifically meritorious; and
``(B) that involve cooperation--
``(i) among multiple entities; and
``(ii) with agricultural producers.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2008 through 2012.''.
SEC. 7208. FARM BUSINESS MANAGEMENT AND BENCHMARKING.
The Food, Agriculture, Conservation and Trade Act of 1990 is
amended by inserting after section 1672C (as added by section 7207) the
following:
``SEC. 1672D. FARM BUSINESS MANAGEMENT.
``(a) In General.--The Secretary may make competitive research and
extension grants for the purpose of--
``(1) improving the farm management knowledge and skills of
agricultural producers; and
``(2) establishing and maintaining a national, publicly
available farm financial management database to support improved
farm management.
``(b) Selection Criteria.--In allocating funds made available to
carry out this section, the Secretary may give priority to grants
that--
``(1) demonstrate an ability to work directly with agricultural
producers;
``(2) collaborate with farm management and producer
associations;
``(3) address the farm management needs of a variety of crops
and regions of the United States; and
``(4) use and support the national farm financial management
database.
``(c) Administration.--Paragraphs (4), (7), (8), and (11)(B) of
subsection (b) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i(b)) shall apply with respect to the making of
grants under this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
SEC. 7209. AGRICULTURAL TELECOMMUNICATIONS PROGRAM.
Section 1673 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5926) is repealed.
SEC. 7210. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES.
Section 1680(c)(1) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5933(c)(1)) is amended by striking ``2007''
and inserting ``2012''.
SEC. 7211. RESEARCH ON HONEY BEE DISEASES.
Section 1681 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5934) is repealed.
SEC. 7212. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
Section 2381(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking ``2007'' and
inserting ``2012''.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
SEC. 7301. PEER AND MERIT REVIEW.
Section 103(a) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7613(a)) is amended by adding at
the end the following:
``(3) Consideration.--Peer and merit review procedures
established under paragraphs (1) and (2) shall not take the offer
or availability of matching funds into consideration.''.
SEC. 7302. PARTNERSHIPS FOR HIGH-VALUE AGRICULTURAL PRODUCT QUALITY
RESEARCH.
Section 402 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7622) is repealed.
SEC. 7303. PRECISION AGRICULTURE.
Section 403 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7623) is repealed.
SEC. 7304. BIOBASED PRODUCTS.
(a) Pilot Project.--Section 404(e)(2) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7624(e)(2)) is
amended by striking ``2007'' and inserting ``2012''.
(b) Authorization of Appropriations.--Section 404(h) of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7624(h)) is amended by striking ``2007'' and inserting ``2012''.
SEC. 7305. THOMAS JEFFERSON INITIATIVE FOR CROP DIVERSIFICATION.
Section 405 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7625) is repealed.
SEC. 7306. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION COMPETITIVE
GRANTS PROGRAM.
Section 406(f) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626(f)) is amended by striking
``2007'' and inserting ``2012''.
SEC. 7307. FUSARIUM GRAMINEARUM GRANTS.
Section 408 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7628) is amended--
(1) in subsection (a), in the subsection heading, by striking
``Grant'' and inserting ``Grants''; and
(2) in subsection (e), by striking ``2007'' and inserting
``2012''.
SEC. 7308. BOVINE JOHNE'S DISEASE CONTROL PROGRAM.
Section 409(b) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7629(b)) is amended by striking
``2007'' and inserting ``2012''.
SEC. 7309. GRANTS FOR YOUTH ORGANIZATIONS.
Section 410 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7630) is amended by striking subsections
(b) and (c) and inserting the following:
``(b) Flexibility.--The Secretary shall provide maximum flexibility
in content delivery to each organization receiving funds under this
section so as to ensure that the unique goals of each organization, as
well as the local community needs, are fully met.
``(c) Redistribution of Funding Within Organizations Authorized.--
Recipients of funds under this section may redistribute all or part of
the funds received to individual councils or local chapters within the
councils without further need of approval from the Secretary.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2008 through 2012.''.
SEC. 7310. AGRICULTURAL BIOTECHNOLOGY RESEARCH AND DEVELOPMENT FOR
DEVELOPING COUNTRIES.
Section 411(c) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7631(c)) is amended by striking
``2007'' and inserting ``2012''.
SEC. 7311. SPECIALTY CROP RESEARCH INITIATIVE.
(a) In General.--Title IV of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7621 et seq.) is amended by
adding at the end the following:
``SEC. 412. SPECIALTY CROP RESEARCH INITIATIVE.
``(a) Definitions.--In this section:
``(1) Initiative.--The term `Initiative' means the specialty
crop research and extension initiative established by subsection
(b).
``(2) Specialty crop.--The term `specialty crop' has the
meaning given that term in section 3 of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108-
465).
``(b) Establishment.--There is established within the Department a
specialty crop research and extension initiative to address the
critical needs of the specialty crop industry by developing and
disseminating science-based tools to address needs of specific crops
and their regions, including--
``(1) research in plant breeding, genetics, and genomics to
improve crop characteristics, such as--
``(A) product, taste, quality, and appearance;
``(B) environmental responses and tolerances;
``(C) nutrient management, including plant nutrient uptake
efficiency;
``(D) pest and disease management, including resistance to
pests and diseases resulting in reduced application management
strategies; and
``(E) enhanced phytonutrient content;
``(2) efforts to identify and address threats from pests and
diseases, including threats to specialty crop pollinators;
``(3) efforts to improve production efficiency, productivity,
and profitability over the long term (including specialty crop
policy and marketing);
``(4) new innovations and technology, including improved
mechanization and technologies that delay or inhibit ripening; and
``(5) methods to prevent, detect, monitor, control, and respond
to potential food safety hazards in the production and processing
of specialty crops, including fresh produce.
``(c) Eligible Entities.--The Secretary may carry out the
Initiative through--
``(1) Federal agencies;
``(2) national laboratories;
``(3) colleges and universities;
``(4) research institutions and organizations;
``(5) private organizations or corporations;
``(6) State agricultural experiment stations;
``(7) individuals; or
``(8) groups consisting of 2 or more entities described in
paragraphs (1) through (7).
``(d) Research Projects.--In carrying out this section, the
Secretary shall award grants on a competitive basis.
``(e) Administration.--
``(1) In general.--With respect to grants awarded under
subsection (d), the Secretary shall--
``(A) seek and accept proposals for grants;
``(B) determine the relevance and merit of proposals
through a system of peer and merit review in accordance with
section 103; and
``(C) award grants on the basis of merit, quality, and
relevance.
``(2) Term.--The term of a grant under this section may not
exceed 10 years.
``(3) Matching funds required.--The Secretary shall require the
recipient of a grant under this section to provide funds or in-kind
support from non-Federal sources in an amount that is at least
equal to the amount provided by the Federal Government.
``(4) Other conditions.--The Secretary may set such other
conditions on the award of a grant under this section as the
Secretary determines to be appropriate.
``(f) Priorities.--In making grants under this section, the
Secretary shall provide a higher priority to projects that--
``(1) are multistate, multi-institutional, or
multidisciplinary; and
``(2) include explicit mechanisms to communicate results to
producers and the public.
``(g) Buildings and Facilities.--Funds made available under this
section shall not be used for the construction of a new building or
facility or the acquisition, expansion, remodeling, or alteration of an
existing building or facility (including site grading and improvement,
and architect fees).
``(h) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out this
section $30,000,000 for fiscal year 2008 and $50,000,000 for each
of fiscal years 2009 through 2012, from which activities under each
of paragraphs (1) through (5) of subsection (b) shall be allocated
not less than 10 percent.
``(2) Authorization of appropriations.--In addition to funds
made available under paragraph (1), there is authorized to be
appropriated to carry out this section $100,000,000 for each of
fiscal years 2008 through 2012.
``(3) Transfer.--Of the funds made available to the Secretary
under paragraph (1) for fiscal year 2008 and authorized for use for
payment of administrative expenses under section 1469(a)(3) of the
National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3315(a)(3)), the Secretary shall transfer, upon
the date of enactment of this section, $200,000 to the Office of
Prevention, Pesticides, and Toxic Substances of the Environmental
Protection Agency for use in conducting a meta-analysis relating to
methyl bromide.
``(4) Availability.--Funds made available pursuant to this
subsection for a fiscal year shall remain available until expended
to pay for obligations incurred in that fiscal year.''.
(b) Coordination.--In carrying out the amendment made by this
section, the Secretary shall ensure that the Division Chief of the
applicable Research, Education, and Extension Office established under
section 251 of the Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 6971) coordinates projects and activities under this section
to ensure, to the maximum extent practicable, that unnecessary
duplication of effort is eliminated or minimized.
SEC. 7312. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.
Section 604 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7642) is amended by adding at the end the
following:
``(e) Authorization of Appropriations.--In addition to any other
funds available to carry out subsection (c), there is authorized to be
appropriated to carry out this section $2,500,000 for each of fiscal
years 2008 through 2012.''.
SEC. 7313. OFFICE OF PEST MANAGEMENT POLICY.
Section 614(f) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7653(f)) is amended by striking
``2007'' and inserting ``2012''.
Subtitle D--Other Laws
SEC. 7401. CRITICAL AGRICULTURAL MATERIALS ACT.
Section 16(a) of the Critical Agricultural Materials Act (7 U.S.C.
178n(a)) is amended by striking ``2007'' and inserting ``2012''.
SEC. 7402. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
(a) Definition of 1994 Institutions.--Section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended by adding at the end the following:
``(34) Ilisagvik College.''.
(b) Endowment for 1994 Institutions.--Section 533 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended--
(1) in subsection (a)(3), in the matter preceding subparagraph
(A), by inserting ``this section and'' before ``sections 534,'';
and
(2) in the first sentence of subsection (b), by striking
``2007'' and inserting ``2012''.
(c) Redistribution.--Section 534(a)(3) of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)
is amended--
(1) by striking ``The amounts'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
the amounts''; and
(2) by adding at the end the following:
``(B) Redistribution.--Funds that would be paid to a 1994
Institution under paragraph (2) shall be withheld from that
1994 Institution and redistributed among the other 1994
Institutions if that 1994 Institution--
``(i) declines to accept funds under paragraph (2); or
``(ii) fails to meet the accreditation requirements
under section 533(a)(3).''.
(d) Institutional Capacity Building Grants.--Section 535 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382) is amended by striking ``2007'' each place it
appears and inserting ``2012''.
(e) Research Grants.--Section 536(c) of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)
is amended in the first sentence by striking ``2007'' and inserting
``2012''.
(f) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 2008.
SEC. 7403. SMITH-LEVER ACT.
(a) Program.--Section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d))
is amended in the second sentence by striking ``apply for and receive''
and all that follows through paragraph (2) and inserting ``compete for
and receive funds directly from the Secretary of Agriculture.''.
(b) Elimination of the Governor's Report Requirement for Extension
Activities.--Section 5 of the Smith-Lever Act (7 U.S.C. 345) is amended
by striking the third sentence.
(c) Conforming Amendment.--Section 1444(a)(2) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3221(a)(2)) is amended by striking ``after September 30, 1995,
under section 3(d) of that Act (7 U.S.C. 343(d))'' and all that follows
through the end of the sentence and inserting ``under section 3(d) of
that Act (7 U.S.C. 343(d)).''.
SEC. 7404. HATCH ACT OF 1887.
(a) District of Columbia.--Section 3(d)(4) of the Hatch Act of 1887
(7 U.S.C. 361c(d)(4)) is amended--
(1) in the paragraph heading, by inserting ``and the district
of columbia'' after ``areas'';
(2) in subparagraph (A)--
(A) by inserting ``and the District of Columbia'' after
``United States''; and
(B) by inserting ``and the District of Columbia'' after
``respectively,''; and
(3) in subparagraph (B), by inserting ``or the District of
Columbia'' after ``area''.
(b) Elimination of Penalty Mail Authorities.--
(1) In general.--Section 6 of the Hatch Act of 1887 (7 U.S.C.
361f) is amended in the first sentence by striking ``under penalty
indicia:'' and all that follows through the end of the sentence and
inserting a period.
(2) Conforming amendments in other laws.--
(A) National agricultural research, extension, and teaching
policy act of 1977.--
(i) Section 1444(f) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3221(f)) is amended by striking ``under penalty
indicia:'' and all that follows through the end of the
sentence and inserting a period.
(ii) Section 1445(e) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3222(e)) is amended by striking ``under penalty
indicia:'' and all that follows through the end of the
sentence and inserting a period.
(B) Other provisions.--Section 3202(a) of title 39, United
States Code, is amended--
(i) in paragraph (1)--
(I) in subparagraph (D), by adding ``and'' at the
end;
(II) in subparagraph (E), by striking ``sections;
and'' and inserting ``sections.''; and
(III) by striking subparagraph (F);
(ii) in paragraph (2), by adding ``and'' at the end;
(iii) in paragraph (3) by striking ``thereof; and'' and
inserting ``thereof.''; and
(iv) by striking paragraph (4).
SEC. 7405. AGRICULTURAL EXPERIMENT STATION RESEARCH FACILITIES ACT.
Section 6(a) of the Research Facilities Act (7 U.S.C. 390d(a)) is
amended by striking ``2007'' and inserting ``2012''.
SEC. 7406. AGRICULTURE AND FOOD RESEARCH INITIATIVE.
(a) In General.--Subsection (b) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i(b)) is amended to read as
follows:
``(b) Agriculture and Food Research Initiative.--
``(1) Establishment.--There is established in the Department of
Agriculture an Agriculture and Food Research Initiative under which
the Secretary of Agriculture (referred to in this subsection as
`the Secretary') may make competitive grants for fundamental and
applied research, extension, and education to address food and
agricultural sciences (as defined under section 1404 of the
National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3103)).
``(2) Priority areas.--The competitive grants program
established under this subsection shall address the following
areas:
``(A) Plant health and production and plant products.--
Plant systems, including--
``(i) plant genome structure and function;
``(ii) molecular and cellular genetics and plant
biotechnology;
``(iii) conventional breeding, including cultivar and
breed development, selection theory, applied quantitative
genetics, breeding for improved food quality, breeding for
improved local adaptation to biotic stress and abiotic
stress, and participatory breeding;
``(iv) plant-pest interactions and biocontrol systems;
``(v) crop plant response to environmental stresses;
``(vi) unproved nutrient qualities of plant products;
and
``(vii) new food and industrial uses of plant products.
``(B) Animal health and production and animal products.--
Animal systems, including--
``(i) aquaculture;
``(ii) cellular and molecular basis of animal
reproduction, growth, disease, and health;
``(iii) animal biotechnology;
``(iv) conventional breeding, including breed
development, selection theory, applied quantitative
genetics, breeding for improved food quality, breeding for
improved local adaptation to biotic stress and abiotic
stress, and participatory breeding;
``(v) identification of genes responsible for improved
production traits and resistance to disease;
``(vi) improved nutritional performance of animals;
``(vii) improved nutrient qualities of animal products
and uses; and
``(viii) the development of new and improved animal
husbandry and production systems that take into account
production efficiency, animal well-being, and animal
systems applicable to aquaculture.
``(C) Food safety, nutrition, and health.--Nutrition, food
safety and quality, and health, including--
``(i) microbial contaminants and pesticides residue
relating to human health;
``(ii) links between diet and health;
``(iii) bioavailability of nutrients;
``(iv) postharvest physiology and practices; and
``(v) improved processing technologies.
``(D) Renewable energy, natural resources, and
environment.--Natural resources and the environment,
including--
``(i) fundamental structures and functions of
ecosystems;
``(ii) biological and physical bases of sustainable
production systems;
``(iii) minimizing soil and water losses and sustaining
surface water and ground water quality;
``(iv) global climate effects on agriculture;
``(v) forestry; and
``(vi) biological diversity.
``(E) Agriculture systems and technology.--Engineering,
products, and processes, including--
``(i) new uses and new products from traditional and
nontraditional crops, animals, byproducts, and natural
resources;
``(ii) robotics, energy efficiency, computing, and
expert systems;
``(iii) new hazard and risk assessment and mitigation
measures; and
``(iv) water quality and management.
``(F) Agriculture economics and rural communities.--
Markets, trade, and policy, including--
``(i) strategies for entering into and being
competitive in domestic and overseas markets;
``(ii) farm efficiency and profitability, including the
viability and competitiveness of small and medium-sized
dairy, livestock, crop and other commodity operations;
``(iii) new decision tools for farm and market systems;
``(iv) choices and applications of technology;
``(v) technology assessment; and
``(vi) new approaches to rural development, including
rural entrepreneurship.
``(3) Term.--The term of a competitive grant made under this
subsection may not exceed 10 years.
``(4) General administration.--In making grants under this
subsection, the Secretary shall--
``(A) seek and accept proposals for grants;
``(B) determine the relevance and merit of proposals
through a system of peer and merit review in accordance with
section 103 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7613);
``(C) award grants on the basis of merit, quality, and
relevance;
``(D) solicit and consider input from persons who conduct
or use agricultural research, extension, or education in
accordance with section 102(b) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7612(b));
and
``(E) in seeking proposals for grants under this subsection
and in performing peer review evaluations of such proposals,
seek the widest participation of qualified individuals in the
Federal Government, colleges and universities, State
agricultural experiment stations, and the private sector.
``(5) Allocation of funds.--In making grants under this
subsection, the Secretary shall allocate funds to the Agriculture
and Food Research Initiative to ensure that, of funds allocated for
research activities--
``(A) not less than 60 percent is made available to make
grants for fundamental research (as defined in subsection
(f)(1) of section 251 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971)), of which--
``(i) not less than 30 percent is made available to
make grants for research to be conducted by
multidisciplinary teams; and
``(ii) not more than 2 percent is used for equipment
grants under paragraph (6)(A); and
``(B) not less than 40 percent is made available to make
grants for applied research (as defined in subsection (f)(1) of
section 251 of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6971)).
``(6) Special considerations.--In making grants under this
subsection, the Secretary may assist in the development of
capabilities in the agricultural, food, and environmental sciences
by providing grants--
``(A) to an institution to allow for the improvement of the
research, development, technology transfer, and education
capacity of the institution through the acquisition of special
research equipment and the improvement of agricultural
education and teaching, except that the Secretary shall use not
less than 25 percent of the funds made available for grants
under this subparagraph to provide fellowships to outstanding
pre- and post-doctoral students for research in the
agricultural sciences;
``(B) to a single investigator or coinvestigators who are
beginning research careers and do not have an extensive
research publication record, except that, to be eligible for a
grant under this subparagraph, an individual shall be within 5
years of the beginning of the initial career track position of
the individual;
``(C) to ensure that the faculty of small, mid-sized, and
minority-serving institutions who have not previously been
successful in obtaining competitive grants under this
subsection receive a portion of the grants; and
``(D) to improve research, extension, and education
capabilities in States (as defined in section 1404 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103)) in which institutions have been
less successful in receiving funding under this subsection,
based on a 3-year rolling average of funding levels.
``(7) Eligible entities.--The Secretary may make grants to
carry out research, extension, and education under this subsection
to--
``(A) State agricultural experiment stations;
``(B) colleges and universities;
``(C) university research foundations;
``(D) other research institutions and organizations;
``(E) Federal agencies;
``(F) national laboratories;
``(G) private organizations or corporations;
``(H) individuals; or
``(I) any group consisting of 2 or more of the entities
described in subparagraphs (A) through (H).
``(8) Construction prohibited.--Funds made available for grants
under this subsection shall not be used for the construction of a
new building or facility or the acquisition, expansion, remodeling,
or alteration of an existing building or facility (including site
grading and improvement, and architect fees).
``(9) Matching funds.--
``(A) Equipment grants.--
``(i) In general.--Except as provided in clause (ii),
in the case of a grant made under paragraph (6)(A), the
amount provided under this subsection may not exceed 50
percent of the cost of the special research equipment or
other equipment acquired using funds from the grant.
``(ii) Waiver.--The Secretary may waive all or part of
the matching requirement under clause (i) in the case of a
college, university, or research foundation maintained by a
college or university that ranks in the lowest \1/3\ of
such colleges, universities, and research foundations on
the basis of Federal research funds received, if the
equipment to be acquired using funds from the grant costs
not more than $25,000 and has multiple uses within a single
research project or is usable in more than 1 research
project.
``(B) Applied research.--As a condition of making a grant
under paragraph (5)(B), the Secretary shall require the funding
of the grant to be matched with equal matching funds from a
non-Federal source if the grant is for applied research that
is--
``(i) commodity-specific; and
``(ii) not of national scope.
``(10) Program administration.--To the maximum extent
practicable, the Director of the National Institute of Food and
Agriculture, in coordination with the Under Secretary for Research,
Education, and Economics, shall allocate grants under this
subsection to high-priority research, taking into consideration,
when available, the determinations made by the National
Agricultural Research, Extension, Education, and Economics Advisory
Board (as established under section 1408 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3123)).
``(11) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
to carry out this subsection $700,000,000 for each of fiscal
years 2008 through 2012, of which--
``(i) not less than 30 percent shall be made available
for integrated research pursuant to section 406 of the
Agricultural Research, Extension, and Education Reform Act
of 1998 (7 U.S.C. 7626); and
``(ii) not more than 4 percent may be retained by the
Secretary to pay administrative costs incurred by the
Secretary in carrying out this subsection.
``(B) Availability.--Funds made available under this
paragraph shall--
``(i) be available for obligation for a 2-year period
beginning on October 1 of the fiscal year for which the
funds are first made available; and
``(ii) remain available until expended to pay for
obligations incurred during that 2-year period.''.
(b) Repeals.--
(1) Section 401 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7621) is repealed.
(2) Subsection (d) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(d)) is repealed.
(c) Effect on Current Solicitations.--The amendments made by this
section shall not apply to any solicitation for grant applications
issued by the Cooperative State Research, Education, and Extension
Service before the date of enactment of this Act.
(d) Conforming Amendments.--
(1) Section 1473 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319) is
amended in the first sentence by striking ``and subsection (d)''.
(2) Section 1671(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5924(d) is amended by striking
``Paragraphs (1), (6), (7), and (11)'' and inserting ``Paragraphs
(4), (7), (8), and (11)(B)''.
(3) Section 1672B(b) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5925b(b)) is amended by striking
``Paragraphs (1), (6), (7), and (11)'' and inserting ``Paragraphs
(4), (7), (8), and (11)(B)''.
SEC. 7407. AGRICULTURAL RISK PROTECTION ACT OF 2000.
Section 221 of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 6711(g)) is amended by striking subsection (g) and inserting the
following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2007 through 2012.''.
SEC. 7408. EXCHANGE OR SALE AUTHORITY.
Title III of the Department of Agriculture Reorganization Act of
1994 (Public Law 103-354; 108 Stat. 3238) is amended by adding at the
end the following:
``SEC. 307. EXCHANGE OR SALE AUTHORITY.
``(a) Definition of Qualified Item of Personal Property.--In this
section, the term `qualified item of personal property' means--
``(1) an animal;
``(2) an animal product;
``(3) a plant; or
``(4) a plant product.
``(b) General Authority.--Except as provided in subsection (c),
notwithstanding chapter 5 of subtitle I of title 40, United States
Code, the Secretary, acting through the Under Secretary for Research,
Education, and Economics, in managing personal property for the purpose
of carrying out the research functions of the Department, may exchange,
sell, or otherwise dispose of any qualified item of personal property,
including by way of public auction, and may retain and apply the sale
or other proceeds, without further appropriation and without fiscal
year limitation, in whole or in partial payment--
``(1) to acquire any qualified item of personal property; or
``(2) to offset costs related to the maintenance, care, or
feeding of any qualified item of personal property.
``(c) Exception.--Subsection (b) does not apply to the free
dissemination of new varieties of seeds and germplasm in accordance
with section 520 of the Revised Statutes (commonly known as the
`Department of Agriculture Organic Act') (7 U.S.C. 2201).''.
SEC. 7409. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.
Title III of the Department of Agriculture Reorganization Act of
1994 (Public Law 103-354; 108 Stat. 3238) (as amended by section 7408)
is amended by adding at the end the following:
``SEC. 308. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.
``(a) Establishment.--To enhance the use of real property
administered by agencies of the Department, the Secretary may establish
a pilot program, in accordance with this section, at the Beltsville
Agricultural Research Center of the Agricultural Research Service and
the National Agricultural Library to lease nonexcess property of the
Center or the Library to any individual or entity, including agencies
or instrumentalities of State or local governments.
``(b) Requirements.--
``(1) In general.--Notwithstanding chapter 5 of subtitle I of
title 40, United States Code, the Secretary may lease real property
at the Beltsville Agricultural Research Center or the National
Agricultural Library in accordance with such terms and conditions
as the Secretary may prescribe, if the Secretary determines that
the lease--
``(A) is consistent with, and will not adversely affect,
the mission of the Department agency administering the
property;
``(B) will enhance the use of the property;
``(C) will not permit any portion of Department agency
property or any facility of the Department to be used for the
public retail or wholesale sale of merchandise or residential
development;
``(D) will not permit the construction or modification of
facilities financed by non-Federal sources to be used by an
agency, except for incidental use; and
``(E) will not include any property or facility required
for any Department agency purpose without prior consideration
of the needs of the agency.
``(2) Term.--The term of a lease under this section shall not
exceed 30 years.
``(3) Consideration.--
``(A) In general.--Consideration provided for a lease under
this section shall be--
``(i) in an amount equal to fair market value, as
determined by the Secretary; and
``(ii) in the form of cash.
``(B) Use of funds.--
``(i) In general.--Consideration provided for a lease
under this section shall be--
``(I) deposited in a capital asset account to be
established by the Secretary; and
``(II) available until expended, without further
appropriation, for maintenance, capital revitalization,
and improvements of the Department properties and
facilities at the Beltsville Agricultural Research
Center and National Agricultural Library.
``(ii) Budgetary treatment.--For purposes of the
budget, the amounts described in clause (i) shall not be
treated as a receipt of any Department agency or any other
agency leasing property under this section.
``(4) Costs.--The lessee shall cover all costs associated with
a lease under this section, including the cost of--
``(A) the project to be carried out on property or at a
facility covered by the lease;
``(B) provision and administration of the lease;
``(C) construction of any needed facilities;
``(D) provision of applicable utilities; and
``(E) any other facility cost normally associated with the
operation of a leased facility.
``(5) Prohibition of use of appropriations.--The Secretary
shall not use any funds made available to the Secretary in an
appropriations Act for the construction or operating costs of any
space covered by a lease under this section.
``(6) Termination of authority.--This section and the authority
provided by this section terminate--
``(A) on the date that is 5 years after the date of
enactment of this section; or
``(B) with respect to any particular leased property, on
the date of termination of the lease.
``(c) Effect of Other Laws.--
``(1) Utilization.--Property that is leased pursuant to this
section shall not be considered to be unutilized or underutilized
for purposes of section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411).
``(2) Disposal.--Property at the Beltsville Agricultural
Research Center or the National Agricultural Library that is leased
pursuant to this section shall not be considered to be disposed of
by sale, lease, rental, excessing, or surplusing for purposes of
section 523 of Public Law 100-202 (101 Stat. 1329-417).
``(d) Administration.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report that describes detailed management objectives and
performance measurements by which the Secretary intends to evaluate
the success of the program under this section.
``(2) Reports.--Not later than 1, 3, and 5 years after the date
of enactment of this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report describing the implementation of the program under this
section, including--
``(A) a copy of each lease entered into pursuant to this
section; and
``(B) an assessment by the Secretary of the success of the
program using the management objectives and performance
measurements developed by the Secretary.''.
SEC. 7410. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM.
(a) Grants.--Section 7405(c) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f(c)) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) Maximum term and size of grant.--
``(A) In general.--A grant under this subsection shall--
``(i) have a term that is not more than 3 years; and
``(ii) be in an amount that is not more than $250,000
for each year.
``(B) Consecutive grants.--An eligible recipient may
receive consecutive grants under this subsection.'';
(2) by redesignating paragraphs (5) through (7) as paragraphs
(8) through (10), respectively;
(3) by inserting after paragraph (4) the following:
``(5) Evaluation criteria.--In making grants under this
subsection, the Secretary shall evaluate--
``(A) relevancy;
``(B) technical merit;
``(C) achievability;
``(D) the expertise and track record of 1 or more
applicants;
``(E) the adequacy of plans for the participatory
evaluation process, outcome-based reporting, and the
communication of findings and results beyond the immediate
target audience; and
``(F) other appropriate factors, as determined by the
Secretary.
``(6) Regional balance.--In making grants under this
subsection, the Secretary shall, to the maximum extent practicable,
ensure geographical diversity.
``(7) Priority.--In making grants under this subsection, the
Secretary shall give priority to partnerships and collaborations
that are led by or include nongovernmental and community-based
organizations with expertise in new agricultural producer training
and outreach.''.
(b) Funding.--Section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f) is amended by striking
subsection (h) and inserting the following:
``(h) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out this
section--
``(A) $18,000,000 for fiscal year 2009; and
``(B) $19,000,000 for each of fiscal years 2010 through
2012.
``(2) Authorization of appropriations.--In addition to funds
provided under paragraph (1), there is authorized to be
appropriated to carry out this section $30,000,000 for each of
fiscal years 2008 through 2012.''.
SEC. 7411. PUBLIC EDUCATION REGARDING USE OF BIOTECHNOLOGY IN PRODUCING
FOOD FOR HUMAN CONSUMPTION.
Section 10802 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 5921a) is repealed.
SEC. 7412. MCINTIRE-STENNIS COOPERATIVE FORESTRY ACT.
(a) In General.--Section 2 of Public Law 87-788 (commonly known as
the ``McIntire-Stennis Cooperative Forestry Act'') (16 U.S.C. 582a-1)
is amended by inserting ``and 1890 Institutions (as defined in section
2 of the Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601)),'' before ``and (b)''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 2008.
SEC. 7413. RENEWABLE RESOURCES EXTENSION ACT OF 1978.
(a) Authorization of Appropriations.--Section 6 of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1675) is amended in the
first sentence by striking ``2007'' and inserting ``2012''.
(b) Termination Date.--Section 8 of the Renewable Resources
Extension Act of 1978 (16 U.S.C. 1671 note; Public Law 95-306) is
amended by striking ``2007'' and inserting ``2012''.
SEC. 7414. NATIONAL AQUACULTURE ACT OF 1980.
Section 10 of the National Aquaculture Act of 1980 (16 U.S.C. 2809)
is amended by striking ``2007'' each place it appears and inserting
``2012''.
SEC. 7415. CONSTRUCTION OF CHINESE GARDEN AT THE NATIONAL ARBORETUM.
The Act of March 4, 1927 (20 U.S.C. 191 et seq.), is amended by
adding at the end the following:
``SEC. 7. CONSTRUCTION OF CHINESE GARDEN AT THE NATIONAL ARBORETUM.
``A Chinese Garden may be constructed at the National Arboretum
established under this Act with--
``(1) funds accepted under section 5;
``(2) authorities provided to the Secretary of Agriculture
under section 6; and
``(3) appropriations provided for this purpose.''.
SEC. 7416. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
POLICY ACT AMENDMENTS OF 1985.
Section 1431 of the National Agricultural Research, Extension, and
Teaching Policy Act Amendments of 1985 (Public Law 99-198; 99 Stat.
1556) is amended by striking ``2007'' and inserting ``2012''.
SEC. 7417. ELIGIBILITY OF UNIVERSITY OF THE DISTRICT OF COLUMBIA FOR
CERTAIN LAND-GRANT UNIVERSITY ASSISTANCE.
(a) In General.--Section 208 of the District of Columbia Public
Postsecondary Education Reorganization Act (Public Law 93-471; 88 Stat.
1428) is amended--
(1) in subsection (b)(2), by striking ``, except'' and all that
follows through the period and inserting a period; and
(2) in subsection (c)--
(A) by striking ``section 3'' each place it appears and
inserting ``section 3(c)''; and
(B) by striking ``Such sums may be used to pay'' and all
that follows through ``work.''.
(b) Effective Date.--The amendments made by this section take
effect on October 1, 2008.
Subtitle E--Miscellaneous
PART I--GENERAL PROVISIONS
SEC. 7501. DEFINITIONS.
Except as otherwise provided in this subtitle, in this subtitle:
(1) Capacity and infrastructure program.--The term ``capacity
and infrastructure program'' has the meaning given the term in
subsection (f)(1) of section 251 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971) (as added by section
7511(a)(4)).
(2) Capacity and infrastructure program critical base
funding.--The term ``capacity and infrastructure program critical
base funding'' means the aggregate amount of Federal funds made
available for capacity and infrastructure programs for fiscal year
2006, as appropriate.
(3) Competitive program.--The term ``competitive program'' has
the meaning given the term in subsection (f)(1) of section 251 of
the Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6971) (as added by section 7511(a)(4)).
(4) Competitive program critical base funding.--The term
``competitive program critical base funding'' means the aggregate
amount of Federal funds made available for competitive programs for
fiscal year 2006, as appropriate.
(5) Hispanic-serving agricultural colleges and universities.--
The term ``Hispanic-serving agricultural colleges and
universities'' has the meaning given the term in section 1404 of
the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103).
(6) NLGCA institution.--The term ``NLGCA Institution'' has the
meaning given the term in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103).
(7) 1862 institution; 1890 institution; 1994 institution.--The
terms ``1862 Institution'', ``1890 Institution'', and ``1994
Institution'' have the meanings given the terms in section 2 of the
Agricultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7601).
SEC. 7502. GRAZINGLANDS RESEARCH LABORATORY.
Except as otherwise specifically authorized by law and
notwithstanding any other provision of law, the Federal land and
facilities at El Reno, Oklahoma, administered by the Secretary (as of
the date of enactment of this Act) as the Grazinglands Research
Laboratory, shall not at any time, in whole or in part, be declared to
be excess or surplus Federal property under chapter 5 of subtitle I of
title 40, United States Code, or otherwise be conveyed or transferred
in whole or in part, for the 5-year period beginning on the date of
enactment of this Act.
SEC. 7503. FORT RENO SCIENCE PARK RESEARCH FACILITY.
The Secretary may lease land to the University of Oklahoma at the
Grazinglands Research Laboratory at El Reno, Oklahoma, on such terms
and conditions as the University and the Secretary may agree in
furtherance of cooperative research and existing easement arrangements.
SEC. 7504. ROADMAP.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary, acting through the Under Secretary of
Research, Education, and Economics (referred to in this section as the
``Under Secretary''), shall commence preparation of a roadmap for
agricultural research, education, and extension that--
(1) identifies current trends and constraints;
(2) identifies major opportunities and gaps that no single
entity within the Department of Agriculture would be able to
address individually;
(3) involves--
(A) interested parties from the Federal Government and
nongovernmental entities; and
(B) the National Agricultural Research, Extension,
Education, and Economics Advisory Board established under
section 1408 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123);
(4) incorporates roadmaps for agricultural research, education,
and extension made publicly available by other Federal entities,
agencies, or offices; and
(5) describes recommended funding levels for areas of
agricultural research, education, and extension, including--
(A) competitive programs;
(B) capacity and infrastructure programs, with attention to
the future growth needs of--
(i) small 1862 Institutions, 1890 Institutions, and
1994 Institutions;
(ii) Hispanic-serving agricultural colleges and
universities;
(iii) NLGCA Institutions; and
(iv) colleges of veterinary medicine; and
(C) intramural programs at agencies within the research,
education, and economics mission area; and
(6) describes how organizational changes enacted by this Act
have impacted agricultural research, extension, and education
across the Department of Agriculture, including minimization of
unnecessary programmatic and administrative duplication.
(b) Reviewability.--The roadmap described in this section shall not
be subject to review by any officer or employee of the Federal
Government other than the Secretary (or a designee of the Secretary).
(c) Roadmap Implementation and Report.--Not later than 1 year after
the date on which the Secretary commences preparation of the roadmap
under this section, the Secretary shall--
(1) implement and use the roadmap to set the research,
education, and extension agenda of the Department of Agriculture;
and
(2) make the roadmap available to the public.
SEC. 7505. REVIEW OF PLAN OF WORK REQUIREMENTS.
(a) Review.--The Secretary shall work with university partners in
extension and research to review and identify measures to streamline
the submission, reporting under, and implementation of plan of work
requirements, including those requirements under--
(1) sections 1444(d) and 1445(c) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3221(d) and 3222(c), respectively);
(2) section 7 of the Hatch Act of 1887 (7 U.S.C. 361g); and
(3) section 4 of the Smith-Lever Act (7 U.S.C. 344).
(b) Consultation.--In carrying out the review and formulating and
compiling the recommendations, the Secretary shall consult with the
land-grant institutions.
SEC. 7506. BUDGET SUBMISSION AND FUNDING.
(a) Definition of Competitive Programs.--In this section, the term
``competitive programs'' includes only competitive programs for which
annual appropriations are requested in the annual budget submission of
the President.
(b) Budget Request.--The President shall submit to Congress,
together with the annual budget submission of the President, a single
budget line item reflecting the total amount requested by the President
for funding for research, education, and extension activities of the
Research, Education, and Economics mission area of the Department for
that fiscal year and for the preceding 5 fiscal years.
(c) Capacity and Infrastructure Program Request.--Of the funds
requested for capacity and infrastructure programs in excess of the
capacity and infrastructure program critical base funding level,
budgetary emphasis should be placed on enhancing funding for--
(1) 1890 Institutions;
(2) 1994 Institutions;
(3) NLGCA Institutions;
(4) Hispanic-serving agricultural colleges and universities;
and
(5) small 1862 Institutions.
(d) Competitive Program Request.--Of the funds requested for
competitive programs in excess of the competitive program critical base
funding level, budgetary emphasis should be placed on--
(1) enhancing funding for emerging problems; and
(2) finding solutions for those problems.
PART II--RESEARCH, EDUCATION, AND ECONOMICS
SEC. 7511. RESEARCH, EDUCATION, AND ECONOMICS.
(a) In General.--Section 251 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971) is amended--
(1) in subsection (a), by inserting ``(referred to in this
section as the `Under Secretary')'' before the period at the end;
(2) by striking subsections (b) through (d);
(3) by redesignating subsection (e) as subsection (g); and
(4) by inserting after subsection (a) the following:
``(b) Confirmation Required.--The Under Secretary shall be
appointed by the President, by and with the advice and consent of the
Senate, from among distinguished scientists with specialized training
or significant experience in agricultural research, education, and
economics.
``(c) Chief Scientist.--The Under Secretary shall--
``(1) hold the title of Chief Scientist of the Department; and
``(2) be responsible for the coordination of the research,
education, and extension activities of the Department.
``(d) Functions of Under Secretary.--
``(1) Principal function.--The Secretary shall delegate to the
Under Secretary those functions and duties under the jurisdiction
of the Department that relate to research, education, and
economics.
``(2) Specific functions and duties.--The Under Secretary
shall--
``(A) identify, address, and prioritize current and
emerging agricultural research, education, and extension needs
(including funding);
``(B) ensure that agricultural research, education, and
extension programs are effectively coordinated and integrated--
``(i) across disciplines, agencies, and institutions;
and
``(ii) among applicable participants, grantees, and
beneficiaries;
``(C) promote the collaborative use of all agricultural
research, education, and extension resources from the local,
State, tribal, regional, national, and international levels to
address priority needs; and
``(D) foster communication among agricultural research,
education, and extension beneficiaries, including the public,
to ensure the delivery of agricultural research, education, and
extension knowledge.
``(3) Additional functions.--The Under Secretary shall perform
such other functions and duties as may be required by law or
prescribed by the Secretary.
``(e) Research, Education, and Extension Office.--
``(1) Establishment.--The Under Secretary shall organize within
the office of the Under Secretary 6 Divisions, to be known
collectively as the `Research, Education, and Extension Office',
which shall coordinate the research programs and activities of the
Department.
``(2) Division designations.--The Divisions within the
Research, Education, and Extension Office shall be as follows:
``(A) Renewable energy, natural resources, and environment.
``(B) Food safety, nutrition, and health.
``(C) Plant health and production and plant products.
``(D) Animal health and production and animal products.
``(E) Agricultural systems and technology.
``(F) Agricultural economics and rural communities.
``(3) Division chiefs.--
``(A) Selection.--The Under Secretary shall select a
Division Chief for each Division using available personnel
authority under title 5, United States Code, including--
``(i) by term, temporary, or other appointment, without
regard to--
``(I) the provisions of title 5, United States
Code, governing appointments in the competitive
service;
``(II) the provisions of subchapter I of chapter 35
of title 5, United States Code, relating to retention
preference; and
``(III) the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code,
relating to classification and General Schedule pay
rates;
``(ii) by detail, notwithstanding any Act making
appropriations for the Department of Agriculture, whether
enacted before, on, or after the date of enactment of this
paragraph, requiring reimbursement for those details unless
the appropriation Act specifically refers to this
subsection and specifically includes these details;
``(iii) by reassignment or transfer from any other
civil service position; and
``(iv) by an assignment under subchapter VI of chapter
33 of title 5, United States Code.
``(B) Selection guidelines.--To the maximum extent
practicable, the Under Secretary shall select Division Chiefs
under subparagraph (A) in a manner that--
``(i) promotes leadership and professional development;
``(ii) enables personnel to interact with other
agencies of the Department; and
``(iii) maximizes the ability of the Under Secretary to
allow for rotations of Department personnel into the
position of Division Chief.
``(C) Term of service.--Notwithstanding title 5, United
States Code, the maximum length of service for an individual
selected as a Division Chief under subparagraph (A) shall not
exceed 4 years.
``(D) Qualifications.--To be eligible for selection as a
Division Chief, an individual shall have--
``(i) conducted exemplary research, education, or
extension in the field of agriculture or forestry; and
``(ii) earned an advanced degree at an institution of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
``(E) Duties of division chiefs.--Except as otherwise
provided in this Act, each Division Chief shall--
``(i) assist the Under Secretary in identifying and
addressing emerging agricultural research, education, and
extension needs;
``(ii) assist the Under Secretary in identifying and
prioritizing Department-wide agricultural research,
education, and extension needs, including funding;
``(iii) assess the strategic workforce needs of the
research, education, and extension functions of the
Department, and develop strategic workforce plans to ensure
that existing and future workforce needs are met;
``(iv) communicate with research, education, and
extension beneficiaries, including the public, and
representatives of the research, education, and extension
system, including the National Agricultural Research,
Extension, Education, and Economics Advisory Board, to
promote the benefits of agricultural research, education,
and extension;
``(v) assist the Under Secretary in preparing and
implementing the roadmap for agricultural research,
education, and extension, as described in section 7504 of
the Food, Conservation, and Energy Act of 2008; and
``(vi) perform such other duties as the Under Secretary
may determine.
``(4) General administration.--
``(A) Funding.--Notwithstanding any Act making
appropriations for the Department of Agriculture, whether
enacted before, on, or after the date of enactment of this
paragraph unless the appropriation Act specifically refers to
this subsection and specifically includes the administration of
funds under this section, the Secretary may transfer funds made
available to an agency in the research, education, and
economics mission area to fund the costs of Division personnel.
``(B) Limitation.--To the maximum extent practicable--
``(i) the Under Secretary shall minimize the number of
full-time equivalent positions in the Divisions; and
``(ii) at no time shall the aggregate number of staff
for all Divisions exceed 30 full-time equivalent positions.
``(C) Rotation of personnel.--To the maximum extent
practicable, and using the authority described in paragraph
(3)(A), the Under Secretary shall rotate personnel among the
Divisions, and between the Divisions and agencies of the
Department, in a manner that--
``(i) promotes leadership and professional development;
and
``(ii) enables personnel to interact with other
agencies of the Department.
``(5) Organization.--The Under Secretary shall integrate
leadership functions of the national program staff of the research
agencies into the Research, Education and Extension Office in such
form as is required to ensure that administrative duplication does
not occur.
``(f) National Institute of Food and Agriculture.--
``(1) Definitions.--In this subsection:
``(A) Advisory board.--The term `Advisory Board' means the
National Agricultural Research, Extension, Education, and
Economics Advisory Board established under section 1408 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3123).
``(B) Applied research.--The term `applied research' means
research that includes expansion of the findings of fundamental
research to uncover practical ways in which new knowledge can
be advanced to benefit individuals and society.
``(C) Capacity and infrastructure program.--The term
`capacity and infrastructure program' means each of the
following agricultural research, extension, education, and
related programs for which the Secretary has administrative or
other authority as of the day before the date of enactment of
the Food, Conservation, and Energy Act of 2008:
``(i) Each program providing funding to any of the 1994
Institutions under sections 533, 534(a), and 535 of the
Equity in Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note; Public Law 103-382).
``(ii) The program established under section 536 of the
Equity in Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note; Public Law 103-382) providing research
grants for 1994 Institutions.
``(iii) Each program established under subsections (b)
and (c) of section 3 of the Smith-Lever Act (7 U.S.C. 343).
``(iv) Each program established under the Hatch Act of
1887 (7 U.S.C. 361a et seq.).
``(v) Each program established under section 1417(b) of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3152(b)).
``(vi) The animal health and disease research program
established under subtitle E of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3191 et seq.).
``(vii) Each extension program available to 1890
Institutions established under section 1444 of the National
Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3221).
``(viii) The program established under section 1445 of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3222).
``(ix) The program providing grants to upgrade
agricultural and food sciences facilities at 1890
Institutions established under section 1447 of the National
Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3222b).
``(x) The program providing distance education grants
for insular areas established under section 1490 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3362).
``(xi) The program providing resident instruction
grants for insular areas established under section 1491 of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3363).
``(xii) Each research and development and related
program established under Public Law 87-788 (commonly known
as the `McIntire-Stennis Cooperative Forestry Act') (16
U.S.C. 582a et seq.).
``(xiii) Each program established under the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.).
``(xiv) Each program providing funding to Hispanic-
serving agricultural colleges and universities under
section 1456 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977.
``(xv) The program providing capacity grants to NLGCA
Institutions under section 1473F of the National
Agricultural Research, Extension, and Teaching Policy Act
of 1977.
``(xvi) Other programs that are capacity and
infrastructure programs, as determined by the Secretary.
``(D) Competitive program.--The term `competitive program'
means each of the following agricultural research, extension,
education, and related programs for which the Secretary has
administrative or other authority as of the day before the date
of enactment of the Food, Conservation, and Energy Act of 2008:
``(i) The Agriculture and Food Research Initiative
established under section 2(b) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 450i(b)).
``(ii) The program providing competitive grants for
risk management education established under section
524(a)(3) of the Federal Crop Insurance Act (7 U.S.C.
1524(a)(3)).
``(iii) The program providing community food project
competitive grants established under section 25 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2034).
``(iv) The program providing grants for beginning
farmer and rancher development established under section
7405 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3319f).
``(v) The program providing grants under section
1417(j) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3152(j)).
``(vi) The program providing grants for Hispanic-
serving institutions established under section 1455 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3241).
``(vii) The program providing competitive grants for
international agricultural science and education programs
under section 1459A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3292b).
``(viii) The research and extension projects carried
out under section 1621 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5811).
``(ix) The organic agriculture research and extension
initiative established under section 1672B of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5925b).
``(x) The specialty crop research initiative under
section 412 of the Agricultural Research, Extension, and
Education Reform Act of 1998.
``(xi) The administration and management of the
Agricultural Bioenergy Feedstock and Energy Efficiency
Research and Extension Initiative carried out under section
1672C of the Food, Agriculture, Conservation, and Trade Act
of 1990.
``(xii) The research, extension, and education programs
authorized by section 407 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7627)
relating to the competitiveness, viability and
sustainability of small- and medium-sized dairy, livestock,
and poultry operations.
``(xiii) Other programs that are competitive programs,
as determined by the Secretary.
``(E) Director.--The term `Director' means the Director of
the Institute.
``(F) Fundamental research.--The term `fundamental
research' means research that--
``(i) increases knowledge or understanding of the
fundamental aspects of phenomena and has the potential for
broad application; and
``(ii) has an effect on agriculture, food, nutrition,
or the environment.
``(G) Institute.--The term `Institute' means the National
Institute of Food and Agriculture established by paragraph
(2)(A).
``(2) Establishment of national institute of food and
agriculture.--
``(A) Establishment.--The Secretary shall establish within
the Department an agency to be known as the `National Institute
of Food and Agriculture'.
``(B) Transfer of authorities.--The Secretary shall
transfer to the Institute, effective not later than October 1,
2009, the authorities (including all budget authorities,
available appropriations, and personnel), duties, obligations,
and related legal and administrative functions prescribed by
law or otherwise granted to the Secretary, the Department, or
any other agency or official of the Department under--
``(i) the capacity and infrastructure programs;
``(ii) the competitive programs;
``(iii) the research, education, economic, cooperative
State research programs, cooperative extension and
education programs, international programs, and other
functions and authorities delegated by the Under Secretary
to the Administrator of the Cooperative State Research,
Education, and Extension Service pursuant to section 2.66
of title 7, Code of Federal Regulations (or successor
regulations); and
``(iv) any and all other authorities administered by
the Administrator of the Cooperative State Research,
Education, and Extension Service.
``(3) Director.--
``(A) In general.--The Institute shall be headed by a
Director, who shall be an individual who is--
``(i) a distinguished scientist; and
``(ii) appointed by the President.
``(B) Supervision.--The Director shall report directly to
the Secretary, or the designee of the Secretary.
``(C) Functions of the director.--The Director shall--
``(i) serve for a 6-year term, subject to reappointment
for an additional 6-year term;
``(ii) periodically report to the Secretary, or the
designee of the Secretary, with respect to activities
carried out by the Institute; and
``(iii) consult regularly with the Secretary, or the
designee of the Secretary, to ensure, to the maximum extent
practicable, that--
``(I) research of the Institute is relevant to
agriculture in the United States and otherwise serves
the national interest; and
``(II) the research of the Institute supplements
and enhances, and does not supplant, research conducted
or funded by other Federal agencies.
``(D) Compensation.--The Director shall receive basic pay
at a rate not to exceed the maximum amount of compensation
payable to a member of the Senior Executive Service under
subsection (b) of section 5382 of title 5, United States Code,
except that the certification requirement in that subsection
shall not apply to the compensation of the Director.
``(E) Authority and responsibilities of director.--Except
as otherwise specifically provided in this subsection, the
Director shall--
``(i) exercise all of the authority provided to the
Institute by this subsection;
``(ii) formulate and administer programs in accordance
with policies adopted by the Institute, in coordination
with the Under Secretary;
``(iii) establish offices within the Institute;
``(iv) establish procedures for the provision and
administration of grants by the Institute; and
``(v) consult regularly with the Advisory Board.
``(4) Regulations.--The Institute shall have such authority as
is necessary to carry out this subsection, including the authority
to promulgate such regulations as the Institute considers to be
necessary for governance of operations, organization, and
personnel.
``(5) Administration.--
``(A) In general.--The Director shall organize offices and
functions within the Institute to administer fundamental and
applied research and extension and education programs.
``(B) Research priorities.--The Director shall ensure the
research priorities established by the Under Secretary through
the Research, Education and Extension Office are carried out by
the offices and functions of the Institute, where applicable.
``(C) Fundamental and applied research.--The Director
shall--
``(i) determine an appropriate balance between
fundamental and applied research programs and functions to
ensure future research needs are met; and
``(ii) designate staff, as appropriate, to assist in
carrying out this subparagraph.
``(D) Competitively funded awards.--The Director shall--
``(i) promote the use and growth of grants awarded
through a competitive process; and
``(ii) designate staff, as appropriate, to assist in
carrying out this subparagraph.
``(E) Coordination.--The Director shall ensure that the
offices and functions established under subparagraph (A) are
effectively coordinated for maximum efficiency.
``(6) Funding.--
``(A) In general.--In addition to funds otherwise
appropriated to carry out each program administered by the
Institute, there are authorized to be appropriated such sums as
are necessary to carry out this subsection for each fiscal
year.
``(B) Allocation.--Funding made available under
subparagraph (A) shall be allocated according to
recommendations contained in the roadmap described in section
7504 of the Food, Conservation, and Energy Act of 2008.''.
(b) Functions.--Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(6) the authority of the Secretary to establish in the
Department, under section 251--
``(A) the position of Under Secretary of Agriculture for
Research, Education, and Economics;
``(B) the Research, Education, and Extension Office; and
``(C) the National Institute of Food and Agriculture.''.
(c) Conforming Amendments.--The following conforming amendments
shall take effect on October 1, 2009:
(1) Section 522(d)(2) of the Federal Crop Insurance Act (7
U.S.C. 1522(d)(2)) is amended by striking ``the Cooperative State
Research, Education, and Extension Service'' and inserting ``the
National Institute of Food and Agriculture''.
(2) Section 524(a) of the Federal Crop Insurance Act (7 U.S.C.
1524(a)) is amended in each of paragraphs (1)(B) and (3)(A) by
striking ``the Cooperative State Research, Education, and Extension
Service'' each place it appears and inserting ``the National
Institute of Food and Agriculture''.
(3) Section 306(a)(11)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(11)(C)) is amended by striking
``the Cooperative State Research, Education, and Extension
Service'' and inserting ``the National Institute of Food and
Agriculture''.
(4) Section 5(b)(2)(E) of the Agricultural Credit Improvement
Act of 1992 (7 U.S.C. 1929 note; Public Law 102-554) is amended by
striking ``Cooperative Extension Service'' and inserting ``National
Institute of Food and Agriculture''.
(5) Section 11(f)(1) of the Food and Nutrition Act of 2008 (7
U.S.C. 2020(f)(1)) is amended by striking ``Cooperative Extension
Service'' and inserting ``National Institute of Food and
Agriculture''.
(6) Section 502(h) of the Rural Development Act of 1972 (7
U.S.C. 2662(h)) is amended--
(A) in paragraph (1), by striking ``Extension Service'' and
inserting ``National Institute of Food and Agriculture''; and
(B) in paragraph (4), by striking ``Extension Service
staff'' and inserting ``National Institute of Food and
Agriculture staff''.
(7) Section 7404(b)(1)(B) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3101 note; Public Law 107-171) is
amended by striking clause (vi) and inserting the following:
``(vi) the National Institute of Food and
Agriculture.''.
(8) Section 1408(b)(4) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(b)(4)) is
amended by striking ``the Administrator of the Cooperative State
Research, Education, and Extension Service'' and inserting ``the
Director of the National Institute of Food and Agriculture''.
(9) Section 2381(a) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3125b(a)) is amended by striking
``Extension Service'' and inserting ``National Institute of Food
and Agriculture''.
(10) The National Agricultural Research, Extension, and
Teaching Policy Act of 1977 is amended--
(A) in section 1424A(b) (7 U.S.C. 3174a(b)), by striking
``the Cooperative State Research, Education, and Extension
Service'' and inserting ``the National Institute of Food and
Agriculture''; and
(B) in section 1458(a)(10) (7 U.S.C. 3291(a)(10)), by
striking ``the Cooperative State Research, Education, and
Extension Service'' and inserting ``the National Institute of
Food and Agriculture''.
(11) Section 1587(a) of the Food Security Act of 1985 (7 U.S.C.
3175d(a)) is amended by striking ``Extension Service'' each place
it appears and inserting ``National Institute of Food and
Agriculture''.
(12) Section 1444(b)(2)(A) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3221(b)(2)(A)) is amended by striking ``Extension Service'' and
inserting ``National Institute of Food and Agriculture''.
(13) Section 1473D(d) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d(d)) is
amended by striking ``the Cooperative State Research Service, the
Extension Service'' and inserting ``the National Institute of Food
and Agriculture''.
(14) Section 1499(c) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5506(c)) is amended by striking
``the Cooperative State Research Service'' and all that follows
through ``extension services;'' and inserting ``the National
Institute of Food and Agriculture, in conjunction with the system
of State agricultural experiment stations and State and county
cooperative extension services; the Economic Research Service;''.
(15) Section 1622 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5812) is amended--
(A) in subsection (a)(1), by striking ``the Cooperative
State Research Service in close cooperation with the Extension
Service'' and inserting ``the National Institute of Food and
Agriculture'';
(B) in subsection (b)(1)--
(i) by striking subparagraphs (B) and (C) and inserting
the following:
``(B) the National Institute of Food and Agriculture;'';
and
(ii) by redesignating subparagraphs (D) through (L) as
subparagraphs (C) through (K), respectively.
(16) Section 1627(d) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5821(d)) is amended by striking
``Extension Service'' and inserting ``National Institute of Food
and Agriculture''.
(17) Section 1629 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5832) is amended--
(A) in subsection (b), in the first sentence, by striking
``the Extension Service'' and inserting ``the National
Institute of Food and Agriculture''; and
(B) in subsection (h), by striking ``Extension Service''
and inserting ``National Institute of Food and Agriculture''.
(18) Section 1638(b) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5852(b)) is amended--
(A) in paragraph (3), by striking ``Cooperative State
Research Service'' and inserting ``National Institute of Food
and Agriculture''; and
(B) in paragraph (5), by striking ``Cooperative State
Research Service'' and inserting ``National Institute of Food
and Agriculture''.
(19) Section 1640(a)(2) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5854(a)(2)) is amended by striking
``the Administrator of the Extension Service, the Administrator of
the Cooperative State Research Service'' and inserting ``the
Director of the National Institute of Food and Agriculture''.
(20) Section 1641(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5855(a)) is amended--
(A) in paragraph (2), by striking ``Cooperative State
Research Service'' and inserting ``National Institute of Food
and Agriculture''; and
(B) in paragraph (4,) by striking ``Extension Service'' and
inserting ``National Institute of Food and Agriculture''.
(21) Section 1668(b) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5921(b)) is amended by striking
``Cooperative State Research, Education, and Extension Service''
and inserting ``National Institute of Food and Agriculture''.
(22) Section 1670(a)(4) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5923(a)(4)) is amended by striking
``the Administrator of the Cooperative State Research, Education,
and Extension Service'' and inserting ``the Director of the
National Institute of Food and Agriculture''.
(23) Section 1677(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5930(a)) is amended by striking
``Extension Service'' and inserting ``National Institute of Food
and Agriculture''.
(24) Section 2122(b)(1) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 6521(b)(1)) is amended by striking
``Extension Service'' and inserting ``National Institute of Food
and Agriculture''.
(25) Section 2371 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6601) is amended--
(A) in subsection (a), by striking ``Extension Service''
and inserting ``National Institute of Food and Agriculture'';
and
(B) in subsection (c)(3), by striking ``Service'' and
inserting ``System''.
(26) Section 2377(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 6615(a)) is amended by striking
``Extension Service'' and inserting ``National Institute of Food
and Agriculture''.
(27) Section 212(a)(2)(A) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6912(a)(2)(A)) is amended by
striking ``251(d),'' and inserting ``251(f),''.
(28) Section 537 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7446) is amended in each of
subsections (a)(2) and (b)(3)(B)(i) by striking ``Cooperative State
Research, Education, and Extension Service'' and inserting
``cooperative extension''.
(29) Section 101(b)(2) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7611(b)(2)) is amended
by striking ``Cooperative State Research, Education, and Extension
Service'' and inserting ``National Institute of Food and
Agriculture''.
(30) Section 103(a) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7613(a)) is amended--
(A) in the subsection heading, by striking ``Cooperative
State Research, Education, and Extension Service'' and
inserting ``National Institute of Food and Agriculture''; and
(B) in each of paragraphs (1) and (2)(A), by striking ``the
Cooperative State Research, Education, and Extension Service''
and inserting ``the National Institute of Food and
Agriculture''.
(31) Section 407(c) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7627(c)) is amended by
striking ``the Cooperative State Research, Education, and Extension
Service'' and inserting ``the National Institute of Food and
Agriculture''.
(32) Section 410(a) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7630(a)) is amended by
striking ``the Administrator of the Cooperative State Research,
Education, and Extension Service'' and inserting ``the Director of
the National Institute of Food and Agriculture''.
(33) Section 307(g)(5) of the Agricultural Risk Protection Act
of 2000 (7 U.S.C. 8606(g)(5)) is amended by striking
``Administrator of the Cooperative State Research, Education, and
Extension Service'' and inserting ``Director of the National
Institute of Food and Agriculture''.
(34) Section 5(a) of the Renewable Resources Extension Act of
1978 (16 U.S.C. 1674a(a)) is amended by striking ``Extension
Service'' and inserting ``National Institute of Food and
Agriculture''.
(35) Section 6(b) of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103b(b)) is amended by striking ``the Cooperative
State Research, Education, and Extension Service, may provide
technical, financial, and related assistance to State foresters,
equivalent State officials, or Cooperative Extension officials''
and inserting ``the National Institute of Food and Agriculture, may
provide technical, financial, and related assistance to State
foresters, equivalent State officials, or cooperative extension
officials''.
(36) Section 9(g)(2)(A)(viii) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2105(g)(2)(A)(viii)) is amended
by striking ``Extension Service'' and inserting ``National
Institute of Food and Agriculture''.
(37) Section 19(b)(1)(B)(i) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2113(b)(1)(B)(i)) is amended by
striking ``Extension Service'' and inserting ``National Institute
of Food and Agriculture''.
(38) Section 1261(c)(4) of the Food Security Act of 1985 (16
U.S.C. 3861(c)(4)) is amended by striking ``Extension Service'' and
inserting ``National Institute of Food and Agriculture''.
(39) Section 105(a) of the Africa: Seeds of Hope Act of 1998
(22 U.S.C. 2293 note; Public Law 105-385) is amended by striking
``the Cooperative State, Research, Education, and Extension Service
(CSREES)'' and inserting ``the National Institute of Food and
Agriculture''.
(40) Section 307(a)(4) of the National Aeronautic and Space
Administration Authorization Act of 2005 (42 U.S.C. 16657(a)(4)) is
amended by striking subparagraph (B) and inserting the following:
``(B) the program and structure of, peer review process of,
management of conflicts of interest by, compensation of
reviewers of, and the effects of compensation on reviewer
efficiency and quality within, the National Institute of Food
and Agriculture of the Department of Agriculture;''.
PART III--NEW GRANT AND RESEARCH PROGRAMS
SEC. 7521. RESEARCH AND EDUCATION GRANTS FOR THE STUDY OF ANTIBIOTIC-
RESISTANT BACTERIA.
(a) In General.--The Secretary shall provide research and education
grants, on a competitive basis--
(1) to study the development of antibiotic-resistant bacteria,
including--
(A) movement of antibiotic-resistant bacteria into
groundwater and surface water; and
(B) the effect on antibiotic resistance from various drug
use regimens; and
(2) to study and ensure the judicious use of antibiotics in
veterinary and human medicine, including--
(A) methods and practices of animal husbandry;
(B) safe and effective alternatives to antibiotics;
(C) the development of better veterinary diagnostics to
improve decisionmaking; and
(D) the identification of conditions or factors that affect
antibiotic use on farms.
(b) Administration.--Paragraphs (4), (7), (8), and (11)(B) of
subsection (b) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i) shall apply with respect to the making of
grants under this section.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2008 through 2012.
SEC. 7522. FARM AND RANCH STRESS ASSISTANCE NETWORK.
(a) In General.--The Secretary, in coordination with the Secretary
of Health and Human Services, shall make competitive grants to support
cooperative programs between State cooperative extension services and
nonprofit organizations to establish a Farm and Ranch Stress Assistance
Network that provides stress assistance programs to individuals who are
engaged in farming, ranching, and other agriculture-related
occupations.
(b) Eligible Programs.--Grants awarded under subsection (a) may be
used to initiate, expand, or sustain programs that provide professional
agricultural behavioral health counseling and referral for other forms
of assistance as necessary through--
(1) farm telephone helplines and websites;
(2) community education;
(3) support groups;
(4) outreach services and activities; and
(5) home delivery of assistance, in a case in which a farm
resident is homebound.
(c) Extension Services.--Grants shall be awarded under this
subsection directly to State cooperative extension services to enable
the State cooperative extension services to enter into contracts, on a
multiyear basis, with nonprofit, community-based, direct-service
organizations to initiate, expand, or sustain cooperative programs
described in subsections (a) and (b).
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2008 through 2012.
SEC. 7523. SEED DISTRIBUTION.
(a) In General.--The Secretary shall make competitive grants to
eligible entities to carry out a seed distribution program to
administer and maintain the distribution of vegetable seeds donated by
commercial seed companies.
(b) Purposes.--The purposes of this program include--
(1) the distribution of seeds donated by commercial seed
companies free-of-charge to appropriate--
(A) individuals;
(B) groups;
(C) institutions;
(D) governmental and nongovernmental organizations; and
(E) such other entities as the Secretary may designate;
(2) distribution of seeds to underserved communities, such as
communities that experience--
(A) limited access to affordable fresh vegetables;
(B) a high rate of hunger or food insecurity; or
(C) severe or persistent poverty.
(c) Administration.--Paragraphs (4), (7), (8), and (11)(B) of
subsection (b) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 450i) shall apply with respect to the making of
grants under this section.
(d) Selection.--An eligible entity selected to receive a grant
under subsection (a) shall have--
(1) expertise regarding the distribution of vegetable seeds
donated by commercial seed companies; and
(2) the ability to achieve the purpose of the seed distribution
program.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2008 through 2012.
SEC. 7524. LIVE VIRUS FOOT AND MOUTH DISEASE RESEARCH.
(a) In General.--The Secretary shall issue a permit required under
section 12 of the Act of May 29, 1884 (21 U.S.C. 113a) to the Secretary
of Homeland Security for work on the live virus of foot and mouth
disease at any facility that is a successor to the Plum Island Animal
Disease Center and charged with researching high-consequence biological
threats involving zoonotic and foreign animal diseases (referred to in
this section as the ``successor facility'').
(b) Limitation to Single Facility.--Not more than 1 facility shall
be issued a permit under subsection (a).
(c) Limitation on Validity.--The permit issued under this section
shall be valid unless the Secretary determines that the study of live
foot and mouth disease virus at the successor facility is not being
carried out in accordance with the regulations promulgated by the
Secretary pursuant to the Agricultural Bioterrorism Protection Act of
2002 (7 U.S.C. 8401 et seq.).
(d) Authority.--The suspension, revocation, or other impairment of
the permit issued under this section--
(1) shall be made by the Secretary; and
(2) is a nondelegable function.
SEC. 7525. NATURAL PRODUCTS RESEARCH PROGRAM.
(a) In General.--The Secretary shall establish within the
Department a natural products research program.
(b) Duties.--In carrying out the program established under
subsection (a), the Secretary shall coordinate research relating to
natural products, including--
(1) research to improve human health and agricultural
productivity through the discovery, development, and
commercialization of products and agrichemicals from bioactive
natural products, including products from plant, marine, and
microbial sources;
(2) research to characterize the botanical sources, production,
chemistry, and biological properties of plant-derived natural
products; and
(3) other research priorities identified by the Secretary.
(c) Peer and Merit Review.--The Secretary shall--
(1) determine the relevance and merit of research under this
section through a system of peer review established by the
Secretary pursuant to section 103 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7613); and
(2) approve funding for research on the basis of merit,
quality, and relevance to advancing the purposes of this section.
(d) Buildings and Facilities.--Funds made available under this
section shall not be used for the construction of a new building or
facility or the acquisition, expansion, remodeling, or alteration of an
existing building or facility (including site grading and improvement
and architect fees).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2008 through 2012.
SEC. 7526. SUN GRANT PROGRAM.
(a) Establishment.--The Secretary shall establish and carry out a
program to provide grants to the sun grant centers and subcenter
specified in subsection (b)--
(1) to enhance national energy security through the
development, distribution, and implementation of biobased energy
technologies;
(2) to promote diversification in, and the environmental
sustainability of, agricultural production in the United States
through biobased energy and product technologies;
(3) to promote economic diversification in rural areas of the
United States through biobased energy and product technologies; and
(4) to enhance the efficiency of bioenergy and biomass research
and development programs through improved coordination and
collaboration among--
(A) the Department of Agriculture;
(B) the Department of Energy; and
(C) land-grant colleges and universities.
(b) Grants.--
(1) In general.--The Secretary shall use amounts made available
under subsection (g) to provide grants to each of the following:
(A) North-central center.--A north-central sun grant center
at South Dakota State University for the region composed of the
States of Illinois, Indiana, Iowa, Minnesota, Montana,
Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming.
(B) Southeastern center.--A southeastern sun grant center
at the University of Tennessee at Knoxville for the region
composed of--
(i) the States of Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina, Tennessee, and
Virginia;
(ii) the Commonwealth of Puerto Rico; and
(iii) the United States Virgin Islands.
(C) South-central center.--A south-central sun grant center
at Oklahoma State University for the region composed of the
States of Arkansas, Colorado, Kansas, Louisiana, Missouri, New
Mexico, Oklahoma, and Texas.
(D) Western center.--A western sun grant center at Oregon
State University for the region composed of--
(i) the States of Alaska, Arizona, California, Hawaii,
Idaho, Nevada, Oregon, Utah, and Washington; and
(ii) insular areas (as defined in section 1404 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103 (other than the insular
areas referred to in clauses (ii) and (iii) of subparagraph
(B))).
(E) Northeastern center.--A northeastern sun grant center
at Cornell University for the region composed of the States of
Connecticut, Delaware, Massachusetts, Maryland, Maine,
Michigan, New Hampshire, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, Vermont, and West Virginia.
(F) Western insular pacific subcenter.--A western insular
Pacific sun grant subcenter 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.
(2) Manner of distribution.--
(A) Centers.--In providing any funds made available under
subsection (g), the Secretary shall distribute the grants in
equal amounts to the sun grant centers described in
subparagraphs (A) through (E) of paragraph (1).
(B) Subcenter.--The sun grant center described in paragraph
(1)(D) shall allocate a portion of the funds received under
paragraph (1) to the subcenter described in paragraph (1)(F)
pursuant to guidance issued by the Secretary.
(3) Failure to comply with requirements.--If the Secretary
finds on the basis of a review of the annual report required under
subsection (f) or on the basis of an audit of a sun grant center or
subcenter conducted by the Secretary that the center or subcenter
has not complied with the requirements of this section, the sun
grant center or subcenter shall be ineligible to receive further
grants under this section for such period of time as may be
prescribed by the Secretary.
(c) Use of Funds.--
(1) Competitive grants.--
(A) In general.--A sun grant center or subcenter shall use
75 percent of the funds described in subsection (b) to provide
competitive grants to entities that are--
(i) eligible to receive grants under subsection (b)(7)
of the Competitive, Special, and Facilities Research Grant
Act (7 U.S.C. 450i(b)(7)); and
(ii) located in the region covered by the sun grant
center or subcenter.
(B) Activities.--Grants described in subparagraph (A) shall
be used by the grant recipient to conduct, in a manner
consistent with the purposes described in subsection (a),
multi-institutional and multistate--
(i) research, extension, and education programs on
technology development; and
(ii) integrated research, extension, and education
programs on technology implementation.
(C) Funding allocation.--Of the amount of funds that is
used to provide grants under subparagraph (A), the sun grant
center or subcenter shall use--
(i) not less than 30 percent of the funds to carry out
the programs described in subparagraph (B)(i); and
(ii) not less than 30 percent of the funds to carry out
the programs described in subparagraph (B)(ii).
(D) Administration.--
(i) Peer and merit review.--In making grants under this
paragraph, a sun grant center or subcenter shall--
(I) seek and accept proposals for grants;
(II) determine the relevance and merit of proposals
through a system of peer review similar to that
established by the Secretary pursuant to section 103 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7613); and
(III) award grants on the basis of merit, quality,
and relevance to advancing the purposes of this
section.
(ii) Priority.--A sun grant center or subcenter shall
give a higher priority to programs that are consistent with
the plan approved by the Secretary under subsection (d).
(iii) Term.--A grant awarded by a sun grant center or
subcenter shall have a term that does not exceed 5 years.
(iv) Matching funds required.--
(I) In general.--Except as provided in subclauses
(II) and (III), as a condition of receiving a grant
under this paragraph, the sun grant center or subcenter
shall require that not less than 20 percent of the cost
of an activity described in subparagraph (B) be matched
with funds, including in-kind contributions, from a
non-Federal source.
(II) Exclusion.--Subclause (I) shall not apply to
fundamental research (as defined in subsection (f)(1)
of section 251 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971) (as added by
section 7511(a)(4)).
(III) Reduction.--The sun grant center or subcenter
may reduce or eliminate the requirement for non-Federal
funds under subclause (I) for applied research (as
defined in subsection (f)(1) of section 251 of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6971) (as added by section 7511(a)(4)) if the
sun grant center or subcenter determines that the
reduction is necessary and appropriate pursuant to
guidance issued by the Secretary.
(v) Buildings and facilities.--Funds made available for
grants shall not be used for the construction of a new
building or facility or the acquisition, expansion,
remodeling, or alteration of an existing building or
facility (including site grading and improvement and
architect fees).
(vi) Limitation on indirect costs.--A sun grant center
or subcenter may not recover the indirect costs of making
grants under subparagraph (A).
(2) Administrative expenses.--A sun grant center or subcenter
may use up to 4 percent of the funds described in subsection (b) to
pay administrative expenses incurred in carrying out paragraph (1).
(3) Research, extension and educational activities.--The sun
grant centers and subcenter shall use the remainder of the funds
described in subsection (b) to conduct, in a manner consistent with
the purposes described in subsection (a), multi-institutional and
multistate--
(A) research, extension, and educational programs on
technology development; and
(B) integrated research, extension, and educational
programs on technology implementation.
(d) Plan for Research Activities to Be Funded.--
(1) In general.--Subject to the availability of funds under
subsection (g), and in cooperation with land-grant colleges and
universities and private industry in accordance with paragraph (2),
the sun grant centers and subcenter shall jointly develop and
submit to the Secretary for approval a plan for addressing the
bioenergy, biomass, and gasification research priorities of the
Department of Agriculture and the Department of Energy at the State
and regional levels.
(2) Gasification coordination.--With respect to gasification
research activity, the sun grant centers and subcenter shall
coordinate planning with land-grant colleges and universities in
their respective regions that have ongoing research activities in
that area.
(3) Funding.--Funds described in subsection (c)(2) shall be
available to carry out planning coordination under paragraph (1).
(4) Use of plan.--The sun grant centers and subcenter shall use
the plan described in paragraph (1) in making grants under
subsection (c)(1).
(e) Grant Information Analysis Center.--The sun grant centers and
subcenter shall maintain a Sun Grant Information Analysis Center at the
sun grant center specified in subsection (b)(1)(A) to provide the sun
grant centers and subcenter with analysis and data management support.
(f) Annual Reports.--Not later than 90 days after the end of each
fiscal year, a sun grant center or subcenter receiving a grant under
this section shall submit to the Secretary a report that describes the
policies, priorities, and operations of the program carried out by the
center or subcenter during the fiscal year, including--
(1) the results of all peer and merit review procedures
conducted pursuant to subsection (c)(1)(D)(i); and
(2) a description of progress made in facilitating the
priorities described in subsection (d)(1).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2008 through 2012, of which not more than $4,000,000 for each
fiscal year shall be made available to carry out subsection (e).
SEC. 7527. STUDY AND REPORT ON FOOD DESERTS.
(a) Definition of Food Desert.--In this section, the term ``food
desert'' means an area in the United States with limited access to
affordable and nutritious food, particularly such an area composed of
predominantly lower-income neighborhoods and communities.
(b) Study and Report.--The Secretary shall carry out a study of,
and prepare a report on, food deserts.
(c) Contents.--The study and report shall--
(1) assess the incidence and prevalence of food deserts;
(2) identify--
(A) characteristics and factors causing and influencing
food deserts; and
(B) the effect on local populations of limited access to
affordable and nutritious food; and
(3) provide recommendations for addressing the causes and
effects of food deserts through measures that include--
(A) community and economic development initiatives;
(B) incentives for retail food market development,
including supermarkets, small grocery stores, and farmers'
markets; and
(C) improvements to Federal food assistance and nutrition
education programs.
(d) Coordination With Other Agencies and Organizations.--The
Secretary shall conduct the study under this section in coordination
and consultation with--
(1) the Secretary of Health and Human Services;
(2) the Administrator of the Small Business Administration;
(3) the Institute of Medicine; and
(4) representatives of appropriate businesses, academic
institutions, and nonprofit and faith-based organizations.
(e) Submission to Congress.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate the report prepared
under this section, including the findings and recommendations
described in subsection (c).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000.
SEC. 7528. DEMONSTRATION PROJECT AUTHORITY FOR TEMPORARY POSITIONS.
Notwithstanding section 4703(d)(1) of title 5, United States Code,
the amendment to the personnel management demonstration project
established in the Department of Agriculture (67 Fed. Reg. 70776
(2002)), shall become effective upon the date of enactment of this Act
and shall remain in effect unless modified by law.
SEC. 7529. AGRICULTURAL AND RURAL TRANSPORTATION RESEARCH AND
EDUCATION.
(a) In General.--The Secretary, in consultation with the Secretary
of Transportation, shall make competitive grants to institutions of
higher education to carry out agricultural and rural transportation
research and education activities.
(b) Activities.--Research and education grants made under this
section shall be used to address rural transportation and logistics
needs of agricultural producers and related rural businesses,
including--
(1) the transportation of biofuels; and
(2) the export of agricultural products.
(c) Selection Criteria.--
(1) In general.--The Secretary shall award grants under this
section on the basis of the transportation research, education, and
outreach expertise of the applicant, as determined by the
Secretary.
(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to institutions of higher education
for use in coordinating research and education activities with
other institutions of higher education with similar agricultural
and rural transportation research and education programs.
(d) Diversification of Research.--The Secretary shall award grants
under this section in areas that are regionally diverse and broadly
representative of the diversity of agricultural production and related
transportation needs in the rural areas of the United States.
(e) Matching Funds Requirement.--The Secretary shall require each
recipient of a grant under this section to provide, from non-Federal
sources, in cash or in kind, 50 percent of the cost of carrying out
activities under the grant.
(f) Grant Review.--A grant shall be awarded under this section on a
competitive, peer- and merit-reviewed basis in accordance with section
103(a) of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7613(a)).
(g) No Duplication.--In awarding grants under this section, the
Secretary shall ensure that activities funded under this section do not
duplicate the efforts of the University Transportation Centers
described in sections 5505 and 5506 of title 49, United States Code.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2008 through 2012.
TITLE VIII--FORESTRY
Subtitle A--Amendments to Cooperative Forestry Assistance Act of 1978
SEC. 8001. NATIONAL PRIORITIES FOR PRIVATE FOREST CONSERVATION.
Section 2 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2101) is amended--
(1) by redesignating subsections (c) and (d) as subsections (e)
and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Priorities.--In allocating funds appropriated or otherwise
made available under this Act, the Secretary shall focus on the
following national private forest conservation priorities,
notwithstanding other priorities specified elsewhere in this Act:
``(1) Conserving and managing working forest landscapes for
multiple values and uses.
``(2) Protecting forests from threats, including catastrophic
wildfires, hurricanes, tornados, windstorms, snow or ice storms,
flooding, drought, invasive species, insect or disease outbreak, or
development, and restoring appropriate forest types in response to
such threats.
``(3) Enhancing public benefits from private forests, including
air and water quality, soil conservation, biological diversity,
carbon storage, forest products, forestry-related jobs, production
of renewable energy, wildlife, wildlife corridors and wildlife
habitat, and recreation.
``(d) Reporting Requirement.--Not later than September 30, 2011,
the Secretary shall submit to Congress a report describing how funds
were used under this Act, and through other programs administered by
the Secretary, to address the national priorities specified in
subsection (c) and the outcomes achieved in meeting the national
priorities.''.
SEC. 8002. LONG-TERM STATE-WIDE ASSESSMENTS AND STRATEGIES FOR FOREST
RESOURCES.
The Cooperative Forestry Assistance Act of 1978 is amended by
inserting after section 2 (16 U.S.C. 2101) the following new section:
``SEC. 2A. STATE-WIDE ASSESSMENT AND STRATEGIES FOR FOREST RESOURCES.
``(a) Assessment and Strategies for Forest Resources.--For a State
to be eligible to receive funds under the authorities of this Act, the
State forester of that State or equivalent State official shall develop
and submit to the Secretary, not later than two years after the date of
enactment of the Food, Conservation, and Energy Act of 2008, the
following:
``(1) A State-wide assessment of forest resource conditions,
including--
``(A) the conditions and trends of forest resources in that
State;
``(B) the threats to forest lands and resources in that
State consistent with the national priorities specified in
section 2(c);
``(C) any areas or regions of that State that are a
priority; and
``(D) any multi-State areas that are a regional priority.
``(2) A long-term State-wide forest resource strategy,
including--
``(A) strategies for addressing threats to forest resources
in the State outlined in the assessment required by paragraph
(1); and
``(B) a description of the resources necessary for the
State forester or equivalent State official from all sources to
address the State-wide strategy.
``(b) Updating.--At such times as the Secretary determines to be
necessary, the State forester or equivalent State official shall update
and resubmit to the Secretary the State-wide assessment and State-wide
strategy required by subsection (a).
``(c) Coordination.--In developing or updating the State-wide
assessment and State-wide strategy required by subsection (a), the
State Forester or equivalent State official shall coordinate with--
``(1) the State Forest Stewardship Coordinating Committee
established for the State under section 19(b);
``(2) the State wildlife agency, with respect to strategies
contained in the State wildlife action plans;
``(3) the State Technical Committee;
``(4) applicable Federal land management agencies; and
``(5) for purposes of the Forest Legacy Program under section
7, the State lead agency designated by the Governor.
``(d) Incorporation of Other Plans.--In developing or updating the
State-wide assessment and State-wide strategy required by subsection
(a), the State forester or equivalent State official shall incorporate
any forest management plan of the State, including community wildfire
protection plans and State wildlife action plans.
``(e) Sufficiency.--Once approved by the Secretary, a State-wide
assessment and State-wide strategy developed under subsection (a) shall
be deemed to be sufficient to satisfy all relevant State planning and
assessment requirements under this Act.
``(f) Funding.--
``(1) Authorization of appropriations.--There are authorized to
be appropriated to carry out this section up to $10,000,000 for
each of fiscal years 2008 through 2012.
``(2) Additional funding sources.--In addition to the funds
appropriated for a fiscal year pursuant to the authorization of
appropriations in paragraph (1) to carry out this section, the
Secretary may use any other funds made available for planning under
this Act to carry out this section, except that the total amount of
combined funding used to carry out this section may not exceed
$10,000,000 in any fiscal year.
``(g) Annual Report on Use of Funds.--The State forester or
equivalent State official shall submit to the Secretary an annual
report detailing how funds made available to the State under this Act
are being used.''.
SEC. 8003. COMMUNITY FOREST AND OPEN SPACE CONSERVATION PROGRAM.
(a) Findings.--Congress finds that--
(1) the Forest Service projects that, by calendar year 2030,
approximately 44,000,000 acres of privately-owned forest land will
be developed throughout the United States;
(2) public access to parcels of privately-owned forest land for
outdoor recreational activities, including hunting, fishing, and
trapping, has declined and, as a result, participation in those
activities has also declined in cases in which public access is not
secured;
(3) rising rates of obesity and other public health problems
relating to the inactivity of the citizens of the United States
have been shown to be ameliorated by improving public access to
safe and attractive areas for outdoor recreation;
(4) in rapidly-growing communities of all sizes throughout the
United States, remaining parcels of forest land play an essential
role in protecting public water supplies;
(5) forest parcels owned by local governmental entities and
nonprofit organizations are providing important demonstration sites
for private landowners to learn forest management techniques;
(6) throughout the United States, communities of diverse types
and sizes are deriving significant financial and community benefits
from managing forest land owned by local governmental entities for
timber and other forest products; and
(7) there is an urgent need for local governmental entities to
be able to leverage financial resources in order to purchase
important parcels of privately-owned forest land as the parcels are
offered for sale.
(b) Community Forest and Open Space Conservation Program.--The
Cooperative Forestry Assistance Act of 1978 is amended by inserting
after section 7 (16 U.S.C. 2103c) the following new section:
``SEC. 7A. COMMUNITY FOREST AND OPEN SPACE CONSERVATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
local governmental entity, Indian tribe, or nonprofit organization
that owns or acquires a parcel under the program.
``(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) Local governmental entity.--The term `local governmental
entity' includes any municipal government, county government, or
other local government body with jurisdiction over local land use
decisions.
``(4) Nonprofit organization.--The term `nonprofit
organization' means any organization that--
``(A) is described in section 170(h)(3) of the Internal
Revenue Code of 1986; and
``(B) operates in accordance with 1 or more of the purposes
specified in section 170(h)(4)(A) of that Code.
``(5) Program.--The term `Program' means the community forest
and open space conservation program established under subsection
(b).
``(6) Secretary.--The term `Secretary' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
``(b) Establishment.--The Secretary shall establish a program, to
be known as the `community forest and open space conservation program'.
``(c) Grant Program.--
``(1) In general.--The Secretary may award grants to eligible
entities to acquire private forest land, to be owned in fee simple,
that--
``(A) are threatened by conversion to nonforest uses; and
``(B) provide public benefits to communities, including--
``(i) economic benefits through sustainable forest
management;
``(ii) environmental benefits, including clean water
and wildlife habitat;
``(iii) benefits from forest-based educational
programs, including vocational education programs in
forestry;
``(iv) benefits from serving as models of effective
forest stewardship for private landowners; and
``(v) recreational benefits, including hunting and
fishing.
``(2) Federal cost share.--An eligible entity may receive a
grant under the Program in an amount equal to not more than 50
percent of the cost of acquiring 1 or more parcels, as determined
by the Secretary.
``(3) Non-federal share.--As a condition of receipt of the
grant, an eligible entity that receives a grant under the Program
shall provide, in cash, donation, or in kind, a non-Federal
matching share in an amount that is at least equal to the amount of
the grant received.
``(4) Appraisal of parcels.--To determine the non-Federal share
of the cost of a parcel of privately-owned forest land under
paragraph (2), an eligible entity shall require appraisals of the
land that comply with the Uniform Appraisal Standards for Federal
Land Acquisitions developed by the Interagency Land Acquisition
Conference.
``(5) Application.--An eligible entity that seeks to receive a
grant under the Program shall submit to the State forester or
equivalent official (or in the case of an Indian tribe, an
equivalent official of the Indian tribe) an application that
includes--
``(A) a description of the land to be acquired;
``(B) a forest plan that provides--
``(i) a description of community benefits to be
achieved from the acquisition of the private forest land;
and
``(ii) an explanation of the manner in which any
private forest land to be acquired using funds from the
grant will be managed; and
``(C) such other relevant information as the Secretary may
require.
``(6) Effect on trust land.--
``(A) Ineligibility.--The Secretary shall not provide a
grant under the Program for any project on land held in trust
by the United States (including Indian reservations and
allotment land).
``(B) Acquired land.--No land acquired using a grant
provided under the Program shall be converted to land held in
trust by the United States on behalf of any Indian tribe.
``(7) Applications to secretary.--The State forester or
equivalent official (or in the case of an Indian tribe, an
equivalent official of the Indian tribe) shall submit to the
Secretary a list that includes a description of each project
submitted by an eligible entity at such times and in such form as
the Secretary shall prescribe.
``(d) Duties of Eligible Entity.--An eligible entity shall provide
public access to, and manage, forest land acquired with a grant under
this section in a manner that is consistent with the purposes for which
the land was acquired under the Program.
``(e) Prohibited Uses.--
``(1) In general.--Subject to paragraphs (2) and (3), an
eligible entity that acquires a parcel under the Program shall not
sell the parcel or convert the parcel to nonforest use.
``(2) Reimbursement of funds.--An eligible entity that sells or
converts to nonforest use a parcel acquired under the Program shall
pay to the Federal Government an amount equal to the greater of the
current sale price, or current appraised value, of the parcel.
``(3) Loss of eligibility.--An eligible entity that sells or
converts a parcel acquired under the Program shall not be eligible
for additional grants under the Program.
``(f) State Administration and Technical Assistance.--The Secretary
may allocate not more than 10 percent of all funds made available to
carry out the Program for each fiscal year to State foresters or
equivalent officials (including equivalent officials of Indian tribes)
for Program administration and technical assistance.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
SEC. 8004. ASSISTANCE TO THE FEDERATED STATES OF MICRONESIA, THE
REPUBLIC OF THE MARSHALL ISLANDS, AND THE REPUBLIC OF PALAU.
Section 13(d)(1) of the Cooperative Forestry Act of 1978 (16 U.S.C.
2109(d)(1)) is amended by striking ``the Trust Territory of the Pacific
Islands,'' and inserting ``the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau,''.
SEC. 8005. CHANGES TO FOREST RESOURCE COORDINATING COMMITTEE.
Section 19 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2113) is amended by striking subsection (a) and inserting the
following new subsection:
``(a) Forest Resource Coordinating Committee.--
``(1) Establishment.--The Secretary shall establish a
committee, to be known as the `Forest Resource Coordinating
Committee' (in this section referred to as the `Coordinating
Committee'), to coordinate nonindustrial private forestry
activities within the Department of Agriculture and with the
private sector.
``(2) Composition.--The Coordinating Committee shall be
composed of the following:
``(A) The Chief of the Forest Service.
``(B) The Chief of the Natural Resources Conservation
Service.
``(C) The Director of the Farm Service Agency.
``(D) The Director of the National Institute of Food and
Agriculture.
``(E) Non-Federal representatives appointed by the
Secretary to 3 year terms, although initial appointees shall
have staggered terms, including the following persons:
``(i) At least three State foresters or equivalent
State officials from geographically diverse regions of the
United States.
``(ii) A representative of a State fish and wildlife
agency.
``(iii) An owner of nonindustrial private forest land.
``(iv) A forest industry representative.
``(v) A conservation organization representative.
``(vi) A land-grant university or college
representative.
``(vii) A private forestry consultant.
``(viii) A representative from a State Technical
Committee established under section 1261 of the Food
Security Act of 1985 (16 U.S.C. 3861).
``(F) Such other persons as determined by the Secretary to
be appropriate.
``(3) Chairperson.--The Chief of the Forest Service shall serve
as chairperson of the Coordinating Committee.
``(4) Duties.--The Coordinating Committee shall--
``(A) provide direction and coordination of actions within
the Department of Agriculture, and coordination with State
agencies and the private sector, to effectively address the
national priorities specified in section 2(c), with specific
focus owners of nonindustrial private forest land;
``(B) clarify individual agency responsibilities of each
agency represented on the Coordinating Committee concerning the
national priorities specified in section 2(c), with specific
focus on nonindustrial private forest land;
``(C) provide advice on the allocation of funds, including
the competitive funds set-aside by sections 13A and 13B; and
``(D) assist the Secretary in developing and reviewing the
report required by section 2(d).
``(5) Meeting.--The Coordinating Committee shall meet annually
to discuss progress in addressing the national priorities specified
in section 2(c) and issues regarding nonindustrial private forest
land.
``(6) Compensation.--
``(A) Federal members.--Members of the Coordinating
Committee who are full-time officers or employees of the United
States shall receive no additional pay, allowances, or benefits
by reason of their service on the Coordinating Committee.
``(B) Non-federal members.--Non-federal members of the
Coordinating Committee shall serve without pay, but may be
reimbursed for reasonable costs incurred while performing their
duties on behalf of the Coordinating Committee.''.
SEC. 8006. CHANGES TO STATE FOREST STEWARDSHIP COORDINATING COMMITTEES.
Section 19(b) of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2113(b)) is amended--
(1) in paragraph (1)(B)(ii)--
(A) by striking ``and'' at the end of subclause (VII); and
(B) by adding at the end the following new subclause:
``(IX) the State Technical Committee.''.
(2) in paragraph (2)(C), by striking ``a Forest Stewardship
Plan under paragraph (3)'' and inserting ``the State-wide
assessment and strategy regarding forest resource conditions under
section 2A'';
(3) by striking paragraphs (3) and (4); and
(4) by redesignating paragraphs (5) and (6) as paragraphs (3)
and (4), respectively.
SEC. 8007. COMPETITION IN PROGRAMS UNDER COOPERATIVE FORESTRY
ASSISTANCE ACT OF 1978.
The Cooperative Forestry Assistance Act of 1978 is amended by
inserting after section 13 (16 U.S.C. 2109) the following new section:
``SEC. 13A. COMPETITIVE ALLOCATION OF FUNDS TO STATE FORESTERS OR
EQUIVALENT STATE OFFICIALS.
``(a) Competition.--Beginning not later than 3 years after the date
of the enactment of the Food, Conservation, and Energy Act of 2008, the
Secretary shall competitively allocate a portion, to be determined by
the Secretary, of the funds available under this Act to State foresters
or equivalent State officials.
``(b) Determination.--In determining the competitive allocation of
funds under subsection (a), the Secretary shall consult with the Forest
Resource Coordinating Committee established by section 19(a).
``(c) Priority.--The Secretary shall give priority for funding to
States for which the long-term State-wide forest resource strategies
submitted under section 2A(a)(2) will best promote the national
priorities specified in section 2(c).''.
SEC. 8008. COMPETITIVE ALLOCATION OF FUNDS FOR COOPERATIVE FOREST
INNOVATION PARTNERSHIP PROJECTS.
The Cooperative Forestry Assistance Act of 1978 is amended by
inserting after section 13A, as added by section 8006, the following
new section:
``SEC. 13B. COMPETITIVE ALLOCATION OF FUNDS FOR COOPERATIVE FOREST
INNOVATION PARTNERSHIP PROJECTS.
``(a) Cooperative Forest Innovation Partnership Projects.--The
Secretary may competitively allocate not more than 5 percent of the
funds made available under this Act to support innovative national,
regional, or local education, outreach, or technology transfer projects
that the Secretary determines would substantially increase the ability
of the Department of Agriculture to address the national priorities
specified in section 2(c).
``(b) Eligibility.--Notwithstanding the eligibility limitations
contained in this Act, any State or local government, Indian tribe,
land-grant college or university, or private entity shall be eligible
to compete for funds to be competitively allocated under subsection
(a).
``(c) Cost-Share Requirement.--In carrying out subsection (a), the
Secretary shall not cover more than 50 percent of the total cost of a
project under such subsection. In calculating the total cost of a
project and contributions made with regard to the project, the
Secretary shall include in-kind contributions.''.
Subtitle B--Cultural and Heritage Cooperation Authority
SEC. 8101. PURPOSES.
The purposes of this subtitle are--
(1) to authorize the reburial of human remains and cultural
items on National Forest System land, including human remains and
cultural items repatriated under the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et seq.);
(2) to prevent the unauthorized disclosure of information
regarding reburial sites, including the quantity and identity of
human remains and cultural items on sites and the location of
sites;
(3) to authorize the Secretary of Agriculture to ensure access
to National Forest System land, to the maximum extent practicable,
by Indians and Indian tribes for traditional and cultural purposes;
(4) to authorize the Secretary to provide forest products,
without consideration, to Indian tribes for traditional and
cultural purposes;
(5) to authorize the Secretary to protect the confidentiality
of certain information, including information that is culturally
sensitive to Indian tribes;
(6) to increase the availability of Forest Service programs and
resources to Indian tribes in support of the policy of the United
States to promote tribal sovereignty and self-determination; and
(7) to strengthen support for the policy of the United States
of protecting and preserving the traditional, cultural, and
ceremonial rites and practices of Indian tribes, in accordance with
Public Law 95-341 (commonly known as the American Indian Religious
Freedom Act; 42 U.S.C. 1996).
SEC. 8102. DEFINITIONS.
In this subtitle:
(1) Adjacent site.--The term ``adjacent site'' means a site
that borders a boundary line of National Forest System land.
(2) Cultural items.--The term ``cultural items'' has the
meaning given the term in section 2 of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001), except that the
term does not include human remains.
(3) Human remains.--The term ``human remains'' means the
physical remains of the body of a person of Indian ancestry.
(4) Indian.--The term ``Indian'' means an individual who is a
member of an Indian tribe.
(5) Indian tribe.--The term ``Indian tribe'' means any Indian
or Alaska Native tribe, band, nation, pueblo, village, or other
community the name of which is included on a list published by the
Secretary of the Interior pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).
(6) Lineal descendant.--The term ``lineal descendant'' means an
individual that can trace, directly and without interruption, the
ancestry of the individual through the traditional kinship system
of an Indian tribe, or through the common law system of descent, to
a known Indian, the human remains, funerary objects, or other
sacred objects of whom are claimed by the individual.
(7) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1609(a)).
(8) Reburial site.--The term ``reburial site'' means a specific
physical location at which cultural items or human remains are
reburied.
(9) Traditional and cultural purpose.--The term ``traditional
and cultural purpose'', with respect to a definable use, area, or
practice, means that the use, area, or practice is identified by an
Indian tribe as traditional or cultural because of the long-
established significance or ceremonial nature of the use, area, or
practice to the Indian tribe.
SEC. 8103. REBURIAL OF HUMAN REMAINS AND CULTURAL ITEMS.
(a) Reburial Sites.--In consultation with an affected Indian tribe
or lineal descendant, the Secretary may authorize the use of National
Forest System land by the Indian tribe or lineal descendant for the
reburial of human remains or cultural items in the possession of the
Indian tribe or lineal descendant that have been disinterred from
National Forest System land or an adjacent site.
(b) Reburial.--With the consent of the affected Indian tribe or
lineal descendent, the Secretary may recover and rebury, at Federal
expense or using other available funds, human remains and cultural
items described in subsection (a) at the National Forest System land
identified under that subsection.
(c) Authorization of Use.--
(1) In general.--Subject to paragraph (2), the Secretary may
authorize such uses of reburial sites on National Forest System
land, or on the National Forest System land immediately surrounding
a reburial site, as the Secretary determines to be necessary for
management of the National Forest System.
(2) Avoidance of adverse impacts.--In carrying out paragraph
(1), the Secretary shall avoid adverse impacts to cultural items
and human remains, to the maximum extent practicable.
SEC. 8104. TEMPORARY CLOSURE FOR TRADITIONAL AND CULTURAL PURPOSES.
(a) Recognition of Historic Use.--To the maximum extent
practicable, the Secretary shall ensure access to National Forest
System land by Indians for traditional and cultural purposes, in
accordance with subsection (b), in recognition of the historic use by
Indians of National Forest System land.
(b) Closing Land From Public Access.--
(1) Authority to close.--Upon the approval by the Secretary of
a request from an Indian tribe, the Secretary may temporarily close
from public access specifically identified National Forest System
land to protect the privacy of tribal activities for traditional
and cultural purposes.
(2) Limitation.--A closure of National Forest System land under
paragraph (1) shall affect the smallest practicable area for the
minimum period necessary for activities of the applicable Indian
tribe.
(3) Consistency.--Access by Indian tribes to National Forest
System land under this subsection shall be consistent with the
purposes of Public Law 95-341 (commonly known as the American
Indian Religious Freedom Act; 42 U.S.C. 1996).
SEC. 8105. FOREST PRODUCTS FOR TRADITIONAL AND CULTURAL PURPOSES.
(a) In General.--Notwithstanding section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a), the Secretary may provide free
of charge to Indian tribes any trees, portions of trees, or forest
products from National Forest System land for traditional and cultural
purposes.
(b) Prohibition.--Trees, portions of trees, or forest products
provided under subsection (a) may not be used for commercial purposes.
SEC. 8106. PROHIBITION ON DISCLOSURE.
(a) Nondisclosure of Information.--
(1) In general.--The Secretary shall not disclose under section
552 of title 5, United States Code (commonly known as the ``Freedom
of Information Act''), information relating to--
(A) subject to subsection (b)(l), human remains or cultural
items reburied on National Forest System land under section
8103; or
(B) subject to subsection (b)(2), resources, cultural
items, uses, or activities that--
(i) have a traditional and cultural purpose; and
(ii) are provided to the Secretary by an Indian or
Indian tribe under an express expectation of
confidentiality in the context of forest and rangeland
research activities carried out under the authority of the
Forest Service.
(2) Limitations on disclosure.--Subject to subsection (b)(2),
the Secretary shall not be required to disclose information under
section 552 of title 5, United States Code (commonly known as the
``Freedom of Information Act''), concerning the identity, use, or
specific location in the National Forest System of--
(A) a site or resource used for traditional and cultural
purposes by an Indian tribe; or
(B) any cultural items not covered under section 8103.
(b) Limited Release of Information.--
(1) Reburial.--The Secretary may disclose information described
in subsection (a)(l)(A) if, before the disclosure, the Secretary--
(A) consults with an affected Indian tribe or lineal
descendent;
(B) determines that disclosure of the information--
(i) would advance the purposes of this subtitle; and
(ii) is necessary to protect the human remains or
cultural items from harm, theft, or destruction; and
(C) attempts to mitigate any adverse impacts identified by
an Indian tribe or lineal descendant that reasonably could be
expected to result from disclosure of the information.
(2) Other information.--The Secretary, in consultation with
appropriate Indian tribes, may disclose information described under
paragraph (1)(B) or (2) of subsection (a) if the Secretary
determines that disclosure of the information to the public--
(A) would advance the purposes of this subtitle;
(B) would not create an unreasonable risk of harm, theft,
or destruction of the resource, site, or object, including
individual organic or inorganic specimens; and
(C) would be consistent with other applicable laws.
SEC. 8107. SEVERABILITY AND SAVINGS PROVISIONS.
(a) Severability.--If any provision of this subtitle, or the
application of any provision of this subtitle to any person or
circumstance is held invalid, the application of such provision or
circumstance and the remainder of this subtitle shall not be affected
thereby.
(b) Savings.--Nothing in this subtitle--
(1) diminishes or expands the trust responsibility of the
United States to Indian tribes, or any legal obligation or remedy
resulting from that responsibility;
(2) alters, abridges, repeals, or affects any valid agreement
between the Forest Service and an Indian tribe;
(3) alters, abridges, diminishes, repeals, or affects any
reserved or other right of an Indian tribe; or
(4) alters, abridges, diminishes, repeals, or affects any other
valid existing right relating to National Forest System land or
other public land.
Subtitle C--Amendments to Other Forestry-Related Laws
SEC. 8201. RURAL REVITALIZATION TECHNOLOGIES.
Section 2371(d)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking ``2004
through 2008'' and inserting ``2008 through 2012''.
SEC. 8202. OFFICE OF INTERNATIONAL FORESTRY.
Section 2405(d) of the Global Climate Change Prevention Act of 1990
(7 U.S.C. 6704(d)) is amended by striking ``2007'' and inserting
``2012''.
SEC. 8203. EMERGENCY FOREST RESTORATION PROGRAM.
(a) Establishment.--Title IV of the Agricultural Credit Act of 1978
(16 U.S.C. 2201 et seq.) is amended by adding at the end the following
new section:
``SEC. 407. EMERGENCY FOREST RESTORATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Emergency measures.--The term `emergency measures' means
those measures that--
``(A) are necessary to address damage caused by a natural
disaster to natural resources on nonindustrial private forest
land, and the damage, if not treated--
``(i) would impair or endanger the natural resources on
the land; and
``(ii) would materially affect future use of the land;
and
``(B) would restore forest health and forest-related
resources on the land.
``(2) Natural disaster.--The term `natural disaster' includes
wildfires, hurricanes or excessive winds, drought, ice storms or
blizzards, floods, or other resource-impacting events, as
determined by the Secretary.
``(3) Nonindustrial private forest land.--The term
`nonindustrial private forest land' means rural land, as determined
by the Secretary, that--
``(A) has existing tree cover (or had tree cover
immediately before the natural disaster and is suitable for
growing trees); and
``(B) is owned by any nonindustrial private individual,
group, association, corporation, or other private legal entity,
that has definitive decision-making authority over the land.
``(4) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``(b) Availability of Assistance.--The Secretary may make payments
to an owner of nonindustrial private forest land who carries out
emergency measures to restore the land after the land is damaged by a
natural disaster.
``(c) Eligibility.--To be eligible to receive a payment under
subsection (b), an owner must demonstrate to the satisfaction of the
Secretary that the nonindustrial private forest land on which the
emergency measures are carried out had tree cover immediately before
the natural disaster.
``(d) Cost Share Requirement.--Payments made under subsection (b)
shall not exceed 75 percent of the total cost of the emergency measures
carried out by an owner of nonindustrial private forest land.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such funds as may be necessary to carry
out this section. Amounts so appropriated shall remain available until
expended.''.
(b) Regulations.--Not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture shall issue
regulations to carry out section 407 of the Agricultural Credit Act of
1978, as added by subsection (a).
SEC. 8204. PREVENTION OF ILLEGAL LOGGING PRACTICES.
(a) Definitions.--
(1) Plant.--Subsection (f) of section 2 of the Lacey Act
Amendments of 1981 (16 U.S.C. 3371) is amended to read as follows:
``(f) Plant.--
``(1) In general.--The terms `plant' and `plants' mean any wild
member of the plant kingdom, including roots, seeds, parts, or
products thereof, and including trees from either natural or
planted forest stands.
``(2) Exclusions.--The terms `plant' and `plants' exclude--
``(A) common cultivars, except trees, and common food crops
(including roots, seeds, parts, or products thereof);
``(B) a scientific specimen of plant genetic material
(including roots, seeds, germplasm, parts, or products thereof)
that is to be used only for laboratory or field research; and
``(C) any plant that is to remain planted or to be planted
or replanted.
``(3) Exceptions to application of exclusions.--The exclusions
made by subparagraphs (B) and (C) of paragraph (2) do not apply if
the plant is listed--
``(A) in an appendix to the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (27 UST
1087; TIAS 8249);
``(B) as an endangered or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
``(C) pursuant to any State law that provides for the
conservation of species that are indigenous to the State and
are threatened with extinction.''.
(2) Inclusion of secretary of agriculture.--Section 2(h) of the
Lacey Act Amendments of 1981 (16 U.S.C. 3371(h)) is amended by
striking ``plants the term means'' and inserting ``plants, the term
also means''.
(3) Taken and taking.--Subsection (j) of section 2 of the Lacey
Act Amendments of 1981 (16 U.S.C. 3371) is amended to read as
follows:
``(j) Taken and Taking.--
``(1) Taken.--The term `taken' means captured, killed, or
collected and, with respect to a plant, also means harvested, cut,
logged, or removed.
``(2) Taking.--The term `taking' means the act by which fish,
wildlife, or plants are taken.''.
(b) Prohibited Acts.--
(1) Offenses other than marking.--Section 3(a) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3372(a)) is amended--
(A) in paragraph (2), by striking subparagraph (B) and
inserting the following new subparagraph:
``(B) any plant--
``(i) taken, possessed, transported, or sold in
violation of any law or regulation of any State, or any
foreign law, that protects plants or that regulates--
``(I) the theft of plants;
``(II) the taking of plants from a park, forest
reserve, or other officially protected area;
``(III) the taking of plants from an officially
designated area; or
``(IV) the taking of plants without, or contrary
to, required authorization;
``(ii) taken, possessed, transported, or sold without
the payment of appropriate royalties, taxes, or stumpage
fees required for the plant by any law or regulation of any
State or any foreign law; or
``(iii) taken, possessed, transported, or sold in
violation of any limitation under any law or regulation of
any State, or under any foreign law, governing the export
or transshipment of plants; or''; and
(B) in paragraph (3), by striking subparagraph (B) and
inserting the following subparagraph:
``(B) to possess any plant--
``(i) taken, possessed, transported, or sold in
violation of any law or regulation of any State, or any
foreign law, that protects plants or that regulates--
``(I) the theft of plants;
``(II) the taking of plants from a park, forest
reserve, or other officially protected area;
``(III) the taking of plants from an officially
designated area; or
``(IV) the taking of plants without, or contrary
to, required authorization;
``(ii) taken, possessed, transported, or sold without
the payment of appropriate royalties, taxes, or stumpage
fees required for the plant by any law or regulation of any
State or any foreign law; or
``(iii) taken, possessed, transported, or sold in
violation of any limitation under any law or regulation of
any State, or under any foreign law, governing the export
or transshipment of plants; or''.
(2) Plant declarations.--Section 3 of the Lacey Act Amendments
of 1981 (16 U.S.C. 3372) is amended by adding at the end the
following new subsection:
``(f) Plant Declarations.--
``(1) Import declaration.--Effective 180 days from the date of
enactment of this subsection, and except as provided in paragraph
(3), it shall be unlawful for any person to import any plant unless
the person files upon importation a declaration that contains--
``(A) the scientific name of any plant (including the genus
and species of the plant) contained in the importation;
``(B) a description of--
``(i) the value of the importation; and
``(ii) the quantity, including the unit of measure, of
the plant; and
``(C) the name of the country from which the plant was
taken.
``(2) Declaration relating to plant products.--Until the date
on which the Secretary promulgates a regulation under paragraph
(6), a declaration relating to a plant product shall--
``(A) in the case in which the species of plant used to
produce the plant product that is the subject of the
importation varies, and the species used to produce the plant
product is unknown, contain the name of each species of plant
that may have been used to produce the plant product;
``(B) in the case in which the species of plant used to
produce the plant product that is the subject of the
importation is commonly taken from more than one country, and
the country from which the plant was taken and used to produce
the plant product is unknown, contain the name of each country
from which the plant may have been taken; and
``(C) in the case in which a paper or paperboard plant
product includes recycled plant product, contain the average
percent recycled content without regard for the species or
country of origin of the recycled plant product, in addition to
the information for the non-recycled plant content otherwise
required by this subsection.
``(3) Exclusions.--Paragraphs (1) and (2) shall not apply to
plants used exclusively as packaging material to support, protect,
or carry another item, unless the packaging material itself is the
item being imported.
``(4) Review.--Not later than two years after the date of
enactment of this subsection, the Secretary shall review the
implementation of each requirement imposed by paragraphs (1) and
(2) and the effect of the exclusion provided by paragraph (3). In
conducting the review, the Secretary shall provide public notice
and an opportunity for comment.
``(5) Report.--Not later than 180 days after the date on which
the Secretary completes the review under paragraph (4), the
Secretary shall submit to the appropriate committees of Congress a
report containing--
``(A) an evaluation of--
``(i) the effectiveness of each type of information
required under paragraphs (1) and (2) in assisting
enforcement of this section; and
``(ii) the potential to harmonize each requirement
imposed by paragraphs (1) and (2) with other applicable
import regulations in existence as of the date of the
report;
``(B) recommendations for such legislation as the Secretary
determines to be appropriate to assist in the identification of
plants that are imported into the United States in violation of
this section; and
``(C) an analysis of the effect of subsection (a) and this
subsection on--
``(i) the cost of legal plant imports; and
``(ii) the extent and methodology of illegal logging
practices and trafficking.
``(6) Promulgation of regulations.--Not later than 180 days
after the date on which the Secretary completes the review under
paragraph (4), the Secretary may promulgate regulations--
``(A) to limit the applicability of any requirement imposed
by paragraph (2) to specific plant products;
``(B) to make any other necessary modification to any
requirement imposed by paragraph (2), as determined by the
Secretary based on the review; and
``(C) to limit the scope of the exclusion provided by
paragraph (3), if the limitations in scope are warranted as a
result of the review.''.
(c) Cross-References to New Requirement.--Section 4 of the Lacey
Act Amendments of 1981 (16 U.S.C. 3373) is amended--
(1) by striking ``subsections (b) and (d)'' each place it
appears and inserting ``subsections (b), (d), and (f)'';
(2) by striking ``section 3(d)'' each place it appears and
inserting ``subsection (d) or (f) of section 3''; and
(3) in subsection (a)(2), by striking ``subsection 3(b)'' and
inserting ``subsection (b) or (f) of section 3, except as provided
in paragraph (1),''.
(d) Civil Forfeitures.--Section 5 of the Lacey Act Amendments of
1981 (16 U.S.C. 3374) is amended by adding at the end the following new
subsection:
``(d) Civil Forfeitures.--Civil forfeitures under this section
shall be governed by the provisions of chapter 46 of title 18, United
States Code.''.
(e) Administration.--Section 7 of the Lacey Act Amendments of 1981
(16 U.S.C. 3376) is amended--
(1) in subsection (a)(1), by striking ``section 4 and section''
and inserting ``sections 3(f), 4, and''; and
(2) by adding at the end the following new subsection:
``(c) Clarification of Exclusions From Definition of Plant.--The
Secretary of Agriculture and the Secretary of the Interior, after
consultation with the appropriate agencies, shall jointly promulgate
regulations to define the terms used in section 2(f)(2)(A) for the
purposes of enforcement under this Act.''.
(f) Technical Correction.--Effective as of November 14, 1988, and
as if included therein as enacted, section 102(c) of Public Law 100-653
(102 Stat. 3825) is amended--
(1) by inserting ``of the Lacey Act Amendments of 1981'' after
``Section 4''; and
(2) by striking ``(other than section 3(b))'' and inserting
``(other than subsection 3(b))''.
SEC. 8205. HEALTHY FORESTS RESERVE PROGRAM.
(a) Enrollment.--Section 502 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6572(f)(1)) is amended--
(1) by striking subsections (e) and (f);
(2) by redesignating subsection (g) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Methods of Enrollment.--
``(1) Authorized methods.--Land may be enrolled in the healthy
forests reserve program in accordance with--
``(A) a 10-year cost-share agreement;
``(B) a 30-year easement; or
``(C)(i) a permanent easement; or
``(ii) in a State that imposes a maximum duration for
easements, an easement for the maximum duration allowed under
State law.
``(2) Limitation on use of cost-share agreements and
easements.--
``(A) In general.--Of the total amount of funds expended
under the program for a fiscal year to acquire easements and
enter into cost-share agreements described in paragraph (1)--
``(i) not more than 40 percent shall be used for cost-
share agreements described in paragraph (1)(A); and
``(ii) not more than 60 percent shall be used for
easements described in subparagraphs (B) and (C) of
paragraph (1).
``(B) Repooling.--The Secretary may use any funds allocated
under clause (i) or (ii) of subparagraph (A) that are not
obligated by April 1 of the fiscal year for which the funds are
made available to carry out a different method of enrollment
during that fiscal year.
``(3) Acreage owned by indian tribes.--In the case of acreage
owned by an Indian tribe, the Secretary may enroll acreage into the
healthy forests reserve program through the use of--
``(A) a 30-year contract (the value of which shall be
equivalent to the value of a 30-year easement);
``(B) a 10-year cost-share agreement; or
``(C) any combination of the options described in
subparagraphs (A) and (B).''.
(b) Financial Assistance.--Section 504(a) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6574(a)) is amended by striking
``(a) Easements of Not More Than 99 Years'' and all that follows
through ``502(f)(1)(C)'' and inserting the following:
``(a) Permanent Easements.--In the case of land enrolled in the
healthy forests reserve program using a permanent easement (or an
easement described in section 502(f)(1)(C)(ii))''.
(c) Funding.--Section 508 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6578) is amended to read as follows:
``SEC. 508. FUNDING.
``(a) In General.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall make available
$9,750,000 for each of fiscal years 2009 through 2012 to carry out this
title.
``(b) Duration of Availability.--The funds made available under
subsection (a) shall remain available until expended.''.
Subtitle D--Boundary Adjustments and Land Conveyance Provisions
SEC. 8301. GREEN MOUNTAIN NATIONAL FOREST BOUNDARY ADJUSTMENT.
(a) In General.--The boundary of the Green Mountain National Forest
is modified to include the 13 designated expansion units as generally
depicted on the forest maps entitled ``Green Mountain Expansion Area
Map I'' and ``Green Mountain Expansion Area Map II'' and dated February
20, 2002 (copies of which shall be on file and available for public
inspection in the Office of the Chief of the Forest Service,
Washington, District of Columbia), and more particularly described
according to the site specific maps and legal descriptions on file in
the office of the Forest Supervisor, Green Mountain National Forest.
(b) Management.--Federally owned land delineated on the maps
acquired for National Forest purposes shall continue to be managed in
accordance with the laws (including regulations) applicable to the
National Forest System.
(c) Land and Water Conservation Fund.--For the purposes of section
7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l-
9), the boundaries of the Green Mountain National Forest, as adjusted
by this section, shall be considered to be the boundaries of the
national forest as of January 1, 1965.
SEC. 8302. LAND CONVEYANCES, CHIHUAHUAN DESERT NATURE PARK, NEW MEXICO,
AND GEORGE WASHINGTON NATIONAL FOREST, VIRGINIA.
(a) Chihuahuan Desert Nature Park Conveyance.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, subject to valid existing rights and
subsection (b), the Secretary of Agriculture shall convey to the
Chihuahuan Desert Nature Park, Inc., a nonprofit corporation in the
State of New Mexico (in this section referred to as the ``Nature
Park''), by quitclaim deed and for no consideration, all right,
title, and interest of the United States in and to the land
described in paragraph (2)
(2) Description of land.--
(A) In general.--The parcel of land referred to in
paragraph (1) consists of the approximately 935.62 acres of
land in Dona Ana County, New Mexico, which is more particularly
described--
(i) as sections 17, 20, and 21 of T. 21 S., R. 2 E.,
N.M.P.M.; and
(ii) in an easement deed dated May 14, 1998, from the
Department of Agriculture to the Nature Park.
(B) Modifications.--The Secretary may modify the
description of the land under subparagraph (A) to--
(i) correct errors in the description; or
(ii) facilitate management of the land.
(b) Conditions.--The conveyance of land under subsection (a) shall
be subject to--
(1) the reservation by the United States of all mineral and
subsurface rights to the land, including any geothermal resources;
(2) the condition that the Chihuahuan Desert Nature Park Board
pay any costs relating to the conveyance;
(3) any rights-of-way reserved by the Secretary;
(4) a covenant or restriction in the deed to the land requiring
that--
(A) the land may be used only for educational or scientific
purposes; and
(B) if the land is no longer used for the purposes
described in subparagraph (A), the land may, at the discretion
of the Secretary, revert to the United States in accordance
with subsection (c); and
(5) any other terms and conditions that the Secretary
determines to be appropriate.
(c) Reversion.--If the land conveyed under subsection (a) is no
longer used for the purposes described in subsection (b)(4)(A), the
land may, at the discretion of the Secretary, revert to the United
States. If the Secretary chooses to have the land revert to the United
States, the Secretary shall--
(1) determine whether the land is environmentally contaminated,
including contamination from hazardous wastes, hazardous
substances, pollutants, contaminants, petroleum, or petroleum by-
products; and
(2) if the Secretary determines that the land is
environmentally contaminated, the Nature Park, the successor to the
Nature Park, or any other person responsible for the contamination
shall be required to remediate the contamination.
(d) Withdrawal.--All federally owned mineral and subsurface rights
to the land to be conveyed under subsection (a) are withdrawn from--
(1) location, entry, and patent under the mining laws; and
(2) the operation of the mineral leasing laws, including the
geothermal leasing laws.
(e) Water Rights.--Nothing in subsection (a) authorizes the
conveyance of water rights to the Nature Park.
(f) George Washington National Forest Conveyance, Virginia.--
(1) Conveyance required.--The Secretary of Agriculture shall
convey, without consideration, to the Central Advent Christian
Church of Alleghany County, Virginia (in this subsection referred
to as the ``recipient''), all right, title, and interest of the
United States in and to a parcel of real property in the George
Washington National Forest, Alleghany County, Virginia, consisting
of not more than 8 acres, including a cemetery encompassing
approximately 6 acres designated as an area of special use for the
recipient, and depicted on the Forest Service map showing tract G-
2032c and dated August 20, 2002, and the Forest Service map showing
the area of special use and dated March 14, 2001.
(2) Condition of conveyance.--The conveyance under this
subsection shall be subject to the condition that the recipient
accept the real property described in paragraph (1) in its
condition at the time of the conveyance, commonly known as
conveyance ``as is''.
(3) Description of property.--The exact acreage and legal
description of the real property to be conveyed under this
subsection shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the recipient.
(4) Additional terms and conditions.--The Secretary may require
such additional terms and conditions in connection with the
conveyance under this subsection as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 8303. SALE AND EXCHANGE OF NATIONAL FOREST SYSTEM LAND, VERMONT.
(a) Definitions.--In this section:
(1) Bromley.--The term ``Bromley'' means Bromley Mountain Ski
Resort, Inc.
(2) Map.--The term ``map'' means the map entitled ``Proposed
Bromley Land Sale or Exchange'' and dated April 7, 2004.
(3) State.--The term ``State'' means the State of Vermont.
(b) Sale or Exchange of Green Mountain National Forest Land.--
(1) In general.--The Secretary of Agriculture may, under any
terms and conditions that the Secretary may prescribe, sell or
exchange any right, title, and interest of the United States in and
to the parcels of National Forest System land described in
paragraph (2).
(2) Description of land.--The parcels of National Forest System
land referred to in paragraph (1) are the 5 parcels of land in
Bennington County in the State, as generally depicted on the map.
(3) Map and legal descriptions.--
(A) In general.--The map shall be on file and available for
public inspection in--
(i) the office of the Chief of the Forest Service; and
(ii) the office of the Supervisor of the Green Mountain
National Forest.
(B) Modifications.--The Secretary may modify the map and
legal descriptions to--
(i) correct technical errors; or
(ii) facilitate the conveyance under paragraph (1).
(4) Consideration.--Consideration for the sale or exchange of
land described in paragraph (2)--
(A) shall be equal to an amount that is not less than the
fair market value of the land sold or exchanged; and
(B) may be in the form of cash, land, or a combination of
cash and land.
(5) Appraisals.--Any appraisal carried out to facilitate the
sale or exchange of land under paragraph (1) shall conform with the
Uniform Appraisal Standards for Federal Land Acquisitions.
(6) Methods of sale.--
(A) Conveyance to bromley.--
(i) In general.--Before soliciting offers under
subparagraph (B), the Secretary shall offer to convey to
Bromley the land described in paragraph (2).
(ii) Contract deadline.--If Bromley accepts the offer
under clause (i), the Secretary and Bromley shall have not
more than 180 days after the date on which any
environmental analyses with respect to the land are
completed to enter into a contract for the sale or exchange
of the land.
(B) Public or private sale.--If the Secretary and Bromley
do not enter into a contract for the sale or exchange of the
land by the date specified in subparagraph (A)(ii), the
Secretary may sell or exchange the land at public or private
sale (including auction), in accordance with such terms,
conditions, and procedures as the Secretary determines to be in
the public interest.
(C) Rejection of offers.--The Secretary may reject any
offer received under this paragraph if the Secretary determines
that the offer is not adequate or is not in the public
interest.
(D) Brokers.--In any sale or exchange of land under this
subsection, the Secretary may--
(i) use a real estate broker or other third party; and
(ii) pay the real estate broker or third party a
commission in an amount comparable to the amounts of
commission generally paid for real estate transactions in
the area.
(7) Cash equalization.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)),
the Secretary may accept a cash equalization payment in excess of
25 percent of the value of any Federal land exchanged under this
section.
(c) Disposition of Proceeds.--
(1) In general.--The Secretary shall deposit the net proceeds
from a sale or exchange under this section in the fund established
under Public Law 90-171 (16 U.S.C. 484a) (commonly known as the
``Sisk Act'').
(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary until expended, without further
appropriation, for--
(A) the location and relocation of the Appalachian National
Scenic Trail and the Long National Recreation Trail in the
State;
(B) the acquisition of land and interests in land by the
Secretary for National Forest System purposes within the
boundary of the Green Mountain National Forest, including land
for and adjacent to the Appalachian National Scenic Trail and
the Long National Recreation Trail;
(C) the acquisition of wetland or an interest in wetland
within the boundary of the Green Mountain National Forest to
offset the loss of wetland from the parcels sold or exchanged;
and
(D) the payment of direct administrative costs incurred in
carrying out this section.
(3) Limitation.--Amounts deposited under paragraph (1) shall
not--
(A) be paid or distributed to the State or counties or
towns in the State under any provision of law; or
(B) be considered to be money received from units of the
National Forest System for purposes of--
(i) the Act of May 23, 1908 (16 U.S.C. 500); or
(ii) the Act of March 4, 1913 (16 U.S.C. 501).
(4) Prohibition of transfer or reprogramming.--Amounts
deposited under paragraph (1) shall not be subject to transfer or
reprogramming for wildfire management or any other emergency
purposes.
(d) Acquisition of Land.--The Secretary may acquire, using funds
made available under subsection (c) or otherwise made available for
acquisition, land or an interest in land for National Forest System
purposes within the boundary of the Green Mountain National Forest.
(e) Exemption From Certain Laws.--Subtitle I of title 40, United
States Code, shall not apply to any sale or exchange of National Forest
System land under this section.
Subtitle E--Miscellaneous Provisions
SEC. 8401. QUALIFYING TIMBER CONTRACT OPTIONS.
(a) Definitions.--In this section:
(1) Authorized producer price index.--The term ``authorized
Producer Price Index'' includes--
(A) the softwood commodity index (code number WPU 0811);
(B) the hardwood commodity index (code number WPU 0812);
(C) the wood chip index (code number PCU 3211133211135);
and
(D) any other subsequent comparable index, as established
by the Bureau of Labor Statistics of the Department of Labor
and utilized by the Secretary of Agriculture.
(2) Qualifying contract.--The term ``qualifying contract''
means a contract for the sale of timber on National Forest System
land--
(A) that was awarded during the period beginning on July 1,
2004, and ending on December 31, 2006;
(B) for which there is unharvested volume remaining;
(C) for which, not later than 90 days after the date of
enactment of this Act, the timber purchaser makes a written
request to the Secretary for one or more of the options
described in subsection (b);
(D) that is not a salvage sale;
(E) for which the Secretary determines there is not an
urgent need to harvest due to deteriorating timber conditions
that developed after the award of the contract; and
(F) that is not in breach or in default.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(b) Options for Qualifying Contracts.--
(1) Cancellation or rate redetermination.--Notwithstanding any
other provision of law, if the rate at which a qualifying contract
would be advertised as of the date of enactment of this Act is at
least 50 percent less than the sum of the original bid rates for
all of the species of timber that are the subject of the qualifying
contract, the Secretary may, at the sole discretion of the
Secretary--
(A) cancel the qualifying contract if the timber
purchaser--
(i) pays 30 percent of the total value of the timber
remaining in the qualifying contract based on bid rates;
(ii) completes each contractual obligation (including
the removal of downed timber, the completion of road work,
and the completion of erosion control work) of the timber
purchaser with respect to each unit on which harvest has
begun to a logical stopping point, as determined by the
Secretary after consultation with the timber purchaser; and
(iii) terminates its rights under the qualifying
contract; or
(B) modify the qualifying contract to redetermine the
current contract rate of the qualifying contract to equal the
sum obtained by adding--
(i) 25 percent of the bid premium on the qualifying
contract; and
(ii) the rate at which the qualifying contract would be
advertised as of the date of enactment of this Act.
(2) Substitution of index.--
(A) Substitution.--Notwithstanding any other provision of
law, the Secretary may, at the sole discretion of the
Secretary, substitute the Producer Price Index specified in the
qualifying contract of a timber purchaser if the timber
purchaser identifies--
(i) the products the timber purchaser intends to
produce from the timber harvested under the qualifying
contract; and
(ii) a substitute index from an authorized Producer
Price Index that more accurately represents the predominant
product identified in clause (i) for which there is an
index.
(B) Rate redetermination following substitution of index.--
If the Secretary substitutes the Producer Price Index of a
qualifying contract under subparagraph (A), the Secretary may,
at the sole discretion of the Secretary, modify the qualifying
contract to provide for--
(i) an emergency rate redetermination under the terms
of the contract; or
(ii) a rate redetermination under paragraph (1)(B).
(C) Limitation on market-related contract term addition;
periodic payments.--Notwithstanding any other provision of law,
if the Secretary substitutes the Producer Price Index of a
qualifying contract under subparagraph (A), the Secretary may,
at the sole discretion of the Secretary, modify the qualifying
contract--
(i) to adjust the term in accordance with the market-
related contract term addition provision in the qualifying
contract and section 223.52 of title 36, Code of Federal
Regulations, as in effect on the date of the adjustment,
but only if the drastic reduction criteria in such section
are met for 2 or more consecutive calendar year quarters
beginning with the calendar quarter in which the Secretary
substitutes the Producer Price Index under subparagraph
(A); and
(ii) to adjust the periodic payments required under the
contract in accordance with applicable law and policies.
(3) Contracts using hardwood lumber index.--With respect to a
qualifying contract using the hardwood commodity index referred to
in subsection (a)(1)(B) for which the Secretary does not substitute
the Producer Price Index under paragraph (2), the Secretary may, at
the sole discretion of the Secretary--
(A) extend the contract term for a 1-year period beginning
on the current contract termination date; and
(B) adjust the periodic payments required under the
contract in accordance with applicable law and policies.
(c) Extension of Market-Related Contract Term Addition Time Limit
for Certain Contracts.--Notwithstanding any other provision of law,
upon the written request of a timber purchaser, the Secretary may, at
the sole discretion of the Secretary, modify a timber sale contract
(including a qualifying contract) awarded to the purchaser before
January 1, 2007, to adjust the term of the contract in accordance with
the market-related contract term addition provision in the contract and
section 223.52 of title 36, Code of Federal Regulations, as in effect
on the date of the modification, except that the Secretary may add no
more than 4 years to the original contract length.
(d) Effect of Options.--
(1) No surrender of claims.--Operation of this section shall
not have the effect of surrendering any claim by the United States
against any timber purchaser that arose--
(A) under a qualifying contract before the date on which
the Secretary cancels the contract or redetermines the rate
under subsection (b)(1), substitutes a Producer Price Index
under subsection (b)(2), or modifies the contract under
subsection (b)(3); or
(B) under a timber sale contract, including a qualifying
contract, before the date on which the Secretary adjusts the
contract term under subsection (c).
(2) Release of liability.--In the written request for any
option provided under subsections (b) and (c), a timber purchaser
shall release the United States from all liability, including
further consideration or compensation, resulting from--
(A) the cancellation of a qualifying contract of the
purchaser or rate redetermination under subsection (b)(1), the
substitution of a Producer Price Index under subsection (b)(2),
the modification of the contract under subsection (b)(3) or a
determination by the Secretary not to provide the cancellation,
redetermination, substitution, or modification; or
(B) the modification of the term of a timber sale contract
(including a qualifying contract) of the purchaser under
subsection (c) or a determination by the Secretary not to
provide the modification.
(3) Limitation.--Subject to subsection (b)(1)(A), the
cancellation of a qualifying contract by the Secretary under
subsection (b)(1) shall release the timber purchaser from further
obligation under the canceled contract.
SEC. 8402. HISPANIC-SERVING INSTITUTION AGRICULTURAL LAND NATIONAL
RESOURCES LEADERSHIP PROGRAM.
(a) 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)).
(b) Grant Authority.--The Secretary of Agriculture may make grants,
on a competitive basis, to Hispanic-serving institutions for the
purpose of establishing an undergraduate scholarship program to assist
in the recruitment, retention, and training of Hispanics and other
under-represented groups in forestry and related fields.
(c) Use of Grant Funds.--Grants made under this section shall be
used to recruit, retain, train, and develop professionals to work in
forestry and related fields with Federal agencies, such as the Forest
Service, State agencies, and private-sector entities.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of fiscal years 2008 through
2012 such sums as may be necessary to carry out this section.
TITLE IX--ENERGY
SEC. 9001. ENERGY.
(a) In General.--Title IX of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8101 et seq.) is amended to read as follows:
``TITLE IX--ENERGY
``SEC. 9001. DEFINITIONS.
``Except as otherwise provided, in this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Advisory committee.--The term `Advisory Committee' means
the Biomass Research and Development Technical Advisory Committee
established by section 9008(d)(1).
``(3) Advanced biofuel.--
``(A) In general.--The term `advanced biofuel' means fuel
derived from renewable biomass other than corn kernel starch.
``(B) Inclusions.--Subject to subparagraph (A), the term
`advanced biofuel' includes--
``(i) biofuel derived from cellulose, hemicellulose, or
lignin;
``(ii) biofuel derived from sugar and starch (other
than ethanol derived from corn kernel starch);
``(iii) biofuel derived from waste material, including
crop residue, other vegetative waste material, animal
waste, food waste, and yard waste;
``(iv) diesel-equivalent fuel derived from renewable
biomass, including vegetable oil and animal fat;
``(v) biogas (including landfill gas and sewage waste
treatment gas) produced through the conversion of organic
matter from renewable biomass;
``(vi) butanol or other alcohols produced through the
conversion of organic matter from renewable biomass; and
``(vii) other fuel derived from cellulosic biomass.
``(4) Biobased product.--The term `biobased product' means a
product determined by the Secretary to be a commercial or
industrial product (other than food or feed) that is--
``(A) composed, in whole or in significant part, of
biological products, including renewable domestic agricultural
materials and forestry materials; or
``(B) an intermediate ingredient or feedstock.
``(5) Biofuel.--The term `biofuel' means a fuel derived from
renewable biomass.
``(6) Biomass conversion facility.--The term `biomass
conversion facility' means a facility that converts or proposes to
convert renewable biomass into--
``(A) heat;
``(B) power;
``(C) biobased products; or
``(D) advanced biofuels.
``(7) Biorefinery.--The term `biorefinery' means a facility
(including equipment and processes) that--
``(A) converts renewable biomass into biofuels and biobased
products; and
``(B) may produce electricity.
``(8) Board.--The term `Board' means the Biomass Research and
Development Board established by section 9008(c).
``(9) 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).
``(10) Institution of higher education.--The term `institution
of higher education' has the meaning given the term in section
102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)).
``(11) Intermediate ingredient or feedstock.--The term
`intermediate ingredient or feedstock' means a material or compound
made in whole or in significant part from biological products,
including renewable agricultural materials (including plant,
animal, and marine materials) or forestry materials, that are
subsequently used to make a more complex compound or product.
``(12) Renewable biomass.--The term `renewable biomass' means--
``(A) materials, pre-commercial thinnings, or invasive
species from National Forest System land and public lands (as
defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)) that--
``(i) are byproducts of preventive treatments that are
removed--
``(I) to reduce hazardous fuels;
``(II) to reduce or contain disease or insect
infestation; or
``(III) to restore ecosystem health;
``(ii) would not otherwise be used for higher-value
products; and
``(iii) are harvested in accordance with--
``(I) applicable law and land management plans; and
``(II) the requirements for--
``(aa) old-growth maintenance, restoration, and
management direction of paragraphs (2), (3), and
(4) of subsection (e) of section 102 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6512);
and
``(bb) large-tree retention of subsection (f)
of that section; or
``(B) any organic matter that is available on a renewable
or recurring basis from non-Federal land or land belonging to
an Indian or Indian tribe that is held in trust by the United
States or subject to a restriction against alienation imposed
by the United States, including--
``(i) renewable plant material, including--
``(I) feed grains;
``(II) other agricultural commodities;
``(III) other plants and trees; and
``(IV) algae; and
``(ii) waste material, including--
``(I) crop residue;
``(II) other vegetative waste material (including
wood waste and wood residues);
``(III) animal waste and byproducts (including
fats, oils, greases, and manure); and
``(IV) food waste and yard waste.
``(13) Renewable energy.--The term `renewable energy' means
energy derived from--
``(A) a wind, solar, renewable biomass, ocean (including
tidal, wave, current, and thermal), geothermal, or
hydroelectric source; or
``(B) hydrogen derived from renewable biomass or water
using an energy source described in subparagraph (A).
``(14) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``SEC. 9002. BIOBASED MARKETS PROGRAM.
``(a) Federal Procurement of Biobased Products.--
``(1) Definition of procuring agency.--In this subsection, the
term `procuring agency' means--
``(A) any Federal agency that is using Federal funds for
procurement; or
``(B) a person that is a party to a contract with any
Federal agency, with respect to work performed under such a
contract.
``(2) Procurement preference.--
``(A) In general.--
``(i) Procuring agency duties.--Except as provided in
clause (ii) and subparagraph (B), after the date specified
in applicable guidelines prepared pursuant to paragraph
(3), each procuring agency shall--
``(I) establish a procurement program, develop
procurement specifications, and procure biobased
products identified under the guidelines described in
paragraph (3) in accordance with this section; and
``(II) with respect to items described in the
guidelines, give a procurement preference to those
items that--
``(aa) are composed of the highest percentage
of biobased products practicable; or
``(bb) comply with the regulations issued under
section 103 of Public Law 100-556 (42 U.S.C. 6914b-
1).
``(ii) Exception.--The requirements of clause (i)(I) to
establish a procurement program and develop procurement
specifications shall not apply to a person described in
paragraph (1)(B).
``(B) Flexibility.--Notwithstanding subparagraph (A), a
procuring agency may decide not to procure items described in
that subparagraph if the procuring agency determines that the
items--
``(i) are not reasonably available within a reasonable
period of time;
``(ii) fail to meet--
``(I) the performance standards set forth in the
applicable specifications; or
``(II) the reasonable performance standards of the
procuring agencies; or
``(iii) are available only at an unreasonable price.
``(C) Minimum requirements.--Each procurement program
required under this subsection shall, at a minimum--
``(i) be consistent with applicable provisions of
Federal procurement law;
``(ii) ensure that items composed of biobased products
will be purchased to the maximum extent practicable;
``(iii) include a component to promote the procurement
program;
``(iv) provide for an annual review and monitoring of
the effectiveness of the procurement program; and
``(v) adopt 1 of the 2 polices described in
subparagraph (D) or (E), or a policy substantially
equivalent to either of those policies.
``(D) Case-by-case policy.--
``(i) In general.--Subject to subparagraph (B) and
except as provided in clause (ii), a procuring agency
adopting the case-by-case policy shall award a contract to
the vendor offering an item composed of the highest
percentage of biobased products practicable.
``(ii) Exception.--Subject to subparagraph (B), an
agency adopting the policy described in clause (i) may make
an award to a vendor offering items with less than the
maximum biobased products content.
``(E) Minimum content standards.--Subject to subparagraph
(B), a procuring agency adopting the minimum content standards
policy shall establish minimum biobased products content
specifications for awarding contracts in a manner that ensures
that the biobased products content required is consistent with
this subsection.
``(F) Certification.--After the date specified in any
applicable guidelines prepared pursuant to paragraph (3),
contracting offices shall require that vendors certify that the
biobased products to be used in the performance of the contract
will comply with the applicable specifications or other
contractual requirements.
``(3) Guidelines.--
``(A) In general.--The Secretary, after consultation with
the Administrator, the Administrator of General Services, and
the Secretary of Commerce (acting through the Director of the
National Institute of Standards and Technology), shall prepare,
and from time to time revise, guidelines for the use of
procuring agencies in complying with the requirements of this
subsection.
``(B) Requirements.--The guidelines under this paragraph
shall--
``(i) designate those items (including finished
products) that are or can be produced with biobased
products (including biobased products for which there is
only a single product or manufacturer in the category) that
will be subject to the preference described in paragraph
(2);
``(ii) designate those intermediate ingredients and
feedstocks that are or can be used to produce items that
will be subject to the preference described in paragraph
(2);
``(iii) automatically designate items composed of
intermediate ingredients and feedstocks designated under
clause (ii), if the content of the designated intermediate
ingredients and feedstocks exceeds 50 percent of the item
(unless the Secretary determines a different composition
percentage is appropriate);
``(iv) set forth recommended practices with respect to
the procurement of biobased products and items containing
such materials;
``(v) provide information as to the availability,
relative price, performance, and environmental and public
health benefits of such materials and items; and
``(vi) take effect on the date established in the
guidelines, which may not exceed 1 year after publication.
``(C) Information provided.--Information provided pursuant
to subparagraph (B)(v) with respect to a material or item shall
be considered to be provided for another item made with the
same material or item.
``(D) Prohibition.--Guidelines issued under this paragraph
may not require a manufacturer or vendor of biobased products,
as a condition of the purchase of biobased products from the
manufacturer or vendor, to provide to procuring agencies more
data than would be required to be provided by other
manufacturers or vendors offering products for sale to a
procuring agency, other than data confirming the biobased
content of a product.
``(E) Qualifying purchases.--The guidelines shall apply
with respect to any purchase or acquisition of a procurement
item for which--
``(i) the purchase price of the item exceeds $10,000;
or
``(ii) the quantity of the items or of functionally-
equivalent items purchased or acquired during the preceding
fiscal year was at least $10,000.
``(4) Administration.--
``(A) Office of federal procurement policy.--The Office of
Federal Procurement Policy, in cooperation with the Secretary,
shall--
``(i) coordinate the implementation of this subsection
with other policies for Federal procurement;
``(ii) annually collect the information required to be
reported under subparagraph (B) and make the information
publicly available;
``(iii) take a leading role in informing Federal
agencies concerning, and promoting the adoption of and
compliance with, procurement requirements for biobased
products by Federal agencies; and
``(iv) not less than once every 2 years, submit to
Congress a report that--
``(I) describes the progress made in carrying out
this subsection; and
``(II) contains a summary of the information
reported pursuant to subparagraph (B).
``(B) Other agencies.--To assist the Office of Federal
Procurement Policy in carrying out subparagraph (A)--
``(i) each procuring agency shall submit each year to
the Office of Federal Procurement Policy, to the maximum
extent practicable, information concerning--
``(I) actions taken to implement paragraph (2);
``(II) the results of the annual review and
monitoring program established under paragraph
(2)(C)(iv);
``(III) the number and dollar value of contracts
entered into during the year that include the direct
procurement of biobased products;
``(IV) the number of service and construction
(including renovations) contracts entered into during
the year that include language on the use of biobased
products; and
``(V) the types and dollar value of biobased
products actually used by contractors in carrying out
service and construction (including renovations)
contracts during the previous year; and
``(ii) the General Services Administration and the
Defense Logistics Agency shall submit each year to the
Office of Federal Procurement Policy information
concerning, to the maximum extent practicable, the types
and dollar value of biobased products purchased by
procuring agencies.
``(C) Procurement subject to other law.--Any procurement by
any Federal agency that is subject to regulations of the
Administrator under section 6002 of the Solid Waste Disposal
Act (42 U.S.C. 6962) shall not be subject to the requirements
of this section to the extent that the requirements are
inconsistent with the regulations.
``(b) Labeling.--
``(1) In general.--The Secretary, in consultation with the
Administrator, shall establish a voluntary program under which the
Secretary authorizes producers of biobased products to use the
label `USDA Certified Biobased Product'.
``(2) Eligibility criteria.--
``(A) Criteria.--
``(i) In general.--Not later than 90 days after the
date of the enactment of the Food, Conservation, and Energy
Act of 2008 and except as provided in clause (ii), the
Secretary, in consultation with the Administrator and
representatives from small and large businesses, academia,
other Federal agencies, and such other persons as the
Secretary considers appropriate, shall issue criteria (as
of the date of enactment of that Act) for determining which
products may qualify to receive the label under paragraph
(1).
``(ii) Exception.--Clause (i) shall not apply to final
criteria that have been issued (as of the date of enactment
of that Act) by the Secretary.
``(B) Requirements.--Criteria issued under subparagraph (A)
shall--
``(i) encourage the purchase of products with the
maximum biobased content;
``(ii) provide that the Secretary may designate as
biobased for the purposes of the voluntary program
established under this subsection finished products that
contain significant portions of biobased materials or
components; and
``(iii) to the maximum extent practicable, be
consistent with the guidelines issued under subsection
(a)(3).
``(3) Use of label.--The Secretary shall ensure that the label
referred to in paragraph (1) is used only on products that meet the
criteria issued pursuant to paragraph (2).
``(c) Recognition.--The Secretary shall--
``(1) establish a program to recognize Federal agencies and
private entities that use a substantial amount of biobased
products; and
``(2) encourage Federal agencies to establish incentives
programs to recognize Federal employees or contractors that make
exceptional contributions to the expanded use of biobased products.
``(d) Limitation.--Nothing in this section shall apply to the
procurement of motor vehicle fuels, heating oil, or electricity.
``(e) Inclusion.--Effective beginning on the date that is 90 days
after the date of enactment of the Food, Conservation, and Energy Act
of 2008, the Architect of the Capitol, the Sergeant at Arms of the
Senate, and the Chief Administrative Officer of the House of
Representatives shall consider the biobased product designations made
under this section in making procurement decisions for the Capitol
Complex.
``(f) National Testing Center Registry.--The Secretary shall
establish a national registry of testing centers for biobased products
that will serve biobased product manufacturers.
``(g) Reports.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Food, Conservation, and Energy Act of 2008 and
each year thereafter, the Secretary shall submit to Congress a
report on the implementation of this section.
``(2) Contents.--The report shall include--
``(A) a comprehensive management plan that establishes
tasks, milestones, and timelines, organizational roles and
responsibilities, and funding allocations for fully
implementing this section; and
``(B) information on the status of implementation of--
``(i) item designations (including designation of
intermediate ingredients and feedstocks); and
``(ii) the voluntary labeling program established under
subsection (b).
``(h) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to provide mandatory funding
for biobased products testing and labeling as required to carry out
this section--
``(A) $1,000,000 for fiscal year 2008; and
``(B) $2,000,000 for each of fiscal years 2009 through
2012.
``(2) Discretionary funding.--In addition to any other funds
made available to carry out this section, there is authorized to be
appropriated to carry out this section $2,000,000 for each of
fiscal years 2009 through 2012.
``SEC. 9003. BIOREFINERY ASSISTANCE.
``(a) Purpose.--The purpose of this section is to assist in the
development of new and emerging technologies for the development of
advanced biofuels, so as to--
``(1) increase the energy independence of the United States;
``(2) promote resource conservation, public health, and the
environment;
``(3) diversify markets for agricultural and forestry products
and agriculture waste material; and
``(4) create jobs and enhance the economic development of the
rural economy.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means an
individual, entity, Indian tribe, or unit of State or local
government, including a corporation, farm cooperative, farmer
cooperative organization, association of agricultural producers,
National Laboratory, institution of higher education, rural
electric cooperative, public power entity, or consortium of any of
those entities.
``(2) Eligible technology.--The term `eligible technology'
means, as determined by the Secretary--
``(A) a technology that is being adopted in a viable
commercial-scale operation of a biorefinery that produces an
advanced biofuel; and
``(B) a technology not described in subparagraph (A) that
has been demonstrated to have technical and economic potential
for commercial application in a biorefinery that produces an
advanced biofuel.
``(c) Assistance.--The Secretary shall make available to eligible
entities--
``(1) grants to assist in paying the costs of the development
and construction of demonstration-scale biorefineries to
demonstrate the commercial viability of 1 or more processes for
converting renewable biomass to advanced biofuels; and
``(2) guarantees for loans made to fund the development,
construction, and retrofitting of commercial-scale biorefineries
using eligible technology.
``(d) Grants.--
``(1) Competitive basis.--The Secretary shall award grants
under subsection (c)(1) on a competitive basis.
``(2) Selection criteria.--
``(A) In general.--In approving grant applications, the
Secretary shall establish a priority scoring system that
assigns priority scores to each application and only approve
applications that exceed a specified minimum, as determined by
the Secretary.
``(B) Feasibility.--In approving a grant application, the
Secretary shall determine the technical and economic
feasibility of the project based on a feasibility study of the
project described in the application conducted by an
independent third party.
``(C) Scoring system.--In determining the priority scoring
system, the Secretary shall consider--
``(i) the potential market for the advanced biofuel and
the byproducts produced;
``(ii) the level of financial participation by the
applicant, including support from non-Federal and private
sources;
``(iii) whether the applicant is proposing to use a
feedstock not previously used in the production of advanced
biofuels;
``(iv) whether the applicant is proposing to work with
producer associations or cooperatives;
``(v) whether the applicant has established that the
adoption of the process proposed in the application will
have a positive impact on resource conservation, public
health, and the environment;
``(vi) the potential for rural economic development;
``(vii) whether the area in which the applicant
proposes to locate the biorefinery has other similar
facilities;
``(viii) whether the project can be replicated; and
``(ix) scalability for commercial use.
``(3) Cost sharing.--
``(A) Limits.--The amount of a grant awarded for
development and construction of a biorefinery under subsection
(c)(1) shall not exceed an amount equal to 30 percent of the
cost of the project.
``(B) Form of grantee share.--
``(i) In general.--The grantee share of the cost of a
project may be made in the form of cash or material.
``(ii) Limitation.--The amount of the grantee share
that is made in the form of material shall not exceed 15
percent of the amount of the grantee share determined under
subparagraph (A).
``(e) Loan Guarantees.--
``(1) Selection criteria.--
``(A) In general.--In approving loan guarantee
applications, the Secretary shall establish a priority scoring
system that assigns priority scores to each application and
only approve applications that exceed a specified minimum, as
determined by the Secretary.
``(B) Feasibility.--In approving a loan guarantee
application, the Secretary shall determine the technical and
economic feasibility of the project based on a feasibility
study of the project described in the application conducted by
an independent third party.
``(C) Scoring system.--In determining the priority scoring
system for loan guarantees under subsection (c)(2), the
Secretary shall consider--
``(i) whether the applicant has established a market
for the advanced biofuel and the byproducts produced;
``(ii) whether the area in which the applicant proposes
to place the biorefinery has other similar facilities;
``(iii) whether the applicant is proposing to use a
feedstock not previously used in the production of advanced
biofuels;
``(iv) whether the applicant is proposing to work with
producer associations or cooperatives;
``(v) the level of financial participation by the
applicant, including support from non-Federal and private
sources;
``(vi) whether the applicant has established that the
adoption of the process proposed in the application will
have a positive impact on resource conservation, public
health, and the environment;
``(vii) whether the applicant can establish that if
adopted, the biofuels production technology proposed in the
application will not have any significant negative impacts
on existing manufacturing plants or other facilities that
use similar feedstocks;
``(viii) the potential for rural economic development;
``(ix) the level of local ownership proposed in the
application; and
``(x) whether the project can be replicated.
``(2) Limitations.--
``(A) Maximum amount of loan guaranteed.--The principal
amount of a loan guaranteed under subsection (c)(2) may not
exceed $250,000,000.
``(B) Maximum percentage of loan guaranteed.--
``(i) In general.--Except as otherwise provided in this
subparagraph, a loan guaranteed under subsection (c)(2)
shall be in an amount not to exceed 80 percent of the
project costs, as determined by the Secretary.
``(ii) Other direct federal funding.--The amount of a
loan guaranteed for a project under subsection (c)(2) shall
be reduced by the amount of other direct Federal funding
that the eligible entity receives for the same project.
``(iii) Authority to guarantee the loan.--The Secretary
may guarantee up to 90 percent of the principal and
interest due on a loan guaranteed under subsection (c)(2).
``(C) Loan guarantee fund distribution.--Of the funds made
available for loan guarantees for a fiscal year under
subsection (h), 50 percent of the funds shall be reserved for
obligation during the second half of the fiscal year.
``(f) Consultation.--In carrying out this section, the Secretary
shall consult with the Secretary of Energy.
``(g) Condition on Provision of Assistance.--
``(1) In general.--As a condition of receiving a grant or loan
guarantee under this section, an 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 sections 3141 through 3144,
3146, and 3147 of title 40, United States Code.
``(2) Authority and functions.--The Secretary of Labor shall
have, with respect to the labor standards described in paragraph
(1), the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (5 U.S.C. App) and section 3145 of title 40,
United States Code.
``(h) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use for the cost of loan
guarantees under this section, to remain available until expended--
``(A) $75,000,000 for fiscal year 2009; and
``(B) $245,000,000 for fiscal year 2010.
``(2) Discretionary funding.--In addition to any other funds
made available to carry out this section, there is authorized to be
appropriated to carry out this section $150,000,000 for each of
fiscal years 2009 through 2012.
``SEC. 9004. REPOWERING ASSISTANCE.
``(a) In General.--The Secretary shall carry out a program to
encourage biorefineries in existence on the date of enactment of the
Food, Conservation, and Energy Act of 2008 to replace fossil fuels used
to produce heat or power to operate the biorefineries by making
payments for--
``(1) the installation of new systems that use renewable
biomass; or
``(2) the new production of energy from renewable biomass.
``(b) Payments.--
``(1) In general.--The Secretary may make payments under this
section to any biorefinery that meets the requirements of this
section for a period determined by the Secretary.
``(2) Amount.--The Secretary shall determine the amount of
payments to be made under this section to a biorefinery after
considering--
``(A) the quantity of fossil fuels a renewable biomass
system is replacing;
``(B) the percentage reduction in fossil fuel used by the
biorefinery that will result from the installation of the
renewable biomass system; and
``(C) the cost and cost effectiveness of the renewable
biomass system.
``(c) Eligibility.--To be eligible to receive a payment under this
section, a biorefinery shall demonstrate to the Secretary that the
renewable biomass system of the biorefinery is feasible based on an
independent feasibility study that takes into account the economic,
technical and environmental aspects of the system.
``(d) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to make payments under this
section $35,000,000 for fiscal year 2009, to remain available until
expended.
``(2) Discretionary funding.--In addition to any other funds
made available to carry out this section, there is authorized to be
appropriated to carry out this section $15,000,000 for each of
fiscal years 2009 through 2012.
``SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.
``(a) Definition of Eligible Producer.--In this section, the term
`eligible producer' means a producer of advanced biofuels.
``(b) Payments.--The Secretary shall make payments to eligible
producers to support and ensure an expanding production of advanced
biofuels.
``(c) Contracts.--To receive a payment, an eligible producer
shall--
``(1) enter into a contract with the Secretary for production
of advanced biofuels; and
``(2) submit to the Secretary such records as the Secretary may
require as evidence of the production of advanced biofuels.
``(d) Basis for Payments.--The Secretary shall make payments under
this section to eligible producers based on--
``(1) the quantity and duration of production by the eligible
producer of an advanced biofuel;
``(2) the net nonrenewable energy content of the advanced
biofuel, if sufficient data is available, as determined by the
Secretary; and
``(3) other appropriate factors, as determined by the
Secretary.
``(e) Equitable Distribution.--The Secretary may limit the amount
of payments that may be received by a single eligible producer under
this section in order to distribute the total amount of funding
available in an equitable manner.
``(f) Other Requirements.--To receive a payment under this section,
an eligible producer shall meet any other requirements of Federal and
State law (including regulations) applicable to the production of
advanced biofuels.
``(g) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section, to
remain available until expended--
``(A) $55,000,000 for fiscal year 2009;
``(B) $55,000,000 for fiscal year 2010;
``(C) $85,000,000 for fiscal year 2011; and
``(D) $105,000,000 for fiscal year 2012.
``(2) Discretionary funding.--In addition to any other funds
made available to carry out this section, there is authorized to be
appropriated to carry out this section $25,000,000 for each of
fiscal years 2009 through 2012.
``(3) Limitation.--Of the funds provided for each fiscal year,
not more than 5 percent of the funds shall be made available to
eligible producers for production at facilities with a total
refining capacity exceeding 150,000,000 gallons per year.
``SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM.
``(a) Establishment.--The Secretary shall, under such terms and
conditions as the Secretary determines to be appropriate, make
competitive grants to eligible entities to educate governmental and
private entities that operate vehicle fleets, other interested entities
(as determined by the Secretary), and the public about the benefits of
biodiesel fuel use.
``(b) Eligible Entities.--To receive a grant under subsection (b),
an entity shall--
``(1) be a nonprofit organization or institution of higher
education;
``(2) have demonstrated knowledge of biodiesel fuel production,
use, or distribution; and
``(3) have demonstrated the ability to conduct educational and
technical support programs.
``(c) Consultation.--In carrying out this section, the Secretary
shall consult with the Secretary of Energy.
``(d) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section $1,000,000 for each
of fiscal years 2008 through 2012.
``SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM.
``(a) Establishment.--The Secretary, in consultation with the
Secretary of Energy, shall establish a Rural Energy for America Program
to promote energy efficiency and renewable energy development for
agricultural producers and rural small businesses through--
``(1) grants for energy audits and renewable energy development
assistance; and
``(2) financial assistance for energy efficiency improvements
and renewable energy systems.
``(b) Energy Audits and Renewable Energy Development Assistance.--
``(1) In general.--The Secretary shall make competitive grants
to eligible entities to provide assistance to agricultural
producers and rural small businesses--
``(A) to become more energy efficient; and
``(B) to use renewable energy technologies and resources.
``(2) Eligible entities.--An eligible entity under this
subsection is--
``(A) a unit of State, tribal, or local government;
``(B) a land-grant college or university or other
institution of higher education;
``(C) a rural electric cooperative or public power entity;
and
``(D) any other similar entity, as determined by the
Secretary.
``(3) Selection criteria.--In reviewing applications of
eligible entities to receive grants under paragraph (1), the
Secretary shall consider--
``(A) the ability and expertise of the eligible entity in
providing professional energy audits and renewable energy
assessments;
``(B) the geographic scope of the program proposed by the
eligible entity in relation to the identified need;
``(C) the number of agricultural producers and rural small
businesses to be assisted by the program;
``(D) the potential of the proposed program to produce
energy savings and environmental benefits;
``(E) the plan of the eligible entity for performing
outreach and providing information and assistance to
agricultural producers and rural small businesses on the
benefits of energy efficiency and renewable energy development;
and
``(F) the ability of the eligible entity to leverage other
sources of funding.
``(4) Use of grant funds.--A recipient of a grant under
paragraph (1) shall use the grant funds to assist agricultural
producers and rural small businesses by--
``(A) conducting and promoting energy audits; and
``(B) providing recommendations and information on how--
``(i) to improve the energy efficiency of the
operations of the agricultural producers and rural small
businesses; and
``(ii) to use renewable energy technologies and
resources in the operations.
``(5) Limitation.--Grant recipients may not use more than 5
percent of a grant for administrative expenses.
``(6) Cost sharing.--A recipient of a grant under paragraph (1)
that conducts an energy audit for an agricultural producer or rural
small business under paragraph (4) shall require that, as a
condition of the energy audit, the agricultural producer or rural
small business pay at least 25 percent of the cost of the energy
audit, which shall be retained by the eligible entity for the cost
of the energy audit.
``(c) Financial Assistance for Energy Efficiency Improvements and
Renewable Energy Systems.--
``(1) In general.--In addition to any similar authority, the
Secretary shall provide loan guarantees and grants to agricultural
producers and rural small businesses--
``(A) to purchase renewable energy systems, including
systems that may be used to produce and sell electricity; and
``(B) to make energy efficiency improvements.
``(2) Award considerations.--In determining the amount of a
loan guarantee or grant provided under this section, the Secretary
shall take into consideration, as applicable--
``(A) the type of renewable energy system to be purchased;
``(B) the estimated quantity of energy to be generated by
the renewable energy system;
``(C) the expected environmental benefits of the renewable
energy system;
``(D) the quantity of energy savings expected to be derived
from the activity, as demonstrated by an energy audit;
``(E) the estimated period of time for the energy savings
generated by the activity to equal the cost of the activity;
``(F) the expected energy efficiency of the renewable
energy system; and
``(G) other appropriate factors.
``(3) Feasibility studies.--
``(A) In general.--The Secretary may provide assistance in
the form of grants to an agricultural producer or rural small
business to conduct a feasibility study for a project for which
assistance may be provided under this subsection.
``(B) Limitation.--The Secretary shall use not more than 10
percent of the funds made available to carry out this
subsection to provide assistance described in subparagraph (A).
``(C) Avoidance of duplicative assistance.--An entity shall
be ineligible to receive assistance to carry out a feasibility
study for a project under this paragraph if the entity has
received other Federal or State assistance for a feasibility
study for the project.
``(4) Limits.--
``(A) Grants.--The amount of a grant under this subsection
shall not exceed 25 percent of the cost of the activity carried
out using funds from the grant.
``(B) Maximum amount of loan guarantees.--The amount of a
loan guaranteed under this subsection shall not exceed
$25,000,000.
``(C) Maximum amount of combined grant and loan
guarantee.--The combined amount of a grant and loan guaranteed
under this subsection shall not exceed 75 percent of the cost
of the activity funded under this subsection.
``(d) Outreach.--The Secretary shall ensure, to the maximum extent
practicable, that adequate outreach relating to this section is being
conducted at the State and local levels.
``(e) Lower-Cost Activities.--
``(1) Limitation on use of funds.--Except as provided in
paragraph (2), the Secretary shall use not less than 20 percent of
the funds made available under subsection (g) to provide grants of
$20,000 or less.
``(2) Exception.--Effective beginning on June 30 of each fiscal
year, paragraph (1) shall not apply to funds made available under
subsection (g) for the fiscal year.
``(f) Report.--Not later than 4 years after the date of enactment
of the Food, Conservation, and Energy Act of 2008, the Secretary shall
submit to Congress a report on the implementation of this section,
including the outcomes achieved by projects funded under this section.
``(g) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section, to
remain available until expended--
``(A) $55,000,000 for fiscal year 2009;
``(B) $60,000,000 for fiscal year 2010;
``(C) $70,000,000 for fiscal year 2011; and
``(D) $70,000,000 for fiscal year 2012.
``(2) Audit and technical assistance funding.--
``(A) In general.--Subject to subparagraph (B), of the
funds made available for each fiscal year under paragraph (1),
4 percent shall be available to carry out subsection (b).
``(B) Other use.--Funds not obligated under subparagraph
(A) by April 1 of each fiscal year to carry out subsection (b)
shall become available to carry out subsection (c).
``(3) Discretionary funding.--In addition to any other funds
made available to carry out this section, there is authorized to be
appropriated to carry out this section $25,000,000 for each of
fiscal years 2009 through 2012.
``SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT.
``(a) Definitions.--In this section:
``(1) Biobased product.--The term `biobased product' means--
``(A) an industrial product (including chemicals,
materials, and polymers) produced from biomass; or
``(B) a commercial or industrial product (including animal
feed and electric power) derived in connection with the
conversion of biomass to fuel.
``(2) Demonstration.--The term `demonstration' means
demonstration of technology in a pilot plant or semi-works scale
facility, including a plant or facility located on a farm.
``(3) Initiative.--The term `Initiative' means the Biomass
Research and Development Initiative established under subsection
(e).
``(b) Cooperation and Coordination in Biomass Research and
Development.--
``(1) In general.--The Secretary of Agriculture and the
Secretary of Energy shall coordinate policies and procedures that
promote research and development regarding the production of
biofuels and biobased products.
``(2) Points of contact.--To coordinate research and
development programs and activities relating to biofuels and
biobased products that are carried out by their respective
departments--
``(A) the Secretary of Agriculture shall designate, as the
point of contact for the Department of Agriculture, an officer
of the Department of Agriculture appointed by the President to
a position in the Department before the date of the
designation, by and with the advice and consent of the Senate;
and
``(B) the Secretary of Energy shall designate, as the point
of contact for the Department of Energy, an officer of the
Department of Energy appointed by the President to a position
in the Department before the date of the designation, by and
with the advice and consent of the Senate.
``(c) Biomass Research and Development Board.--
``(1) Establishment.--There is established the Biomass Research
and Development Board to carry out the duties described in
paragraph (3).
``(2) Membership.--The Board shall consist of--
``(A) the point of contacts of the Department of Energy and
the Department of Agriculture, who shall serve as
cochairpersons of the Board;
``(B) a senior officer of each of the Department of the
Interior, the Environmental Protection Agency, the National
Science Foundation, and the Office of Science and Technology
Policy, each of whom shall have a rank that is equivalent to
the rank of the points of contact; and
``(C) at the option of the Secretary of Agriculture and the
Secretary of Energy, other members appointed by the Secretaries
(after consultation with the Board).
``(3) Duties.--The Board shall--
``(A) coordinate research and development activities
relating to biofuels and biobased products--
``(i) between the Department of Agriculture and the
Department of Energy; and
``(ii) with other departments and agencies of the
Federal Government;
``(B) provide recommendations to the points of contact
concerning administration of this title;
``(C) ensure that--
``(i) solicitations are open and competitive with
awards made annually; and
``(ii) objectives and evaluation criteria of the
solicitations are clearly stated and minimally
prescriptive, with no areas of special interest; and
``(D) ensure that the panel of scientific and technical
peers assembled under subsection (e) to review proposals is
composed predominantly of independent experts selected from
outside the Departments of Agriculture and Energy.
``(4) Funding.--Each agency represented on the Board is
encouraged to provide funds for any purpose under this section.
``(5) Meetings.--The Board shall meet at least quarterly.
``(d) Biomass Research and Development Technical Advisory
Committee.--
``(1) Establishment.--There is established the Biomass Research
and Development Technical Advisory Committee to carry out the
duties described in paragraph (3).
``(2) Membership.--
``(A) In general.--The Advisory Committee shall consist
of--
``(i) an individual affiliated with the biofuels
industry;
``(ii) an individual affiliated with the biobased
industrial and commercial products industry;
``(iii) an individual affiliated with an institution of
higher education who has expertise in biofuels and biobased
products;
``(iv) 2 prominent engineers or scientists from
government or academia who have expertise in biofuels and
biobased products;
``(v) an individual affiliated with a commodity trade
association;
``(vi) 2 individuals affiliated with environmental or
conservation organizations;
``(vii) an individual associated with State government
who has expertise in biofuels and biobased products;
``(viii) an individual with expertise in energy and
environmental analysis;
``(ix) an individual with expertise in the economics of
biofuels and biobased products;
``(x) an individual with expertise in agricultural
economics;
``(xi) an individual with expertise in plant biology
and biomass feedstock development;
``(xii) an individual with expertise in agronomy, crop
science, or soil science; and
``(xiii) at the option of the points of contact, other
members.
``(B) Appointment.--The members of the Advisory Committee
shall be appointed by the points of contact.
``(3) Duties.--The Advisory Committee shall--
``(A) advise the points of contact with respect to the
Initiative; and
``(B) evaluate and make recommendations in writing to the
Board regarding whether--
``(i) funds authorized for the Initiative are
distributed and used in a manner that is consistent with
the objectives, purposes, and considerations of the
Initiative;
``(ii) solicitations are open and competitive with
awards made annually;
``(iii) objectives and evaluation criteria of the
solicitations are clearly stated and minimally
prescriptive, with no areas of special interest;
``(iv) the points of contact are funding proposals
under this title that are selected on the basis of merit,
as determined by an independent panel of scientific and
technical peers predominantly from outside the Departments
of Agriculture and Energy; and
``(v) activities under this title are carried out in
accordance with this title.
``(4) Coordination.--To avoid duplication of effort, the
Advisory Committee shall coordinate its activities with those of
other Federal advisory committees working in related areas.
``(5) Meetings.--The Advisory Committee shall meet at least
quarterly.
``(6) Terms.--Members of the Advisory Committee shall be
appointed for a term of 3 years.
``(e) Biomass Research and Development Initiative.--
``(1) In general.--The Secretary of Agriculture and the
Secretary of Energy, acting through their respective points of
contact and in consultation with the Board, shall establish and
carry out a Biomass Research and Development Initiative under which
competitively awarded grants, contracts, and financial assistance
are provided to, or entered into with, eligible entities to carry
out research on and development and demonstration of--
``(A) biofuels and biobased products; and
``(B) the methods, practices, and technologies, for the
production of biofuels and biobased products.
``(2) Objectives.--The objectives of the Initiative are to
develop--
``(A) technologies and processes necessary for abundant
commercial production of biofuels at prices competitive with
fossil fuels;
``(B) high-value biobased products--
``(i) to enhance the economic viability of biofuels and
power;
``(ii) to serve as substitutes for petroleum-based
feedstocks and products; and
``(iii) to enhance the value of coproducts produced
using the technologies and processes; and
``(C) a diversity of economically and environmentally
sustainable domestic sources of renewable biomass for
conversion to biofuels, bioenergy, and biobased products.
``(3) Technical areas.--The Secretary of Agriculture and the
Secretary of Energy, in consultation with the Administrator of the
Environmental Protection Agency and heads of other appropriate
departments and agencies (referred to in this subsection as the
`Secretaries'), shall direct the Initiative in the 3 following
areas:
``(A) Feedstocks development.--Research, development, and
demonstration activities regarding feedstocks and feedstock
logistics (including the harvest, handling, transport,
preprocessing, and storage) relevant to production of raw
materials for conversion to biofuels and biobased products.
``(B) Biofuels and biobased products development.--
Research, development, and demonstration activities to
support--
``(i) the development of diverse cost-effective
technologies for the use of cellulosic biomass in the
production of biofuels and biobased products; and
``(ii) product diversification through technologies
relevant to production of a range of biobased products
(including chemicals, animal feeds, and cogenerated power)
that potentially can increase the feasibility of fuel
production in a biorefinery.
``(C) Biofuels development analysis.--
``(i) Strategic guidance.--The development of analysis
that provides strategic guidance for the application of
renewable biomass technologies to improve sustainability
and environmental quality, cost effectiveness, security,
and rural economic development.
``(ii) Energy and environmental impact.--Development of
systematic evaluations of the impact of expanded biofuel
production on the environment (including forest land) and
on the food supply for humans and animals, including the
improvement and development of tools for life cycle
analysis of current and potential biofuels.
``(iii) Assessment of federal land.--Assessments of the
potential of Federal land resources to increase the
production of feedstocks for biofuels and biobased
products, consistent with the integrity of soil and water
resources and with other environmental considerations.
``(4) Additional considerations.--Within the technical areas
described in paragraph (3), the Secretaries shall support research
and development--
``(A) to create continuously expanding opportunities for
participants in existing biofuels production by seeking
synergies and continuity with current technologies and
practices;
``(B) to maximize the environmental, economic, and social
benefits of production of biofuels and derived biobased
products on a large scale; and
``(C) to facilitate small-scale production and local and
on-farm use of biofuels, including the development of small-
scale gasification technologies for production of biofuel from
cellulosic feedstocks.
``(5) Eligibility.--To be eligible for a grant, contract, or
assistance under this section, an applicant shall be--
``(A) an institution of higher education;
``(B) a National Laboratory;
``(C) a Federal research agency;
``(D) a State research agency;
``(E) a private sector entity;
``(F) a nonprofit organization; or
``(G) a consortium of 2 or more entities described in
subparagraphs (A) through (F).
``(6) Administration.--
``(A) In general.--After consultation with the Board, the
points of contact shall--
``(i) publish annually 1 or more joint requests for
proposals for grants, contracts, and assistance under this
subsection;
``(ii) require that grants, contracts, and assistance
under this section be awarded based on a scientific peer
review by an independent panel of scientific and technical
peers;
``(iii) give special consideration to applications
that--
``(I) involve a consortia of experts from multiple
institutions;
``(II) encourage the integration of disciplines and
application of the best technical resources; and
``(III) increase the geographic diversity of
demonstration projects; and
``(iv) require that the technical areas described in
each of subparagraphs (A), (B), and (C) of paragraph (3)
receive not less than 15 percent of funds made available to
carry out this section.
``(B) Cost share.--
``(i) Research and development projects.--
``(I) In general.--Except as provided in subclause
(II), the non-Federal share of the cost of a research
or development project under this section shall be not
less than 20 percent.
``(II) Reduction.--The Secretary of Agriculture or
the Secretary of Energy, as appropriate, may reduce the
non-Federal share required under subclause (I) if the
appropriate Secretary determines the reduction to be
necessary and appropriate.
``(ii) Demonstration and commercial projects.--The non-
Federal share of the cost of a demonstration or commercial
project under this section shall be not less than 50
percent.
``(C) Technology and information transfer.--The Secretary
of Agriculture and the Secretary of Energy shall ensure that
applicable research results and technologies from the
Initiative are--
``(i) adapted, made available, and disseminated, as
appropriate; and
``(ii) included in the best practices database
established under section 1672C(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990.
``(f) Administrative Support and Funds.--
``(1) In general.--The Secretary of Energy and the Secretary of
Agriculture may provide such administrative support and funds of
the Department of Energy and the Department of Agriculture to the
Board and the Advisory Committee as are necessary to enable the
Board and the Advisory Committee to carry out their duties under
this section.
``(2) Other agencies.--The heads of the agencies referred to in
subsection (c)(2)(B), and the other members of the Board appointed
under subsection (c)(2)(C), are encouraged to provide
administrative support and funds of their respective agencies to
the Board and the Advisory Committee.
``(3) Limitation.--Not more than 4 percent of the amount made
available for each fiscal year under subsection (h) may be used to
pay the administrative costs of carrying out this section.
``(g) Reports.--For each fiscal year for which funds are made
available to carry out this section, the Secretary of Energy and the
Secretary of Agriculture shall jointly submit to Congress a detailed
report on--
``(1) the status and progress of the Initiative, including a
report from the Advisory Committee on whether funds appropriated
for the Initiative have been distributed and used in a manner that
is consistent with the objectives and requirements of this section;
``(2) the general status of cooperation and research and
development efforts carried out at each agency with respect to
biofuels and biobased products; and
``(3) the plans of the Secretary of Energy and the Secretary of
Agriculture for addressing concerns raised in the report, including
concerns raised by the Advisory Committee.
``(h) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall use to carry out
this section, to remain available until expended--
``(A) $20,000,000 for fiscal year 2009;
``(B) $28,000,000 for fiscal year 2010;
``(C) $30,000,000 for fiscal year 2011; and
``(D) $40,000,000 for fiscal year 2012.
``(2) Discretionary funding.--In addition to any other funds
made available to carry out this section, there is authorized to be
appropriated to carry out this section $35,000,000 for each of
fiscal years 2009 through 2012.
``SEC. 9009. RURAL ENERGY SELF-SUFFICIENCY INITIATIVE.
``(a) Definitions.--In this section:
``(1) Eligible rural community.--The term `eligible rural
community' means a community located in a rural area (as defined in
section 343(a)(13)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(13)(A))).
``(2) Initiative.--The term `Initiative' means the Rural Energy
Self-Sufficiency Initiative established under this section.
``(3) Integrated renewable energy system.--The term `integrated
renewable energy system' means a community-wide energy system
that--
``(A) reduces conventional energy use; and
``(B) increases the use of energy from renewable sources.
``(b) Establishment.--The Secretary shall establish a Rural Energy
Self-Sufficiency Initiative to provide financial assistance for the
purpose of enabling eligible rural communities to substantially
increase the energy self-sufficiency of the eligible rural communities.
``(c) Grant Assistance.--
``(1) In general.--The Secretary shall make grants available
under the Initiative to eligible rural communities to carry out an
activity described in paragraph (2).
``(2) Use of grant funds.--An eligible rural community may use
a grant--
``(A) to conduct an energy assessment that assesses the
total energy use of all energy users in the eligible rural
community;
``(B) to formulate and analyze ideas for reducing energy
usage by the eligible rural community from conventional
sources; and
``(C) to develop and install an integrated renewable energy
system.
``(3) Grant selection.--
``(A) Application.--To be considered for a grant, an
eligible rural community shall submit an application to the
Secretary that describes the ways in which the community would
use the grant to carry out an activity described in paragraph
(2).
``(B) Preference.--The Secretary shall give preference to
those applications that propose to carry out an activity in
coordination with--
``(i) institutions of higher education or nonprofit
foundations of institutions of higher education;
``(ii) Federal, State, or local government agencies;
``(iii) public or private power generation entities; or
``(iv) government entities with responsibility for
water or natural resources.
``(4) Report.--An eligible rural community receiving a grant
under the Initiative shall submit to the Secretary a report on the
project of the eligible rural community.
``(5) Cost-sharing.--The amount of a grant under the Initiative
shall not exceed 50 percent of the cost of the activities described
in the application.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2009 through 2012.
``SEC. 9010. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS.
``(a) Definitions.--In this section:
``(1) Bioenergy.--The term `bioenergy' means fuel grade ethanol
and other biofuel.
``(2) Bioenergy producer.--The term `bioenergy producer' means
a producer of bioenergy that uses an eligible commodity to produce
bioenergy under this section.
``(3) Eligible commodity.--The term `eligible commodity' means
a form of raw or refined sugar or in-process sugar that is eligible
to be marketed in the United States for human consumption or to be
used for the extraction of sugar for human consumption.
``(4) Eligible entity.--The term `eligible entity' means an
entity located in the United States that markets an eligible
commodity in the United States.
``(b) Feedstock Flexibility Program.--
``(1) In general.--
``(A) Purchases and sales.--For each of the 2008 through
2012 crops, the Secretary shall purchase eligible commodities
from eligible entities and sell such commodities to bioenergy
producers for the purpose of producing bioenergy in a manner
that ensures that section 156 of the Federal Agriculture
Improvement and Reform Act (7 U.S.C. 7272) is operated at no
cost to the Federal Government by avoiding forfeitures to the
Commodity Credit Corporation.
``(B) Competitive procedures.--In carrying out the
purchases and sales required under subparagraph (A), the
Secretary shall, to the maximum extent practicable, use
competitive procedures, including the receiving, offering, and
accepting of bids, when entering into contracts with eligible
entities and bioenergy producers, provided that such procedures
are consistent with the purposes of subparagraph (A).
``(C) Limitation.--The purchase and sale of eligible
commodities under subparagraph (A) shall only be made in crop
years in which such purchases and sales are necessary to ensure
that the program authorized under section 156 of the Federal
Agriculture Improvement and Reform Act (7 U.S.C. 7272) is
operated at no cost to the Federal Government by avoiding
forfeitures to the Commodity Credit Corporation.
``(2) Notice.--
``(A) In general.--As soon as practicable after the date of
enactment of the Food, Conservation, and Energy Act of 2008 and
each September 1 thereafter through September 1, 2012, the
Secretary shall provide notice to eligible entities and
bioenergy producers of the quantity of eligible commodities
that shall be made available for purchase and sale for the crop
year following the date of the notice under this section.
``(B) Reestimates.--Not later than the January 1, April 1,
and July 1 of the calendar year following the date of a notice
under subparagraph (A), the Secretary shall reestimate the
quantity of eligible commodities determined under subparagraph
(A), and provide notice and make purchases and sales based on
such reestimates.
``(3) Commodity credit corporation inventory.--
``(A) Dispositions.--
``(i) Bioenergy and generally.--Except as provided in
clause (ii), to the extent that an eligible commodity is
owned and held in inventory by the Commodity Credit
Corporation (accumulated pursuant to the program authorized
under section 156 of the Federal Agriculture Improvement
and Reform Act (7 U.S.C. 7272)), the Secretary shall--
``(I) sell the eligible commodity to bioenergy
producers under this section consistent with paragraph
(1)(C);
``(II) dispose of the eligible commodity in
accordance with section 156(f)(2) of that Act; or
``(III) otherwise dispose of the eligible commodity
through the buyback of certificates of quota entry.
``(ii) Preservation of other authorities.--Nothing in
this section limits the use of other authorities for the
disposition of an eligible commodity held in the inventory
of the Commodity Credit Corporation for nonfood use or
otherwise in a manner that does not increase the net
quantity of sugar available for human consumption in the
United States market, consistent with section 156(f)(1) of
the Federal Agriculture Improvement and Reform Act (7
U.S.C. 7272(f)(1)).
``(B) Emergency shortages.--Notwithstanding subparagraph
(A), if there is an emergency shortage of sugar for human
consumption in the United States market that is caused by a
war, flood, hurricane, or other natural disaster, or other
similar event, the Secretary may dispose of an eligible
commodity that is owned and held in inventory by the Commodity
Credit Corporation (accumulated pursuant to the program
authorized under section 156 of the Federal Agriculture
Improvement and Reform Act (7 U.S.C. 7272)) through disposition
as authorized under section 156(f) of that Act or through the
use of any other authority of the Commodity Credit Corporation.
``(4) Transfer rule; storage fees.--
``(A) General transfer rule.--Except with regard to
emergency dispositions under paragraph (3)(B) and as provided
in subparagraph (C), the Secretary shall ensure that bioenergy
producers that purchase eligible commodities pursuant to this
section take possession of the eligible commodities within 30
calendar days of the date of such purchase from the Commodity
Credit Corporation.
``(B) Payment of storage fees prohibited.--
``(i) In general.--The Secretary shall, to the maximum
extent practicable, carry out this section in a manner that
ensures no storage fees are paid by the Commodity Credit
Corporation in the administration of this section.
``(ii) Exception.--Clause (i) shall not apply with
respect to any commodities owned and held in inventory by
the Commodity Credit Corporation (accumulated pursuant to
the program authorized under section 156 of the Federal
Agriculture Improvement and Reform Act (7 U.S.C. 7272)).
``(C) Option to prevent storage fees.--
``(i) In general.--The Secretary may enter into
contracts with bioenergy producers to sell eligible
commodities to such producers prior in time to entering
into contracts with eligible entities to purchase the
eligible commodities to be used to satisfy the contracts
entered into with the bioenergy producers.
``(ii) Special transfer rule.--If the Secretary makes a
sale and purchase referred to in clause (i), the Secretary
shall ensure that the bioenergy producer that purchased
eligible commodities takes possession of such commodities
within 30 calendar days of the date the Commodity Credit
Corporation purchases the eligible commodities.
``(5) Relation to other laws.--If sugar that is subject to a
marketing allotment under part VII of subtitle B of title III of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.)
is the subject of a payment under this section, the sugar shall be
considered marketed and shall count against a processor's
allocation of an allotment under such part, as applicable.
``(6) Funding.--The Secretary shall use the funds, facilities,
and authorities of the Commodity Credit Corporation, including the
use of such sums as are necessary, to carry out this section.
``SEC. 9011. BIOMASS CROP ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) BCAP.--The term `BCAP' means the Biomass Crop Assistance
Program established under this section.
``(2) BCAP project area.--The term `BCAP project area' means an
area that--
``(A) has specified boundaries that are submitted to the
Secretary by the project sponsor and subsequently approved by
the Secretary;
``(B) includes producers with contract acreage that will
supply a portion of the renewable biomass needed by a biomass
conversion facility; and
``(C) is physically located within an economically
practicable distance from the biomass conversion facility.
``(3) Contract acreage.--The term `contract acreage' means
eligible land that is covered by a BCAP contract entered into with
the Secretary.
``(4) Eligible crop.--
``(A) In general.--The term `eligible crop' means a crop of
renewable biomass.
``(B) Exclusions.--The term `eligible crop' does not
include--
``(i) any crop that is eligible to receive payments
under title I of the Food, Conservation, and Energy Act of
2008 or an amendment made by that 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.
``(5) Eligible land.--
``(A) In general.--The term `eligible land' includes
agricultural and nonindustrial private forest lands (as defined
in section 5(c) of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103a(c))).
``(B) Exclusions.--The term `eligible land' does not
include--
``(i) Federal- or State-owned land;
``(ii) land that is native sod, as of the date of
enactment of the Food, Conservation, and Energy Act of
2008;
``(iii) land enrolled in 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.);
``(iv) land enrolled in the wetlands reserve program
established under subchapter C of chapter 1 of subtitle D
of title XII of that Act (16 U.S.C. 3837 et seq.); or
``(v) land enrolled in the grassland reserve program
established under subchapter D of chapter 2 of subtitle D
of title XII of that Act (16 U.S.C. 3838n et seq.).
``(6) Eligible material.--
``(A) In general.--The term `eligible material' means
renewable biomass.
``(B) Exclusions.--The term `eligible material' does not
include--
``(i) any crop that is eligible to receive payments
under title I of the Food, Conservation, and Energy Act of
2008 or an amendment made by that title;
``(ii) animal waste and byproducts (including fats,
oils, greases, and manure);
``(iii) food waste and yard waste; or
``(iv) algae.
``(7) Producer.--The term `producer' means an owner or operator
of contract acreage that is physically located within a BCAP
project area.
``(8) Project sponsor.--The term `project sponsor' means--
``(A) a group of producers; or
``(B) a biomass conversion facility.
``(b) Establishment and Purpose.--The Secretary shall establish and
administer a Biomass Crop Assistance Program to--
``(1) support the establishment and production of eligible
crops for conversion to bioenergy in selected BCAP project areas;
and
``(2) assist agricultural and forest land owners and operators
with collection, harvest, storage, and transportation of eligible
material for use in a biomass conversion facility.
``(c) BCAP Project Area.--
``(1) In general.--The Secretary shall provide financial
assistance to producers of eligible crops in a BCAP project area.
``(2) Selection of project areas.--
``(A) In general.--To be considered for selection as a BCAP
project area, a project sponsor shall submit to the Secretary a
proposal that includes, at a minimum--
``(i) a description of the eligible land and eligible
crops of each producer that will participate in the
proposed BCAP project area;
``(ii) a letter of commitment from a biomass conversion
facility that the facility will use the eligible crops
intended to be produced in the proposed BCAP project area;
``(iii) evidence that the biomass conversion facility
has sufficient equity available, as determined by the
Secretary, if the biomass conversion facility is not
operational at the time the proposal is submitted to the
Secretary; and
``(iv) any other appropriate information about the
biomass conversion facility or proposed biomass conversion
facility that gives the Secretary a reasonable assurance
that the plant will be in operation by the time that the
eligible crops are ready for harvest.
``(B) BCAP project area selection criteria.--In selecting
BCAP project areas, the Secretary shall consider--
``(i) the volume of the eligible crops proposed to be
produced in the proposed BCAP project area and the
probability that such crops will be used for the purposes
of the BCAP;
``(ii) the volume of renewable biomass projected to be
available from sources other than the eligible crops grown
on contract acres;
``(iii) the anticipated economic impact in the proposed
BCAP project area;
``(iv) the opportunity for producers and local
investors to participate in the ownership of the biomass
conversion facility in the proposed BCAP project area;
``(v) the participation rate by--
``(I) beginning farmers or ranchers (as defined in
accordance with section 343(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1991(a))); or
``(II) socially disadvantaged farmers or ranchers
(as defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(e)));
``(vi) the impact on soil, water, and related
resources;
``(vii) the variety in biomass production approaches
within a project area, including (as appropriate)--
``(I) agronomic conditions;
``(II) harvest and postharvest practices; and
``(III) monoculture and polyculture crop mixes;
``(viii) the range of eligible crops among project
areas; and
``(ix) any additional information, as determined by the
Secretary.
``(3) Contract.--
``(A) In general.--On approval of a BCAP project area by
the Secretary, each producer in the BCAP project area shall
enter into a contract directly with the Secretary.
``(B) Minimum terms.--At a minimum, contracts shall include
terms that cover--
``(i) an agreement 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 eligible crops and the development of biomass
conversion technology;
``(ii) compliance with 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 the
wetland conservation requirements of subtitle C of title
XII of that Act (16 U.S.C. 3821 et seq.);
``(iii) the implementation of (as determined by the
Secretary)--
``(I) a conservation plan; or
``(II) a forest stewardship plan or an equivalent
plan; and
``(iv) any additional requirements the Secretary
considers appropriate.
``(C) Duration.--A contract under this subsection shall
have a term of up to--
``(i) 5 years for annual and perennial crops; or
``(ii) 15 years for woody biomass.
``(4) Relationship to other programs.--In carrying out this
subsection, the Secretary shall provide for the preservation of
cropland base and yield history applicable to the land enrolled in
a BCAP contract.
``(5) Payments.--
``(A) In general.--The Secretary shall make establishment
and annual payments directly to producers to support the
establishment and production of eligible crops on contract
acreage.
``(B) Amount of establishment payments.--The amount of an
establishment payment under this subsection shall be up to 75
percent of the costs of establishing an eligible perennial crop
covered by the contract, including--
``(i) the cost of seeds and stock for perennials;
``(ii) the cost of planting the perennial crop, as
determined by the Secretary; and
``(iii) in the case of nonindustrial private
forestland, the costs of site preparation and tree
planting.
``(C) Amount of annual payments.--
``(i) In general.--Subject to clause (ii), the amount
of an annual payment under this subsection shall be
determined by the Secretary.
``(ii) Reduction.--The Secretary shall reduce an annual
payment by an amount determined to be appropriate by the
Secretary, if--
``(I) an eligible crop is used for purposes other
than the production of energy at the biomass conversion
facility;
``(II) an eligible crop is delivered to the biomass
conversion facility;
``(III) the producer receives a payment under
subsection (d);
``(IV) the producer violates a term of the
contract; or
``(V) there are such other circumstances, as
determined by the Secretary to be necessary to carry
out this section.
``(d) Assistance With Collection, Harvest, Storage, and
Transportation.--
``(1) In general.--The Secretary shall make a payment for the
delivery of eligible material to a biomass conversion facility to--
``(A) a producer of an eligible crop that is produced on
BCAP contract acreage; or
``(B) a person with the right to collect or harvest
eligible material.
``(2) Payments.--
``(A) Costs covered.--A payment under this subsection shall
be in an amount described in subparagraph (B) for--
``(i) collection;
``(ii) harvest;
``(iii) storage; and
``(iv) transportation to a biomass conversion facility.
``(B) Amount.--Subject to paragraph (3), the Secretary may
provide matching payments at a rate of $1 for each $1 per ton
provided by the biomass conversion facility, in an amount equal
to not more than $45 per ton for a period of 2 years.
``(3) Limitation on assistance for bcap contract acreage.--As a
condition of the receipt of annual payment under subsection (c), a
producer receiving a payment under this subsection for collection,
harvest, storage or transportation of an eligible crop produced on
BCAP acreage shall agree to a reduction in the annual payment.
``(e) Report.--Not later than 4 years after the date of enactment
of the Food, Conservation, and Energy Act of 2008, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report on the dissemination by the Secretary of the best practice
data and information gathered from participants receiving assistance
under this section.
``(f) 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. 9012. FOREST BIOMASS FOR ENERGY.
``(a) In General.--The Secretary, acting 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 the
program under this section include--
``(1) the Forest Service (acting through Research and
Development);
``(2) other Federal agencies;
``(3) State and local governments;
``(4) Indian tribes;
``(5) land-grant colleges and universities; and
``(6) private entities.
``(c) Priority for Project Selection.--In carrying out this
section, 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) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2009 through 2012.
``SEC. 9013. COMMUNITY WOOD ENERGY PROGRAM.
``(a) Definitions.--In this section:
``(1) Community wood energy plan.--The term `community wood
energy plan' means an assessment of--
``(A) available feedstocks necessary to supply a community
wood energy system; and
``(B) the long-term feasibility of supplying and operating
a community wood energy system.
``(2) Community wood energy system.--
``(A) In general.--The term `community wood energy system'
means an energy system that--
``(i) primarily services public facilities owned or
operated by State or local governments, including schools,
town halls, libraries, and other public buildings; and
``(ii) uses woody biomass as the primary fuel.
``(B) Inclusions.--The term `community wood energy system'
includes single facility central heating, district heating,
combined heat and energy systems, and other related biomass
energy systems.
``(b) Grant Program.--
``(1) In general.--The Secretary, acting through the Chief of
the Forest Service, shall establish a program to be known as the
`Community Wood Energy Program' to provide--
``(A) grants of up to $50,000 to State and local
governments (or designees) to develop community wood energy
plans; and
``(B) competitive grants to State and local governments to
acquire or upgrade community wood energy systems.
``(2) Considerations.--In selecting applicants for grants under
paragraph (1)(B), the Secretary shall consider--
``(A) the energy efficiency of the proposed system;
``(B) the cost effectiveness of the proposed system; and
``(C) other conservation and environmental criteria that
the Secretary considers appropriate.
``(3) Use of plan.--A State or local government applying to
receive a competitive grant described in paragraph (1)(B) shall
submit to the Secretary as part of the grant application the
applicable community wood energy plan.
``(c) Limitation.--A community wood energy system acquired with
grant funds provided under subsection (b)(1)(B) shall not exceed an
output of--
``(1) 50,000,000 Btu per hour for heating; and
``(2) 2 megawatts for electric power production.
``(d) Matching Funds.--A State or local government that receives a
grant under subsection (b) shall contribute an amount of non-Federal
funds towards the development of the community wood energy plan, or
acquisition of the community wood energy systems that is at least equal
to the amount of grant funds received by the State or local government
under that subsection.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2009 through 2012.''.
(b) Conforming Amendment.--The Biomass Research and Development Act
of 2000 (7 U.S.C. 8601 et seq.) is repealed.
SEC. 9002. BIOFUELS INFRASTRUCTURE STUDY.
(a) In General.--The Secretary of Agriculture, the Secretary of
Energy, the Administrator of the Environmental Protection Agency, and
the Secretary of Transportation (referred to in this section as the
``Secretaries''), shall jointly conduct a study that includes--
(1) an assessment of the infrastructure needs for expanding the
domestic production, transport, and distribution of biofuels given
current and likely future market trends;
(2) recommendations for infrastructure needs and development
approaches, taking into account cost and other associated factors;
and
(3) a report that includes--
(A) a summary of infrastructure needs;
(B) an analysis of alternative development approaches to
meeting the needs described in subparagraph (A), including
cost, siting, and other regulatory issues; and
(C) recommendations for specific infrastructure development
actions to be taken.
(b) Scope of Study.--
(1) In general.--In conducting the study described in
subsection (a), the Secretaries shall address--
(A) current and likely future market trends for biofuels
through calendar year 2025;
(B) current and future availability of feedstocks;
(C) water resource needs, including water requirements for
biorefineries;
(D) shipping and storage needs for biomass feedstock and
biofuels, including the adequacy of rural roads; and
(E) modes of transportation and delivery for biofuels
(including shipment by rail, truck, pipeline or barge) and
associated infrastructure issues.
(2) Considerations.--In addressing the issues described in
paragraph (1), the Secretaries shall consider--
(A) the effects of increased tank truck, rail, and barge
transport on existing infrastructure and safety;
(B) the feasibility of shipping biofuels through pipelines
in existence as the date of enactment of this Act;
(C) the development of new biofuels pipelines, including
siting, financing, timing, and other economic issues;
(D) the implications of various biofuel blend levels on
infrastructure needs;
(E) the implications of various approaches to
infrastructure development on resource use and conservation;
(F) regional differences in biofuels infrastructure needs;
and
(G) other infrastructure issues, as determined by the
Secretaries.
(c) Implementation.--In carrying out this section, the Secretaries
--
(1) shall--
(A) consult with individuals and entities with interest or
expertise in the areas described in subsection (b);
(B) to the extent available, use the information developed
and results of the related studies authorized under sections
243 and 245 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 121 Stat. 1540, 1546)); and
(C) submit to Congress the report required under subsection
(a)(3), including--
(i) in the Senate--
(I) the Committee on Agriculture, Nutrition, and
Forestry ;
(II) the Committee on Commerce, Science, and
Transportation;
(III) the Committee on Energy and Natural
Resources; and
(IV) the Committee on Environment and Public Works;
and
(ii) in the House of Representatives--
(I) the Committee on Agriculture;
(II) the Committee on Energy and Commerce;
(III) the Committee on Transportation and
Infrastructure; and
(IV) the Committee on Science and Technology; and
(2) may issue a solicitation for a competition to select a
contractor to support the Secretaries.
SEC. 9003. RENEWABLE FERTILIZER STUDY.
(a) In General.--Not later than 1 year after the date of receipt of
appropriations to carry out this section, the Secretary shall--
(1) conduct a study to assess the current state of knowledge
regarding the potential for the production of fertilizer from
renewable energy sources in rural areas, including--
(A) identification of the critical challenges to
commercialization of rural production of nitrogen and
phosphorus-based fertilizer from renewables;
(B) the most promising processes and technologies for
renewable fertilizer production;
(C) the potential cost-competitiveness of renewable
fertilizer; and
(D) the potential impacts of renewable fertilizer on fossil
fuel use and the environment; and
(2) submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the results of the
study.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for fiscal year 2009.
TITLE X--HORTICULTURE AND ORGANIC AGRICULTURE
SEC. 10001. DEFINITIONS.
In this title:
(1) Specialty crop.--The term ``specialty crop'' has the
meaning given the term in section 3 of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108-
465).
(2) State department of agriculture.--The term ``State
department of agriculture'' means the agency, commission, or
department of a State government responsible for protecting and
promoting agriculture in the State.
Subtitle A--Horticulture Marketing and Information
SEC. 10101. INDEPENDENT EVALUATION OF DEPARTMENT OF AGRICULTURE
COMMODITY PURCHASE PROCESS.
(a) Evaluation Required.--The Secretary shall arrange to have
performed an independent evaluation of the purchasing processes
(including the budgetary, statutory, and regulatory authority
underlying the processes) used by the Department of Agriculture to
implement the requirement that funds available under section 32 of the
Act of August 24, 1935 (7 U.S.C. 612c), shall be principally devoted to
perishable agricultural commodities.
(b) Submission of Results.--Not later than 18 months after the date
of the enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report on the results of the evaluation.
SEC. 10102. QUALITY REQUIREMENTS FOR CLEMENTINES.
Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 608e-
1(a)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended in the matter preceding the first
proviso in the first sentence by inserting ``clementines,'' after
``nectarines,''.
SEC. 10103. INCLUSION OF SPECIALTY CROPS IN CENSUS OF AGRICULTURE.
Section 2(a) of the Census of Agriculture Act of 1997 (7 U.S.C.
2204g(a)) is amended--
(1) by striking ``In 1998'' and inserting the following:
``(1) In general.--In 1998''; and
(2) by adding at the end the following:
``(2) Inclusion of specialty crops.--Effective beginning with
the census of agriculture required to be conducted in 2008, the
Secretary shall conduct as part of each census of agriculture a
census of specialty crops (as that term is defined in section 3 of
the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621
note; Public Law 108-465)).''.
SEC. 10104. MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION.
(a) Regions and Members.--Section 1925(b)(2) of the Mushroom
Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C.
6104(b)(2)) is amended--
(1) in subparagraph (B), by striking ``4 regions'' and
inserting ``3 regions'';
(2) in subparagraph (D), by striking ``35,000,000 pounds'' and
inserting ``50,000,000 pounds''; and
(3) by striking subparagraph (E) and inserting the following:
``(E) Additional members.--In addition to the members
appointed pursuant to paragraph (1), and subject to the 9-
member limit of members on the Council provided in that
paragraph, the Secretary shall appoint additional members to
the council from a region that attains additional pounds of
production as follows:
``(i) If the annual production of a region is greater
than 110,000,000 pounds, but less than or equal to
180,000,000 pounds, the region shall be represented by 1
additional member.
``(ii) If the annual production of a region is greater
than 180,000,000 pounds, but less than or equal to
260,000,000 pounds, the region shall be represented by 2
additional members.
``(iii) If the annual production of a region is greater
than 260,000,000 pounds, the region shall be represented by
3 additional members.''.
(b) Powers and Duties of Council.--Section 1925(c) of the Mushroom
Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C.
6104(c)) is amended--
(1) by redesignating paragraphs (6), (7), and (8) as paragraphs
(7), (8), and (9), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) to develop and propose to the Secretary programs for good
agricultural and good handling practices and related activities for
mushrooms;''.
SEC. 10105. FOOD SAFETY EDUCATION INITIATIVES.
(a) Initiative Authorized.--The Secretary may carry out a food
safety education program to educate the public and persons in the fresh
produce industry about--
(1) scientifically proven practices for reducing microbial
pathogens on fresh produce; and
(2) methods of reducing the threat of cross-contamination of
fresh produce through sanitary handling practices.
(b) Cooperation.--The Secretary may carry out the education program
in cooperation with public and private partners.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $1,000,000 for
each of fiscal years 2008 through 2012, to remain available until
expended.
SEC. 10106. FARMERS' MARKET PROMOTION PROGRAM.
Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7
U.S.C. 3005) is amended--
(1) in subsection (a), by inserting ``and to promote direct
producer-to-consumer marketing'' before the period at the end;
(2) in subsection (b)(1)--
(A) in subparagraph (A), by inserting ``agri-tourism
activities,'' after ``programs,''; and
(B) in subparagraph (B)--
(i) by inserting ``agri-tourism activities,'' after
``programs,'' and
(ii) by striking ``infrastructure'' and inserting
``marketing opportunities'';
(3) in subsection (c)(1), by inserting ``or a producer network
or association'' after ``cooperative''; and
(4) by striking subsection (e) and inserting the following:
``(e) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section--
``(A) $3,000,000 for fiscal year 2008;
``(B) $5,000,000 for each of fiscal years 2009 through
2010; and
``(C) $10,000,000 for each of fiscal years 2011 and 2012.
``(2) Use of funds.--Not less than 10 percent of the funds used
to carry out this section in a fiscal year under paragraph (1)
shall be used to support the use of electronic benefits transfers
for Federal nutrition programs at farmers' markets.
``(3) Interdepartmental coordination.--In carrying out this
subsection, the Secretary shall ensure coordination between the
various agencies to the maximum extent practicable.
``(4) Limitation.--Funds described in paragraph (2)--
``(A) may not be used for the ongoing cost of carrying out
any project; and
``(B) shall only be provided to eligible entities that
demonstrate a plan to continue to provide EBT card access at 1
or more farmers' markets following the receipt of the grant.''.
SEC. 10107. SPECIALTY CROPS MARKET NEWS ALLOCATION.
(a) In General.--The Secretary shall--
(1) carry out market news activities to provide timely price
and shipment information of specialty crops in the United States;
and
(2) use funds made available under subsection (b) to increase
the reporting levels for specialty crops in effect on the date of
enactment of this Act.
(b) Authorization of Appropriations.--In addition to any other
funds made available through annual appropriations for market news
services, there is authorized to be appropriated to carry out this
section $9,000,000 for each of fiscal years 2008 through 2012, to
remain available until expended.
SEC. 10108. EXPEDITED MARKETING ORDER FOR HASS AVOCADOS FOR GRADES AND
STANDARDS AND OTHER PURPOSES.
(a) In General.--The Secretary shall initiate procedures under the
Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937, to
determine whether it would be appropriate to establish a Federal
marketing order for Hass avocados relating to grades and standards and
for other purposes under that Act.
(b) Expedited Procedures.--
(1) Proposal for an order.--An organization of domestic avocado
producers in existence on the date of enactment of this Act may
request the issuance of, and submit to the Secretary a proposal
for, an order described in subsection (a).
(2) Publication of proposal.--Not later than 60 days after the
date on which the Secretary receives a proposed order under
paragraph (1), the Secretary shall initiate procedures described in
subsection (a) to determine whether the proposed order should
proceed.
(c) Effective Date.--Any order issued under this section shall
become effective not later than 15 months after the date on which the
Secretary initiates procedures under the Agricultural Adjustment Act (7
U.S.C. 601 et seq.), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937.
SEC. 10109. SPECIALTY CROP BLOCK GRANTS.
(a) Definition of Specialty Crop.--Section 3(1) of the Specialty
Crops Competitiveness Act of 2004 (Public Law 108-465; 7 U.S.C. 1621
note) is amended by inserting ``horticulture and'' before ``nursery''.
(b) 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''.
(c) Specialty Crop Block Grants.--Section 101 of the Specialty
Crops Competitiveness Act of 2004 (Public Law 108-465; 7 U.S.C. 1621
note) is amended--
(1) in subsection (a)--
(A) by striking ``Subject to the appropriation of funds to
carry out this section'' and inserting ``Using the funds made
available under subsection (j)''; and
(B) by striking ``2009'' and inserting ``2012'';
(2) in subsection (b), by striking ``appropriated pursuant to
the authorization of appropriations in subsection (i)'' and
inserting ``made available under subsection (j)'';
(3) by striking subsection (c) and inserting the following:
``(c) Minimum Grant Amount.--Notwithstanding subsection (b), each
State shall receive a grant under this section for each fiscal year in
an amount that is at least equal to the higher of--
``(1) $100,000; or
``(2) \1/3\ of 1 percent of the total amount of funding made
available to carry out this section for the fiscal year.''; and
(4) by striking subsection (i) and inserting the following:
``(i) Reallocation.--
``(1) In general.--The Secretary shall reallocate to other
States in accordance with paragraph (2) any amounts made available
for a fiscal year under this section that are not obligated or
expended by a date during that fiscal year determined by the
Secretary.
``(2) Pro rata allocation.--The Secretary shall allocate funds
described in paragraph (1) pro rata to the remaining States that
applied during the specified grant application period.
``(3) Use of reallocated funds.--Funds allocated to a State
under this subsection shall be used by the State only to carry out
projects that were previously approved in the State plan of the
State.
``(j) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary of Agriculture shall make grants under this section,
using--
``(1) $10,000,000 for fiscal year 2008;
``(2) $49,000,000 for fiscal year 2009; and
``(3) $55,000,000 for each of fiscal years 2010 through
2012.''.
Subtitle B--Pest and Disease Management
SEC. 10201. PLANT PEST AND DISEASE MANAGEMENT AND DISASTER PREVENTION.
(a) In General.--Subtitle A of the Plant Protection Act (7 U.S.C.
7711 et seq.) is amended by adding at the end the following:
``SEC. 420. PLANT PEST AND DISEASE MANAGEMENT AND DISASTER
PREVENTION.
``(a) Definitions.--In this section:
``(1) Early plant pest detection and surveillance.--The term
`early plant pest detection and surveillance' means the full range
of activities undertaken to find newly introduced plant pests,
whether the plant pests are new to the United States or new to
certain areas of the United States, before--
``(A) the plant pests become established; or
``(B) the plant pest infestations become too large and
costly to eradicate or control.
``(2) Specialty crop.--The term `specialty crop' has the
meaning given the term in section 3 of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108-
465).
``(3) State department of agriculture.--The term `State
department of agriculture' means an agency of a State that has a
legal responsibility to perform early plant pest detection and
surveillance activities.
``(b) Early Plant Pest Detection and Surveillance Improvement
Program.--
``(1) Cooperative agreements.--The Secretary shall enter into a
cooperative agreement with each State department of agriculture
that agrees to conduct early plant pest detection and surveillance
activities.
``(2) Consultation.--In carrying out this subsection, the
Secretary shall consult with--
``(A) the National Plant Board; and
``(B) other interested parties.
``(3) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to consultations
under this subsection.
``(4) Application.--
``(A) In general.--A State department of agriculture
seeking to enter into a cooperative agreement under this
subsection shall submit to the Secretary an application
containing such information as the Secretary may require.
``(B) Notification.--The Secretary shall notify applicants
of--
``(i) the requirements to be imposed on a State
department of agriculture for auditing of, and reporting
on, the use of any funds provided by the Secretary under
the cooperative agreement;
``(ii) the criteria to be used to ensure that early
pest detection and surveillance activities supported under
the cooperative agreement are based on sound scientific
data or thorough risk assessments; and
``(iii) the means of identifying pathways of pest
introductions.
``(5) Use of funds.--
``(A) Plant pest detection and surveillance activities.--A
State department of agriculture that receives funds under this
subsection shall use the funds to carry out early plant pest
detection and surveillance activities approved by the Secretary
to prevent the introduction or spread of a plant pest.
``(B) Subagreements.--Nothing in this subsection prevents a
State department of agriculture from using funds received under
paragraph (4) to enter into subagreements with political
subdivisions of the State that have legal responsibilities
relating to agricultural plant pest and disease surveillance.
``(C) Non-federal share.--The non-Federal share of the cost
of carrying out a cooperative agreement under this section may
be provided in-kind, including through provision of such
indirect costs of the cooperative agreement as the Secretary
considers to be appropriate.
``(D) Ability to provide funds.--The Secretary shall not
take the ability to provide non-Federal costs to carry out a
cooperative agreement entered into under subparagraph (A) into
consideration when deciding whether to enter into a cooperative
agreement with a State department of agriculture.
``(6) Special funding considerations.--The Secretary shall
provide funds to a State department of agriculture if the Secretary
determines that--
``(A) the State department of agriculture is in a State
that has a high risk of being affected by 1 or more plant pests
or diseases, taking into consideration--
``(i) the number of international ports of entry in the
State;
``(ii) the volume of international passenger and cargo
entry into the State;
``(iii) the geographic location of the State and if the
location or types of agricultural commodities produced in
the State are conducive to agricultural pest and disease
establishment due to the climate, crop diversity, or
natural resources (including unique plant species) of the
State; and
``(iv) whether the Secretary has determined that an
agricultural pest or disease in the State is a Federal
concern ; and
``(B) the early plant pest detection and surveillance
activities supported with the funds will likely--
``(i) prevent the introduction and establishment of
plant pests; and
``(ii) provide a comprehensive approach to compliment
Federal detection efforts.
``(7) Reporting requirement.--Not later than 90 days after the
date of completion of an early plant pest detection and
surveillance activity conducted by a State department of
agriculture using funds provided under this section, the State
department of agriculture shall submit to the Secretary a report
that describes the purposes and results of the activities.
``(c) Threat Identification and Mitigation Program.--
``(1) Establishment.--The Secretary shall establish a threat
identification and mitigation program to determine and address
threats to the domestic production of crops.
``(2) Requirements.--In conducting the program established
under paragraph (1), the Secretary shall--
``(A) develop risk assessments of the potential threat to
the agricultural industry of the United States from foreign
sources;
``(B) collaborate with the National Plant Board; and
``(C) implement action plans for high consequence plant
pest and diseases to assist in preventing the introduction and
widespread dissemination of new plant pest and disease threats
in the United States.
``(3) Reports.--Not later than 1 year after the date of
enactment of this paragraph, and annually thereafter, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report on the action plans described in
paragraph (2), including an accounting of funds expended on the
action plans.
``(d) Specialty Crop Certification and Risk Management Systems.--
The Secretary shall provide funds and technical assistance to specialty
crop growers, organizations representing specialty crop growers, and
State and local agencies working with specialty crop growers and
organizations for the development and implementation of--
``(1) audit-based certification systems, such as best
management practices--
``(A) to address plant pests; and
``(B) to mitigate the risk of plant pests in the movement
of plants and plant products; and
``(2) nursery plant pest risk management systems, in
collaboration with the nursery industry, research institutions, and
other appropriate entities--
``(A) to enable growers to identify and prioritize nursery
plant pests and diseases of regulatory significance;
``(B) to prevent the introduction, establishment, and
spread of those plant pests and diseases; and
``(C) to reduce the risk of and mitigate those plant pests
and diseases.
``(e) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall make available to carry out this section--
``(1) $12,000,000 for fiscal year 2009;
``(2) $45,000,000 for fiscal year 2010;
``(3) $50,000,000 for fiscal year 2011; and
``(4) $50,000,000 for fiscal year 2012 and each fiscal year
thereafter.''.
(b) Congressional Disapproval.--Congress disapproves the rule
submitted by the Secretary of Agriculture relating to cost-sharing for
animal and plant health emergency programs (68 Fed. Reg. 40541 (2003)),
and such rule shall have no force or effect.
SEC. 10202. NATIONAL CLEAN PLANT NETWORK.
(a) In General.--The Secretary shall establish a program to be
known as the ``National Clean Plant Network'' (referred to in this
section as the ``Program'').
(b) Requirements.--Under the Program, the Secretary shall establish
a network of clean plant centers for diagnostic and pathogen
elimination services to--
(1) produce clean propagative plant material; and
(2) maintain blocks of pathogen-tested plant material in sites
located throughout the United States.
(c) Availability of Clean Plant Source Material.--Clean plant
source material may be made available to--
(1) a State for a certified plant program of the State; and
(2) private nurseries and producers.
(d) Consultation and Collaboration.--In carrying out the Program,
the Secretary shall--
(1) consult with State departments of agriculture, land grant
universities, and NLGCA Institutions (as defined in section 1404 of
the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103)); and
(2) to the extent practicable and with input from the
appropriate State officials and industry representatives, use
existing Federal or State facilities to serve as clean plant
centers.
(e) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary shall use to carry out the Program $5,000,000 for each of
fiscal years 2009 through 2012, to remain available until expended.
SEC. 10203. PLANT PROTECTION.
(a) Review of Payment of Compensation.--Section 415(e) of the Plant
Protection Act (7 U.S.C. 7715(e)) is amended in the second sentence by
striking ``of longer than 60 days''.
(b) Secretarial Discretion.--Section 442(c) of the Plant Protection
Act (7 U.S.C. 7772(c)) is amended by striking ``of longer than 60
days''.
(c) Subpoena Authority.--Section 423 of the Plant Protection Act (7
U.S.C. 7733) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Authority to Issue.--The Secretary shall have the power to
subpoena the attendance and testimony of any witness, the production of
all evidence (including books, papers, documents, electronically stored
information, and other tangible things that constitute or contain
evidence), or to require the person to whom the subpoena is directed to
permit the inspection of premises relating to the administration or
enforcement of this title or any matter under investigation in
connection with this title.'';
(2) in subsection (b), by striking ``documentary''; and
(3) in subsection (c)--
(A) in the first sentence, by striking ``testimony of any
witness and the production of documentary evidence'' and
inserting ``testimony of any witness, the production of
evidence, or the inspection of premises''; and
(B) in the second sentence, by striking ``question or to
produce documentary evidence'' and inserting ``question,
produce evidence, or permit the inspection of premises''.
(d) Willful Violations.--Section 424(b)(1)(A) of the Plant
Protection Act (7 U.S.C. 7734(b)(1)(A)) is amended by striking ``and
$500,000 for all violations adjudicated in a single proceeding'' and
inserting ``$500,000 for all violations adjudicated in a single
proceeding if the violations do not include a willful violation, and
$1,000,000 for all violations adjudicated in a single proceeding if the
violations include a willful violation''.
SEC. 10204. REGULATIONS TO IMPROVE MANAGEMENT AND OVERSIGHT OF CERTAIN
REGULATED ARTICLES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall--
(1) take action on each issue identified in the document
entitled ``Lessons Learned and Revisions under Consideration for
APHIS' Biotechnology Framework'', dated October 4, 2007; and
(2) as the Secretary considers appropriate, promulgate
regulations to improve the management and oversight of articles
regulated under the Plant Protection Act (7 U.S.C. 7701 et seq.).
(b) Inclusions.--In carrying out subsection (a), the Secretary
shall take actions that are designed to enhance--
(1) the quality and completeness of records;
(2) the availability of representative samples;
(3) the maintenance of identity and control in the event of an
unauthorized release;
(4) corrective actions in the event of an unauthorized release;
(5) protocols for conducting molecular forensics;
(6) clarity in contractual agreements;
(7) the use of the latest scientific techniques for isolation
and confinement distances;
(8) standards for quality management systems and effective
research; and
(9) the design of electronic permits to store documents and
other information relating to the permit and notification
processes.
(c) Consideration.--In carrying out subsection (a), the Secretary
shall consider--
(1) establishing--
(A) a system of risk-based categories to classify each
regulated article;
(B) a means to identify regulated articles (including the
retention of seed samples); and
(C) standards for isolation and containment distances; and
(2) requiring permit holders--
(A) to maintain a positive chain of custody;
(B) to provide for the maintenance of records;
(C) to provide for the accounting of material;
(D) to conduct periodic audits;
(E) to establish an appropriate training program;
(F) to provide contingency and corrective action plans; and
(G) to submit reports as the Secretary considers to be
appropriate.
SEC. 10205. PEST AND DISEASE REVOLVING LOAN FUND.
(a) Definitions.--In this section:
(1) Authorized equipment.--
(A) In general.--The term ``authorized equipment'' means
any equipment necessary for the management of forest land.
(B) Inclusions.--The term ``authorized equipment''
includes--
(i) cherry pickers;
(ii) equipment necessary for--
(I) the construction of staging and marshalling
areas;
(II) the planting of trees; and
(III) the surveying of forest land;
(iii) vehicles capable of transporting harvested trees;
(iv) wood chippers; and
(v) any other appropriate equipment, as determined by
the Secretary.
(2) Fund.--The term ``Fund'' means the Pest and Disease
Revolving Loan Fund established by subsection (b).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Deputy Chief of the State and
Private Forestry organization.
(b) Establishment of Fund.--There is established in the Treasury of
the United States a revolving fund, to be known as the ``Pest and
Disease Revolving Loan Fund'', consisting of such amounts as are
appropriated to the Fund under subsection (f).
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by the
Secretary, the Secretary of the Treasury shall transfer from the
Fund to the Secretary such amounts as the Secretary determines are
necessary to provide loans under subsection (e).
(2) Administrative expenses.--An amount not exceeding 10
percent of the amounts in the Fund shall be available for each
fiscal year to pay the administrative expenses necessary to carry
out this section.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to the
Fund under this section shall be transferred at least monthly from
the general fund of the Treasury to the Fund on the basis of
estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
(e) Uses of Fund.--
(1) Loans.--
(A) In general.--The Secretary shall use amounts in the
Fund to provide loans to eligible units of local government to
finance purchases of authorized equipment to monitor, remove,
dispose of, and replace infested trees that are located--
(i) on land under the jurisdiction of the eligible
units of local government; and
(ii) within the borders of quarantine areas infested by
plant pests.
(B) Maximum amount.--The maximum amount of a loan that may
be provided by the Secretary to an eligible unit of local
government under this subsection shall be the lesser of--
(i) the amount that the eligible unit of local
government has appropriated to finance purchases of
authorized equipment in accordance with subparagraph (A);
or
(ii) $5,000,000.
(C) Interest rate.--The interest rate on any loan made by
the Secretary under this paragraph shall be a rate equal to 2
percent.
(D) Report.--Not later than 180 days after the date on
which an eligible unit of local government receives a loan
provided by the Secretary under subparagraph (A), the eligible
unit of local government shall submit to the Secretary a report
that describes each purchase made by the eligible unit of local
government using assistance provided through the loan.
(2) Loan repayment schedule.--
(A) In general.--To be eligible to receive a loan from the
Secretary under paragraph (1), in accordance with each
requirement described in subparagraph (B), an eligible unit of
local government shall enter into an agreement with the
Secretary to establish a loan repayment schedule relating to
the repayment of the loan.
(B) Requirements relating to loan repayment schedule.--A
loan repayment schedule established under subparagraph (A)
shall require the eligible unit of local government--
(i) to repay to the Secretary of the Treasury, not
later than 1 year after the date on which the eligible unit
of local government receives a loan under paragraph (1),
and semiannually thereafter, an amount equal to the
quotient obtained by dividing--
(I) the principal amount of the loan (including
interest); by
(II) the total quantity of payments that the
eligible unit of local government is required to make
during the repayment period of the loan; and
(ii) not later than 20 years after the date on which
the eligible unit of local government receives a loan under
paragraph (1), to complete repayment to the Secretary of
the Treasury of the loan made under this section (including
interest).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as are necessary to carry out this
section.
SEC. 10206. COOPERATIVE AGREEMENTS RELATING TO PLANT PEST AND DISEASE
PREVENTION ACTIVITIES.
Section 431 of the Plant Protection Act (7 U.S.C. 7751) is amended
by adding at the end the following:
``(f) Transfer of Cooperative Agreement Fund.--
``(1) In general.--A State may provide to a unit of local
government in the State described in paragraph (2) any cost-sharing
assistance or financing mechanism provided to the State under a
cooperative agreement entered into under this Act between the
Secretary and the State relating to the eradication, prevention,
control, or suppression of plant pests.
``(2) Requirements.--To be eligible for assistance or financing
under paragraph (1), a unit of local government shall be--
``(A) engaged in any activity relating to the eradication,
prevention, control, or suppression of the plant pest
infestation covered under the cooperative agreement between the
Secretary and the State; and
``(B) capable of documenting each plant pest infestation
eradication, prevention, control, or suppression activity
generally carried out by--
``(i) the Department of Agriculture; or
``(ii) the State department of agriculture that has
jurisdiction over the unit of local government.''.
Subtitle C--Organic Agriculture
SEC. 10301. NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM.
Section 10606 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 6523) is amended--
(1) in subsection (a), by striking ``$5,000,000 for fiscal year
2002'' and inserting ``$22,000,000 for fiscal year 2008'';
(2) in subsection (b)(2), by striking ``$500'' and inserting
``$750''; and
(3) by adding at the end the following:
``(c) Reporting.--Not later than March 1 of each year, the
Secretary shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes the requests by,
disbursements to, and expenditures for each State under the program
during the current and previous fiscal year, including the number of
producers and handlers served by the program in the previous fiscal
year.''.
SEC. 10302. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES.
Section 7407 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 5925c) is amended to read as follows:
``SEC. 7407. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES.
``(a) In General.--The Secretary shall collect and report data on
the production and marketing of organic agricultural products.
``(b) Requirements.--In carrying out subsection (a), the Secretary
shall, at a minimum--
``(1) collect and distribute comprehensive reporting of prices
relating to organically produced agricultural products;
``(2) conduct surveys and analysis and publish reports relating
to organic production, handling, distribution, retail, and trend
studies (including consumer purchasing patterns); and
``(3) develop surveys and report statistical analysis on
organically produced agricultural products.
``(c) Report.--Not later than 180 days after the date of enactment
of this subsection, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that--
``(1) describes the progress that has been made in implementing
this section; and
``(2) identifies any additional production and marketing data
needs.
``(d) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$5,000,000, to remain available until expended.
``(2) Additional funding.--In addition to funds made available
under paragraph (1), there are authorized to be appropriated to
carry out this section not more than $5,000,000 for each of fiscal
years 2008 through 2012, to remain available until expended.''.
SEC. 10303. NATIONAL ORGANIC PROGRAM.
Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C.
6522) is amended--
(1) by striking ``There are'' and inserting the following:
``(a) In General.--There are''; and
(2) by adding at the end the following:
``(b) National Organic Program.--Notwithstanding any other
provision of law, in order to carry out activities under the national
organic program established under this title, there are authorized to
be appropriated--
``(1) $5,000,000 for fiscal year 2008;
``(2) $6,500,000 for fiscal year 2009;
``(3) $8,000,000 for fiscal year 2010;
``(4) $9,500,000 for fiscal year 2011;
``(5) $11,000,000 for fiscal year 2012; and
``(6) in addition to those amounts, such additional sums as are
necessary for fiscal year 2009 and each fiscal year thereafter.''.
Subtitle D--Miscellaneous
SEC. 10401. NATIONAL HONEY BOARD.
Section 7(c) of the Honey Research, Promotion, and Consumer
Information Act (7 U.S.C. 4606(c)) is amended by adding at the end the
following:
``(12) Referendum requirement.--
``(A) Definition of existing honey board.--The term
`existing Honey Board' means the Honey Board in effect on the
date of enactment of this paragraph.
``(B) Conduct of referenda.--Notwithstanding any other
provision of law, subject to subparagraph (C), the order
providing for the establishment and operation of the existing
Honey Board shall continue in force, until the Secretary first
conducts, at the earliest practicable date, but not later than
180 days after the date of enactment of this paragraph,
referenda on orders to establish a honey packer-importer board
or a United States honey producer board.
``(C) Requirements.--In conducting referenda under
subparagraph (B), and in exercising fiduciary responsibilities
in any transition to any 1 or more successor boards, the
Secretary shall--
``(i) conduct a referendum of eligible United States
honey producers for the establishment of a marketing board
solely for United States honey producers;
``(ii) conduct a referendum of eligible packers,
importers, and handlers of honey for the establishment of a
marketing board for packers, importers, and handlers of
honey;
``(iii) notwithstanding the timing of the referenda
required under clauses (i) and (ii) or of the establishment
of any 1 or more successor boards pursuant to those
referenda, ensure that the rights and interests of honey
producers, importers, packers, and handlers of honey are
equitably protected in any disposition of the assets,
facilities, intellectual property, and programs of the
existing Honey Board and in the transition to any 1 or more
new successor marketing boards;
``(iv) ensure that the existing Honey Board continues
in operation until such time as the Secretary determines
that--
``(I) any 1 or more successor boards, if approved,
are operational; and
``(II) the interests of producers, importers,
packers, and handlers of honey can be equitably
protected during any remaining period in which a
referendum on a successor board or the establishment of
such a board is pending; and
``(v) discontinue collection of assessments under the
order establishing the existing Honey Board on the date the
Secretary requires that collections commence pursuant to an
order approved in a referendum by eligible producers or
processors and importers of honey.
``(D) Honey board referendum.--If 1 or more orders are
approved pursuant to paragraph (C)--
``(i) the Secretary shall not be required to conduct a
continuation referendum on the order in existence on the
date of enactment of this paragraph; and
``(ii) that order shall be terminated pursuant to the
provisions of the order.''.
SEC. 10402. IDENTIFICATION OF HONEY.
(a) In General.--Section 203(h) of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1622(h)) is amended--
(1) by designating the first through sixth sentences as
paragraphs (1), (2)(A), (2)(B), (3), (4), and (5), respectively;
and
(2) by adding at the end the following:
``(6) Identification of honey.--
``(A) In general.--The use of a label or advertising
material on, or in conjunction with, packaged honey that bears
any official certificate of quality, grade mark or statement,
continuous inspection mark or statement, sampling mark or
statement, or any combination of the certificates, marks, or
statements of the Department of Agriculture is hereby
prohibited under this Act unless there appears legibly and
permanently in close proximity (such as on the same side(s) or
surface(s)) to the certificate, mark, or statement, and in at
least a comparable size, the 1 or more names of the 1 or more
countries of origin of the lot or container of honey, preceded
by the words `Product of' or other words of similar meaning.
``(B) Violation.--A violation of the requirements of
subparagraph (A) may be deemed by the Secretary to be
sufficient cause for debarment from the benefits of this Act
only with respect to honey.''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on the date that is 1 year after the date of enactment of this
Act.
SEC. 10403. GRANT PROGRAM TO IMPROVE MOVEMENT OF SPECIALTY CROPS.
(a) Grants Authorized.--The Secretary may make grants under this
section to an eligible entity described in subsection (b)--
(1) to improve the cost-effective movement of specialty crops
to local, regional, national, and international markets; and
(2) to address regional intermodal transportation deficiencies
that adversely affect the movement of specialty crops to markets
inside or outside the United States.
(b) Eligible Grant Recipients.--Grants may be made under this
section to any of, or any combination of:
(1) State and local governments.
(2) Grower cooperatives.
(3) National, State, or regional organizations of producers,
shippers, or carriers.
(4) Other entities as determined to be appropriate by the
Secretary.
(c) Matching Funds.--The recipient of a grant under this section
shall contribute an amount of non-Federal funds toward the project for
which the grant is provided that is at least equal to the amount of
grant funds received by the recipient under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2008 through 2012.
SEC. 10404. MARKET LOSS ASSISTANCE FOR ASPARAGUS PRODUCERS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall make payments to producers of the 2007
crop of asparagus for market loss resulting from imports during the
2004 through 2007 crop years.
(b) Payment Rate.--The payment rate for a payment under this
section shall be based on the reduction in revenue received by
asparagus producers associated with imports during the 2004 through
2007 crop years.
(c) Payment Quantity.--The payment quantity for asparagus for which
the producers on a farm are eligible for payments under this section
shall be equal to the average quantity of the 2003 crop of asparagus
produced by producers on the farm.
(d) Funding.--
(1) In general.--Subject to paragraph (2), the Secretary shall
make available $15,000,000 of the funds of the Commodity Credit
Corporation to carry out a program to provide market loss payments
to producers of asparagus under this section.
(2) Allocation.--Of the amount made available under paragraph
(1), the Secretary shall use--
(A) $7,500,000 to make payments to producers of asparagus
for the fresh market; and
(B) $7,500,000 to make payments to producers of asparagus
for the processed or frozen market.
TITLE XI--LIVESTOCK
SEC. 11001. LIVESTOCK MANDATORY REPORTING.
(a) Web Site Improvements and User Education.--
(1) In general.--Section 251(g) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1636(g)) is amended to read as follows:
``(g) Electronic Reporting and Publishing.--
``(1) In general.--The Secretary shall, to the maximum extent
practicable, provide for the reporting and publishing of the
information required under this subtitle by electronic means.
``(2) Improvements and education.--
``(A) Enhanced electronic publishing.--The Secretary shall
develop and implement an enhanced system of electronic
publishing to disseminate information collected pursuant to
this subtitle. Such system shall--
``(i) present information in a format that can be
readily understood by producers, packers, and other market
participants;
``(ii) adhere to the publication deadlines in this
subtitle;
``(iii) present information in charts and graphs, as
appropriate;
``(iv) present comparative information for prior
reporting periods, as the Secretary considers appropriate;
and
``(v) be updated as soon as practicable after
information is reported to the Secretary.
``(B) Education.--The Secretary shall carry out a market
news education program to educate the public and persons in the
livestock and meat industries about--
``(i) usage of the system developed under subparagraph
(A); and
``(ii) interpreting and understanding information
collected and disseminated through such system.''.
(2) Applicability.--
(A) Enhanced reporting.--The Secretary of Agriculture shall
develop and implement the system required under paragraph
(2)(A) of section 251(g) of the Agricultural Marketing Act of
1946 (7 U.S.C. 1636(g)), as amended by paragraph (1), not later
than one year after the date on which the Secretary determines
sufficient funds have been appropriated pursuant to subsection
(c).
(B) Current system.--Notwithstanding the amendment made by
paragraph (1), the Secretary shall continue to use the
information format for disseminating information under subtitle
B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.) in effect on the date of the enactment of this Act at
least until the date that is two years after the date on which
the Secretary makes the determination referred to in
subparagraph (A).
(b) Study and Report.--
(1) Study.--The Secretary shall conduct a study on the effects
of requiring packer processing plants to report to the Secretary
information on wholesale pork cuts (including price and volume
information), including--
(A) the positive or negative economic effects on producers
and consumers; and
(B) the effects of a confidentiality requirement on
mandatory reporting.
(2) Information.--During the period preceding the submission of
the report under paragraph (3), the Secretary may collect, and each
packer processing plant shall provide, such information as is
necessary to enable the Secretary to conduct the study required
under paragraph (1).
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on the
results of the study conducted under paragraph (1).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 11002. COUNTRY OF ORIGIN LABELING.
Subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638
et seq.) is amended--
(1) in section 281(2)(A)--
(A) in clause (v), by striking ``and'';
(B) in clause (vi), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(vii) meat produced from goats;
``(viii) chicken, in whole and in part;
``(ix) ginseng;
``(x) pecans; and
``(xi) macadamia nuts.'';
(2) in section 282--
(A) in subsection (a), by striking paragraphs (2) and (3)
and inserting the following:
``(2) Designation of country of origin for beef, lamb, pork,
chicken, and goat meat.--
``(A) United states country of origin.--A retailer of a
covered commodity that is beef, lamb, pork, chicken, or goat
meat 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 July
15, 2008, and once present in the United States, remained
continuously in the United States.
``(B) Multiple countries of origin.--
``(i) In general.--A retailer of a covered commodity
that is beef, lamb, pork, chicken, or goat meat that is
derived from an animal that is--
``(I) not exclusively born, raised, and slaughtered
in the United States,
``(II) born, raised, or slaughtered in the United
States, and
``(III) not imported into the United States for
immediate slaughter,
may designate the country of origin of such covered
commodity as all of the countries in which the animal may
have been born, raised, or slaughtered.
``(ii) Relation to general requirement.--Nothing in
this subparagraph alters the mandatory requirement to
inform consumers of the country of origin of covered
commodities under paragraph (1).
``(C) Imported for immediate slaughter.--A retailer of a
covered commodity that is beef, lamb, pork, chicken, or goat
meat that is derived from an animal that is imported into the
United States for immediate slaughter shall designate the
origin of such covered commodity as--
``(i) the country from which the animal was imported;
and
``(ii) the United States.
``(D) Foreign country of origin.--A retailer of a covered
commodity that is beef, lamb, pork, chicken, or goat meat that
is derived from an animal that is not born, raised, or
slaughtered in the United States shall designate a country
other than the United States as the country of origin of such
commodity.
``(E) Ground beef, pork, lamb, chicken, and goat.--The
notice of country of origin for ground beef, ground pork,
ground lamb, ground chicken, or ground goat shall include--
``(i) a list of all countries of origin of such ground
beef, ground pork, ground lamb, ground chicken, or ground
goat; or
``(ii) a list of all reasonably possible countries of
origin of such ground beef, ground pork, ground lamb,
ground chicken, or ground goat.
``(3) Designation of country of origin for fish.--
``(A) In general.--A retailer of a covered commodity that
is farm-raised fish or wild fish may designate the covered
commodity as having a United States country of origin only if
the covered commodity--
``(i) in the case of farm-raised fish, is hatched,
raised, harvested, and processed in the United States; and
``(ii) in the case of wild fish, is--
``(I) harvested in the United States, a territory
of the United States, or a State, or by a vessel that
is documented under chapter 121 of title 46, United
States Code, or registered in the United States; and
``(II) processed in the United States, a territory
of the United States, or a State, including the waters
thereof, or aboard a vessel that is documented under
chapter 121 of title 46, United States Code, or
registered in the United States.
``(B) Designation of wild fish and farm-raised fish.--The
notice of country of origin for wild fish and farm-raised fish
shall distinguish between wild fish and farm-raised fish.
``(4) Designation of country of origin for perishable
agricultural commodities, ginseng, peanuts, pecans, and macadamia
nuts.--
``(A) In general.--A retailer of a covered commodity that
is a perishable agricultural commodity, ginseng, peanut, pecan,
or macadamia nut 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, ginseng, peanut, pecan, or macadamia
nut 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
(B) by striking subsection (d) and inserting the following:
``(d) Audit Verification System.--
``(1) In general.--The Secretary may conduct an audit of any
person that prepares, stores, handles, or distributes a covered
commodity for retail sale to verify compliance with this subtitle
(including the regulations promulgated under section 284(b)).
``(2) Record requirements.--
``(A) In general.--A person subject to an audit under
paragraph (1) shall provide the Secretary with verification of
the country of origin of covered commodities. Records
maintained in the course of the normal conduct of the business
of such person, including animal health papers, import or
customs documents, or producer affidavits, may serve as such
verification.
``(B) Prohibition on requirement of additional records.--
The Secretary may not require a person that prepares, stores,
handles, or distributes a covered commodity to maintain a
record of the country of origin of a covered commodity other
than those maintained in the course of the normal conduct of
the business of such person.''; and
(3) in section 283--
(A) by striking subsections (a) and (c);
(B) by redesignating subsection (b) as subsection (a);
(C) in subsection (a) (as so redesignated), by striking
``retailer'' and inserting ``retailer or person engaged in the
business of supplying a covered commodity to a retailer''; and
(D) by adding at the end the following new subsection:
``(b) Fines.--If, on completion of the 30-day period described in
subsection (a)(2), the Secretary determines that the retailer or person
engaged in the business of supplying a covered commodity to a retailer
has--
``(1) not made a good faith effort to comply with section 282,
and
``(2) continues to willfully violate section 282 with respect
to the violation about which the retailer or person received
notification under subsection (a)(1),
after providing notice and an opportunity for a hearing before the
Secretary with respect to the violation, the Secretary may fine the
retailer or person in an amount of not more than $1,000 for each
violation.''.
SEC. 11003. AGRICULTURAL FAIR PRACTICES ACT OF 1967 DEFINITIONS.
Section 3 of the Agricultural Fair Practices Act of 1967 (7 U.S.C.
2302) is amended--
(1) by striking ``When used in this Act--'' and inserting ``In
this Act:'';
(2) in subsection (a)--
(A) by redesignating paragraphs (1) through (4) as clauses
(i) through (iv), respectively; and
(B) in clause (iv) (as so redesignated), by striking
``clause (1), (2), or (3) of this paragraph'' and inserting
``clause (i), (ii), or (iii)'';
(3) by striking subsection (d);
(4) by redesignating subsections (a), (b), (c), and (e) as
paragraphs (3), (4), (2), (1), respectively, indenting
appropriately, and moving those paragraphs so as to appear in
numerical order;
(5) in each paragraph (as so redesignated) that does not have a
heading, by inserting a heading, in the same style as the heading
in the amendment made by paragraph (6), the text of which is
comprised of the term defined in the paragraph;
(6) in paragraph (2) (as so redesignated)--
(A) by striking ``The term `association of producers'
means'' and inserting the following:
``(2) Association of producers.--
``(A) In general.--The term `association of producers'
means''; and
(B) by adding at the end the following:
``(B) Inclusion.--The term `association of producers'
includes an organization whose membership is exclusively
limited to agricultural producers and dedicated to promoting
the common interest and general welfare of producers of
agricultural products.''; and
(7) in paragraph (3) (as so redesignated)--
(A) by striking ``The term'' and inserting the following:
``(3) Handler.--
``(A) In general.--The term''; and
(B) by inserting after clause (iv) of subparagraph (A) (as
redesignated by subparagraph (A) and paragraph (2)) the
following:
``(B) Exclusion.--The term `handler' does not include a
person, other than a packer (as defined in section 201 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 191)), that provides
custom feeding services for a producer.''.
SEC. 11004. ANNUAL REPORT.
(a) In General.--The Packers and Stockyards Act, 1921, is amended--
(1) by redesignating section 416 (7 U.S.C. 229) as section 417;
and
(2) by inserting after section 415 (7 U.S.C. 228d) the
following:
``SEC. 416. ANNUAL REPORT.
``(a) In General.--Not later than March 1 of each year, the
Secretary shall submit to Congress and make publicly available a report
that--
``(1) states, for the preceding year, separately for livestock
and poultry and separately by enforcement area category (financial,
trade practice, or competitive acts and practices), with respect to
investigations into possible violations of this Act--
``(A) the number of investigations opened;
``(B) the number of investigations that were closed or
settled without a referral to the General Counsel of the
Department of Agriculture;
``(C) for investigations described in subparagraph (B), the
length of time from initiation of the investigation to when the
investigation was closed or settled without the filing of an
enforcement complaint;
``(D) the number of investigations that resulted in
referral to the General Counsel of the Department of
Agriculture for further action, the number of such referrals
resolved without administrative enforcement action, and the
number of enforcement actions filed by the General Counsel;
``(E) for referrals to the General Counsel that resulted in
an administrative enforcement action being filed, the length of
time from the referral to the filing of the administrative
action;
``(F) for referrals to the General Counsel that resulted in
an administrative enforcement action being filed, the length of
time from filing to resolution of the administrative
enforcement action;
``(G) the number of investigations that resulted in
referral to the Department of Justice for further action, and
the number of civil enforcement actions filed by the Department
of Justice on behalf of the Secretary pursuant to such a
referral;
``(H) for referrals that resulted in a civil enforcement
action being filed by the Department of Justice, the length of
time from the referral to the filing of the enforcement action;
``(I) for referrals that resulted in a civil enforcement
action being filed by the Department of Justice, the length of
time from the filing of the enforcement action to resolution;
and
``(J) the average civil penalty imposed in administrative
or civil enforcement actions for violations of this Act, and
the total amount of civil penalties imposed in all such
enforcement actions; and
``(2) includes any other additional information the Secretary
considers important to include in the annual report.
``(b) Format of Information Provided.--For subparagraphs (C), (E),
(F), and (H) of subsection (a)(1), the Secretary may, if appropriate
due to the number of complaints for a given category, provide summary
statistics (including range, maximum, minimum, mean, and average times)
and graphical representations.''.
(b) Sunset.--Effective September 30, 2012, section 416 of the
Packers and Stockyards Act, 1921, as added by subsection (a)(2), is
repealed.
SEC. 11005. PRODUCTION CONTRACTS.
Title II of the Packers and Stockyards Act, 1921 (7 U.S.C. 198 et
seq.) is amended by adding at the end the following:
``SEC. 208. PRODUCTION CONTRACTS.
``(a) Right of Contract Producers to Cancel Production Contracts.--
``(1) In general.--A poultry grower or swine production
contract grower may cancel a poultry growing arrangement or swine
production contract by mailing a cancellation notice to the live
poultry dealer or swine contractor not later than the later of--
``(A) the date that is 3 business days after the date on
which the poultry growing arrangement or swine production
contract is executed; or
``(B) any cancellation date specified in the poultry
growing arrangement or swine production contract.
``(2) Disclosure.--A poultry growing arrangement or swine
production contract shall clearly disclose--
``(A) the right of the poultry grower or swine production
contract grower to cancel the poultry growing arrangement or
swine production contract;
``(B) the method by which the poultry grower or swine
production contract grower may cancel the poultry growing
arrangement or swine production contract; and
``(C) the deadline for canceling the poultry growing
arrangement or swine production contract.
``(b) Required Disclosure of Additional Capital Investments in
Production Contracts.--
``(1) In general.--A poultry growing arrangement or swine
production contract shall contain on the first page a statement
identified as `Additional Capital Investments Disclosure
Statement', which shall conspicuously state that additional large
capital investments may be required of the poultry grower or swine
production contract grower during the term of the poultry growing
arrangement or swine production contract.
``(2) Application.--Paragraph (1) shall apply to any poultry
growing arrangement or swine production contract entered into,
amended, altered, modified, renewed, or extended after the date of
the enactment of this section.
``SEC. 209. CHOICE OF LAW AND VENUE.
``(a) Location of Forum.--The forum for resolving any dispute among
the parties to a poultry growing arrangement or swine production or
marketing contract that arises out of the arrangement or contract shall
be located in the Federal judicial district in which the principle part
of the performance takes place under the arrangement or contract.
``(b) Choice of Law.--A poultry growing arrangement or swine
production or marketing contract may specify which State's law is to
apply to issues governed by State law in any dispute arising out of the
arrangement or contract, except to the extent that doing so is
prohibited by the law of the State in which the principal part of the
performance takes place under the arrangement or contract.
``SEC. 210. ARBITRATION.
``(a) In General.--Any livestock or poultry contract that contains
a provision requiring the use of arbitration to resolve any controversy
that may arise under the contract shall contain a provision that allows
a producer or grower, prior to entering the contract to decline to be
bound by the arbitration provision.
``(b) Disclosure.--Any livestock or poultry contract that contains
a provision requiring the use of arbitration shall contain terms that
conspicuously disclose the right of the contract producer or grower,
prior to entering the contract, to decline the requirement to use
arbitration to resolve any controversy that may arise under the
livestock or poultry contract.
``(c) Dispute Resolution.--Any contract producer or grower that
declines a requirement of arbitration pursuant to subsection (b) has
the right, to nonetheless seek to resolve any controversy that may
arise under the livestock or poultry contract, if, after the
controversy arises, both parties consent in writing to use arbitration
to settle the controversy.
``(d) Application.--Subsections (a) (b) and (c) shall apply to any
contract entered into, amended, altered, modified, renewed, or extended
after the date of the enactment of the Food, Conservation, and Energy
Act of 2008 .
``(e) Unlawful Practice.--Any action by or on behalf of a packer,
swine contractor, or live poultry dealer that violates this section
(including any action that has the intent or effect of limiting the
ability of a producer or grower to freely make a choice described in
subsection (b)) is an unlawful practice under this Act.
``(f) Regulations.--The Secretary shall promulgate regulations to--
``(1) carry out this section; and
``(2) establish criteria that the Secretary will consider in
determining whether the arbitration process provided in a contract
provides a meaningful opportunity for the grower or producer to
participate fully in the arbitration process.''.
SEC. 11006. REGULATIONS.
As soon as practicable, but not later than 2 years after the date
of the enactment of this Act, the Secretary of Agriculture shall
promulgate regulations with respect to the Packers and Stockyards Act,
1921 (7 U.S.C. 181 et seq.) to establish criteria that the Secretary
will consider in determining--
(1) whether an undue or unreasonable preference or advantage
has occurred in violation of such Act;
(2) whether a live poultry dealer has provided reasonable
notice to poultry growers of any suspension of the delivery of
birds under a poultry growing arrangement;
(3) when a requirement of additional capital investments over
the life of a poultry growing arrangement or swine production
contract constitutes a violation of such Act; and
(4) if a live poultry dealer or swine contractor has provided a
reasonable period of time for a poultry grower or a swine
production contract grower to remedy a breach of contract that
could lead to termination of the poultry growing arrangement or
swine production contract.
SEC. 11007. SENSE OF CONGRESS REGARDING PSEUDORABIES ERADICATION
PROGRAM.
It is the sense of Congress that--
(1) the Secretary of Agriculture should recognize the threat
feral swine pose to the domestic swine population and the entire
livestock industry;
(2) keeping the United States commercial swine herd free of
pseudorabies is essential to maintaining and growing pork export
markets;
(3) the establishment and continued support of a swine
surveillance system will assist the swine industry in the
monitoring, surveillance, and eradication of pseudorabies; and
(4) pseudorabies eradication is a high priority that the
Secretary should carry out under the authorities of the Animal
Health Protection Act.
SEC. 11008. SENSE OF CONGRESS REGARDING THE CATTLE FEVER TICK
ERADICATION PROGRAM.
It is the sense of Congress that--
(1) the cattle fever tick and the southern cattle tick are
vectors of the causal agent of babesiosis, a severe and often fatal
disease of cattle; and
(2) implementing a national strategic plan for the cattle fever
tick eradication program is a high priority that the Secretary of
Agriculture should carry out in order to--
(A) prevent the entry of cattle fever ticks into the United
States;
(B) enhance and maintain an effective surveillance program
to rapidly detect any cattle fever tick incursions; and
(C) research, identify, and procure the tools and knowledge
necessary to prevent and eradicate cattle fever ticks in the
United States.
SEC. 11009. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER.
(a) Funding.--Section 375(e)(6) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j(e)(6)) is amended by striking
subparagraphs (B) and (C) and inserting the following:
``(B) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $1,000,000 for fiscal year 2008, to remain available
until expended.
``(C) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000 for each of fiscal years 2008 through 2012.''.
(b) Repeal of Requirement To Privatize Revolving Fund.--
(1) In general.--Section 375 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j) is amended by striking subsection
(j).
(2) Effective date.--The amendment made by paragraph (1) takes
effect on May 1, 2007.
SEC. 11010. TRICHINAE CERTIFICATION PROGRAM.
(a) Voluntary Trichinae Certification.--
(1) Establishment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Agriculture shall
establish a voluntary trichinae certification program. Such program
shall include the facilitation of the export of pork products and
certification services related to such products.
(2) Regulations.--The Secretary shall issue final regulations
to implement the program under paragraph (1) not later than 90 days
after the date of the enactment of this Act.
(3) Report.--If final regulations are not published in
accordance with paragraph (2) within 90 days of the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
containing--
(A) an explanation of why the final regulations have not
been issued in accordance with paragraph (2); and
(B) the date on which the Secretary expects to issue such
final regulations.
(b) Funding.--Subject to the availability of appropriations under
subsection (d)(1)(A) of section 10405 of the Animal Health Protection
Act (7 U.S.C. 8304), as added by subsection (c), the Secretary shall
use not less than $6,200,000 of the funds made available under such
subsection to carry out subsection (a).
(c) Authorization of Appropriations.--Section 10405 of the Animal
Health Protection Act (7 U.S.C. 8304) is amended by adding at the end
the following new subsection:
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated--
``(A) $1,500,000 for each of fiscal years 2008 through 2012
to carry out section 11010 of the Food, Conservation, and
Energy Act of 2008; and
``(B) such sums as may be necessary for each of fiscal
years 2008 through 2012 to carry out this section.
``(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended.''.
SEC. 11011. LOW PATHOGENIC DISEASES.
The Animal Health Protection Act (7 U.S.C. 8301 et seq.) is
amended--
(1) in section 10407(d)(2)(C) (7 U.S.C. 8306(d)(2)(C)), by
striking ``of longer than 60 days'';
(2) in section 10409(b) (7 U.S.C. 8308(b))--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) Specific cooperative programs.--The Secretary shall
compensate industry participants and State agencies that cooperate
with the Secretary in carrying out operations and measures under
subsection (a) for 100 percent of eligible costs relating to
cooperative programs involving Federal, State, and industry
participants to control diseases of low pathogenicity in accordance
with regulations issued by the Secretary.''; and
(C) in paragraph (3) (as so redesignated), by striking ``of
longer than 60 days''; and
(3) in section 10417(b)(3) (7 U.S.C. 8316(b)(3)), by striking
``of longer than 60 days''.
SEC. 11012. ANIMAL PROTECTION.
(a) Willful Violations.--Section 10414(b)(1)(A) of the Animal
Health Protection Act (7 U.S.C. 8316(b)(1)(A)) is amended by striking
clause (iii) and inserting the following:
``(iii) for all violations adjudicated in a single
proceeding--
``(I) $500,000 if the violations do not include a
willful violation; or
``(II) $1,000,000 if the violations include 1 or
more willful violations.''.
(b) Subpoena Authority.--Section 10415(a)(2) of the Animal Health
Protection Act (7 U.S.C. 8314) is amended
(1) by striking subparagraph (A) and inserting the following:
``(A) In general.--The Secretary shall have the power to
subpoena the attendance and testimony of any witness, the
production of all evidence (including books, papers, documents,
electronically stored information, and other tangible things
that constitute or contain evidence), or to require the person
to whom the subpoena is directed to permit the inspection of
premises relating to the administration or enforcement of this
title or any matter under investigation in connection with this
title.'';
(2) in subparagraph (B), by striking ``documentary''; and
(3) in subparagraph (C)--
(A) in clause (i), by striking ``testimony of any witness
and the production of documentary evidence'' and inserting
``testimony of any witness, the production of evidence, or the
inspection of premises''; and
(B) in clause (ii), by striking ``question or to produce
documentary evidence'' and inserting ``question, produce
evidence, or permit the inspection of premises''.
SEC. 11013. NATIONAL AQUATIC ANIMAL HEALTH PLAN.
(a) In General.--The Secretary of Agriculture may enter into a
cooperative agreement with an eligible entity to carry out a project
under a national aquatic animal health plan under the authority of the
Secretary under section 10411 of the Animal Health Protection Act (7
U.S.C. 8310) for the purpose of detecting, controlling, or eradicating
diseases of aquaculture species and promoting species-specific best
management practices.
(b) Cooperative Agreements Between Eligible Entities and the
Secretary.--
(1) Duties.--As a condition of entering into a cooperative
agreement with the Secretary under this section, an eligible entity
shall agree to--
(A) assume responsibility for the non-Federal share of the
cost of carrying out the project under the national aquatic
health plan, as determined by the Secretary in accordance with
paragraph (2); and
(B) act in accordance with applicable disease and species
specific best management practices relating to activities to be
carried out under such project.
(2) Non-federal share.--The Secretary shall determine the non-
Federal share of the cost of carrying out a project under the
national aquatic health plan on a case-by-case basis for each such
project. Such non-Federal share may be provided in cash or in-kind.
(c) Applicability of Other Laws.--In carrying out this section, the
Secretary may make use of the authorities under the Animal Health
Protection Act (7 U.S.C. 8301 et seq.), including the authority to
carry out operations and measures to detect, control, and eradicate
pests and diseases and the authority to pay claims arising out of the
destruction of any animal, article, or means of conveyance.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for each of fiscal years 2008 through 2012.
(e) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means a State, a political subdivision of a State, Indian
tribe, or other appropriate entity, as determined by the Secretary of
Agriculture.
SEC. 11014. STUDY ON BIOENERGY OPERATIONS.
(a) Study.--The Secretary of Agriculture shall conduct a study to
evaluate the role of animal manure as a source of fertilizer and its
potential additional uses. Such study shall include--
(1) a determination of the extent to which animal manure is
utilized as fertilizer in agricultural operations by type
(including species and agronomic practices employed) and size;
(2) an evaluation of the potential impact on consumers and on
agricultural operations (by size) resulting from limitations being
placed on the utilization of animal manure as fertilizer; and
(3) an evaluation of the effects on agriculture production
contributable to the increased competition for animal manure use
due to bioenergy production, including as a feedstock or a
replacement for fossil fuels.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate the results of the
study conducted under subsection (a).
SEC. 11015. INTERSTATE SHIPMENT OF MEAT AND POULTRY INSPECTED BY
FEDERAL AND STATE AGENCIES FOR CERTAIN SMALL ESTABLISHMENTS.
(a) Meat and Meat Products.--The Federal Meat Inspection Act (21
U.S.C. 601 et seq.) is amended by adding at the end the following:
``TITLE V--INSPECTIONS BY FEDERAL AND STATE AGENCIES
``SEC. 501. INTERSTATE SHIPMENT OF MEAT INSPECTED BY FEDERAL AND
STATE AGENCIES FOR CERTAIN SMALL ESTABLISHMENTS.
``(a) Definitions.--
``(1) Appropriate state agency.--The term `appropriate State
agency' means a State agency described in section 301(b).
``(2) Designated personnel.--The term `designated personnel'
means inspection personnel of a State agency that have undergone
all necessary inspection training and certification to assist the
Secretary in the administration and enforcement of this Act,
including rules and regulations issued under this Act.
``(3) Eligible establishment.--The term `eligible
establishment' means an establishment that is in compliance with--
``(A) the State inspection program of the State in which
the establishment is located; and
``(B) this Act, including rules and regulations issued
under this Act.
``(4) Meat item.--The term `meat item' means--
``(A) a portion of meat; and
``(B) a meat food product.
``(5) Selected establishment.--The term `selected
establishment' means an eligible establishment that is selected by
the Secretary, in coordination with the appropriate State agency of
the State in which the eligible establishment is located, under
subsection (b) to ship carcasses, portions of carcasses, and meat
items in interstate commerce.
``(b) Authority of Secretary to Allow Shipments.--
``(1) In general.--Subject to paragraph (2), the Secretary, in
coordination with the appropriate State agency of the State in
which an establishment is located, may select the establishment to
ship carcasses, portions of carcasses, and meat items in interstate
commerce, and place on each carcass, portion of a carcass, and meat
item shipped in interstate commerce a Federal mark, stamp, tag, or
label of inspection, if--
``(A) the carcass, portion of carcass, or meat item
qualifies for the mark, stamp, tag, or label of inspection
under the requirements of this Act;
``(B) the establishment is an eligible establishment; and
``(C) inspection services for the establishment are
provided by designated personnel.
``(2) Prohibited establishments.--In carrying out paragraph
(1), the Secretary, in coordination with an appropriate State
agency, shall not select an establishment that--
``(A) on average, employs more than 25 employees (including
supervisory and nonsupervisory employees), as defined by the
Secretary;
``(B) as of the date of the enactment of this section,
ships in interstate commerce carcasses, portions of carcasses,
or meat items that are inspected by the Secretary in accordance
with this Act;
``(C)(i) is a Federal establishment;
``(ii) was a Federal establishment that was reorganized on
a later date under the same name or a different name or person
by the person, firm, or corporation that controlled the
establishment as of the date of the enactment of this section;
or
``(iii) was a State establishment as of the date of the
enactment of this section that--
``(I) as of the date of the enactment of this section,
employed more than 25 employees; and
``(II) was reorganized on a later date by the person,
firm, or corporation that controlled the establishment as
of the date of the enactment of this section;
``(D) is in violation of this Act;
``(E) is located in a State that does not have a State
inspection program; or
``(F) is the subject of a transition carried out in
accordance with a procedure developed by the Secretary under
paragraph (3)(A).
``(3) Establishments that employ more than 25 employees.--
``(A) Development of procedure.--The Secretary may develop
a procedure to transition to a Federal establishment any
establishment under this section that, on average, consistently
employs more than 25 employees.
``(B) Eligibility of certain establishments.--
``(i) In general.--A State establishment that employs
more than 25 employees but less than 35 employees as of the
date of the enactment of this section may be selected as a
selected establishment under this subsection.
``(ii) Procedures.--A State establishment shall be
subject to the procedures established under subparagraph
(A) beginning on the date that is 3 years after the
effective date described in subsection (j).
``(c) Reimbursement of State Costs.--The Secretary shall reimburse
a State for costs related to the inspection of selected establishments
in the State in accordance with Federal requirements in an amount of
not less than 60 percent of eligible State costs.
``(d) Coordination Between Federal and State Agencies.--
``(1) In general.--The Secretary shall designate an employee of
the Federal Government as State coordinator for each appropriate
State agency--
``(A) to provide oversight and enforcement of this title;
and
``(B) to oversee the training and inspection activities of
designated personnel of the State agency.
``(2) Supervision.--A State coordinator shall be under the
direct supervision of the Secretary.
``(3) Duties of state coordinator.--
``(A) In general.--A State coordinator shall visit selected
establishments with a frequency that is appropriate to ensure
that selected establishments are operating in a manner that is
consistent with this Act (including regulations and policies
under this Act).
``(B) Quarterly reports.--A State coordinator shall, on a
quarterly basis, submit to the Secretary a report that
describes the status of each selected establishment that is
under the jurisdiction of the State coordinator with respect to
the level of compliance of each selected establishment with the
requirements of this Act.
``(C) Immediate notification requirement.--If a State
coordinator determines that any selected establishment that is
under the jurisdiction of the State coordinator is in violation
of any requirement of this Act, the State coordinator shall--
``(i) immediately notify the Secretary of the
violation; and
``(ii) deselect the selected establishment or suspend
inspection at the selected establishment.
``(4) Performance evaluations.--Performance evaluations of
State coordinators designated under this subsection shall be
conducted by the Secretary as part of the Federal agency management
control system.
``(e) Audits.--
``(1) Periodic audits conducted by inspector general of the
department of agriculture.--Not later than 2 years after the
effective date described in subsection (j), and not less often than
every 3 years thereafter, the Inspector General of the Department
of Agriculture shall conduct an audit of each activity taken by the
Secretary under this section for the period covered by the audit to
determine compliance with this section.
``(2) Audit conducted by comptroller general of the united
states.--Not earlier than 3 years, nor later than 5 years, after
the date of the enactment of this section, the Comptroller General
of the United States shall conduct an audit of the implementation
of this section to determine--
``(A) the effectiveness of the implementation of this
section; and
``(B) the number of selected establishments selected by the
Secretary to ship carcasses, portions of carcasses, or meat
items under this section.
``(f) Technical Assistance Division.--
``(1) Establishment.--Not later than 180 days after the
effective date described in subsection (j), the Secretary shall
establish in the Food Safety and Inspection Service of the
Department of Agriculture a technical assistance division to
coordinate the initiatives of any other appropriate agency of the
Department of Agriculture to provide--
``(A) outreach, education, and training to very small or
certain small establishments (as defined by the Secretary); and
``(B) grants to appropriate State agencies to provide
outreach, technical assistance, education, and training to very
small or certain small establishments (as defined by the
Secretary).
``(2) Personnel.--The technical assistance division shall be
comprised of individuals that, as determined by the Secretary--
``(A) are of a quantity sufficient to carry out the duties
of the technical assistance division; and
``(B) possess appropriate qualifications and expertise
relating to the duties of the technical assistance division.
``(g) Transition Grants.--The Secretary may provide grants to
appropriate State agencies to assist the appropriate State agencies in
helping establishments covered by title III to transition to selected
establishments.
``(h) Violations.--Any selected establishment that the Secretary
determines to be in violation of any requirement of this Act shall be
transitioned to a Federal establishment in accordance with a procedure
developed by the Secretary under subsection (b)(3)(A).
``(i) Effect.--Nothing in this section limits the jurisdiction of
the Secretary with respect to the regulation of meat and meat products
under this Act.
``(j) Effective Date.--
``(1) In general.--This section takes effect on the date on
which the Secretary, after providing a period of public comment
(including through the conduct of public meetings or hearings),
promulgates final regulations to carry out this section.
``(2) Requirement.--Not later than 18 months after the date of
the enactment of this section, the Secretary shall promulgate final
regulations in accordance with paragraph (1).''.
(b) Poultry and Poultry Products.--The Poultry Products Inspection
Act (21 U.S.C. 451 et seq.) is amended by adding at the end the
following:
``SEC. 31. INTERSTATE SHIPMENT OF POULTRY INSPECTED BY FEDERAL AND
STATE AGENCIES FOR CERTAIN SMALL ESTABLISHMENTS.
``(a) Definitions.--
``(1) Appropriate state agency.--The term `appropriate State
agency' means a State agency described in section 5(a)(1).
``(2) Designated personnel.--The term `designated personnel'
means inspection personnel of a State agency that have undergone
all necessary inspection training and certification to assist the
Secretary in the administration and enforcement of this Act,
including rules and regulations issued under this Act.
``(3) Eligible establishment.--The term `eligible
establishment' means an establishment that is in compliance with--
``(A) the State inspection program of the State in which
the establishment is located; and
``(B) this Act, including rules and regulations issued
under this Act.
``(4) Poultry item.--The term `poultry item' means--
``(A) a portion of poultry; and
``(B) a poultry product.
``(5) Selected establishment.--The term `selected
establishment' means an eligible establishment that is selected by
the Secretary, in coordination with the appropriate State agency of
the State in which the eligible establishment is located, under
subsection (b) to ship poultry items in interstate commerce.
``(b) Authority of Secretary to Allow Shipments.--
``(1) In general.--Subject to paragraph (2), the Secretary, in
coordination with the appropriate State agency of the State in
which an establishment is located, may select the establishment to
ship poultry items in interstate commerce, and place on each
poultry item shipped in interstate commerce a Federal mark, stamp,
tag, or label of inspection, if--
``(A) the poultry item qualifies for the Federal mark,
stamp, tag, or label of inspection under the requirements of
this Act;
``(B) the establishment is an eligible establishment; and
``(C) inspection services for the establishment are
provided by designated personnel.
``(2) Prohibited establishments.--In carrying out paragraph
(1), the Secretary, in coordination with an appropriate State
agency, shall not select an establishment that--
``(A) on average, employs more than 25 employees (including
supervisory and nonsupervisory employees), as defined by the
Secretary;
``(B) as of the date of the enactment of this section,
ships in interstate commerce carcasses, portions of carcasses,
or poultry items that are inspected by the Secretary in
accordance with this Act;
``(C)(i) is a Federal establishment;
``(ii) was a Federal establishment as of the date of the
enactment of this section, and was reorganized on a later date
under the same name or a different name or person by the
person, firm, or corporation that controlled the establishment
as of the date of the enactment of this section; or
``(iii) was a State establishment as of the date of the
enactment of this section that--
``(I) as of the date of the enactment of this section,
employed more than 25 employees; and
``(II) was reorganized on a later date by the person,
firm, or corporation that controlled the establishment as
of the date of the enactment of this section;
``(D) is in violation of this Act;
``(E) is located in a State that does not have a State
inspection program; or
``(F) is the subject of a transition carried out in
accordance with a procedure developed by the Secretary under
paragraph (3)(A).
``(3) Establishments that employ more than 25 employees.--
``(A) Development of procedure.--The Secretary may develop
a procedure to transition to a Federal establishment any
establishment under this section that, on average, consistently
employs more than 25 employees.
``(B) Eligibility of certain establishments.--
``(i) In general.--A State establishment that employs
more than 25 employees but less than 35 employees as of the
date of the enactment of this section may be selected as a
selected establishment under this subsection.
``(ii) Procedures.--A State establishment shall be
subject to the procedures established under subparagraph
(A) beginning on the date that is 3 years after the
effective date described in subsection (i).
``(c) Reimbursement of State Costs.--The Secretary shall reimburse
a State for costs related to the inspection of selected establishments
in the State in accordance with Federal requirements in an amount of
not less than 60 percent of eligible State costs.
``(d) Coordination Between Federal and State Agencies.--
``(1) In general.--The Secretary shall designate an employee of
the Federal Government as State coordinator for each appropriate
State agency--
``(A) to provide oversight and enforcement of this section;
and
``(B) to oversee the training and inspection activities of
designated personnel of the State agency.
``(2) Supervision.--A State coordinator shall be under the
direct supervision of the Secretary.
``(3) Duties of state coordinator.--
``(A) In general.--A State coordinator shall visit selected
establishments with a frequency that is appropriate to ensure
that selected establishments are operating in a manner that is
consistent with this Act (including regulations and policies
under this Act).
``(B) Quarterly reports.--A State coordinator shall, on a
quarterly basis, submit to the Secretary a report that
describes the status of each selected establishment that is
under the jurisdiction of the State coordinator with respect to
the level of compliance of each selected establishment with the
requirements of this Act.
``(C) Immediate notification requirement.--If a State
coordinator determines that any selected establishment that is
under the jurisdiction of the State coordinator is in violation
of any requirement of this Act, the State coordinator shall--
``(i) immediately notify the Secretary of the
violation; and
``(ii) deselect the selected establishment or suspend
inspection at the selected establishment.
``(4) Performance evaluations.--Performance evaluations of
State coordinators designated under this subsection shall be
conducted by the Secretary as part of the Federal agency management
control system.
``(e) Audits.--
``(1) Periodic audits conducted by inspector general of the
department of agriculture.--Not later than 2 years after the
effective date described in subsection (i), and not less often than
every 3 years thereafter, the Inspector General of the Department
of Agriculture shall conduct an audit of each activity taken by the
Secretary under this section for the period covered by the audit to
determine compliance with this section.
``(2) Audit conducted by comptroller general of the united
states.--Not earlier than 3 years, nor later than 5 years, after
the date of the enactment of this section, the Comptroller General
of the United States shall conduct an audit of the implementation
of this section to determine--
``(A) the effectiveness of the implementation of this
section; and
``(B) the number of selected establishments selected by the
Secretary to ship poultry items under this section.
``(f) Transition Grants.--The Secretary may provide grants to
appropriate State agencies to assist the appropriate State agencies in
helping establishments covered by this Act to transition to selected
establishments.
``(g) Violations.--Any selected establishment that the Secretary
determines to be in violation of any requirement of this Act shall be
transitioned to a Federal establishment in accordance with a procedure
developed by the Secretary under subsection (b)(3)(A).
``(h) Effect.--Nothing in this section limits the jurisdiction of
the Secretary with respect to the regulation of poultry and poultry
products under this Act.
``(i) Effective Date.--
``(1) In general.--This section takes effect on the date on
which the Secretary, after providing a period of public comment
(including through the conduct of public meetings or hearings),
promulgates final regulations to carry out this section.
``(2) Requirement.--Not later than 18 months after the date of
the enactment of this section, the Secretary shall promulgate final
regulations in accordance with paragraph (1).''.
SEC. 11016. INSPECTION AND GRADING.
(a) Grading.--Section 203 of the Agricultural Marketing Act of 1946
(7 U.S.C. 1622) is amended--
(1) by redesignating subsection (n) as subsection (o); and
(2) by inserting after subsection (m) the following new
subsection:
``(n) Grading Program.--To establish within the Department of
Agriculture a voluntary fee based grading program for--
``(1) catfish (as defined by the Secretary under paragraph (2)
of section 1(w) of the Federal Meat Inspection Act (21 U.S.C.
601(w))); and
``(2) any additional species of farm-raised fish or farm-raised
shellfish--
``(A) for which the Secretary receives a petition
requesting such voluntary fee based grading; and
``(B) that the Secretary considers appropriate.''.
(b) Inspection.--
(1) In general.--The Federal Meat Inspection Act is amended--
(A) in section 1(w) (21 U.S.C. 601(w)) --
(i) by striking ``and'' at the end of paragraph (1);
(ii) by redesignating paragraph (2) as paragraph (3);
and
(iii) by inserting after paragraph (1) the following
new paragraph:
``(2) catfish, as defined by the Secretary; and'';
(B) by striking section 6 (21 U.S.C. 606) and inserting the
following new section:
``Sec. 6. (a) In General.--For the purposes hereinbefore set forth
the Secretary shall cause to be made, by inspectors appointed for that
purpose, an examination and inspection of all meat food products
prepared for commerce in any slaughtering, meat-canning, salting,
packing, rendering, or similar establishment, and for the purposes of
any examination and inspection and inspectors shall have access at all
times, by day or night, whether the establishment be operated or not,
to every part of said establishment; and said inspectors shall mark,
stamp, tag, or label as `Inspected and passed' all such products found
to be not adulterated; and said inspectors shall label, mark, stamp, or
tag as `Inspected and condemned' all such products found adulterated,
and all such condemned meat food products shall be destroyed for food
purposes, as hereinbefore provided, and the Secretary may remove
inspectors from any establishment which fails to so destroy such
condemned meat food products: Provided, That subject to the rules and
regulations of the Secretary the provisions of this section in regard
to preservatives shall not apply to meat food products for export to
any foreign country and which are prepared or packed according to the
specifications or directions of the foreign purchaser, when no
substance is used in the preparation or packing thereof in conflict
with the laws of the foreign country to which said article is to be
exported; but if said article shall be in fact sold or offered for sale
for domestic use or consumption then this proviso shall not exempt said
article from the operation of all the other provisions of this chapter.
``(b) Catfish.--In the case of an examination and inspection under
subsection (a) of a meat food product derived from catfish, the
Secretary shall take into account the conditions under which the
catfish is raised and transported to a processing establishment.''; and
(C) by adding at the end of title I the following new
section:
``Sec. 25. Notwithstanding any other provision of this Act, the
requirements of sections 3, 4, 5, 10(b), and 23 shall not apply to
catfish.''.
(2) Effective date.--
(A) In general.--The amendments made by paragraph (1) shall
not apply until the date on which the Secretary of Agriculture
issues final regulations (after providing a period of public
comment, including through the conduct of public meetings or
hearings, in accordance with chapter 5 of title 5, United
States Code) to carry out such amendments.
(B) Regulations.--Not later than 18 months after the date
of the enactment of this Act, the Secretary of Agriculture, in
consultation with the Commissioner of Food and Drugs, shall
issue final regulations to carry out the amendments made by
paragraph (1).
(3) Budget request.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Agriculture shall
submit to Congress an estimate of the costs of implementing the
amendments made by paragraph (1), including the estimated--
(A) staff years;
(B) number of establishments;
(C) volume expected to be produced at such establishments;
and
(D) any other information used in estimating the costs of
implementing such amendments.
SEC. 11017. FOOD SAFETY IMPROVEMENT.
(a) Federal Meat Inspection Act.--Title I of the Federal Meat
Inspection Act is further amended by inserting after section 11 (21
U.S.C. 611) the following:
``SEC. 12. NOTIFICATION.
``Any establishment subject to inspection under this Act that
believes, or has reason to believe, that an adulterated or misbranded
meat or meat food product received by or originating from the
establishment has entered into commerce shall promptly notify the
Secretary with regard to the type, amount, origin, and destination of
the meat or meat food product.
``SEC. 13. PLANS AND REASSESSMENTS.
``The Secretary shall require that each establishment subject to
inspection under this Act shall, at a minimum--
``(1) prepare and maintain current procedures for the recall of
all meat or meat food products produced and shipped by the
establishment;
``(2) document each reassessment of the process control plans
of the establishment; and
``(3) upon request, make the procedures and reassessed process
control plans available to inspectors appointed by the Secretary
for review and copying.''.
(b) Poultry Products Inspection Act.--Section 10 of the Poultry
Products Inspection Act (21 U.S.C. 459) is amended--
(1) by striking the section heading and all that follows
through ``sec. 10. No establishment'' and inserting the following:
``SEC. 10. COMPLIANCE BY ALL ESTABLISHMENTS.
``(a) In General.--No establishment''; and
(2) by adding at the end the following:
``(b) Notification.--Any establishment subject to inspection under
this Act that believes, or has reason to believe, that an adulterated
or misbranded poultry or poultry product received by or originating
from the establishment has entered into commerce shall promptly notify
the Secretary with regard to the type, amount, origin, and destination
of the poultry or poultry product.
``(c) Plans and Reassessments.--The Secretary shall require that
each establishment subject to inspection under this Act shall, at a
minimum--
``(1) prepare and maintain current procedures for the recall of
all poultry or poultry products produced and shipped by the
establishment;
``(2) document each reassessment of the process control plans
of the establishment; and
``(3) upon request, make the procedures and reassessed process
control plans available to inspectors appointed by the Secretary
for review and copying.''.
TITLE XII--CROP INSURANCE AND DISASTER ASSISTANCE PROGRAMS
Subtitle A--Crop Insurance and Agricultural Disaster Assistance
SEC. 12001. DEFINITION OF ORGANIC CROP.
Section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b))
is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs (8)
and (9), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) Organic crop.--The term `organic crop' means an
agricultural commodity that is organically produced consistent with
section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C.
6502).''.
SEC. 12002. GENERAL POWERS.
(a) In General.--Section 506 of the Federal Crop Insurance Act (7
U.S.C. 1506) is amended--
(1) in the first sentence of subsection (d), by striking ``The
Corporation'' and inserting ``Subject to section 508(j)(2)(A), the
Corporation''; and
(2) by striking subsection (n).
(b) Conforming Amendments.--
(1) Section 506 of the Federal Crop Insurance Act (7 U.S.C.
1506) is amended by redesignating subsections (o), (p), and (q) as
subsections (n), (o), and (p), respectively.
(2) Section 521 of the Federal Crop Insurance Act (7 U.S.C.
1521) is amended by striking the last sentence.
SEC. 12003. REDUCTION IN LOSS RATIO.
(a) Projected Loss Ratio.--Subsection (n)(2) of section 506 of the
Federal Crop Insurance Act (7 U.S.C. 1506) (as redesignated by section
12002(b)(1)) is amended--
(1) in the paragraph heading, by striking ``as of october 1,
1998'';
(2) by striking ``, on and after October 1, 1998,''; and
(3) by striking ``1.075'' and inserting ``1.0''.
(b) Premiums Required.--Section 508(d)(1) of the Federal Crop
Insurance Act (7 U.S.C. 1508(d)(1)) is amended by striking ``not
greater than 1.1'' and all that follows and inserting ``not greater
than--
``(A) 1.1 through September 30, 1998;
``(B) 1.075 for the period beginning October 1, 1998, and
ending on the day before the date of enactment of the Food,
Conservation, and Energy Act of 2008; and
``(C) 1.0 on and after the date of enactment of that
Act.''.
SEC. 12004. PREMIUMS ADJUSTMENTS.
Section 508(a) of the Federal Crop Insurance Act (7 U.S.C. 1508(a))
is amended by adding at the end the following:
``(9) Premium adjustments.--
``(A) Prohibition.--Except as provided in subparagraph (B),
no person shall pay, allow, or give, or offer to pay, allow, or
give, directly or indirectly, either as an inducement to
procure insurance or after insurance has been procured, any
rebate, discount, abatement, credit, or reduction of the
premium named in an insurance policy or any other valuable
consideration or inducement not specified in the policy.
``(B) Exceptions.--Subparagraph (A) does not apply with
respect to--
``(i) a payment authorized under subsection (b)(5)(B);
``(ii) a performance-based discount authorized under
subsection (d)(3); or
``(iii) a patronage dividend, or similar payment, that
is paid--
``(I) by an entity that was approved by the
Corporation to make such payments for the 2005, 2006,
or 2007 reinsurance year, in accordance with subsection
(b)(5)(B) as in effect on the day before the date of
enactment of this paragraph; and
``(II) in a manner consistent with the payment plan
approved in accordance with that subsection for the
entity by the Corporation for the applicable
reinsurance year.''.
SEC. 12005. CONTROLLED BUSINESS INSURANCE.
Section 508(a) of the Federal Crop Insurance Act (7 U.S.C. 1508(a))
(as amended by section 12004) is amended by adding at the end the
following:
``(10) Commissions.--
``(A) Definition of immediate family.--In this paragraph,
the term `immediate family' means an individual's father,
mother, stepfather, stepmother, brother, sister, stepbrother,
stepsister, son, daughter, stepson, stepdaughter, grandparent,
grandson, granddaughter, father-in-law, mother-in-law, brother-
in-law, sister-in-law, son-in-law, daughter-in-law, the spouse
of the foregoing, and the individual's spouse.
``(B) Prohibition.--No individual (including a subagent)
may receive directly, or indirectly through an entity, any
compensation (including any commission, profit sharing, bonus,
or any other direct or indirect benefit) for the sale or
service of a policy or plan of insurance offered under this
title if--
``(i) the individual has a substantial beneficial
interest, or a member of the individual's immediate family
has a substantial beneficial interest, in the policy or
plan of insurance; and
``(ii) the total compensation to be paid to the
individual with respect to the sale or service of the
policies or plans of insurance that meet the condition
described in clause (i) exceeds 30 percent or the
percentage specified in State law, whichever is less, of
the total of all compensation received directly or
indirectly by the individual for the sale or service of all
policies and plans of insurance offered under this title
for the reinsurance year.
``(C) Reporting.--Not later than 90 days after the annual
settlement date of the reinsurance year, any individual that
received directly or indirectly any compensation for the
service or sale of any policy or plan of insurance offered
under this title in the prior reinsurance year shall certify to
applicable approved insurance providers that the compensation
that the individual received was in compliance with this
paragraph.
``(D) Sanctions.--The procedural requirements and sanctions
prescribed in section 515(h) shall apply to the prosecution of
a violation of this paragraph.
``(E) Applicability.--
``(i) In general.--Sanctions for violations under this
paragraph shall only apply to the individuals or entities
directly responsible for the certification required under
subparagraph (C) or the failure to comply with the
requirements of this paragraph.
``(ii) Prohibition.--No sanctions shall apply with
respect to the policy or plans of insurance upon which
compensation is received, including the reinsurance for
those policies or plans.''.
SEC. 12006. ADMINISTRATIVE FEE.
(a) In General.--Section 508(b)(5) of the Federal Crop Insurance
Act (7 U.S.C. 1508(b)(5)) is amended--
(1) by striking subparagraph (A) and inserting the following:
``(A) Basic fee.--Each producer shall pay an administrative
fee for catastrophic risk protection in the amount of $300 per
crop per county.''; and
(2) in subparagraph (B)--
(A) by striking ``payment on behalf of producers'' and
inserting ``payment of catastrophic risk protection fee on
behalf of producers'';
(B) in clause (i)--
(i) by striking ``or other payment''; and
(ii) by striking ``with catastrophic risk protection or
additional coverage'' and inserting ``through the payment
of catastrophic risk protection administrative fees'';
(C) by striking clauses (ii) and (vi);
(D) by redesignating clauses (iii), (iv), and (v) as
clauses (ii), (iii), and (iv), respectively;
(E) in clause (iii) (as so redesignated), by striking ``A
policy or plan of insurance'' and inserting ``Catastrophic risk
protection coverage''; and
(F) in clause (iv) (as so redesignated)--
(i) by striking ``or other arrangement under this
subparagraph''; and
(ii) by striking ``additional''.
(b) Repeal.--Section 748 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
1999 (7 U.S.C. 1508 note; Public Law 105-277) is repealed.
SEC. 12007. TIME FOR PAYMENT.
Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is
amended--
(1) in subsection (b)(5)(C), by striking ``the date that
premium'' and inserting ``the same date on which the premium'';
(2) in subsection (c)(10), by adding at the end the following:
``(C) Time for payment.--Subsection (b)(5)(C) shall apply
with respect to the collection date for the administrative
fee.''; and
(3) in subsection (d), by adding at the end the following:
``(4) Billing date for premiums.--Effective beginning with the
2012 reinsurance year, the Corporation shall establish August 15 as
the billing date for premiums.''.
SEC. 12008. CATASTROPHIC COVERAGE REIMBURSEMENT RATE.
Section 508(b)(11) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(11)) is amended by striking ``8 percent'' and inserting ``6
percent''.
SEC. 12009. GRAIN SORGHUM PRICE ELECTION.
Section 508(c)(5) of the Federal Crop Insurance Act (7 U.S.C.
1508(c)(5)) is amended by adding at the end the following:
``(D) Grain sorghum price election.--
``(i) In general.--The Corporation, in conjunction with
the Secretary (referred to in this subparagraph as the
`Corporation'), shall--
``(I) not later than 60 days after the date of
enactment of this subparagraph, make available all
methods and data, including data from the Economic
Research Service, used by the Corporation to develop
the expected market prices for grain sorghum under the
production and revenue-based plans of insurance of the
Corporation; and
``(II) request applicable data from the grain
sorghum industry.
``(ii) Expert reviewers.--
``(I) In general.--Not later than 120 days after
the date of enactment of this subparagraph, the
Corporation shall contract individually with 5 expert
reviewers described in subclause (II) to develop and
recommend a methodology for determining an expected
market price for sorghum for both the production and
revenue-based plans of insurance to more accurately
reflect the actual price at harvest.
``(II) Requirements.--The expert reviewers under
subclause (I) shall be comprised of agricultural
economists with experience in grain sorghum and corn
markets, of whom--
``(aa) 2 shall be agricultural economists of
institutions of higher education;
``(bb) 2 shall be economists from within the
Department; and
``(cc) 1 shall be an economist nominated by the
grain sorghum industry.
``(iii) Recommendations.--
``(I) In general.--Not later than 90 days after the
date of contracting with the expert reviewers under
clause (ii), the expert reviewers shall submit, and the
Corporation shall make available to the public, the
recommendations of the expert reviewers.
``(II) Consideration.--The Corporation shall
consider the recommendations under subclause (I) when
determining the appropriate pricing methodology to
determine the expected market price for grain sorghum
under both the production and revenue-based plans of
insurance.
``(III) Publication.--Not later than 60 days after
the date on which the Corporation receives the
recommendations of the expert reviewers, the
Corporation shall publish the proposed pricing
methodology for both the production and revenue-based
plans of insurance for notice and comment and, during
the comment period, conduct at least 1 public meeting
to discuss the proposed pricing methodologies.
``(iv) Appropriate pricing methodology.--
``(I) In general.--Not later than 180 days after
the close of the comment period in clause (iii)(III),
but effective not later than the 2010 crop year, the
Corporation shall implement a pricing methodology for
grain sorghum under the production and revenue-based
plans of insurance that is transparent and replicable.
``(II) Interim methodology.--Until the date on
which the new pricing methodology is implemented, the
Corporation may continue to use the pricing methodology
that the Corporation determines best establishes the
expected market price.
``(III) Availability.--On an annual basis, the
Corporation shall make available the pricing
methodology and data used to determine the expected
market prices for grain sorghum under the production
and revenue-based plans of insurance, including any
changes to the methodology used to determine the
expected market prices for grain sorghum from the
previous year.''.
SEC. 12010. PREMIUM REDUCTION AUTHORITY.
Subsection 508(e) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)) is amended--
(1) in paragraph (2), by striking ``paragraph (4)'' and
inserting ``paragraph (3)'';
(2) by striking paragraph (3); and
(3) by redesignating paragraphs (4) and (5) as paragraphs (3)
and (4), respectively.
SEC. 12011. ENTERPRISE AND WHOLE FARM UNITS.
Section 508(e) of Federal Crop Insurance Act (7 U.S.C. 1508(e)) (as
amended by section 12010) is amended by adding at the end the
following:
``(5) Enterprise and whole farm units.--
``(A) In general.--The Corporation may carry out a pilot
program under which the Corporation pays a portion of the
premiums for plans or policies of insurance for which the
insurable unit is defined on a whole farm or enterprise unit
basis that is higher than would otherwise be paid in accordance
with paragraph (2).
``(B) Amount.--The percentage of the premium paid by the
Corporation to a policyholder for a policy with an enterprise
or whole farm unit under this paragraph shall, to the maximum
extent practicable, provide the same dollar amount of premium
subsidy per acre that would otherwise have been paid by the
Corporation under paragraph (2) if the policyholder had
purchased a basic or optional unit for the crop for the crop
year.
``(C) Limitation.--The amount of the premium paid by the
Corporation under this paragraph may not exceed 80 percent of
the total premium for the enterprise or whole farm unit
policy.''.
SEC. 12012. PAYMENT OF PORTION OF PREMIUM FOR AREA REVENUE PLANS.
Section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 1508(e))
(as amended by section 12011) 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.''.
SEC. 12013. DENIAL OF CLAIMS.
Section 508(j)(2)(A) of the Federal Crop Insurance Act (7 U.S.C.
1508(j)(2)(A)) is amended by inserting ``on behalf of the Corporation''
after ``approved provider''.
SEC. 12014. SETTLEMENT OF CROP INSURANCE CLAIMS ON FARM-STORED
PRODUCTION.
(a) In General.--Section 508(j) of the Federal Crop Insurance Act
(7 U.S.C. 1508(j)) is amended by adding at the end the following:
``(5) Settlement of claims on farm-stored production.--A
producer with farm-stored production may, at the option of the
producer, delay settlement of a crop insurance claim relating to
the farm-stored production for up to 4 months after the last date
on which claims may be submitted under the policy of insurance.''.
(b) Study on the Efficacy of Pack Factors.--
(1) In general.--The Secretary shall conduct a study of the
efficacy and accuracy of the application of pack factors regarding
the measurement of farm-stored production for purposes of providing
policies or plans of insurance under the Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.).
(2) Considerations.--The study shall consider--
(A) structural shape and size;
(B) time in storage;
(C) the impact of facility aeration systems; and
(D) any other factors the Secretary considers appropriate.
(3) Report.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
includes the findings of the study and any related policy
recommendations.
SEC. 12015. TIME FOR REIMBURSEMENT.
Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(4)) is amended by adding at the end the following:
``(D) Time for reimbursement.--Effective beginning with the
2012 reinsurance year, the Corporation shall reimburse approved
insurance providers and agents for the allowable administrative
and operating costs of the providers and agents as soon as
practicable after October 1 (but not later than October 31)
after the reinsurance year for which reimbursements are
earned.''.
SEC. 12016. REIMBURSEMENT RATE.
Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(4)) (as amended by section 12015) is amended--
(1) in subparagraph (A), by striking ``Except as provided in
subparagraph (B)'' and inserting ``Except as otherwise provided in
this paragraph''; and
(2) by adding at the end the following:
``(E) Reimbursement rate reduction.--In the case of a
policy of additional coverage that received a rate of
reimbursement for administrative and operating costs for the
2008 reinsurance year, for each of the 2009 and subsequent
reinsurance years, the reimbursement rate for administrative
and operating costs shall be 2.3 percentage points below the
rates in effect as of the date of enactment of the Food,
Conservation, and Energy Act of 2008 for all crop insurance
policies used to define loss ratio, except that only \1/2\ of
the reduction shall apply in a reinsurance year to the total
premium written in a State in which the State loss ratio is
greater than 1.2.
``(F) Reimbursement rate for area policies and plans of
insurance.--Notwithstanding subparagraphs (A) through (E), for
each of the 2009 and subsequent reinsurance years, the
reimbursement rate for area policies and plans of insurance
widely available as of the date of enactment of this
subparagraph shall be 12 percent of the premium used to define
loss ratio for that reinsurance year.''.
SEC. 12017. RENEGOTIATION OF STANDARD REINSURANCE AGREEMENT.
Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k))
is amended by adding at the end the following:
``(8) Renegotiation of standard reinsurance agreement.--
``(A) In general.--Except as provided in subparagraph (B),
notwithstanding section 536 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 1506
note; Public Law 105-185) and section 148 of the Agricultural
Risk Protection Act of 2000 (7 U.S.C. 1506 note; Public Law
106-224), the Corporation may renegotiate the financial terms
and conditions of each Standard Reinsurance Agreement--
``(i) to be effective for the 2011 reinsurance year
beginning July 1, 2010; and
``(ii) once during each period of 5 reinsurance years
thereafter.
``(B) Exceptions.--
``(i) Adverse circumstances.--Subject to clause (ii),
subparagraph (A) shall not apply in any case in which the
approved insurance providers, as a whole, experience
unexpected adverse circumstances, as determined by the
Secretary.
``(ii) Effect of federal law changes.--If Federal law
is enacted after the date of enactment of this paragraph
that requires revisions in the financial terms of the
Standard Reinsurance Agreement, and changes in the
Agreement are made on a mandatory basis by the Corporation,
the changes shall not be considered to be a renegotiation
of the Agreement for purposes of subparagraph (A).
``(C) Notification requirement.--If the Corporation
renegotiates a Standard Reinsurance Agreement under
subparagraph (A)(iii), the Corporation shall notify the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate of the renegotiation.
``(D) Consultation.--The approved insurance providers may
confer with each other and collectively with the Corporation
during any renegotiation under subparagraph (A).
``(E) 2011 reinsurance year.--
``(i) In general.--As part of the Standard Reinsurance
Agreement renegotiation authorized under subparagraph
(A)(i), the Corporation shall consider alternative methods
to determine reimbursement rates for administrative and
operating costs.
``(ii) Alternative methods.--Alternatives considered
under clause (i) shall include--
``(I) methods that--
``(aa) are graduated and base reimbursement
rates in a State on changes in premiums in that
State;
``(bb) are graduated and base reimbursement
rates in a State on the loss ratio for crop
insurance for that State; and
``(cc) are graduated and base reimbursement
rates on individual policies on the level of total
premium for each policy; and
``(II) any other method that takes into account
current financial conditions of the program and ensures
continued availability of the program to producers on a
nationwide basis.''.
SEC. 12018. CHANGE IN DUE DATE FOR CORPORATION PAYMENTS FOR
UNDERWRITING GAINS.
Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k))
(as amended by section 12017) is amended by adding at the end the
following:
``(9) Due date for payment of underwriting gains.--Effective
beginning with the 2011 reinsurance year, the Corporation shall
make payments for underwriting gains under this title on--
``(A) for the 2011 reinsurance year, October 1, 2012; and
``(B) for each reinsurance year thereafter, October 1 of
the following calendar year.''.
SEC. 12019. MALTING BARLEY.
Section 508(m) of the Federal Crop Insurance Act (7 U.S.C. 1508(m))
is amended by adding at the end the following:
``(5) Special provisions for malting barley.--The Corporation
shall promulgate special provisions under this subsection specific
to malting barley, taking into consideration any changes in quality
factors, as required by applicable market conditions.''.
SEC. 12020. CROP PRODUCTION ON NATIVE SOD.
(a) Federal Crop Insurance.--Section 508 of the Federal Crop
Insurance Act (7 U.S.C. 1508) is amended by adding at the end the
following:
``(o) Crop Production on Native Sod.--
``(1) Definition of native sod.--In this subsection, the term
`native sod' means land--
``(A) on which the plant cover is composed principally of
native grasses, grasslike plants, forbs, or shrubs suitable for
grazing and browsing; and
``(B) that has never been tilled for the production of an
annual crop as of the date of enactment of this subsection.
``(2) Ineligibility for benefits.--
``(A) In general.--Subject to subparagraph (B) and
paragraph (3), native sod acreage that has been tilled for the
production of an annual crop after the date of enactment of
this subsection shall be ineligible during the first 5 crop
years of planting, as determined by the Secretary, for benefits
under--
``(i) this title; and
``(ii) section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333).
``(B) De minimis acreage exemption.--The Secretary shall
exempt areas of 5 acres or less from subparagraph (A).
``(3) Application.--Paragraph (2) may apply to native sod
acreage in the Prairie Pothole National Priority Area at the
election of the Governor of the respective State.''.
(b) Noninsured Crop Disaster Assistance.--Section 196(a) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333(a)) is amended by adding at the end the following:
``(4) Program ineligibility relating to crop production on
native sod.--
``(A) Definition of native sod.--In this paragraph, the
term `native sod' means land--
``(i) on which the plant cover is composed principally
of native grasses, grasslike plants, forbs, or shrubs
suitable for grazing and browsing; and
``(ii) that has never been tilled for the production of
an annual crop as of the date of enactment of this
paragraph.
``(B) Ineligibility for benefits.--
``(i) In general.--Subject to clause (ii) and
subparagraph (C), native sod acreage that has been tilled
for the production of an annual crop after the date of
enactment of this paragraph shall be ineligible during the
first 5 crop years of planting, as determined by the
Secretary, for benefits under--
``(I) this section; and
``(II) the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
``(ii) De minimis acreage exemption.--The Secretary
shall exempt areas of 5 acres or less from clause (i).
``(C) Application.--Subparagraph (B) may apply to native
sod acreage in the Prairie Pothole National Priority Area at
the election of the Governor of the respective State.''.
SEC. 12021. INFORMATION MANAGEMENT.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is
amended--
(a) in subsection (j)(3), by adding before the period at the end
the following: ``, which shall be subject to competition on a periodic
basis, as determined by the Secretary''; and
(b) by striking subsection (k) and inserting the following:
``(k) Funding.--
``(1) Information technology.--To carry out subsection (j)(1),
the Corporation may use, from amounts made available from the
insurance fund established under section 516(c), not more than
$15,000,000 for each of fiscal years 2008 through 2011.
``(2) Data mining.--To carry out subsection (j)(2), the
Corporation may use, from amounts made available from the insurance
fund established under section 516(c), not more than $4,000,000 for
fiscal year 2009 and each subsequent fiscal year.''.
SEC. 12022. RESEARCH AND DEVELOPMENT.
(a) In General.--Section 522(b) of the Federal Crop Insurance Act
(7 U.S.C. 1522(b)) is amended by striking paragraphs (1) and (2) and
inserting the following:
``(1) Research and development payment.--
``(A) In general.--The Corporation shall provide a payment
to an applicant for research and development costs in
accordance with this subsection.
``(B) Reimbursement.--An applicant who submits a policy
under section 508(h) shall be eligible for the reimbursement of
reasonable research and development costs directly related to
the policy if the policy is approved by the Board for sale to
producers.
``(2) Advance payments.--
``(A) In general.--Subject to the other provisions of this
paragraph, the Board may approve the request of an applicant
for advance payment of a portion of reasonable research and
development costs prior to submission and approval of the
policy by the Board under section 508(h).
``(B) Procedures.--The Board shall establish procedures for
approving advance payment of reasonable research and
development costs to applicants.
``(C) Concept proposal.--As a condition of eligibility for
advance payments, an applicant shall submit a concept proposal
for the policy that the applicant plans to submit to the Board
under section 508(h), consistent with procedures established by
the Board for submissions under subparagraph (B), including--
``(i) a summary of the qualifications of the applicant,
including any prior concept proposals and submissions to
the Board under section 508(h) and, if applicable, any work
conducted under this section;
``(ii) a projection of total research and development
costs that the applicant expects to incur;
``(iii) a description of the need for the policy, the
marketability of and expected demand for the policy among
affected producers, and the potential impact of the policy
on producers and the crop insurance delivery system;
``(iv) a summary of data sources available to
demonstrate that the policy can reasonably be developed and
actuarially appropriate rates established; and
``(v) an identification of the risks the proposed
policy will cover and an explanation of how the identified
risks are insurable under this title.
``(D) Review.--
``(i) Experts.--If the requirements of subparagraph (B)
and (C) are met, the Board may submit a concept proposal
described in subparagraph (C) to not less than 2
independent expert reviewers, whose services are
appropriate for the type of concept proposal submitted, to
assess the likelihood that the proposed policy being
developed will result in a viable and marketable policy, as
determined by the Board.
``(ii) Timing.--The time frames described in
subparagraphs (C) and (D) of section 508(h)(4) shall apply
to the review of concept proposals under this subparagraph.
``(E) Approval.--The Board may approve up to 50 percent of
the projected total research and development costs to be paid
in advance to an applicant, in accordance with the procedures
developed by the Board for the making of such payments, if,
after consideration of the reviewer reports described in
subparagraph (D) and such other information as the Board
determines appropriate, the Board determines that--
``(i) the concept, in good faith, will likely result in
a viable and marketable policy consistent with section
508(h);
``(ii) in the sole opinion of the Board, the concept,
if developed into a policy and approved by the Board, would
provide crop insurance coverage--
``(I) in a significantly improved form;
``(II) to a crop or region not traditionally served
by the Federal crop insurance program; or
``(III) in a form that addresses a recognized flaw
or problem in the program;
``(iii) the applicant agrees to provide such reports as
the Corporation determines are necessary to monitor the
development effort;
``(iv) the proposed budget and timetable are
reasonable; and
``(v) the concept proposal meets any other requirements
that the Board determines appropriate.
``(F) Submission of policy.--If the Board approves an
advanced payment under subparagraph (E), the Board shall
establish a date by which the applicant shall present a
submission in compliance with section 508(h) (including the
procedures implemented under that section) to the Board for
approval.
``(G) Final payment.--
``(i) Approved policies.--If a policy is submitted
under subparagraph (F) and approved by the Board under
section 508(h) and the procedures established by the Board
(including procedures established under subparagraph (B)),
the applicant shall be eligible for a payment of reasonable
research and development costs in the same manner as
policies reimbursed under paragraph (1)(B), less any
payments made pursuant to subparagraph (E).
``(ii) Policies not approved.--If a policy is submitted
under subparagraph (F) and is not approved by the Board
under section 508(h), the Corporation shall--
``(I) not seek a refund of any payments made in
accordance with this paragraph; and
``(II) not make any further research and
development cost payments associated with the
submission of the policy under this paragraph.
``(H) Policy not submitted.--If an applicant receives an
advance payment and fails to fulfill the obligation of the
applicant to the Board by not submitting a completed submission
without just cause and in accordance with the procedures
established under subparagraph (B)), including notice and
reasonable opportunity to respond, as determined by the Board,
the applicant shall return to the Board the amount of the
advance plus interest.
``(I) Repeated submissions.--The Board may prohibit advance
payments to applicants who have submitted--
``(i) a concept proposal or submission that did not
result in a marketable product; or
``(ii) a concept proposal or submission of poor
quality.
``(J) Continued eligibility.--A determination that an
applicant is not eligible for advance payments under this
paragraph shall not prevent an applicant from reimbursement
under paragraph (1)(B).''.
(b) Conforming Amendments.--Section 522(b) of the Federal Crop
Insurance Act (7 U.S.C. 1522(b)) is amended--
(1) in paragraph (3), by striking ``or (2)''; and
(2) in paragraph (4)(A), by striking ``and (2)''.''
SEC. 12023. CONTRACTS FOR ADDITIONAL POLICIES AND STUDIES.
Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522) is
amended--
(1) by redesignating paragraph (10) as paragraph (17); and
(2) by inserting after paragraph (9) the following:
``(10) Contracts for organic production coverage
improvements.--
``(A) Contracts required.--Not later than 180 days after
the date of enactment of the Food, Conservation, and Energy Act
of 2008, the Corporation shall enter into 1 or more contracts
for the development of improvements in Federal crop insurance
policies covering crops produced in compliance with standards
issued by the Department of Agriculture under the national
organic program established under the Organic Foods Production
Act of 1990 (7 U.S.C. 6501 et seq.).
``(B) Review of underwriting risk and loss experience.--
``(i) Review required.--
``(I) In general.--A contract under subparagraph
(A) shall include a review of the underwriting, risk,
and loss experience of organic crops covered by the
Corporation, as compared with the same crops produced
in the same counties and during the same crop years
using nonorganic methods.
``(II) Requirements.--The review shall--
``(aa) to the maximum extent practicable, be
designed to allow the Corporation to determine
whether significant, consistent, or systemic
variations in loss history exist between organic
and nonorganic production;
``(bb) include the widest available range of
data collected by the Secretary and other outside
sources of information; and
``(cc) not be limited to loss history under
existing crop insurance policies.
``(ii) Effect on premium surcharge.--Unless the review
under this subparagraph documents the existence of
significant, consistent, and systemic variations in loss
history between organic and nonorganic crops, either
collectively or on an individual crop basis, the
Corporation shall eliminate or reduce the premium surcharge
that the Corporation charges for coverage for organic
crops, as determined in accordance with the results.
``(iii) Annual updates.--Beginning with the 2009 crop
year, the review under this subparagraph shall be updated
on an annual basis as data is accumulated by the Secretary
and other sources, so that the Corporation may make
determinations regarding adjustments to the surcharge in a
timely manner as quickly as evolving practices and data
trends allow.
``(C) Additional price election.--
``(i) In general.--A contract under subparagraph (A)
shall include the development of a procedure, including any
associated changes in policy terms or materials required
for implementation of the procedure, to offer producers of
organic crops an additional price election that reflects
actual prices received by organic producers for crops from
the field (including appropriate retail and wholesale
prices), as established using data collected and maintained
by the Secretary or from other sources.
``(ii) Timing.--The development of the procedure shall
be completed in a timely manner to allow the Corporation to
begin offering the additional price election for organic
crops with sufficient data for the 2010 crop year.
``(iii) Expansion.--The procedure shall be expanded as
quickly as practicable as additional data on prices of
organic crops collected by the Secretary and other sources
of information becomes available, with a goal of applying
this procedure to all organic crops not later than the
fifth full crop year that begins after the date of
enactment of Food, Conservation, and Energy Act of 2008.
``(D) Reporting requirements.--
``(i) In general.--The Corporation shall submit to the
Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry
of the Senate an annual report on progress made in
developing and improving Federal crop insurance for organic
crops, including--
``(I) the numbers and varieties of organic crops
insured;
``(II) the development of new insurance approaches;
and
``(III) the progress of implementing the
initiatives required under this paragraph, including
the rate at which additional price elections are
adopted for organic crops.
``(ii) Recommendations.--The report shall include such
recommendations as the Corporation considers appropriate to
improve Federal crop insurance coverage for organic crops.
``(11) Energy crop insurance policy.--
``(A) Definition of dedicated energy crop.--In this
subsection, the term `dedicated energy crop' means an annual or
perennial crop that--
``(i) is grown expressly for the purpose of producing a
feedstock for renewable biofuel, renewable electricity, or
biobased products; and
``(ii) is not typically used for food, feed, or fiber.
``(B) Authority.--The Corporation shall offer to enter into
1 or more contracts with qualified entities to carry out
research and development regarding a policy to insure dedicated
energy crops.
``(C) Research and development.--Research and development
described in subparagraph (B) shall evaluate the effectiveness
of risk management tools for the production of dedicated energy
crops, including policies and plans of insurance that--
``(i) are based on market prices and yields;
``(ii) to the extent that insufficient data exist to
develop a policy based on market prices and yields,
evaluate the policies and plans of insurance based on the
use of weather or rainfall indices to protect the interests
of crop producers; and
``(iii) provide protection for production or revenue
losses, or both.
``(12) Aquaculture insurance policy.--
``(A) Definition of aquaculture.--In this subsection:
``(i) In general.--The term `aquaculture' means the
propagation and rearing of aquatic species in controlled or
selected environments, including shellfish cultivation on
grants or leased bottom and ocean ranching.
``(ii) Exclusion.--The term `aquaculture' does not
include the private ocean ranching of Pacific salmon for
profit in any State in which private ocean ranching of
Pacific salmon is prohibited by any law (including
regulations).
``(B) Authority.--
``(i) In general.--As soon as practicable after the
date of enactment of the Food, Conservation, and Energy Act
of 2008, the Corporation shall offer to enter into 3 or
more contracts with qualified entities to carry out
research and development regarding a policy to insure the
production of aquacultural species in aquaculture
operations.
``(ii) Bivalve species.--At least 1 of the contracts
described in clause (i) shall address insurance of bivalve
species, including--
``(I) American oysters (crassostrea virginica);
``(II) hard clams (mercenaria mercenaria);
``(III) Pacific oysters (crassostrea gigas);
``(IV) Manila clams (tapes phillipinnarium); or
``(V) blue mussels (mytilus edulis).
``(iii) Freshwater species.--At least 1 of the
contracts described in clause (i) shall address insurance
of freshwater species, including--
``(I) catfish (icataluridae);
``(II) rainbow trout (oncorhynchus mykiss);
``(III) largemouth bass (micropterus salmoides);
``(IV) striped bass (morone saxatilis);
``(V) bream (abramis brama);
``(VI) shrimp (penaeus); or
``(VII) tilapia (oreochromis niloticus).
``(iv) Saltwater species.--At least 1 of the contracts
described in clause (i) shall address insurance of
saltwater species, including--
``(I) Atlantic salmon (salmo salar); or
``(II) shrimp (penaeus).
``(C) Research and development.--Research and development
described in subparagraph (B) shall evaluate the effectiveness
of policies and plans of insurance for the production of
aquacultural species in aquaculture operations, including
policies and plans of insurance that--
``(i) are based on market prices and yields;
``(ii) to the extent that insufficient data exist to
develop a policy based on market prices and yields,
evaluate how best to incorporate insuring of production of
aquacultural species in aquaculture operations into
existing policies covering adjusted gross revenue; and
``(iii) provide protection for production or revenue
losses, or both.
``(13) Poultry insurance policy.--
``(A) Definition of poultry.--In this paragraph, the term
`poultry' has the meaning given the term in section 2(a) of the
Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)).
``(B) Authority.--The Corporation shall offer to enter into
1 or more contracts with qualified entities to carry out
research and development regarding a policy to insure
commercial poultry production.
``(C) Research and development.--Research and development
described in subparagraph (B) shall evaluate the effectiveness
of risk management tools for the production of poultry,
including policies and plans of insurance that provide
protection for production or revenue losses, or both, while the
poultry is in production.
``(14) Apiary policies.--The Corporation shall offer to enter
into a contract with a qualified entity to carry out research and
development regarding insurance policies that cover loss of bees.
``(15) Adjusted gross revenue policies for beginning
producers.--The Corporation shall offer to enter into a contract
with a qualified entity to carry out research and development into
needed modifications of adjusted gross revenue insurance policies,
consistent with principles of actuarial sufficiency, to permit
coverage for beginning producers with no previous production
history, including permitting those producers to have production
and premium rates based on information with similar farming
operations.
``(16) Skiprow cropping practices.--
``(A) In general.--The Corporation shall offer to enter
into a contract with a qualified entity to carry out research
into needed modifications of policies to insure corn and
sorghum produced in the Central Great Plains (as determined by
the Agricultural Research Service) through use of skiprow
cropping practices.
``(B) Research.--Research described in subparagraph (A)
shall--
``(i) review existing research on skiprow cropping
practices and actual production history of producers using
skiprow cropping practices; and
``(ii) evaluate the effectiveness of risk management
tools for producers using skiprow cropping practices,
including--
``(I) the appropriateness of rules in existence as
of the date of enactment of this paragraph relating to
the determination of acreage planted in skiprow
patterns; and
``(II) whether policies for crops produced through
skiprow cropping practices reflect actual production
capabilities.''.
SEC. 12024. FUNDING FROM INSURANCE FUND.
Section 522(e) of the Federal Crop Insurance Act (7 U.S.C. 1522(e))
is amended--
(1) in paragraph (1), by striking ``$10,000,000'' and all that
follows through the end of the paragraph and inserting ``$7,500,000
for fiscal year 2008 and each subsequent fiscal year'';
(2) in paragraph (2)(A), by striking ``$20,000,000 for'' and
all that follows through ``year 2004'' and inserting ``$12,500,000
for fiscal year 2008''; and
(3) in paragraph (3), by striking ``the Corporation may use''
and all that follows through the end of the paragraph and inserting
``the Corporation may use--
``(A) not more than $5,000,000 for each fiscal year to
improve program integrity, including by--
``(i) increasing compliance-related training;
``(ii) improving analysis tools and technology
regarding compliance;
``(iii) use of information technology, as determined by
the Corporation; and
``(iv) identifying and using innovative compliance
strategies; and
``(B) any excess amounts to carry out other activities
authorized under this section.''.
SEC. 12025. PILOT PROGRAMS.
(a) In General.--Section 523 of the Federal Crop Insurance Act (7
U.S.C. 1523) is amended by adding at the end the following:
``(f) Camelina Pilot Program.--
``(1) In general.--The Corporation shall establish a pilot
program under which producers or processors of camelina may propose
for approval by the Board policies or plans of insurance for
camelina, in accordance with section 508(h).
``(2) Determination by board.--The Board shall approve a policy
or plan of insurance proposed under paragraph (1) if, as determined
by the Board, the policy or plan of insurance--
``(A) protects the interests of producers;
``(B) is actuarially sound; and
``(C) meets the requirements of this title.
``(3) Timeframe.--The Corporation shall commence the camelina
insurance pilot program as soon as practicable after the date of
enactment of this subsection.
``(g) Sesame Insurance Pilot Program.--
``(1) In general.--In addition to any other authority of the
Corporation, the Corporation shall establish and carry out a pilot
program under which a producer of nondehiscent sesame under
contract may elect to obtain multiperil crop insurance, as
determined by the Corporation.
``(2) Terms and conditions.--The multiperil crop insurance
offered under the sesame insurance pilot program shall--
``(A) be offered through reinsurance arrangements with
private insurance companies;
``(B) be actuarially sound; and
``(C) require the payment of premiums and administrative
fees by a producer obtaining the insurance.
``(3) Location.--The sesame insurance pilot program shall be
carried out only in the State of Texas.
``(4) Duration.--The Corporation shall commence the sesame
insurance pilot program as soon as practicable after the date of
the enactment of this subsection.
``(h) Grass Seed Insurance Pilot Program.--
``(1) In general.--In addition to any other authority of the
Corporation, the Corporation shall establish and carry out a grass
seed pilot program under which a producer of Kentucky bluegrass or
perennial rye grass under contract may elect to obtain multiperil
crop insurance, as determined by the Corporation.
``(2) Terms and conditions.--The multiperil crop insurance
offered under the grass seed insurance pilot program shall--
``(A) be offered through reinsurance arrangements with
private insurance companies;
``(B) be actuarially sound; and
``(C) require the payment of premiums and administrative
fees by a producer obtaining the insurance.
``(3) Location.--The grass seed insurance pilot program shall
be carried out only in each of the States of Minnesota and North
Dakota.
``(4) Duration.--The Corporation shall commence the grass seed
insurance pilot program as soon as practicable after the date of
the enactment of this subsection.''.
(b) Conforming Amendment.--Section 196(a)(2)(B) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)(2)(B))
is amended by adding ``camelina,'' after ``sea oats,''.
SEC. 12026. RISK MANAGEMENT EDUCATION FOR BEGINNING FARMERS OR
RANCHERS.
Section 524(a) of the Federal Crop Insurance Act (7 U.S.C. 1524(a))
is amended--
(1) in paragraph (1), by striking ``paragraph (4)'' and
inserting ``paragraph (5)'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Requirements.--In carrying out the programs established
under paragraphs (2) and (3), the Secretary shall place special
emphasis on risk management strategies, education, and outreach
specifically targeted at--
``(A) beginning farmers or ranchers;
``(B) legal immigrant farmers or ranchers that are
attempting to become established producers in the United
States;
``(C) socially disadvantaged farmers or ranchers;
``(D) farmers or ranchers that--
``(i) are preparing to retire; and
``(ii) are using transition strategies to help new
farmers or ranchers get started; and
``(E) new or established farmers or ranchers that are
converting production and marketing systems to pursue new
markets.''.
SEC. 12027. COVERAGE FOR AQUACULTURE UNDER NONINSURED CROP ASSISTANCE
PROGRAM.
Section 196(c)(2) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333(c)(2)) is amended--
(1) by striking ``On making'' and inserting the following:
``(A) In general.--On making''; and
(2) by adding at the end the following:
``(B) Aquaculture producers.--On making a determination
described in subsection (a)(3) for aquaculture producers, the
Secretary shall provide assistance under this section to
aquaculture producers from all losses related to drought.''.
SEC. 12028. INCREASE IN SERVICE FEES FOR NONINSURED CROP ASSISTANCE
PROGRAM.
Section 196(k)(1) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333(k)(1)) is amended--
(1) in subparagraph (A), by striking ``$100'' and inserting
``$250''; and
(2) in subparagraph (B)--
(A) by striking ``$300'' and inserting ``$750''; and
(B) by striking ``$900'' and inserting ``$1,875''.
SEC. 12029. DETERMINATION OF CERTAIN SWEET POTATO PRODUCTION.
Section 9001(d) of the U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act, 2007
(Public Law 110-28; 121 Stat. 211) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following:
``(8) Sweet potatoes.--
``(A) Data.--In the case of sweet potatoes, any data
obtained under a pilot program carried out by the Risk
Management Agency shall not be considered for the purpose of
determining the quantity of production under the crop disaster
assistance program established under this section.
``(B) Extension of deadline.--If this paragraph is not
implemented before the sign-up deadline for the crop disaster
assistance program established under this section, the
Secretary shall extend the deadline for producers of sweet
potatoes to permit sign-up for the program in accordance with
this paragraph.''.
SEC. 12030. DECLINING YIELD REPORT.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report containing details about activities and
administrative options of the Federal Crop Insurance Corporation and
Risk Management Agency that address issues relating to--
(1) declining yields on the actual production histories of
producers; and
(2) declining and variable yields for perennial crops,
including pecans.
SEC. 12031. DEFINITION OF BASIC UNIT.
The Secretary shall not modify the definition of ``basic unit'' in
accordance with the proposed regulations entitled ``Common Crop
Insurance Regulations'' (72 Fed. Reg. 28895; relating to common crop
insurance regulations) or any successor regulation.
SEC. 12032. CROP INSURANCE MEDIATION.
Section 275 of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6995) is amended--
(1) by striking ``If an officer'' and inserting the following:
``(a) In General.--If an officer'';
(2) by striking ``With respect to'' and inserting the
following:
``(b) Farm Service Agency.--With respect to'';
(3) by striking ``If a mediation''; and inserting the
following:
``(c) Mediation.--If a mediation''; and
(4) in subsection (c) (as so designated)--
(A) by striking ``participant shall be offered'' and
inserting ``participant shall--
``(1) be offered''; and
(B) by striking the period at the end and inserting the
following: ``; and
``(2) to the maximum extent practicable, be allowed to use both
informal agency review and mediation to resolve disputes under that
title.''.
SEC. 12033. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
(a) In General.--The Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.) is amended by adding at the end the following:
``Subtitle B--Supplemental Agricultural Disaster Assistance
``SEC. 531. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Actual production history yield.--The term `actual
production history yield' means the weighted average of the actual
production history for each insurable commodity or noninsurable
commodity, as calculated under subtitle A or the noninsured crop
disaster assistance program, respectively.
``(2) Adjusted actual production history yield.--The term
`adjusted actual production history yield' means--
``(A) in the case of an eligible producer on a farm that
has at least 4 years of actual production history yields for an
insurable commodity that are established other than pursuant to
section 508(g)(4)(B), the actual production history for the
eligible producer without regard to any yields established
under that section;
``(B) in the case of an eligible producer on a farm that
has less than 4 years of actual production history yields for
an insurable commodity, of which 1 or more were established
pursuant to section 508(g)(4)(B), the actual production history
for the eligible producer as calculated without including the
lowest of the yields established pursuant to section
508(g)(4)(B); and
``(C) in all other cases, the actual production history of
the eligible producer on a farm.
``(3) Adjusted noninsured crop disaster assistance program
yield.--The term `adjusted noninsured crop disaster assistance
program yield' means--
``(A) in the case of an eligible producer on a farm that
has at least 4 years of production history under the noninsured
crop disaster assistance program that are not replacement
yields, the noninsured crop disaster assistance program yield
without regard to any replacement yields;
``(B) in the case of an eligible producer on a farm that
less than 4 years of production history under the noninsured
crop disaster assistance program that are not replacement
yields, the noninsured crop disaster assistance program yield
as calculated without including the lowest of the replacement
yields; and
``(C) in all other cases, the production history of the
eligible producer on the farm under the noninsured crop
disaster assistance program.
``(4) Counter-cyclical program payment yield.--The term
`counter-cyclical program payment yield' means the weighted average
payment yield established under section 1102 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7912), section 1102 of
the Food, Conservation, and Energy Act of 2008, or a successor
section.
``(5) Disaster county.--
``(A) In general.--The term `disaster county' means a
county included in the geographic area covered by a qualifying
natural disaster declaration.
``(B) Inclusion.--The term `disaster county' includes--
``(i) a county contiguous to a county described in
subparagraph (A); and
``(ii) any farm in which, during a calendar year, the
total loss of production of the farm relating to weather is
greater than 50 percent of the normal production of the
farm, as determined by the Secretary.
``(6) Eligible producer on a farm.--
``(A) In general.--The term `eligible producer on a farm'
means an individual or entity described in subparagraph (B)
that, as determined by the Secretary, assumes the production
and market risks associated with the agricultural production of
crops or livestock.
``(B) Description.--An individual or entity referred to in
subparagraph (A) is--
``(i) a citizen of the United States;
``(ii) a resident alien;
``(iii) a partnership of citizens of the United States;
or
``(iv) a corporation, limited liability corporation, or
other farm organizational structure organized under State
law.
``(7) Farm.--
``(A) In general.--The term `farm' means, in relation to an
eligible producer on a farm, the sum of all crop acreage in all
counties that is planted or intended to be planted for harvest
by the eligible producer.
``(B) Aquaculture.--In the case of aquaculture, the term
`farm' means, in relation to an eligible producer on a farm,
all fish being produced in all counties that are intended to be
harvested for sale by the eligible producer.
``(C) Honey.--In the case of honey, the term `farm' means,
in relation to an eligible producer on a farm, all bees and
beehives in all counties that are intended to be harvested for
a honey crop by the eligible producer.
``(8) Farm-raised fish.--The term `farm-raised fish' means any
aquatic species that is propagated and reared in a controlled
environment.
``(9) Insurable commodity.--The term `insurable commodity'
means an agricultural commodity (excluding livestock) for which the
producer on a farm is eligible to obtain a policy or plan of
insurance under subtitle A.
``(10) Livestock.--The term `livestock' includes--
``(A) cattle (including dairy cattle);
``(B) bison;
``(C) poultry;
``(D) sheep;
``(E) swine;
``(F) horses; and
``(G) other livestock, as determined by the Secretary.
``(11) Noninsurable commodity.--The term `noninsurable
commodity' means a crop for which the eligible producers on a farm
are eligible to obtain assistance under the noninsured crop
assistance program.
``(12) Noninsured crop assistance program.--The term
`noninsured crop assistance program' means the program carried out
under section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333).
``(13) Qualifying natural disaster declaration.--The term
`qualifying natural disaster declaration' means a natural disaster
declared by the Secretary for production losses under section
321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1961(a)).
``(14) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``(15) Socially disadvantaged farmer or rancher.--The term
`socially disadvantaged farmer or rancher' has the meaning given
the term in section 2501(e) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(e)).
``(16) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the United
States.
``(17) Trust fund.--The term `Trust Fund' means the
Agricultural Disaster Relief Trust Fund established under section
902 of the Trade Act of 1974.
``(18) United states.--The term `United States' when used in a
geographical sense, means all of the States.
``(b) Supplemental Revenue Assistance Payments.--
``(1) In general.--The Secretary shall use such sums as are
necessary from the Trust Fund to make crop disaster assistance
payments to eligible producers on farms in disaster counties that
have incurred crop production losses or crop quality losses, or
both, during the crop year.
``(2) Amount.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall provide crop disaster assistance payments under
this section to an eligible producer on a farm in an amount
equal to 60 percent of the difference between--
``(i) the disaster assistance program guarantee, as
described in paragraph (3); and
``(ii) the total farm revenue for a farm, as described
in paragraph (4).
``(B) Limitation.--The disaster assistance program
guarantee for a crop used to calculate the payments for a farm
under subparagraph (A)(i) may not be greater than 90 percent of
the sum of the expected revenue, as described in paragraph (5)
for each of the crops on a farm, as determined by the
Secretary.
``(3) Supplemental revenue assistance program guarantee.--
``(A) In general.--Except as otherwise provided in this
paragraph, the supplemental assistance program guarantee shall
be the sum obtained by adding--
``(i) for each insurable commodity on the farm, 115
percent of the product obtained by multiplying--
``(I) a payment rate for the commodity that is
equal to the price election for the commodity elected
by the eligible producer;
``(II) the payment acres for the commodity that is
equal to the number of acres planted, or prevented from
being planted, to the commodity;
``(III) the payment yield for the commodity that is
equal to the percentage of the crop insurance yield
elected by the producer of the higher of--
``(aa) the adjusted actual production history
yield; or
``(bb) the counter-cyclical program payment
yield for each crop; and
``(ii) for each noninsurable commodity on a farm, 120
percent of the product obtained by multiplying--
``(I) a payment rate for the commodity that is
equal to 100 percent of the noninsured crop assistance
program established price for the commodity;
``(II) the payment acres for the commodity that is
equal to the number of acres planted, or prevented from
being planted, to the commodity; and
``(III) the payment yield for the commodity that is
equal to the higher of--
``(aa) the adjusted noninsured crop assistance
program yield guarantee; or
``(bb) the counter-cyclical program payment
yield for each crop.
``(B) Adjustment insurance guarantee.--Notwithstanding
subparagraph (A), in the case of an insurable commodity for
which a plan of insurance provides for an adjustment in the
guarantee, such as in the case of prevented planting, the
adjusted insurance guarantee shall be the basis for determining
the disaster assistance program guarantee for the insurable
commodity.
``(C) Adjusted assistance level.--Notwithstanding
subparagraph (A), in the case of a noninsurable commodity for
which the noninsured crop assistance program provides for an
adjustment in the level of assistance, such as in the case of
unharvested crops, the adjusted assistance level shall be the
basis for determining the disaster assistance program guarantee
for the noninsurable commodity.
``(D) Equitable treatment for non-yield based policies.--
The Secretary shall establish equitable treatment for non-yield
based policies and plans of insurance, such as the Adjusted
Gross Revenue Lite insurance program.
``(4) Farm revenue.--
``(A) In general.--For purposes of this subsection, the
total farm revenue for a farm, shall equal the sum obtained by
adding--
``(i) the estimated actual value for each crop produced
on a farm by using the product obtained by multiplying--
``(I) the actual crop acreage harvested by an
eligible producer on a farm;
``(II) the estimated actual yield of the crop
production; and
``(III) subject to subparagraphs (B) and (C), to
the extent practicable, the national average market
price received for the marketing year, as determined by
the Secretary;
``(ii) 15 percent of amount of any direct payments made
to the producer under sections 1103 and 1303 of the Food,
Conservation, and Energy Act of 2008 or successor sections;
``(iii) the total amount of any counter-cyclical
payments made to the producer under sections 1104 and 1304
of the Food, Conservation, and Energy Act of 2008 or
successor sections or of any average crop revenue election
payments made to the producer under section 1105 of that
Act;
``(iv) the total amount of any loan deficiency
payments, marketing loan gains, and marketing certificate
gains made to the producer under subtitles B and C of the
Food, Conservation, and Energy Act of 2008 or successor
subtitles;
``(v) the amount of payments for prevented planting on
a farm;
``(vi) the amount of crop insurance indemnities
received by an eligible producer on a farm for each crop on
a farm;
``(vii) the amount of payments an eligible producer on
a farm received under the noninsured crop assistance
program for each crop on a farm; and
``(viii) the value of any other natural disaster
assistance payments provided by the Federal Government to
an eligible producer on a farm for each crop on a farm for
the same loss for which the eligible producer is seeking
assistance.
``(B) Adjustment.--The Secretary shall adjust the average
market price received by the eligible producer on a farm--
``(i) to reflect the average quality discounts applied
to the local or regional market price of a crop or
mechanically harvested forage due to a reduction in the
intrinsic characteristics of the production resulting from
adverse weather, as determined annually by the State office
of the Farm Service Agency; and
``(ii) to account for a crop the value of which is
reduced due to excess moisture resulting from a disaster-
related condition.
``(C) Maximum amount for certain crops.--With respect to a
crop for which an eligible producer on a farm receives
assistance under the noninsured crop assistance program, the
national average market price received during the marketing
year shall be an amount not more than 100 percent of the price
of the crop established under the noninsured crop assistance
program.
``(5) Expected revenue.--The expected revenue for each crop on
a farm shall equal the sum obtained by adding--
``(A) the product obtained by multiplying--
``(i) the greatest of--
``(I) the adjusted actual production history yield
of the eligible producer on a farm; and
``(II) the counter-cyclical program payment yield;
``(ii) the acreage planted or prevented from being
planted for each crop; and
``(iii) 100 percent of the insurance price guarantee;
and
``(B) the product obtained by multiplying--
``(i) 100 percent of the adjusted noninsured crop
assistance program yield; and
``(ii) 100 percent of the noninsured crop assistance
program price for each of the crops on a farm.
``(c) Livestock Indemnity Payments.--
``(1) Payments.--The Secretary shall use such sums as are
necessary from the Trust Fund to make livestock indemnity payments
to eligible producers on farms that have incurred livestock death
losses in excess of the normal mortality due to adverse weather, as
determined by the Secretary, during the calendar year, including
losses due to hurricanes, floods, blizzards, disease, wildfires,
extreme heat, and extreme cold.
``(2) Payment rates.--Indemnity payments to an eligible
producer on a farm under paragraph (1) shall be made at a rate of
75 percent of the market value of the applicable livestock on the
day before the date of death of the livestock, as determined by the
Secretary.
``(d) Livestock Forage Disaster Program.--
``(1) Definitions.--In this subsection:
``(A) Covered livestock.--
``(i) In general.--Except as provided in clause (ii),
the term `covered livestock' means livestock of an eligible
livestock producer that, during the 60 days prior to the
beginning date of a qualifying drought or fire condition,
as determined by the Secretary, the eligible livestock
producer--
``(I) owned;
``(II) leased;
``(III) purchased;
``(IV) entered into a contract to purchase;
``(V) is a contract grower; or
``(VI) sold or otherwise disposed of due to
qualifying drought conditions during--
``(aa) the current production year; or
``(bb) subject to paragraph (3)(B)(ii), 1 or
both of the 2 production years immediately
preceding the current production year.
``(ii) Exclusion.--The term `covered livestock' does
not include livestock that were or would have been in a
feedlot, on the beginning date of the qualifying drought or
fire condition, as a part of the normal business operation
of the eligible livestock producer, as determined by the
Secretary.
``(B) Drought monitor.--The term `drought monitor' means a
system for classifying drought severity according to a range of
abnormally dry to exceptional drought, as defined by the
Secretary.
``(C) Eligible livestock producer.--
``(i) In general.--The term `eligible livestock
producer' means an eligible producer on a farm that--
``(I) is an owner, cash or share lessee, or
contract grower of covered livestock that provides the
pastureland or grazing land, including cash-leased
pastureland or grazing land, for the livestock;
``(II) provides the pastureland or grazing land for
covered livestock, including cash-leased pastureland or
grazing land that is physically located in a county
affected by drought;
``(III) certifies grazing loss; and
``(IV) meets all other eligibility requirements
established under this subsection.
``(ii) Exclusion.--The term `eligible livestock
producer' does not include an owner, cash or share lessee,
or contract grower of livestock that rents or leases
pastureland or grazing land owned by another person on a
rate-of-gain basis.
``(D) Normal carrying capacity.--The term `normal carrying
capacity', with respect to each type of grazing land or
pastureland in a county, means the normal carrying capacity, as
determined under paragraph (3)(D)(i), that would be expected
from the grazing land or pastureland for livestock during the
normal grazing period, in the absence of a drought or fire that
diminishes the production of the grazing land or pastureland.
``(E) Normal grazing period.--The term `normal grazing
period', with respect to a county, means the normal grazing
period during the calendar year for the county, as determined
under paragraph (3)(D)(i).
``(2) Program.--The Secretary shall use such sums as are
necessary from the Trust Fund to provide compensation for losses to
eligible livestock producers due to grazing losses for covered
livestock due to--
``(A) a drought condition, as described in paragraph (3);
or
``(B) fire, as described in paragraph (4).
``(3) Assistance for losses due to drought conditions.--
``(A) Eligible losses.--
``(i) In general.--An eligible livestock producer may
receive assistance under this subsection only for grazing
losses for covered livestock that occur on land that--
``(I) is native or improved pastureland with
permanent vegetative cover; or
``(II) is planted to a crop planted specifically
for the purpose of providing grazing for covered
livestock.
``(ii) Exclusions.--An eligible livestock producer may
not receive assistance under this subsection for grazing
losses that occur on land used for haying or grazing under
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.).
``(B) Monthly payment rate.--
``(i) In general.--Except as provided in clause (ii),
the payment rate for assistance under this paragraph for 1
month shall, in the case of drought, be equal to 60 percent
of the lesser of--
``(I) the monthly feed cost for all covered
livestock owned or leased by the eligible livestock
producer, as determined under subparagraph (C); or
``(II) the monthly feed cost calculated by using
the normal carrying capacity of the eligible grazing
land of the eligible livestock producer.
``(ii) Partial compensation.--In the case of an
eligible livestock producer that sold or otherwise disposed
of covered livestock due to drought conditions in 1 or both
of the 2 production years immediately preceding the current
production year, as determined by the Secretary, the
payment rate shall be 80 percent of the payment rate
otherwise calculated in accordance with clause (i).
``(C) Monthly feed cost.--
``(i) In general.--The monthly feed cost shall equal
the product obtained by multiplying--
``(I) 30 days;
``(II) a payment quantity that is equal to the feed
grain equivalent, as determined under clause (ii); and
``(III) a payment rate that is equal to the corn
price per pound, as determined under clause (iii).
``(ii) Feed grain equivalent.--For purposes of clause
(i)(I), the feed grain equivalent shall equal--
``(I) in the case of an adult beef cow, 15.7 pounds
of corn per day; or
``(II) in the case of any other type of weight of
livestock, an amount determined by the Secretary that
represents the average number of pounds of corn per day
necessary to feed the livestock.
``(iii) Corn price per pound.--For purposes of clause
(i)(II), the corn price per pound shall equal the quotient
obtained by dividing--
``(I) the higher of--
``(aa) the national average corn price per
bushel for the 12-month period immediately
preceding March 1 of the year for which the
disaster assistance is calculated; or
``(bb) the national average corn price per
bushel for the 24-month period immediately
preceding that March 1; by
``(II) 56.
``(D) Normal grazing period and drought monitor
intensity.--
``(i) FSA county committee determinations.--
``(I) In general.--The Secretary shall determine
the normal carrying capacity and normal grazing period
for each type of grazing land or pastureland in the
county served by the applicable committee.
``(II) Changes.--No change to the normal carrying
capacity or normal grazing period established for a
county under subclause (I) shall be made unless the
change is requested by the appropriate State and county
Farm Service Agency committees.
``(ii) Drought intensity.--
``(I) D2.--An eligible livestock producer that owns
or leases grazing land or pastureland that is
physically located in a county that is rated by the
U.S. Drought Monitor as having a D2 (severe drought)
intensity in any area of the county for at least 8
consecutive weeks during the normal grazing period for
the county, as determined by the Secretary, shall be
eligible to receive assistance under this paragraph in
an amount equal to 1 monthly payment using the monthly
payment rate determined under subparagraph (B).
``(II) D3.--An eligible livestock producer that
owns or leases grazing land or pastureland that is
physically located in a county that is rated by the
U.S. Drought Monitor as having at least a D3 (extreme
drought) intensity in any area of the county at any
time during the normal grazing period for the county,
as determined by the Secretary, shall be eligible to
receive assistance under this paragraph--
``(aa) in an amount equal to 2 monthly payments
using the monthly payment rate determined under
subparagraph (B); or
``(bb) if the county is rated as having a D3
(extreme drought) intensity in any area of the
county for at least 4 weeks during the normal
grazing period for the county, or is rated as
having a D4 (exceptional drought) intensity in any
area of the county at any time during the normal
grazing period, in an amount equal to 3 monthly
payments using the monthly payment rate determined
under subparagraph (B).
``(4) Assistance for losses due to fire on public managed
land.--
``(A) In general.--An eligible livestock producer may
receive assistance under this paragraph only if--
``(i) the grazing losses occur on rangeland that is
managed by a Federal agency; and
``(ii) the eligible livestock producer is prohibited by
the Federal agency from grazing the normal permitted
livestock on the managed rangeland due to a fire.
``(B) Payment rate.--The payment rate for assistance under
this paragraph shall be equal to 50 percent of the monthly feed
cost for the total number of livestock covered by the Federal
lease of the eligible livestock producer, as determined under
paragraph (3)(C).
``(C) Payment duration.--
``(i) In general.--Subject to clause (ii), an eligible
livestock producer shall be eligible to receive assistance
under this paragraph for the period--
``(I) beginning on the date on which the Federal
agency excludes the eligible livestock producer from
using the managed rangeland for grazing; and
``(II) ending on the last day of the Federal lease
of the eligible livestock producer.
``(ii) Limitation.--An eligible livestock producer may
only receive assistance under this paragraph for losses
that occur on not more than 180 days per year.
``(5) Minimum risk management purchase requirements.--
``(A) In general.--Except as otherwise provided in this
paragraph, a livestock producer shall only be eligible for
assistance under this subsection if the livestock producer--
``(i) obtained a policy or plan of insurance under
subtitle A for the grazing land incurring the losses for
which assistance is being requested; or
``(ii) filed the required paperwork, and paid the
administrative fee by the applicable State filing deadline,
for the noninsured crop assistance program for the grazing
land incurring the losses for which assistance is being
requested.
``(B) Waiver for socially disadvantaged, limited resource,
or beginning farmer or rancher.--In the case of an eligible
livestock producer that is a socially disadvantaged farmer or
rancher or limited resource or beginning farmer or rancher, as
determined by the Secretary, the Secretary may--
``(i) waive subparagraph (A); and
``(ii) provide disaster assistance under this section
at a level that the Secretary determines to be equitable
and appropriate.
``(C) Waiver for 2008 calendar year.--In the case of an
eligible livestock producer that suffered losses on grazing
land during the 2008 calendar year but does not meet the
requirements of subparagraph (A), the Secretary shall waive
subparagraph (A) if the eligible livestock producer pays a fee
in an amount equal to the applicable noninsured crop assistance
program fee or catastrophic risk protection plan fee required
under subparagraph (A) to the Secretary not later than 90 days
after the date of enactment of this subtitle.
``(D) Equitable relief.--
``(i) In general.--The Secretary may provide equitable
relief to an eligible livestock producer that is otherwise
ineligible or unintentionally fails to meet the
requirements of subparagraph (A) for the grazing land
incurring the loss on a case-by-case basis, as determined
by the Secretary.
``(ii) 2008 calendar year.--In the case of an eligible
livestock producer that suffered losses on grazing land
during the 2008 calendar year, the Secretary shall take
special consideration to provide equitable relief in cases
in which the eligible livestock producer failed to meet the
requirements of subparagraph (A) due to the enactment of
this subtitle after the closing date of sales periods for
crop insurance under subtitle A and the noninsured crop
assistance program.
``(6) No duplicative payments.--
``(A) In general.--An eligible livestock producer may elect
to receive assistance for grazing or pasture feed losses due to
drought conditions under paragraph (3) or fire under paragraph
(4), but not both for the same loss, as determined by the
Secretary.
``(B) Relationship to supplemental revenue assistance.--An
eligible livestock producer that receives assistance under this
subsection may not also receive assistance for losses to crops
on the same land with the same intended use under subsection
(b).
``(e) Emergency Assistance for Livestock, Honey Bees, and Farm-
Raised Fish.--
``(1) In general.--The Secretary shall use up to $50,000,000
per year from the Trust Fund to provide emergency relief to
eligible producers of livestock, honey bees, and farm-raised fish
to aid in the reduction of losses due to disease, adverse weather,
or other conditions, such as blizzards and wildfires, as determined
by the Secretary, that are not covered under subsection (b), (c),
or (d).
``(2) Use of funds.--Funds made available under this subsection
shall be used to reduce losses caused by feed or water shortages,
disease, or other factors as determined by the Secretary.
``(3) Availability of funds.--Any funds made available under
this subsection shall remain available until expended.
``(f) Tree Assistance Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible orchardist.--The term `eligible orchardist'
means a person that produces annual crops from trees for
commercial purposes.
``(B) Natural disaster.--The term `natural disaster' means
plant disease, insect infestation, drought, fire, freeze,
flood, earthquake, lightning, or other occurrence, as
determined by the Secretary.
``(C) Nursery tree grower.--The term `nursery tree grower'
means a person who produces nursery, ornamental, fruit, nut, or
Christmas trees for commercial sale, as determined by the
Secretary.
``(D) Tree.--The term `tree' includes a tree, bush, and
vine.
``(2) Eligibility.--
``(A) Loss.--Subject to subparagraph (B), the Secretary
shall provide assistance--
``(i) under paragraph (3) to eligible orchardists and
nursery tree growers that planted trees for commercial
purposes but lost the trees as a result of a natural
disaster, as determined by the Secretary; and
``(ii) under paragraph (3)(B) to eligible orchardists
and nursery tree growers that have a production history for
commercial purposes on planted or existing trees but lost
the trees as a result of a natural disaster, as determined
by the Secretary.
``(B) Limitation.--An eligible orchardist or nursery tree
grower shall qualify for assistance under subparagraph (A) only
if the tree mortality of the eligible orchardist or nursery
tree grower, as a result of damaging weather or related
condition, exceeds 15 percent (adjusted for normal mortality).
``(3) Assistance.--Subject to paragraph (4), the assistance
provided by the Secretary to eligible orchardists and nursery tree
growers for losses described in paragraph (2) shall consist of--
``(A)(i) reimbursement of 70 percent of the cost of
replanting trees lost due to a natural disaster, as determined
by the Secretary, in excess of 15 percent mortality (adjusted
for normal mortality); or
``(ii) at the option of the Secretary, sufficient seedlings
to reestablish a stand; and
``(B) reimbursement of 50 percent of the cost of pruning,
removal, and other costs incurred by an eligible orchardist or
nursery tree grower to salvage existing trees or, in the case
of tree mortality, to prepare the land to replant trees as a
result of damage or tree mortality due to a natural disaster,
as determined by the Secretary, in excess of 15 percent damage
or mortality (adjusted for normal tree damage and mortality).
``(4) Limitations on assistance.--
``(A) Definitions of legal entity and person.--In this
paragraph, the terms `legal entity' and `person' have the
meaning given those terms in section 1001(a) of the Food
Security Act of 1985 (7 U.S.C. 1308(a) (as amended by section
1603 of the Food, Conservation, and Energy Act of 2008).
``(B) Amount.--The total amount of payments received,
directly or indirectly, by a person or legal entity (excluding
a joint venture or general partnership) under this subsection
may not exceed $100,000 for any crop year, or an equivalent
value in tree seedlings.
``(C) Acres.--The total quantity of acres planted to trees
or tree seedlings for which a person or legal entity shall be
entitled to receive payments under this subsection may not
exceed 500 acres.
``(g) Risk Management Purchase Requirement.--
``(1) In general.--Except as otherwise provided in this
section, the eligible producers on a farm shall not be eligible for
assistance under this section (other than subsection (c)) if the
eligible producers on the farm--
``(A) in the case of each insurable commodity of the
eligible producers on the farm, did not obtain a policy or plan
of insurance under subtitle A (excluding a crop insurance pilot
program under that subtitle); or
``(B) in the case of each noninsurable commodity of the
eligible producers on the farm, did not file the required
paperwork, and pay the administrative fee by the applicable
State filing deadline, for the noninsured crop assistance
program.
``(2) Minimum.--To be considered to have obtained insurance
under paragraph (1)(A), an eligible producer on a farm shall have
obtained a policy or plan of insurance with not less than 50
percent yield coverage at 55 percent of the insurable price for
each crop grazed, planted, or intended to be planted for harvest on
a whole farm.
``(3) Waiver for socially disadvantaged, limited resource, or
beginning farmer or rancher.--With respect to eligible producers
that are socially disadvantaged farmers or ranchers or limited
resource or beginning farmers or ranchers, as determined by the
Secretary, the Secretary may--
``(A) waive paragraph (1); and
``(B) provide disaster assistance under this section at a
level that the Secretary determines to be equitable and
appropriate.
``(4) Waiver for 2008 crop year.--In the case of an eligible
producer that suffered losses in an insurable commodity or
noninsurable commodity during the 2008 crop year but does not meet
the requirements of paragraph (1), the Secretary shall waive
paragraph (1) if the eligible producer pays a fee in an amount
equal to the applicable noninsured crop assistance program fee or
catastrophic risk protection plan fee required under paragraph (1)
to the Secretary not later than 90 days after the date of enactment
of this subtitle.
``(5) Equitable relief.--
``(A) In general.--The Secretary may provide equitable
relief to eligible producers on a farm that are otherwise
ineligible or unintentionally fail to meet the requirements of
paragraph (1) for 1 or more crops on a farm on a case-by-case
basis, as determined by the Secretary.
``(B) 2008 crop year.--In the case of eligible producers on
a farm that suffered losses in an insurable commodity or
noninsurable commodity during the 2008 crop year, the Secretary
shall take special consideration to provide equitable relief in
cases in which the eligible producers failed to meet the
requirements of paragraph (1) due to the enactment of this
subtitle after the closing date of sales periods for crop
insurance under subtitle A and the noninsured crop assistance
program.
``(h) Payment Limitations.--
``(1) Definitions of legal entity and person.--In this
subsection, the terms `legal entity' and `person' have the meaning
given those terms in section 1001(a) of the Food Security Act of
1985 (7 U.S.C. 1308(a) (as amended by section 1603 of the Food,
Conservation, and Energy Act of 2008).
``(2) Amount.--The total amount of disaster assistance payments
received, directly or indirectly, by a person or legal entity
(excluding a joint venture or general partnership) under this
section (excluding payments received under subsection (f)) may not
exceed $100,000 for any crop year.
``(3) AGI limitation.--Section 1001D of the Food Security Act
of 1985 (7 U.S.C. 1308-3a) or any successor provision shall apply
with respect to assistance provided under this section.
``(4) Direct attribution.--Subsections (e) and (f) of section
1001 of the Food Security Act of 1985 (7 U.S.C. 1308) or any
successor provisions relating to direct attribution shall apply
with respect to assistance provided under this section.
``(i) Period of Effectiveness.--This section shall be effective
only for losses that are incurred as the result of a disaster, adverse
weather, or other environmental condition that occurs on or before
September 30, 2011, as determined by the Secretary.
``(j) No Duplicative Payments.--In implementing any other program
which makes disaster assistance payments (except for indemnities made
under subtitle A and section 196 of the Federal Agriculture Improvement
and Reform Act of 1996), the Secretary shall prevent duplicative
payments with respect to the same loss for which a person receives a
payment under subsections (b), (c), (d), (e), or (f).
``(k) Application.--
``(1) In general.--Subject to paragraph (2) and notwithstanding
any provision of subtitle A, subtitle A shall not apply to this
subtitle.
``(2) Cross references.--Paragraph (1) shall not apply to a
specific reference in this subtitle to a provision of subtitle
A.''.
(b) Transition.--For purposes of the 2008 crop year, the Secretary
shall carry out subsections (f)(4) and (h) of section 531 of the
Federal Crop Insurance Act (as added by subsection (a)) in accordance
with the terms and conditions of sections 1001 through 1001D of the
Food Security Act of 1985 (16 U.S.C. 1308 et seq.), as in effect on
September 30, 2007.
(c) Conforming Amendments.--
(1) Section 501 of the Federal Crop Insurance Act (7 U.S.C.
1501) is amended by striking the section heading and enumerator and
inserting the following:
``Subtitle A--Federal Crop Insurance Act
``SEC. 501. SHORT TITLE AND APPLICATION OF OTHER PROVISIONS.''.
(2) Subtitle A of the Federal Crop Insurance Act (as designated
under paragraph (1)) is amended--
(A) by striking ``This title'' each place it appears and
inserting ``This subtitle''; and
(B) by striking ``this title'' each place it appears and
inserting ``this subtitle''.
SEC. 12034. FISHERIES DISASTER ASSISTANCE.
Of the funds of the Commodity Credit Corporation, the Secretary of
Agriculture shall transfer to the Secretary of Commerce $170,000,000
for fiscal year 2008 for the National Marine Fisheries Service to
distribute to commercial and recreational members of the fishing
communities affected by the salmon fishery failure in the States of
California, Oregon, and Washington designated under section 312(a) of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1861a(a)) on May 1, 2008, in accordance with that section.
Subtitle B--Small Business Disaster Loan Program
SEC. 12051. SHORT TITLE.
This subtitle may be cited as the ``Small Business Disaster
Response and Loan Improvements Act of 2008''.
SEC. 12052. DEFINITIONS.
In this subtitle--
(1) the terms ``Administration'' and ``Administrator'' mean the
Small Business Administration and the Administrator thereof,
respectively;
(2) the term ``disaster area'' means an area affected by a
natural or other disaster, as determined for purposes of paragraph
(1) or (2) of section 7(b) of the Small Business Act (15 U.S.C.
636(b)), during the period of such declaration;
(3) the term ``disaster loan program of the Administration''
means assistance under section 7(b) of the Small Business Act (15
U.S.C. 636(b)), as amended by this Act;
(4) the term ``disaster update period'' means the period
beginning on the date on which the President declares a major
disaster (including any major disaster relating to which the
Administrator declares eligibility for additional disaster
assistance under paragraph (9) of section 7(b) of the Small
Business Act (15 U.S.C. 636(b)), as added by this Act) and ending
on the date on which such declaration terminates;
(5) the term ``major disaster'' has the meaning given that term
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122);
(6) the term ``small business concern'' has the meaning given
that term under section 3 of the Small Business Act (15 U.S.C.
632); and
(7) the term ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa,
and any territory or possession of the United States.
PART I--DISASTER PLANNING AND RESPONSE
SEC. 12061. ECONOMIC INJURY DISASTER LOANS TO NONPROFITS.
(a) In General.--Section 7(b)(2) of the Small Business Act (15
U.S.C. 636(b)(2)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting after ``small business concern'' the
following: ``, private nonprofit organization,''; and
(B) by inserting after ``the concern'' the following: ``,
the organization,''; and
(2) in subparagraph (D) by inserting after ``small business
concerns'' the following: ``, private nonprofit organizations,''.
(b) Conforming Amendment.--Section 7(c)(5)(C) of the Small Business
Act (15 U.S.C. 636(c)(5)(C)) is amended by inserting after ``business''
the following: ``, private nonprofit organization,''.
SEC. 12062. COORDINATION OF DISASTER ASSISTANCE PROGRAMS WITH FEMA.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 37 as section 44; and
(2) by inserting after section 36 the following:
``SEC. 37. COORDINATION OF DISASTER ASSISTANCE PROGRAMS WITH FEMA.
``(a) Coordination Required.--The Administrator shall ensure that
the disaster assistance programs of the Administration are coordinated,
to the maximum extent practicable, with the disaster assistance
programs of the Federal Emergency Management Agency.
``(b) Regulations Required.--The Administrator, in consultation
with the Administrator of the Federal Emergency Management Agency,
shall establish regulations to ensure that each application for
disaster assistance is submitted as quickly as practicable to the
Administration or directed to the appropriate agency under the
circumstances.
``(c) Completion; Revision.--The initial regulations shall be
completed not later than 270 days after the date of the enactment of
the Small Business Disaster Response and Loan Improvements Act of 2008.
Thereafter, the regulations shall be revised on an annual basis.
``(d) Report.--The Administrator shall include a report on the
regulations whenever the Administration submits the report required by
section 43.''.
SEC. 12063. PUBLIC AWARENESS OF DISASTER DECLARATION AND APPLICATION
PERIODS.
(a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting immediately after paragraph (3), the
following:
``(4) Coordination with fema.--
``(A) In general.--Notwithstanding any other provision of
law, for any disaster declared under this subsection or major
disaster (including any major disaster relating to which the
Administrator declares eligibility for additional disaster
assistance under paragraph (9)), the Administrator, in
consultation with the Administrator of the Federal Emergency
Management Agency, shall ensure, to the maximum extent
practicable, that all application periods for disaster relief
under this Act correspond with application deadlines
established under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), or as
extended by the President.
``(B) Deadlines.--Notwithstanding any other provision of
law, not later than 10 days before the closing date of an
application period for a major disaster (including any major
disaster relating to which the Administrator declares
eligibility for additional disaster assistance under paragraph
(9)), the Administrator, in consultation with the Administrator
of the Federal Emergency Management Agency, shall submit to the
Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of
Representatives a report that includes--
``(i) the deadline for submitting applications for
assistance under this Act relating to that major disaster;
``(ii) information regarding the number of loan
applications and disbursements processed by the
Administrator relating to that major disaster for each day
during the period beginning on the date on which that major
disaster was declared and ending on the date of that
report; and
``(iii) an estimate of the number of potential
applicants that have not submitted an application relating
to that major disaster.
``(5) Public awareness of disasters.--If a disaster is declared
under this subsection or the Administrator declares eligibility for
additional disaster assistance under paragraph (9), the
Administrator shall make every effort to communicate through radio,
television, print, and web-based outlets, all relevant information
needed by disaster loan applicants, including--
``(A) the date of such declaration;
``(B) cities and towns within the area of such declaration;
``(C) loan application deadlines related to such disaster;
``(D) all relevant contact information for victim services
available through the Administration (including links to small
business development center websites);
``(E) links to relevant Federal and State disaster
assistance websites, including links to websites providing
information regarding assistance available from the Federal
Emergency Management Agency;
``(F) information on eligibility criteria for
Administration loan programs, including where such applications
can be found; and
``(G) application materials that clearly state the function
of the Administration as the Federal source of disaster loans
for homeowners and renters.''.
(b) Marketing and Outreach.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall create a marketing
and outreach plan that--
(1) encourages a proactive approach to the disaster relief
efforts of the Administration;
(2) makes clear the services provided by the Administration,
including contact information, application information, and
timelines for submitting applications, the review of applications,
and the disbursement of funds;
(3) describes the different disaster loan programs of the
Administration, including how they are made available and the
eligibility requirements for each loan program;
(4) provides for regional marketing, focusing on disasters
occurring in each region before the date of enactment of this Act,
and likely scenarios for disasters in each such region; and
(5) ensures that the marketing plan is made available at small
business development centers and on the website of the
Administration.
(c) Technical and Conforming Amendments.--
(1) In general.--Section 3 of the Small Business Act (15 U.S.C.
632) is amended by adding at the end the following:
``(s) Major Disaster.--In this Act, the term `major disaster' has
the meaning given that term in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).''.
(2) Technical correction.--Section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)) is amended by striking
``Disaster Relief and Emergency Assistance Act'' and inserting
``Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.)''.
SEC. 12064. CONSISTENCY BETWEEN ADMINISTRATION REGULATIONS AND STANDARD
OPERATING PROCEDURES.
(a) In General.--The Administrator shall, promptly following the
date of enactment of this Act, conduct a study of whether the standard
operating procedures of the Administration for loans offered under
section 7(b) of the Small Business Act (15 U.S.C. 636(b)) are
consistent with the regulations of the Administration for administering
the disaster loan program.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to Congress a report
containing all findings and recommendations of the study conducted
under subsection (a).
SEC. 12065. INCREASING COLLATERAL REQUIREMENTS.
Section 7(c)(6) of the Small Business Act (15 U.S.C. 636(c)(6)) is
amended by striking ``$10,000 or less'' and inserting ``$14,000 or less
(or such higher amount as the Administrator determines appropriate in
the event of a major disaster)''.
SEC. 12066. PROCESSING DISASTER LOANS.
(a) Authority for Qualified Private Contractors to Process Disaster
Loans.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is
amended by inserting immediately after paragraph (5), as added by this
Act, the following:
``(6) Authority for qualified private contractors.--
``(A) Disaster loan processing.--The Administrator may
enter into an agreement with a qualified private contractor, as
determined by the Administrator, to process loans under this
subsection in the event of a major disaster (including any
major disaster relating to which the Administrator declares
eligibility for additional disaster assistance under paragraph
(9)), under which the Administrator shall pay the contractor a
fee for each loan processed.
``(B) Loan loss verification services.--The Administrator
may enter into an agreement with a qualified lender or loss
verification professional, as determined by the Administrator,
to verify losses for loans under this subsection in the event
of a major disaster (including any major disaster relating to
which the Administrator declares eligibility for additional
disaster assistance under paragraph (9)), under which the
Administrator shall pay the lender or verification professional
a fee for each loan for which such lender or verification
professional verifies losses.''.
(b) Coordination of Efforts Between the Administrator and the
Internal Revenue Service to Expedite Loan Processing.--The
Administrator and the Commissioner of Internal Revenue shall, to the
maximum extent practicable, ensure that all relevant and allowable tax
records for loan approval are shared with loan processors in an
expedited manner, upon request by the Administrator.
SEC. 12067. INFORMATION TRACKING AND FOLLOW-UP SYSTEM.
The Small Business Act is amended by inserting after section 37, as
added by this Act, the following:
``SEC. 38. INFORMATION TRACKING AND FOLLOW-UP SYSTEM FOR DISASTER
ASSISTANCE.
``(a) System Required.--The Administrator shall develop, implement,
or maintain a centralized information system to track communications
between personnel of the Administration and applicants for disaster
assistance. The system shall ensure that whenever an applicant for
disaster assistance communicates with such personnel on a matter
relating to the application, the following information is recorded:
``(1) The method of communication.
``(2) The date of communication.
``(3) The identity of the personnel.
``(4) A summary of the subject matter of the communication.
``(b) Follow-up Required.--The Administrator shall ensure that an
applicant for disaster assistance receives, by telephone, mail, or
electronic mail, follow-up communications from the Administration at
all critical stages of the application process, including the
following:
``(1) When the Administration determines that additional
information or documentation is required to process the
application.
``(2) When the Administration determines whether to approve or
deny the loan.
``(3) When the primary contact person managing the loan
application has changed.''.
SEC. 12068. INCREASED DEFERMENT PERIOD.
(a) In General.--Section 7 of the Small Business Act (15 U.S.C.
636) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (e), as so redesignated, the
following:
``(f) Additional Requirements for 7(b) Loans.--
``(1) Increased deferment authorized.--
``(A) In general.--In making loans under subsection (b),
the Administrator may provide, to the person receiving the
loan, an option to defer repayment on the loan.
``(B) Period.--The period of a deferment under subparagraph
(A) may not exceed 4 years.''.
(b) Technical and Conforming Amendments.--The Small Business Act
(15 U.S.C. 631 et seq.) is amended--
(1) in section 4(c)--
(A) in paragraph (1), by striking ``7(c)(2)'' and inserting
``7(d)(2)''; and
(B) in paragraph (2)--
(i) by striking ``7(c)(2)'' and inserting ``7(d)(2)'';
and
(ii) by striking ``7(e),''; and
(2) in section 7(b), in the undesignated matter following
paragraph (3)--
(A) by striking ``That the provisions of paragraph (1) of
subsection (c)'' and inserting ``That the provisions of
paragraph (1) of subsection (d)''; and
(B) by striking ``Notwithstanding the provisions of any
other law the interest rate on the Administration's share of
any loan made under subsection (b) except as provided in
subsection (c),'' and inserting ``Notwithstanding any other
provision of law, and except as provided in subsection (d), the
interest rate on the Administration's share of any loan made
under subsection (b)''.
SEC. 12069. DISASTER PROCESSING REDUNDANCY.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by
inserting after section 38, as added by this Act, the following:
``SEC. 39. DISASTER PROCESSING REDUNDANCY.
``(a) In General.--The Administrator shall ensure that the
Administration has in place a facility for disaster loan processing
that, whenever the Administration's primary facility for disaster loan
processing becomes unavailable, is able to take over all disaster loan
processing from that primary facility within 2 days.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 12070. NET EARNINGS CLAUSES PROHIBITED.
Section 7 of the Small Business Act (15 U.S.C. 636) is amended by
inserting after subsection (f), as added by this Act, the following:
``(g) Net Earnings Clauses Prohibited for 7(b) Loans.--In making
loans under subsection (b), the Administrator shall not require the
borrower to pay any non-amortized amount for the first five years after
repayment begins.''.
SEC. 12071. ECONOMIC INJURY DISASTER LOANS IN CASES OF ICE STORMS AND
BLIZZARDS.
Section 3(k)(2) of the Small Business Act (15 U.S.C. 632(k)(2)) is
amended--
(1) in subparagraph (A) by striking ``and'';
(2) in subparagraph (B) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) ice storms and blizzards.''.
SEC. 12072. DEVELOPMENT AND IMPLEMENTATION OF MAJOR DISASTER RESPONSE
PLAN.
(a) In General.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall--
(1) by rule, amend the 2006 Atlantic hurricane season disaster
response plan of the Administration (in this section referred to as
the ``disaster response plan'') to apply to major disasters; and
(2) submit a report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business
of the House of Representatives detailing the amendments to the
disaster response plan.
(b) Contents.--The report required under subsection (a)(2) shall
include--
(1) any updates or modifications made to the disaster response
plan since the report regarding the disaster response plan
submitted to Congress on July 14, 2006;
(2) a description of how the Administrator plans to use and
integrate District Office personnel of the Administration in the
response to a major disaster, including information on the use of
personnel for loan processing and loan disbursement;
(3) a description of the disaster scalability model of the
Administration and on what basis or function the plan is scaled;
(4) a description of how the agency-wide Disaster Oversight
Council is structured, which offices comprise its membership, and
whether the Associate Deputy Administrator for Entrepreneurial
Development of the Administration is a member;
(5) a description of how the Administrator plans to coordinate
the disaster efforts of the Administration with State and local
government officials, including recommendations on how to better
incorporate State initiatives or programs, such as State-
administered bridge loan programs, into the disaster response of
the Administration;
(6) recommendations, if any, on how the Administration can
better coordinate its disaster response operations with the
operations of other Federal, State, and local entities;
(7) any surge plan for the disaster loan program of the
Administration in effect on or after August 29, 2005 (including
surge plans for loss verification, loan processing, mailroom,
customer service or call center operations, and a continuity of
operations plan);
(8) the number of full-time equivalent employees and job
descriptions for the planning and disaster response staff of the
Administration;
(9) the in-service and preservice training procedures for
disaster response staff of the Administration;
(10) information on the logistical support plans of the
Administration (including equipment and staffing needs, and
detailed information on how such plans will be scalable depending
on the size and scope of the major disaster;
(11) a description of the findings and recommendations of the
Administrator, if any, based on a review of the response of the
Administration to Hurricane Katrina of 2005, Hurricane Rita of
2005, and Hurricane Wilma of 2005; and
(12) a plan for how the Administrator, in consultation with the
Administrator of the Federal Emergency Management Agency, will
coordinate the provision of accommodations and necessary resources
for disaster assistance personnel to effectively perform their
responsibilities in the aftermath of a major disaster.
(c) Biennial Disaster Simulation Exercise.--
(1) Exercise required.--The Administrator shall conduct a
disaster simulation exercise at least once every 2 fiscal years.
The exercise shall include the participation of, at a minimum, not
less than 50 percent of the individuals in the disaster reserve
corps and shall test, at maximum capacity, all of the information
technology and telecommunications systems of the Administration
that are vital to the activities of the Administration during such
a disaster.
(2) Report.--The Administrator shall include a report on the
disaster simulation exercises conducted under paragraph (1) each
time the Administration submits a report required under section 43
of the Small Business Act, as added by this Act.
SEC. 12073. DISASTER PLANNING RESPONSIBILITIES.
(a) Assignment of Small Business Administration Disaster Planning
Responsibilities.--The disaster planning function of the Administration
shall be assigned to an individual appointed by the Administrator who--
(1) is not an employee of the Office of Disaster Assistance of
the Administration;
(2) has proven management ability;
(3) has substantial knowledge in the field of disaster
readiness and emergency response; and
(4) has demonstrated significant experience in the area of
disaster planning.
(b) Responsibilities.--The individual assigned the disaster
planning function of the Administration shall report directly and
solely to the Administrator and shall be responsible for--
(1) creating, maintaining, and implementing the comprehensive
disaster response plan of the Administration described in section
12072;
(2) ensuring there are in-service and pre-service training
procedures for the disaster response staff of the Administration;
(3) coordinating and directing the training exercises of the
Administration relating to disasters, including disaster simulation
exercises and disaster exercises coordinated with other government
departments and agencies; and
(4) other responsibilities relevant to disaster planning and
readiness, as determined by the Administrator.
(c) Coordination.--In carrying out the responsibilities described
in subsection (b), the individual assigned the disaster planning
function of the Administration shall coordinate with--
(1) the Office of Disaster Assistance of the Administration;
(2) the Administrator of the Federal Emergency Management
Agency; and
(3) other Federal, State, and local disaster planning offices,
as necessary.
(d) Resources.--The Administrator shall ensure that the individual
assigned the disaster planning function of the Administration has
adequate resources to carry out the duties under this section.
(e) Report.--Not later than 30 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report containing--
(1) a description of the actions of the Administrator to assign
an individual the disaster planning function of the Administration;
(2) information detailing the background and expertise of the
individual assigned; and
(3) information on the status of the implementation of the
responsibilities described in subsection (b).
SEC. 12074. ASSIGNMENT OF EMPLOYEES OF THE OFFICE OF DISASTER
ASSISTANCE AND DISASTER CADRE.
(a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting immediately after paragraph (6), as
added by this Act, the following:
``(7) Disaster assistance employees.--
``(A) In general.--In carrying out this section, the
Administrator may, where practicable, ensure that the number of
full-time equivalent employees--
``(i) in the Office of the Disaster Assistance is not
fewer than 800; and
``(ii) in the Disaster Cadre of the Administration is
not fewer than 1,000.
``(B) Report.--In carrying out this subsection, if the
number of full-time employees for either the Office of Disaster
Assistance or the Disaster Cadre of the Administration is below
the level described in subparagraph (A) for that office, not
later than 21 days after the date on which that staffing level
decreased below the level described in subparagraph (A), the
Administrator shall submit to the Committee on Appropriations
and the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Appropriations and Committee on
Small Business of the House of Representatives, a report--
``(i) detailing staffing levels on that date;
``(ii) requesting, if practicable and determined
appropriate by the Administrator, additional funds for
additional employees; and
``(iii) containing such additional information, as
determined appropriate by the Administrator.''.
SEC. 12075. COMPREHENSIVE DISASTER RESPONSE PLAN.
The Small Business Act (15 U.S.C. 631 et seq.) is amended inserting
after section 39, as added by this Act, the following:
``SEC. 40. COMPREHENSIVE DISASTER RESPONSE PLAN.
``(a) Plan Required.--The Administrator shall develop, implement,
or maintain a comprehensive written disaster response plan. The plan
shall include the following:
``(1) For each region of the Administration, a description of
the disasters most likely to occur in that region.
``(2) For each disaster described under paragraph (1)--
``(A) an assessment of the disaster;
``(B) an assessment of the demand for Administration
assistance most likely to occur in response to the disaster;
``(C) an assessment of the needs of the Administration,
with respect to such resources as information technology,
telecommunications, human resources, and office space, to meet
the demand referred to in subparagraph (B); and
``(D) guidelines pursuant to which the Administration will
coordinate with other Federal agencies and with State and local
authorities to best respond to the demand referred to in
subparagraph (B) and to best use the resources referred to in
that subparagraph.
``(b) Completion; Revision.--The first plan required by subsection
(a) shall be completed not later than 180 days after the date of the
enactment of this section. Thereafter, the Administrator shall update
the plan on an annual basis and following any major disaster relating
to which the Administrator declares eligibility for additional disaster
assistance under section 7(b)(9).
``(c) Knowledge Required.--The Administrator shall carry out
subsections (a) and (b) through an individual with substantial
knowledge in the field of disaster readiness and emergency response.
``(d) Report.--The Administrator shall include a report on the plan
whenever the Administration submits the report required by section
43.''.
SEC. 12076. PLANS TO SECURE SUFFICIENT OFFICE SPACE.
The Small Business Act is amended by inserting after section 40, as
added by this Act, the following:
``SEC. 41. PLANS TO SECURE SUFFICIENT OFFICE SPACE.
``(a) Plans Required.--The Administrator shall develop long-term
plans to secure sufficient office space to accommodate an expanded
workforce in times of disaster.
``(b) Report.--The Administrator shall include a report on the
plans developed under subsection (a) each time the Administration
submits a report required under section 43.''.
SEC. 12077. APPLICANTS THAT HAVE BECOME A MAJOR SOURCE OF EMPLOYMENT
DUE TO CHANGED ECONOMIC CIRCUMSTANCES.
Section 7(b)(3)(E) of the Small Business Act (15 U.S.C.
636(b)(3)(E)) is amended by inserting after ``constitutes'' the
following: ``, or have become due to changed economic circumstances,''.
SEC. 12078. DISASTER LOAN AMOUNTS.
(a) Increased Loan Caps.--Section 7(b) of the Small Business Act
(15 U.S.C. 636(b)) is amended by inserting immediately after paragraph
(7), as added by this Act, the following:
``(8) Increased loan caps.--
``(A) Aggregate loan amounts.--Except as provided in
subparagraph (B), and notwithstanding any other provision of
law, the aggregate loan amount outstanding and committed to a
borrower under this subsection may not exceed $2,000,000.
``(B) Waiver authority.--The Administrator may, at the
discretion of the Administrator, increase the aggregate loan
amount under subparagraph (A) for loans relating to a disaster
to a level established by the Administrator, based on
appropriate economic indicators for the region in which that
disaster occurred.''.
(b) Disaster Mitigation.--
(1) In general.--Section 7(b)(1)(A) of the Small Business Act
(15 U.S.C. 636(b)(1)(A)) is amended by inserting ``of the aggregate
costs of such damage or destruction (whether or not compensated for
by insurance or otherwise)'' after ``20 per centum''.
(2) Effective date.--The amendment made by paragraph (1) shall
apply with respect to a loan or guarantee made after the date of
enactment of this Act.
(c) Technical Amendments.--Section 7(b) of the Small Business Act
(15 U.S.C. 636(b)) is amended--
(1) in the matter preceding paragraph (1), by striking ``the,
Administration'' and inserting ``the Administration''; and
(2) in the undesignated matter at the end--
(A) by striking ``, (2), and (4)'' and inserting ``and
(2)''; and
(B) by striking ``, (2), or (4)'' and inserting ``(2)''.
SEC. 12079. SMALL BUSINESS BONDING THRESHOLD.
(a) In General.--Except as provided in subsection (b), and
notwithstanding any other provision of law, for any procurement related
to a major disaster, the Administrator may, upon such terms and
conditions as the Administrator may prescribe, guarantee and enter into
commitments to guarantee any surety against loss resulting from a
breach of the terms of a bid bond, payment bond, performance bond, or
bonds ancillary thereto, by a principal on any total work order or
contract amount at the time of bond execution that does not exceed
$5,000,000.
(b) Increase of Amount.--Upon request of the head of any Federal
agency other than the Administration involved in reconstruction efforts
in response to a major disaster, the Administrator may guarantee and
enter into a commitment to guarantee any security against loss under
subsection (a) on any total work order or contract amount at the time
of bond execution that does not exceed $10,000,000.
(c) Limitation on Use of Other Funds.--The Administrator may carry
out this section only with amounts appropriated in advance specifically
to carry out this section.
PART II--DISASTER LENDING
SEC. 12081. ELIGIBILITY FOR ADDITIONAL DISASTER ASSISTANCE.
Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is
amended by inserting immediately after paragraph (8), as added by this
Act, the following:
``(9) Declaration of eligibility for additional disaster
assistance.--
``(A) In general.--If the President declares a major
disaster, the Administrator may declare eligibility for
additional disaster assistance in accordance with this
paragraph.
``(B) Threshold.--A major disaster for which the
Administrator declares eligibility for additional disaster
assistance under this paragraph shall--
``(i) have resulted in extraordinary levels of
casualties or damage or disruption severely affecting the
population (including mass evacuations), infrastructure,
environment, economy, national morale, or government
functions in an area;
``(ii) be comparable to the description of a
catastrophic incident in the National Response Plan of the
Administration, or any successor thereto, unless there is
no successor to such plan, in which case this clause shall
have no force or effect; and
``(iii) be of such size and scope that--
``(I) the disaster assistance programs under the
other paragraphs under this subsection are incapable of
providing adequate and timely assistance to individuals
or business concerns located within the disaster area;
or
``(II) a significant number of business concerns
outside the disaster area have suffered disaster-
related substantial economic injury as a result of the
incident.''.
SEC. 12082. ADDITIONAL ECONOMIC INJURY DISASTER LOAN ASSISTANCE.
Paragraph (9) of section 7(b) of the Small Business Act (15 U.S.C.
636(b)), as added by section 12081, is amended by adding at the end the
following:
``(C) Additional economic injury disaster loan
assistance.--
``(i) In general.--If the Administrator declares
eligibility for additional disaster assistance under this
paragraph, the Administrator may make such loans under this
subparagraph (either directly or in cooperation with banks
or other lending institutions through agreements to
participate on an immediate or deferred basis) as the
Administrator determines appropriate to eligible small
business concerns located anywhere in the United States.
``(ii) Processing time.--
``(I) In general.--If the Administrator determines
that the average processing time for applications for
disaster loans under this subparagraph relating to a
specific major disaster is more than 15 days, the
Administrator shall give priority to the processing of
such applications submitted by eligible small business
concerns located inside the disaster area, until the
Administrator determines that the average processing
time for such applications is not more than 15 days.
``(II) Suspension of applications from outside
disaster area.--If the Administrator determines that
the average processing time for applications for
disaster loans under this subparagraph relating to a
specific major disaster is more than 30 days, the
Administrator shall suspend the processing of such
applications submitted by eligible small business
concerns located outside the disaster area, until the
Administrator determines that the average processing
time for such applications is not more than 15 days.
``(iii) Loan terms.--A loan under this subparagraph
shall be made on the same terms as a loan under paragraph
(2).
``(D) Definitions.--In this paragraph--
``(i) the term `disaster area' means the area for which
the applicable major disaster was declared;
``(ii) the term `disaster-related substantial economic
injury' means economic harm to a business concern that
results in the inability of the business concern to--
``(I) meet its obligations as it matures;
``(II) meet its ordinary and necessary operating
expenses; or
``(III) market, produce, or provide a product or
service ordinarily marketed, produced, or provided by
the business concern because the business concern
relies on materials from the disaster area or sells or
markets in the disaster area; and
``(iii) the term `eligible small business concern'
means a small business concern--
``(I) that has suffered disaster-related
substantial economic injury as a result of the
applicable major disaster; and
``(II)(aa) for which not less than 25 percent of
the market share of that small business concern is from
business transacted in the disaster area;
``(bb) for which not less than 25 percent of an
input into a production process of that small business
concern is from the disaster area; or
``(cc) that relies on a provider located in the
disaster area for a service that is not readily
available elsewhere.''.
SEC. 12083. PRIVATE DISASTER LOANS.
(a) In General.--Section 7 of the Small Business Act (15 U.S.C.
636) is amended by inserting after subsection (b) the following:
``(c) Private Disaster Loans.--
``(1) Definitions.--In this subsection--
``(A) the term `disaster area' means any area for which the
President declared a major disaster relating to which the
Administrator declares eligibility for additional disaster
assistance under subsection (b)(9), during the period of that
major disaster declaration;
``(B) the term `eligible individual' means an individual
who is eligible for disaster assistance under subsection (b)(1)
relating to a major disaster relating to which the
Administrator declares eligibility for additional disaster
assistance under subsection (b)(9);
``(C) the term `eligible small business concern' means a
business concern that is--
``(i) a small business concern, as defined under this
Act; or
``(ii) a small business concern, as defined in section
103 of the Small Business Investment Act of 1958;
``(D) the term `preferred lender' means a lender
participating in the Preferred Lender Program;
``(E) the term `Preferred Lender Program' has the meaning
given that term in subsection (a)(2)(C)(ii); and
``(F) the term `qualified private lender' means any
privately-owned bank or other lending institution that--
``(i) is not a preferred lender; and
``(ii) the Administrator determines meets the criteria
established under paragraph (10).
``(2) Program required.--The Administrator shall carry out a
program, to be known as the Private Disaster Assistance program,
under which the Administration may guarantee timely payment of
principal and interest, as scheduled, on any loan made to an
eligible small business concern located in a disaster area and to
an eligible individual.
``(3) Use of loans.--A loan guaranteed by the Administrator
under this subsection may be used for any purpose authorized under
subsection (b).
``(4) Online applications.--
``(A) Establishment.--The Administrator may establish,
directly or through an agreement with another entity, an online
application process for loans guaranteed under this subsection.
``(B) Other federal assistance.--The Administrator may
coordinate with the head of any other appropriate Federal
agency so that any application submitted through an online
application process established under this paragraph may be
considered for any other Federal assistance program for
disaster relief.
``(C) Consultation.--In establishing an online application
process under this paragraph, the Administrator shall consult
with appropriate persons from the public and private sectors,
including private lenders.
``(5) Maximum amounts.--
``(A) Guarantee percentage.--The Administrator may
guarantee not more than 85 percent of a loan under this
subsection.
``(B) Loan amount.--The maximum amount of a loan guaranteed
under this subsection shall be $2,000,000.
``(6) Terms and conditions.--A loan guaranteed under this
subsection shall be made under the same terms and conditions as a
loan under subsection (b).
``(7) Lenders.--
``(A) In general.--A loan guaranteed under this subsection
made to--
``(i) a qualified individual may be made by a preferred
lender; and
``(ii) a qualified small business concern may be made
by a qualified private lender or by a preferred lender that
also makes loans to qualified individuals.
``(B) Compliance.--If the Administrator determines that a
preferred lender knowingly failed to comply with the
underwriting standards for loans guaranteed under this
subsection or violated the terms of the standard operating
procedure agreement between that preferred lender and the
Administration, the Administrator shall do 1 or more of the
following:
``(i) Exclude the preferred lender from participating
in the program under this subsection.
``(ii) Exclude the preferred lender from participating
in the Preferred Lender Program for a period of not more
than 5 years.
``(8) Fees.--
``(A) In general.--The Administrator may not collect a
guarantee fee under this subsection.
``(B) Origination fee.--The Administrator may pay a
qualified private lender or preferred lender an origination fee
for a loan guaranteed under this subsection in an amount agreed
upon in advance between the qualified private lender or
preferred lender and the Administrator.
``(9) Documentation.--A qualified private lender or preferred
lender may use its own loan documentation for a loan guaranteed by
the Administrator under this subsection, to the extent authorized
by the Administrator. The ability of a lender to use its own loan
documentation for a loan guaranteed under this subsection shall not
be considered part of the criteria for becoming a qualified private
lender under the regulations promulgated under paragraph (10).
``(10) Implementation regulations.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Small Business Disaster Response and Loan
Improvements Act of 2008, the Administrator shall issue final
regulations establishing permanent criteria for qualified
private lenders.
``(B) Report to congress.--Not later than 6 months after
the date of enactment of the Small Business Disaster Response
and Loan Improvements Act of 2008, the Administrator shall
submit a report on the progress of the regulations required by
subparagraph (A) to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives.
``(11) Authorization of appropriations.--
``(A) In general.--Amounts necessary to carry out this
subsection shall be made available from amounts appropriated to
the Administration to carry out subsection (b).
``(B) Authority to reduce interest rates and other terms
and conditions.--Funds appropriated to the Administration to
carry out this subsection, may be used by the Administrator to
meet the loan terms and conditions specified in paragraph (6).
``(12) Purchase of loans.--The Administrator may enter into an
agreement with a qualified private lender or preferred lender to
purchase any loan guaranteed under this subsection.''.
(b) Effective Date.--The amendments made by this section shall
apply to any major disaster declared on or after the date of enactment
of this Act.
SEC. 12084. IMMEDIATE DISASTER ASSISTANCE PROGRAM.
The Small Business Act is amended by inserting after section 41, as
added by this Act, the following:
``SEC. 42. IMMEDIATE DISASTER ASSISTANCE PROGRAM.
``(a) Program Required.--The Administrator shall carry out a
program, to be known as the Immediate Disaster Assistance program,
under which the Administration participates on a deferred (guaranteed)
basis in 85 percent of the balance of the financing outstanding at the
time of disbursement of the loan if such balance is less than or equal
to $25,000 for businesses affected by a disaster.
``(b) Eligibility Requirement.--To receive a loan guaranteed under
subsection (a), the applicant shall also apply for, and meet basic
eligibility standards for, a loan under subsection (b) or (c) of
section 7.
``(c) Use of Proceeds.--A person who receives a loan under
subsection (b) or (c) of section 7 shall use the proceeds of that loan
to repay all loans guaranteed under subsection (a), if any, before
using the proceeds for any other purpose.
``(d) Loan Terms.--
``(1) No prepayment penalty.--There shall be no prepayment
penalty on a loan guaranteed under subsection (a).
``(2) Repayment.--A person who receives a loan guaranteed under
subsection (a) and who is disapproved for a loan under subsection
(b) or (c) of section 7, as the case may be, shall repay the loan
guaranteed under subsection (a) not later than the date established
by the Administrator, which may not be earlier than 10 years after
the date on which the loan guaranteed under subsection is
disbursed.
``(e) Approval or Disapproval.--The Administrator shall ensure that
each applicant for a loan under the program receives a decision
approving or disapproving of the application within 36 hours after the
Administration receives the application.''.
SEC. 12085. EXPEDITED DISASTER ASSISTANCE LOAN PROGRAM.
(a) Definition.--In this section, the term ``program'' means the
expedited disaster assistance business loan program established under
subsection (b).
(b) Creation of Program.--The Administrator shall take such
administrative action as is necessary to establish and implement an
expedited disaster assistance business loan program under which the
Administration may, on an expedited basis, guarantee timely payment of
principal and interest, as scheduled on any loan made to an eligible
small business concern under paragraph (9) of section 7(b) of the Small
Business Act (15 U.S.C. 636(b)), as added by this Act.
(c) Consultation Required.--In establishing the program, the
Administrator shall consult with--
(1) appropriate personnel of the Administration (including
District Office personnel of the Administration);
(2) appropriate technical assistance providers (including small
business development centers);
(3) appropriate lenders and credit unions;
(4) the Committee on Small Business and Entrepreneurship of the
Senate; and
(5) the Committee on Small Business of the House of
Representatives.
(d) Rules.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall issue rules in final
form establishing and implementing the program in accordance with
this section. Such rules shall apply as provided for in this
section, beginning 90 days after their issuance in final form.
(2) Contents.--The rules promulgated under paragraph (1)
shall--
(A) identify whether appropriate uses of funds under the
program may include--
(i) paying employees;
(ii) paying bills and other financial obligations;
(iii) making repairs;
(iv) purchasing inventory;
(v) restarting or operating a small business concern in
the community in which it was conducting operations prior
to the applicable major disaster, or to a neighboring area,
county, or parish in the disaster area; or
(vi) covering additional costs until the small business
concern is able to obtain funding through insurance claims,
Federal assistance programs, or other sources; and
(B) set the terms and conditions of any loan made under the
program, subject to paragraph (3).
(3) Terms and conditions.--A loan guaranteed by the
Administration under this section--
(A) shall be for not more than $150,000;
(B) shall be a short-term loan, not to exceed 180 days,
except that the Administrator may extend such term as the
Administrator determines necessary or appropriate on a case-by-
case basis;
(C) shall have an interest rate not to exceed 300 basis
points above the interest rate established by the Board of
Governors of the Federal Reserve System that 1 bank charges
another for reserves that are lent on an overnight basis on the
date the loan is made;
(D) shall have no prepayment penalty;
(E) may only be made to a borrower that meets the
requirements for a loan under section 7(b) of the Small
Business Act (15 U.S.C. 636(b)), as amended by this Act;
(F) may be refinanced as part of any subsequent disaster
assistance provided under section 7(b) of the Small Business
Act (15 U.S.C. 636(b)), as amended by this Act;
(G) may receive expedited loss verification and loan
processing, if the applicant is--
(i) a major source of employment in the disaster area
(which shall be determined in the same manner as under
section 7(b)(3)(B) of the Small Business Act (15 U.S.C.
636(b)(3)(B))); or
(ii) vital to recovery efforts in the region (including
providing debris removal services, manufactured housing, or
building materials); and
(H) shall be subject to such additional terms as the
Administrator determines necessary or appropriate.
(e) Report to Congress.--Not later than 5 months after the date of
enactment of this Act, the Administrator shall report to the Committee
on Small Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives on the progress of
the Administrator in establishing the program.
(f) Authorization.--There are authorized to be appropriated to the
Administrator such sums as are necessary to carry out this section.
SEC. 12086. GULF COAST DISASTER LOAN REFINANCING PROGRAM.
(a) In General.--The Administrator may carry out a program to
refinance Gulf Coast disaster loans (in this section referred to as the
``program'').
(b) Terms.--The terms of a Gulf Coast disaster loan refinanced
under the program shall be identical to the terms of the original loan,
except that the Administrator may provide an option to defer repayment
on the loan. A deferment under the program shall end not later than 4
years after the date on which the initial disbursement under the
original loan was made.
(c) Amount.--The amount of a Gulf Coast disaster loan refinanced
under the program shall not exceed the amount of the original loan.
(d) Disclosure of Accrued Interest.--If the Administrator provides
an option to defer repayment under the program, the Administrator shall
disclose the accrued interest that must be paid under the option.
(e) Definition.--In this section, the term ``Gulf Coast disaster
loan'' means a loan--
(1) made under section 7(b) of the Small Business Act (15
U.S.C. 636(b));
(2) in response to Hurricane Katrina of 2005, Hurricane Rita of
2005, or Hurricane Wilma of 2005; and
(3) to a small business concern located in a county or parish
designated by the Administrator as a disaster area by reason of a
hurricane described in paragraph (2) under disaster declaration
10176, 10177, 10178, 10179, 10180, 10181, 10203, 10204, 10205,
10206, 10222, or 10223.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
PART III--MISCELLANEOUS
SEC. 12091. REPORTS ON DISASTER ASSISTANCE.
(a) Monthly Accounting Report to Congress.--
(1) Reporting requirements.--Not later than the fifth business
day of each month during the applicable period for a major
disaster, the Administrator shall submit to the Committee on Small
Business and Entrepreneurship and the Committee on Appropriations
of the Senate and to the Committee on Small Business and the
Committee on Appropriations of the House of Representatives a
report on the operation of the disaster loan program authorized
under section 7 of the Small Business Act (15 U.S.C. 636) for that
major disaster during the preceding month.
(2) Contents.--Each report submitted under paragraph (1) shall
include--
(A) the daily average lending volume, in number of loans
and dollars, and the percent by which each category has
increased or decreased since the previous report under
paragraph (1);
(B) the weekly average lending volume, in number of loans
and dollars, and the percent by which each category has
increased or decreased since the previous report under
paragraph (1);
(C) the amount of funding spent over the month for loans,
both in appropriations and program level, and the percent by
which each category has increased or decreased since the
previous report under paragraph (1);
(D) the amount of funding available for loans, both in
appropriations and program level, and the percent by which each
category has increased or decreased since the previous report
under paragraph (1), noting the source of any additional
funding;
(E) an estimate of how long the available funding for such
loans will last, based on the spending rate;
(F) the amount of funding spent over the month for staff,
along with the number of staff, and the percent by which each
category has increased or decreased since the previous report
under paragraph (1);
(G) the amount of funding spent over the month for
administrative costs, and the percent by which such spending
has increased or decreased since the previous report under
paragraph (1);
(H) the amount of funding available for salaries and
expenses combined, and the percent by which such funding has
increased or decreased since the previous report under
paragraph (1), noting the source of any additional funding; and
(I) an estimate of how long the available funding for
salaries and expenses will last, based on the spending rate.
(b) Weekly Disaster Updates to Congress for Presidentially Declared
Disasters.--
(1) In general.--Each week during a disaster update period, the
Administration shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and to the Committee on Small
Business of the House of Representatives a report on the operation
of the disaster loan program of the Administration for the area in
which the President declared a major disaster.
(2) Contents.--Each report submitted under paragraph (1) shall
include--
(A) the number of Administration staff performing loan
processing, field inspection, and other duties for the declared
disaster, and the allocations of such staff in the disaster
field offices, disaster recovery centers, workshops, and other
Administration offices nationwide;
(B) the daily number of applications received from
applicants in the relevant area, as well as a breakdown of such
figures by State;
(C) the daily number of applications pending application
entry from applicants in the relevant area, as well as a
breakdown of such figures by State;
(D) the daily number of applications withdrawn by
applicants in the relevant area, as well as a breakdown of such
figures by State;
(E) the daily number of applications summarily declined by
the Administration from applicants in the relevant area, as
well as a breakdown of such figures by State;
(F) the daily number of applications declined by the
Administration from applicants in the relevant area, as well as
a breakdown of such figures by State;
(G) the daily number of applications in process from
applicants in the relevant area, as well as a breakdown of such
figures by State;
(H) the daily number of applications approved by the
Administration from applicants in the relevant area, as well as
a breakdown of such figures by State;
(I) the daily dollar amount of applications approved by the
Administration from applicants in the relevant area, as well as
a breakdown of such figures by State;
(J) the daily amount of loans dispersed, both partially and
fully, by the Administration to applicants in the relevant
area, as well as a breakdown of such figures by State;
(K) the daily dollar amount of loans disbursed, both
partially and fully, from the relevant area, as well as a
breakdown of such figures by State;
(L) the number of applications approved, including dollar
amount approved, as well as applications partially and fully
disbursed, including dollar amounts, since the last report
under paragraph (1); and
(M) the declaration date, physical damage closing date,
economic injury closing date, and number of counties included
in the declaration of a major disaster.
(c) Periods When Additional Disaster Assistance Is Made
Available.--
(1) In general.--During any period for which the Administrator
declares eligibility for additional disaster assistance under
paragraph (9) of section 7(b) of the Small Business Act (15 U.S.C.
632(b)), as amended by this Act, the Administrator shall, on a
monthly basis, submit to the Committee on Small Business and
Entrepreneurship of the Senate and to the Committee on Small
Business of the House of Representatives a report on the disaster
assistance operations of the Administration with respect to the
applicable major disaster.
(2) Contents.--Each report submitted under paragraph (1) shall
specify--
(A) the number of applications for disaster assistance
distributed;
(B) the number of applications for disaster assistance
received;
(C) the average time for the Administration to approve or
disapprove an application for disaster assistance;
(D) the amount of disaster loans approved;
(E) the average time for initial disbursement of disaster
loan proceeds; and
(F) the amount of disaster loan proceeds disbursed.
(d) Notice of the Need for Supplemental Funds.--On the same date
that the Administrator notifies any committee of the Senate or the
House of Representatives that supplemental funding is necessary for the
disaster loan program of the Administration in any fiscal year, the
Administrator shall notify in writing the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small Business
of the House of Representatives regarding the need for supplemental
funds for that loan program.
(e) Report on Contracting.--
(1) In general.--Not later than 6 months after the date on
which the President declares a major disaster, and every 6 months
thereafter until the date that is 18 months after the date on which
the major disaster was declared, the Administrator shall submit a
report to the Committee on Small Business and Entrepreneurship of
the Senate and to the Committee on Small Business of the House of
Representatives regarding Federal contracts awarded as a result of
that major disaster.
(2) Contents.--Each report submitted under paragraph (1) shall
include--
(A) the total number of contracts awarded as a result of
that major disaster;
(B) the total number of contracts awarded to small business
concerns as a result of that major disaster;
(C) the total number of contracts awarded to women and
minority-owned businesses as a result of that major disaster;
and
(D) the total number of contracts awarded to local
businesses as a result of that major disaster.
(f) Report on Loan Approval Rate.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall submit a report to
the Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of Representatives
detailing how the Administration can improve the processing of
applications under the disaster loan program of the Administration.
(2) Contents.--The report submitted under paragraph (1) shall
include--
(A) recommendations, if any, regarding--
(i) staffing levels during a major disaster;
(ii) how to improve the process for processing,
approving, and disbursing loans under the disaster loan
program of the Administration, to ensure that the maximum
assistance is provided to victims in a timely manner;
(iii) the viability of using alternative methods for
assessing the ability of an applicant to repay a loan,
including the credit score of the applicant on the day
before the date on which the disaster for which the
applicant is seeking assistance was declared;
(iv) methods, if any, for the Administration to
expedite loss verification and loan processing of disaster
loans during a major disaster for businesses affected by,
and located in the area for which the President declared,
the major disaster that are a major source of employment in
the area or are vital to recovery efforts in the region
(including providing debris removal services, manufactured
housing, or building materials);
(v) legislative changes, if any, needed to implement
findings from the Accelerated Disaster Response Initiative
of the Administration; and
(vi) a description of how the Administration plans to
integrate and coordinate the response to a major disaster
with the technical assistance programs of the
Administration; and
(B) the plans of the Administrator for implementing any
recommendation made under subparagraph (A).
(g) Reports on Disaster Assistance.--The Small Business Act is
amended by inserting after section 42, as added by this Act, the
following:
``SEC. 43. ANNUAL REPORTS ON DISASTER ASSISTANCE.
``Not later than 45 days after the end of a fiscal year, the
Administrator shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of
the House of Representatives a report on the disaster assistance
operations of the Administration for that fiscal year. The report
shall--
``(1) specify the number of Administration personnel involved
in such operations;
``(2) describe any material changes to those operations, such
as changes to technologies used or to personnel responsibilities;
``(3) describe and assess the effectiveness of the
Administration in responding to disasters during that fiscal year,
including a description of the number and amounts of loans made for
damage and for economic injury; and
``(4) describe the plans of the Administration for preparing to
respond to disasters during the next fiscal year.''.
TITLE XIII--COMMODITY FUTURES
SEC. 13001. SHORT TITLE.
This title may be cited as the ``CFTC Reauthorization Act of
2008''.
Subtitle A--General Provisions
SEC. 13101. COMMISSION AUTHORITY OVER AGREEMENTS, CONTRACTS OR
TRANSACTIONS IN FOREIGN CURRENCY.
(a) In General.--Section 2(c)(2) of the Commodity Exchange Act (7
U.S.C. 2(c)(2)) is amended by striking subparagraphs (B) and (C) and
inserting the following:
``(B) Agreements, contracts, and transactions in retail
foreign currency.--
``(i) This Act applies to, and the Commission shall
have jurisdiction over, an agreement, contract, or
transaction in foreign currency that--
``(I) is a contract of sale of a commodity for
future delivery (or an option on such a contract) or an
option (other than an option executed or traded on a
national securities exchange registered pursuant to
section 6(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78f(a))); and
``(II) is offered to, or entered into with, a
person that is not an eligible contract participant,
unless the counterparty, or the person offering to be
the counterparty, of the person is--
``(aa) a financial institution;
``(bb)(AA) a broker or dealer registered under
section 15(b) (except paragraph (11) thereof) or
15C of the Securities Exchange Act of 1934 (15
U.S.C. 78o(b), 78o-5); or
``(BB) an associated person of a broker or
dealer registered under section 15(b) (except
paragraph (11) thereof) or 15C of the Securities
Exchange Act of 1934 (15 U.S.C. 78o(b), 78o-5)
concerning the financial or securities activities
of which the broker or dealer makes and keeps
records under section 15C(b) or 17(h) of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-
5(b), 78q(h));
``(cc)(AA) a futures commission merchant that
is primarily or substantially engaged in the
business activities described in section 1a(20) of
this Act, is registered under this Act, is not a
person described in item (bb) of this subclause,
and maintains adjusted net capital equal to or in
excess of the dollar amount that applies for
purposes of clause (ii) of this subparagraph; or
``(BB) an affiliated person of a futures
commission merchant that is primarily or
substantially engaged in the business activities
described in section 1a(20) of this Act, is
registered under this Act, and is not a person
described in item (bb) of this subclause, if the
affiliated person maintains adjusted net capital
equal to or in excess of the dollar amount that
applies for purposes of clause (ii) of this
subparagraph and is not a person described in such
item (bb), and the futures commission merchant
makes and keeps records under section 4f(c)(2)(B)
of this Act concerning the futures and other
financial activities of the affiliated person;
``(dd) an insurance company described in
section 1a(12)(A)(ii) of this Act, or a regulated
subsidiary or affiliate of such an insurance
company;
``(ee) a financial holding company (as defined
in section 2 of the Bank Holding Company Act of
1956);
``(ff) an investment bank holding company (as
defined in section 17(i) of the Securities Exchange
Act of 1934 (15 U.S.C. 78q(i))); or
``(gg) a retail foreign exchange dealer that
maintains adjusted net capital equal to or in
excess of the dollar amount that applies for
purposes of clause (ii) of this subparagraph and is
registered in such capacity with the Commission,
subject to such terms and conditions as the
Commission shall prescribe, and is a member of a
futures association registered under section 17.
``(ii) The dollar amount that applies for purposes of
this clause is--
``(I) $10,000,000, beginning 120 days after the
date of the enactment of this clause;
``(II) $15,000,000, beginning 240 days after such
date of enactment; and
``(III) $20,000,000, beginning 360 days after such
date of enactment.
``(iii) Notwithstanding items (cc) and (gg) of clause
(i)(II) of this subparagraph, agreements, contracts, or
transactions described in clause (i) of this subparagraph
shall be subject to subsection (a)(1)(B) of this section
and sections 4(b), 4b, 4c(b), 4o, 6(c) and 6(d) (except to
the extent that sections 6(c) and 6(d) prohibit
manipulation of the market price of any commodity in
interstate commerce, or for future delivery on or subject
to the rules of any market), 6c, 6d, 8(a), 13(a), and 13(b)
if the agreements, contracts, or transactions are offered,
or entered into, by a person that is registered as a
futures commission merchant or retail foreign exchange
dealer, or an affiliated person of a futures commission
merchant registered under this Act that is not also a
person described in any of item (aa), (bb), (dd), (ee), or
(ff) of clause (i)(II) of this subparagraph.
``(iv)(I) Notwithstanding items (cc) and (gg) of clause
(i)(II), a person, unless registered in such capacity as
the Commission by rule, regulation, or order shall
determine and a member of a futures association registered
under section 17, shall not--
``(aa) solicit or accept orders from any person
that is not an eligible contract participant in
connection with agreements, contracts, or transactions
described in clause (i) entered into with or to be
entered into with a person who is not described in item
(aa), (bb), (dd), (ee), or (ff) of clause (i)(II);
``(bb) exercise discretionary trading authority or
obtain written authorization to exercise discretionary
trading authority over any account for or on behalf of
any person that is not an eligible contract participant
in connection with agreements, contracts, or
transactions described in clause (i) entered into with
or to be entered into with a person who is not
described in item (aa), (bb), (dd), (ee), or (ff) of
clause (i)(II); or
``(cc) operate or solicit funds, securities, or
property for any pooled investment vehicle that is not
an eligible contract participant in connection with
agreements, contracts, or transactions described in
clause (i) entered into with or to be entered into with
a person who is not described in item (aa), (bb), (dd),
(ee), or (ff) of clause (i)(II).
``(II) Subclause (I) of this clause shall not apply
to--
``(aa) any person described in any of item (aa),
(bb), (dd), (ee), or (ff) of clause (i)(II);
``(bb) any such person's associated persons; or
``(cc) any person who would be exempt from
registration if engaging in the same activities in
connection with transactions conducted on or subject to
the rules of a contract market or a derivatives
transaction execution facility.
``(III) Notwithstanding items (cc) and (gg) of clause
(i)(II), the Commission may make, promulgate, and enforce
such rules and regulations as, in the judgment of the
Commission, are reasonably necessary to effectuate any of
the provisions of, or to accomplish any of the purposes of,
this Act in connection with the activities of persons
subject to subclause (I).
``(IV) Subclause (III) of this clause shall not apply
to--
``(aa) any person described in any of item (aa)
through (ff) of clause (i)(II);
``(bb) any such person's associated persons; or
``(cc) any person who would be exempt from
registration if engaging in the same activities in
connection with transactions conducted on or subject to
the rules of a contract market or a derivatives
transaction execution facility.
``(v) Notwithstanding items (cc) and (gg) of clause
(i)(II), the Commission may make, promulgate, and enforce
such rules and regulations as, in the judgment of the
Commission, are reasonably necessary to effectuate any of
the provisions of, or to accomplish any of the purposes of,
this Act in connection with agreements, contracts, or
transactions described in clause (i) which are offered, or
entered into, by a person described in item (cc) or (gg) of
clause (i)(II).
``(C)(i)(I) This subparagraph shall apply to any agreement,
contract, or transaction in foreign currency that is--
``(aa) offered to, or entered into with, a person
that is not an eligible contract participant (except
that this subparagraph shall not apply if the
counterparty, or the person offering to be the
counterparty, of the person that is not an eligible
contract participant is a person described in any of
item (aa), (bb), (dd), (ee), or (ff) of subparagraph
(B)(i)(II)); and
``(bb) offered, or entered into, on a leveraged or
margined basis, or financed by the offeror, the
counterparty, or a person acting in concert with the
offeror or counterparty on a similar basis.
``(II) Subclause (I) of this clause shall not apply to--
``(aa) a security that is not a security futures
product; or
``(bb) a contract of sale that--
``(AA) results in actual delivery within 2 days; or
``(BB) creates an enforceable obligation to deliver
between a seller and buyer that have the ability to
deliver and accept delivery, respectively, in
connection with their line of business.
``(ii)(I) Agreements, contracts, or transactions described
in clause (i) of this subparagraph shall be subject to
subsection (a)(1)(B) of this section and sections 4(b), 4b,
4c(b), 4o, 6(c) and 6(d) (except to the extent that sections
6(c) and 6(d) prohibit manipulation of the market price of any
commodity in interstate commerce, or for future delivery on or
subject to the rules of any market), 6c, 6d, 8(a), 13(a), and
13(b).
``(II) Subclause (I) of this clause shall not apply to--
``(aa) any person described in any of item (aa), (bb),
(dd), (ee), or (ff) of subparagraph (B)(i)(II); or
``(bb) any such person's associated persons.
``(III) The Commission may make, promulgate, and enforce
such rules and regulations as, in the judgment of the
Commission, are reasonably necessary to effectuate any of the
provisions of or to accomplish any of the purposes of this Act
in connection with agreements, contracts, or transactions
described in clause (i) of this subparagraph if the agreements,
contracts, or transactions are offered, or entered into, by a
person that is not described in item (aa) through (ff) of
subparagraph (B)(i)(II).
``(iii)(I) A person, unless registered in such capacity as
the Commission by rule, regulation, or order shall determine
and a member of a futures association registered under section
17, shall not--
``(aa) solicit or accept orders from any person that is
not an eligible contract participant in connection with
agreements, contracts, or transactions described in clause
(i) of this subparagraph entered into with or to be entered
into with a person who is not described in item (aa), (bb),
(dd), (ee), or (ff) of subparagraph (B)(i)(II);
``(bb) exercise discretionary trading authority or
obtain written authorization to exercise written trading
authority over any account for or on behalf of any person
that is not an eligible contract participant in connection
with agreements, contracts, or transactions described in
clause (i) of this subparagraph entered into with or to be
entered into with a person who is not described in item
(aa), (bb), (dd), (ee), or (ff) of subparagraph (B)(i)(II);
or
``(cc) operate or solicit funds, securities, or
property for any pooled investment vehicle that is not an
eligible contract participant in connection with
agreements, contracts, or transactions described in clause
(i) of this subparagraph entered into with or to be entered
into with a person who is not described in item (aa), (bb),
(dd), (ee), or (ff) of subparagraph (B)(i)(II).
``(II) Subclause (I) of this clause shall not apply to--
``(aa) any person described in item (aa), (bb), (dd),
(ee), or (ff) of subparagraph (B)(i)(II);
``(bb) any such person's associated persons; or
``(cc) any person who would be exempt from registration
if engaging in the same activities in connection with
transactions conducted on or subject to the rules of a
contract market or a derivatives transaction execution
facility.
``(III) The Commission may make, promulgate, and enforce
such rules and regulations as, in the judgment of the
Commission, are reasonably necessary to effectuate any of the
provisions of, or to accomplish any of the purposes of, this
Act in connection with the activities of persons subject to
subclause (I).
``(IV) Subclause (III) of this clause shall not apply to--
``(aa) any person described in item (aa) through (ff)
of subparagraph (B)(i)(II);
``(bb) any such person's associated persons; or
``(cc) any person who would be exempt from registration
if engaging in the same activities in connection with
transactions conducted on or subject to the rules of a
contract market or a derivatives transaction execution
facility.
``(iv) Sections 4(b) and 4b shall apply to any agreement,
contract, or transaction described in clause (i) of this
subparagraph as if the agreement, contract, or transaction were
a contract of sale of a commodity for future delivery.
``(v) This subparagraph shall not be construed to limit any
jurisdiction that the Commission may otherwise have under any
other provision of this Act over an agreement, contract, or
transaction that is a contract of sale of a commodity for
future delivery.
``(vi) This subparagraph shall not be construed to limit
any jurisdiction that the Commission or the Securities and
Exchange Commission may otherwise have under any other
provision of this Act with respect to security futures products
and persons effecting transactions in security futures
products.''.
(b) Effective Date.--The following provisions of the Commodity
Exchange Act, as amended by subsection (a) of this section, shall be
effective 120 days after the date of the enactment of this Act or at
such other time as the Commodity Futures Trading Commission shall
determine:
(1) Subparagraphs (B)(i)(II)(gg), (B)(iv), and (C)(iii) of
section 2(c)(2).
(2) The provisions of section 2(c)(2)(B)(i)(II)(cc) that set
forth adjusted net capital requirements, and the provisions of such
section that require a futures commission merchant to be primarily
or substantially engaged in certain business activities.
SEC. 13102. ANTI-FRAUD AUTHORITY OVER PRINCIPAL-TO-PRINCIPAL
TRANSACTIONS.
Section 4b of the Commodity Exchange Act (7 U.S.C. Section 6b) is
amended--
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively; and
(2) by striking all through the end of subsection (a) and
inserting the following:
``SEC. 4b. CONTRACTS DESIGNED TO DEFRAUD OR MISLEAD.
``(a) Unlawful Actions.--It shall be unlawful--
``(1) for any person, in or in connection with any order to
make, or the making of, any contract of sale of any commodity in
interstate commerce or for future delivery that is made, or to be
made, on or subject to the rules of a designated contract market,
for or on behalf of any other person; or
``(2) for any person, in or in connection with any order to
make, or the making of, any contract of sale of any commodity for
future delivery, or other agreement, contract, or transaction
subject to paragraphs (1) and (2) of section 5a(g), that is made,
or to be made, for or on behalf of, or with, any other person,
other than on or subject to the rules of a designated contract
market--
``(A) to cheat or defraud or attempt to cheat or defraud
the other person;
``(B) willfully to make or cause to be made to the other
person any false report or statement or willfully to enter or
cause to be entered for the other person any false record;
``(C) willfully to deceive or attempt to deceive the other
person by any means whatsoever in regard to any order or
contract or the disposition or execution of any order or
contract, or in regard to any act of agency performed, with
respect to any order or contract for or, in the case of
paragraph (2), with the other person; or
``(D)(i) to bucket an order if the order is either
represented by the person as an order to be executed, or is
required to be executed, on or subject to the rules of a
designated contract market; or
``(ii) to fill an order by offset against the order or
orders of any other person, or willfully and knowingly and
without the prior consent of the other person to become the
buyer in respect to any selling order of the other person, or
become the seller in respect to any buying order of the other
person, if the order is either represented by the person as an
order to be executed, or is required to be executed, on or
subject to the rules of a designated contract market unless the
order is executed in accordance with the rules of the
designated contract market.
``(b) Clarification.--Subsection (a)(2) of this section shall not
obligate any person, in or in connection with a transaction in a
contract of sale of a commodity for future delivery, or other
agreement, contract or transaction subject to paragraphs (1) and (2) of
section 5a(g), with another person, to disclose to the other person
nonpublic information that may be material to the market price, rate,
or level of the commodity or transaction, except as necessary to make
any statement made to the other person in or in connection with the
transaction not misleading in any material respect.''.
SEC. 13103. CRIMINAL AND CIVIL PENALTIES.
(a) Enforcement Powers of the Commission.--Section 6(c) of the
Commodity Exchange Act (7 U.S.C. 9, 15) is amended in clause (3) of the
10th sentence--
(1) by inserting ``(A)'' after ``assess such person''; and
(2) by inserting after ``each such violation'' the following:
``, or (B) in any case of manipulation or attempted manipulation in
violation of this subsection, subsection (d) of this section, or
section 9(a)(2), a civil penalty of not more than the greater of
$1,000,000 or triple the monetary gain to the person for each such
violation,''.
(b) Nonenforcement of Rules of Government or Other Violations.--
Section 6b of such Act (7 U.S.C. 13a) is amended--
(1) in the first sentence, by inserting before the period at
the end the following: ``, or, in any case of manipulation or
attempted manipulation in violation of section 6(c), 6(d), or
9(a)(2), a civil penalty of not more than $1,000,000 for each such
violation''; and
(2) in the second sentence, by inserting before the period at
the end the following: ``, except that if the failure or refusal to
obey or comply with the order involved any offense under section
9(a)(2), the registered entity, director, officer, agent, or
employee shall be guilty of a felony and, on conviction, shall be
subject to penalties under section 9(a)(2)''.
(c) Action to Enjoin or Restrain Violations.--Section 6c(d) of such
Act (7 U.S.C. 13a-1(d)) is amended by striking all that precedes
paragraph (2) and inserting the following:
``(d) Civil Penalties.--
``(1) In general.--In any action brought under this section,
the Commission may seek and the court shall have jurisdiction to
impose, on a proper showing, on any person found in the action to
have committed any violation--
``(A) a civil penalty in the amount of not more than the
greater of $100,000 or triple the monetary gain to the person
for each violation; or
``(B) in any case of manipulation or attempted manipulation
in violation of section 6(c), 6(d), or 9(a)(2), a civil penalty
in the amount of not more than the greater of $1,000,000 or
triple the monetary gain to the person for each violation.''.
(d) Violations Generally.--Section 9(a) of such Act (7 U.S.C.
13(a)) is amended in the matter preceding paragraph (1)--
(1) by striking ``(or $500,000 in the case of a person who is
an individual)''; and
(2) by striking ``five years'' and inserting ``10 years''.
SEC. 13104. AUTHORIZATION OF APPROPRIATIONS.
Section 12(d) of the Commodity Exchange Act (7 U.S.C. 16(d)) is
amended to read as follows:
``(d) There are authorized to be appropriated such sums as are
necessary to carry out this Act for each of the fiscal years 2008
through 2013.''.
SEC. 13105. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 4a(e) of the Commodity Exchange Act (7 U.S.C. 6a(e)) is
amended--
(1) by inserting ``or certified by a registered entity pursuant
to section 5c(c)(1)'' after ``approved by the Commission'' ; and
(2) by striking ``section 9(c)'' and inserting ``section
9(a)(5)''.
(b) Section 4f(c)(4)(B)(i) of such Act (7 U.S.C. 6f(c)(4)(B)(i)) is
amended by striking ``compiled'' and inserting ``complied''.
(c) Section 4k of such Act (7 U.S.C. 6k) is amended by
redesignating the second paragraph (5) as paragraph (6).
(d) The Commodity Exchange Act is amended--
(1) by redesignating the first section 4p (7 U.S.C. 6o-1), as
added by section 121 of the Commodity Futures Modernization Act of
2000, as section 4q; and
(2) by moving such section to after the second section 4p, as
added by section 206 of Public Law 93-446.
(e) Subsections (a)(1) and (d)(1) of section 5c of such Act (7
U.S.C. 7a-2(a)(1), (d)(1)) are each amended by striking ``5b(d)(2)''
and inserting ``5b(c)(2)''.
(f) Sections 5c(f) and 17(r) of such Act (7 U.S.C. 7a-2(f), 21(r))
are each amended by striking ``4d(3)'' and inserting ``4d(c)''.
(g) Section 8(a)(1) of such Act (7 U.S.C. 12(a)(1)) is amended in
the matter following subparagraph (B)--
(1) by striking ``commenced'' in the 2nd place it appears; and
(2) by inserting ``commenced'' after ``in a judicial
proceeding''.
(h) Section 9 of such Act (7 U.S.C. 13) is amended--
(1) in subsection (f)(1), by striking the period and inserting
``; or''; and
(2) by redesignating subsection (f) as subsection (e).
(i) Section 22(a)(2) of such Act (7 U.S.C. 25(a)(2)) is amended by
striking ``5b(b)(1)(E)'' and inserting ``5b(c)(2)(H)''.
(j) Section 1a(33)(A) of such Act (7 U.S.C. 1a(33)(A)) is amended
by striking ``transactions'' and all that follows and inserting
``transactions--
``(i) by accepting bids or offers made by other
participants that are open to multiple partipants in the
facility or system; or
``(ii) through the interaction of multiple bids or
multiple offers within a system with a pre-determined non-
discretionary automated trade matching and execution
algorithm.''.
(k) Section 14(d) of such Act (7 U.S.C. 18(d)) is amended--
(1) by inserting ``(1)'' before ``If''; and
(2) by adding after and below the end the following:
``(2) A reparation award shall be directly enforceable in
district court as if it were a judgment pursuant to section 1963 of
title 28, United States Code. This paragraph shall operate
retroactively from the effective date of its enactment, and shall
apply to all reparation awards for which a proceeding described in
paragraph (1) is commenced within 3 years of the date of the
Commission's order.''.
SEC. 13106. PORTFOLIO MARGINING AND SECURITY INDEX ISSUES.
(a) The Secretary of the Treasury, the Chairman of the Board of
Governors of the Federal Reserve System, the Chairman of the Securities
and Exchange Commission, and the Chairman of the Commodity Futures
Trading Commission shall work to ensure that the Securities and
Exchange Commission (SEC), the Commodity Futures Trading Commission
(CFTC), or both, as appropriate, have taken the actions required under
subsection (b).
(b) The SEC, the CFTC, or both, as appropriate, shall take action
under their existing authorities to permit--
(1) by September 30, 2009, risk-based portfolio margining for
security options and security futures products (as defined in
section 1a(32) of the Commodity Exchange Act); and
(2) by June 30, 2009, the trading of futures on certain
security indexes by resolving issues related to foreign security
indexes.
Subtitle B--Significant Price Discovery Contracts on Exempt Commercial
Markets
SEC. 13201. SIGNIFICANT PRICE DISCOVERY CONTRACTS.
(a) Definitions.--Section la of the Commodity Exchange Act (7
U.S.C. la) is amended--
(1) by redesignating paragraph (33) as paragraph (34); and
(2) by inserting after paragraph (32) the following:
``(33) Significant price discovery contract.--The term
`significant price discovery contract' means an agreement,
contract, or transaction subject to section 2(h)(7).''.
(b) Standards Applicable to Significant Price Discovery
Contracts.--Section 2(h) of such Act (7 U.S.C. 2(h)) is amended by
adding at the end the following:
``(7) Significant price discovery contracts.--
``(A) In general.--An agreement, contract, or transaction
conducted in reliance on the exemption in paragraph (3) shall
be subject to the provisions of subparagraphs (B) through (D),
under such rules and regulations as the Commission shall
promulgate, provided that the Commission determines, in its
discretion, that the agreement, contract, or transaction
performs a significant price discovery function as described in
subparagraph (B).
``(B) Significant price discovery determination.--In making
a determination whether an agreement, contract, or transaction
performs a significant price discovery function, the Commission
shall consider, as appropriate:
``(i) Price linkage.--The extent to which the
agreement, contract, or transaction uses or otherwise
relies on a daily or final settlement price, or other major
price parameter, of a contract or contracts listed for
trading on or subject to the rules of a designated contract
market or a derivatives transaction execution facility, or
a significant price discovery contract traded on an
electronic trading facility, to value a position, transfer
or convert a position, cash or financially settle a
position, or close out a position.
``(ii) Arbitrage.--The extent to which the price for
the agreement, contract, or transaction is sufficiently
related to the price of a contract or contracts listed for
trading on or subject to the rules of a designated contract
market or derivatives transaction execution facility, or a
significant price discovery contract or contracts trading
on or subject to the rules of an electronic trading
facility, so as to permit market participants to
effectively arbitrage between the markets by simultaneously
maintaining positions or executing trades in the contracts
on a frequent and recurring basis.
``(iii) Material price reference.--The extent to which,
on a frequent and recurring basis, bids, offers, or
transactions in a commodity are directly based on, or are
determined by referencing, the prices generated by
agreements, contracts, or transactions being traded or
executed on the electronic trading facility.
``(iv) Material liquidity.--The extent to which the
volume of agreements, contracts, or transactions in the
commodity being traded on the electronic trading facility
is sufficient to have a material effect on other
agreements, contracts, or transactions listed for trading
on or subject to the rules of a designated contract market,
a derivatives transaction execution facility, or an
electronic trading facility operating in reliance on the
exemption in paragraph (3).
``(v) Other material factors.--Such other material
factors as the Commission specifies by rule as relevant to
determine whether an agreement, contract, or transaction
serves a significant price discovery function.
``(C) Core principles applicable to significant price
discovery contracts.--
``(i) In general.--An electronic trading facility on
which significant price discovery contracts are traded or
executed shall, with respect to those contracts, comply
with the core principles specified in this subparagraph.
``(ii) Core principles.--The electronic trading
facility shall have reasonable discretion (including
discretion to account for differences between cleared and
uncleared significant price discovery contracts) in
establishing the manner in which it complies with the
following core principles:
``(I) Contracts not readily susceptible to
manipulation.--The electronic trading facility shall
list only significant price discovery contracts that
are not readily susceptible to manipulation.
``(II) Monitoring of trading.--The electronic
trading facility shall monitor trading in significant
price discovery contracts to prevent market
manipulation, price distortion, and disruptions of the
delivery or cash-settlement process through market
surveillance, compliance, and disciplinary practices
and procedures, including methods for conducting real-
time monitoring of trading and comprehensive and
accurate trade reconstructions.
``(III) Ability to obtain information.--The
electronic trading facility shall--
``(aa) establish and enforce rules that will
allow the electronic trading facility to obtain any
necessary information to perform any of the
functions described in this subparagraph;
``(bb) provide the information to the
Commission upon request; and
``(cc) have the capacity to carry out such
international information-sharing agreements as the
Commission may require.
``(IV) Position limitations or accountability.--The
electronic trading facility shall adopt, where
necessary and appropriate, position limitations or
position accountability for speculators in significant
price discovery contracts, taking into account
positions in other agreements, contracts, and
transactions that are treated by a derivatives clearing
organization, whether registered or not registered, as
fungible with such significant price discovery
contracts to reduce the potential threat of market
manipulation or congestion, especially during trading
in the delivery month.
``(V) Emergency authority.--The electronic trading
facility shall adopt rules to provide for the exercise
of emergency authority, in consultation or cooperation
with the Commission, where necessary and appropriate,
including the authority--
``(aa) to liquidate open positions in a
significant price discovery contract; and
``(bb) to suspend or curtail trading in a
significant price discovery contract.
``(VI) Daily publication of trading information.--
The electronic trading facility shall make public daily
information on price, trading volume, and other trading
data to the extent appropriate for significant price
discovery contracts
``(VII) Compliance with rules.--The electronic
trading facility shall monitor and enforce compliance
with any rules of the electronic trading facility
applicable to significant price discovery contracts,
including the terms and conditions of the contracts and
any limitations on access to the electronic trading
facility with respect to the contracts.
``(VIII) Conflict of interest.--The electronic
trading facility, with respect to significant price
discovery contracts, shall--
``(aa) establish and enforce rules to minimize
conflicts of interest in its decision-making
process; and
``(bb) establish a process for resolving the
conflicts of interest.
``(IX) Antitrust considerations.--Unless necessary
or appropriate to achieve the purposes of this Act, the
electronic trading facility, with respect to
significant price discovery contracts, shall endeavor
to avoid--
``(aa) adopting any rules or taking any actions
that result in any unreasonable restraints of
trade; or
``(bb) imposing any material anticompetitive
burden on trading on the electronic trading
facility.
``(D) Implementation.--
``(i) Clearing.--The Commission shall take into
consideration differences between cleared and uncleared
significant price discovery contracts when reviewing the
implementation of the core principles by an electronic
trading facility.
``(ii) Review.--As part of the Commission's continual
monitoring and surveillance activities, the Commission
shall, not less frequently than annually, evaluate, as
appropriate, all the agreements, contracts, or transactions
conducted on an electronic trading facility in reliance on
the exemption provided in paragraph (3) to determine
whether they serve a significant price discovery function
as described in subparagraph (B) of this paragraph.''.
SEC. 13202. LARGE TRADER REPORTING.
(a) Reporting and Recordkeeping.--Section 4g(a) of the Commodity
Exchange Act (7 U.S.C. 6g(a)) is amended by inserting ``, and in any
significant price discovery contract traded or executed on an
electronic trading facility or any agreement, contract, or transaction
that is treated by a derivatives clearing organization, whether
registered or not registered, as fungible with a significant price
discovery contract'' after ``elsewhere''.
(b) Reports of Positions Equal to or in Excess of Trading Limits.--
Section 4i of such Act (7 U.S.C. 6i) is amended--
(1) by inserting ``, or any significant price discovery
contract traded or executed on an electronic trading facility or
any agreement, contract, or transaction that is treated by a
derivatives clearing organization, whether registered or not
registered, as fungible with a significant price discovery
contract'' after ``subject to the rules of any contract market or
derivatives transaction execution facility''; and
(2) in the matter following paragraph (2), by inserting ``or
electronic trading facility'' after ``subject to the rules of any
other board of trade''.
SEC. 13203. CONFORMING AMENDMENTS.
(a) Section 1a(12)(A)(x) of the Commodity Exchange Act (7 U.S.C.
1a(12)(A)(x)) is amended by inserting ``(other than an electronic
trading facility with respect to a significant price discovery
contract)'' after ``registered entity''.
(b) Section 1a(29) of such Act (7 U.S.C. 1a(29)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(E) with respect to a contract that the Commission
determines is a significant price discovery contract, any
electronic trading facility on which the contract is executed
or traded.''.
(c) Section 2(a)(1)(A) of such Act (7 U.S.C. 2(a)(1)(A)) is amended
by inserting after ``future delivery'' the following: ``(including
significant price discovery contracts)''.
(d) Section 2(h)(3) of such Act (7 U.S.C. 2(h)(3)) is amended by
striking ``paragraph (4)'' and inserting ``paragraphs (4) and (7)''.
(e) Section 2(h)(4) of such Act (7 U.S.C. 2(h)(4)) is amended--
(1) in subparagraph (B), by inserting ``and, for a significant
price discovery contract, requiring large trader reporting,'' after
``proscribing fraud'';
(2) by striking ``and'' at the end of subparagraph (C); and
(3) by striking subparagraph (D) and inserting the following:
``(D) such rules, regulations, and orders as the Commission
may issue to ensure timely compliance with any of the
provisions of this Act applicable to a significant price
discovery contract traded on or executed on any electronic
trading facility; and
``(E) such other provisions of this Act as are applicable
by their terms to significant price discovery contracts or to
registered entities or electronic trading facilities with
respect to significant price discovery contracts.''.
(f) Section 2(h)(5)(B)(iii)(I) of such Act (7 U.S.C.
2(h)(5)(B)(iii)(I)) is amended by inserting ``or to make the
determination described in subparagraph (B) of paragraph (7)'' after
``paragraph (4)''.
(g) Section 4a of such Act (7 U.S.C. 6a) is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting ``, or on
electronic trading facilities with respect to a significant
price discovery contract'' after ``derivatives transaction
execution facilities''; and
(B) in the second sentence, by inserting ``, or on an
electronic trading facility with respect to a significant price
discovery contract,'' after ``derivatives transaction execution
facility''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``or electronic trading
facility with respect to a significant price discovery
contract'' after ``facility or facilities''; and
(B) in paragraph (2), by inserting ``or electronic trading
facility with respect to a significant price discovery
contract'' after ``derivatives transaction execution
facility''; and
(3) in subsection (e)--
(A) in the first sentence--
(i) by inserting ``or by any electronic trading
facility'' after ``registered by the Commission'';
(ii) by inserting ``or on an electronic trading
facility'' after ``derivatives transaction execution
facility'' the second place it appears; and
(iii) by inserting ``or electronic trading facility''
before ``or such board of trade'' each place it appears;
and
(B) in the second sentence, by inserting ``or electronic
trading facility with respect to a significant price discovery
contract'' after ``registered by the Commission''.
(h) Section 5a(d) of such Act (7 U.S.C. 7a(d)(1)) is amended--
(1) by redesignating paragraphs (4) through (9) as paragraphs
(5) through (10); and
(2) by inserting after paragraph (3) the following:
``(4) Position limitations or accountability.--To reduce the
potential threat of market manipulation or congestion, especially
during trading in the delivery month, the derivatives transaction
execution facility shall adopt position limits or position
accountability for speculators, where necessary and appropriate for
a contract, agreement or transaction with an underlying commodity
that has a physically deliverable supply.''.
(i) Section 5c(a) of such Act (7 U.S.C. 7a-2(a)) is amended in
paragraph (1) by inserting ``, and section 2(h)(7) with respect to
significant price discovery contracts,'' after ``, and 5b(d)(2)''.
(j) Section 5c(b) of such Act (7 U.S.C. 7a-2(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--A contract market, derivatives transaction
execution facility, or electronic trading facility with respect to
a significant price discovery contract may comply with any
applicable core principle through delegation of any relevant
function to a registered futures association or a registered entity
that is not an electronic trading facility.'';
(2) in paragraph (2), by striking ``contract market or
derivatives transaction execution facility'' and inserting
``contract market, derivatives transaction execution facility, or
electronic trading facility''; and
(3) in paragraph (3), by striking ``contract market or
derivatives transaction execution facility'' each place it appears
and inserting ``contract market, derivatives transaction execution
facility, or electronic trading facility''.
(k) Section 5c(d)(1) of such Act (7 U.S.C. 7a-2(d)(1)) is amended
by inserting ``or 2(h)(7)(C) with respect to a significant price
discovery contract traded or executed on an electronic trading
facility,'' after ``5b(d)(2)''.
(l) Section 5e of such Act (7 U.S.C. 7b) is amended by inserting
``, or revocation of the right of an electronic trading facility to
rely on the exemption set forth in section 2(h)(3) with respect to a
significant price discovery contract,'' after ``revocation of
designation as a registered entity''.
(m) Section 6(b) of the Commodity Exchange Act (7 U.S.C. 8(b)) is
amended by striking the first sentence and all that follows through
``hearing on the record: Provided,'' and inserting the following:
``The Commission is authorized to suspend for a period not to
exceed 6 months or to revoke the designation or registration of any
contract market or derivatives transaction execution facility, or to
revoke the right of an electronic trading facility to rely on the
exemption set forth in section 2(h)(3) with respect to a significant
price discovery contract, on a showing that the contract market or
derivatives transaction execution facility is not enforcing or has not
enforced its rules of government, made a condition of its designation
or registration as set forth in sections 5 through 5b or section 5f, or
that the contract market or derivatives transaction execution facility
or electronic trading facility, or any director, officer, agent, or
employee thereof, otherwise is violating or has violated any of the
provisions of this Act or any of the rules, regulations, or orders of
the Commission thereunder. Such suspension or revocation shall only be
made after a notice to the officers of the contract market or
derivatives transaction execution facility or electronic trading
facility affected and upon a hearing on the record: Provided,''.
(n) Section 22(b)(1) of such Act (7 U.S.C. 25(b)(1)) is amended by
inserting ``section 2(h)(7) or'' before ``sections 5''.
SEC. 13204. EFFECTIVE DATE.
(a) In General.--Except as provided in this section, this subtitle
shall become effective on the date of enactment of this Act.
(b) Significant Price Discovery Standards Rulemaking.--
(1) The Commodity Futures Trading Commission shall--
(A) not later than 180 days after the date of the enactment
of this Act, issue a proposed rule regarding the implementation
of section 2(h)(7) of the Commodity Exchange Act; and
(B) not later than 270 days after the date of enactment of
this Act, issue a final rule regarding the implementation.
(2) In its rulemaking pursuant to paragraph (1) of this
subsection, the Commission shall include the standards, terms, and
conditions under which an electronic trading facility will have the
responsibility to notify the Commission that an agreement,
contract, or transaction conducted in reliance on the exemption
provided in section 2(h)(3) of the Commodity Exchange Act may
perform a price discovery function.
(c) Significant Price Discovery Determinations.--With respect to
any electronic trading facility operating on the effective date of the
final rule issued pursuant to subsection (b)(1), the Commission shall
complete a review of the agreements, contracts, and transactions of the
facility not later than 180 days after that effective date to determine
whether any such agreement, contract, or transaction performs a
significant price discovery function.
TITLE XIV--MISCELLANEOUS
Subtitle A--Socially Disadvantaged Producers and Limited Resource
Producers
SEC. 14001. IMPROVED PROGRAM DELIVERY BY DEPARTMENT OF AGRICULTURE ON
INDIAN RESERVATIONS.
Section 2501(g)(1) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279(g)(1)) is amended--
(1) in the first sentence--
(A) by striking ``Agricultural Stabilization and
Conservation Service, Soil Conservation Service, and Farmers
Home Administration offices'' and inserting ``Farm Service
Agency and Natural Resources Conservation Service''; and
(B) by inserting ``where there has been a need
demonstrated'' after ``include''; and
(2) by striking the second sentence.
SEC. 14002. FORECLOSURE.
(a) In General.--Section 331A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981a) is amended:
(1) by inserting ``(a)'' after ``Sec. 331A.''; and
(2) by adding at the end the following:
``(b) Moratorium.--
``(1) In general.--Subject to the other provisions of this
subsection, effective beginning on the date of the enactment of
this subsection, there shall be in effect a moratorium, with
respect to farmer program loans made under subtitle A, B, or C, on
all acceleration and foreclosure proceedings instituted by the
Department of Agriculture against any farmer or rancher who--
``(A) has pending against the Department a claim of program
discrimination that is accepted by the Department as valid; or
``(B) files a claim of program discrimination that is
accepted by the Department as valid.
``(2) Waiver of interest and offsets.--During the period of the
moratorium, the Secretary shall waive the accrual of interest and
offsets on all farmer program loans made under subtitle A, B, or C
for which loan acceleration or foreclosure proceedings have been
suspended under paragraph (1).
``(3) Termination of moratorium.--The moratorium shall
terminate with respect to a claim of discrimination by a farmer or
rancher on the earlier of--
``(A) the date the Secretary resolves the claim; or
``(B) if the farmer or rancher appeals the decision of the
Secretary on the claim to a court of competent jurisdiction,
the date that the court renders a final decision on the claim.
``(4) Failure to prevail.--If a farmer or rancher does not
prevail on a claim of discrimination described in paragraph (1),
the farmer or rancher shall be liable for any interest and offsets
that accrued during the period that loan acceleration or
foreclosure proceedings have been suspended under paragraph (1).''.
(b) Foreclosure Report.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the Department of
Agriculture (referred to in this subsection as the ``Inspector
General'') shall determine whether decisions of the Department to
implement foreclosure proceedings with respect to farmer program
loans made under subtitle A, B, or C of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1922 et seq.) to socially
disadvantaged farmers or ranchers during the 5-year period
preceding the date of the enactment of this Act were consistent and
in conformity with the applicable laws (including regulations)
governing loan foreclosures.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report that describes the determination of the Inspector General
under paragraph (1).
SEC. 14003. RECEIPT FOR SERVICE OR DENIAL OF SERVICE FROM CERTAIN
DEPARTMENT OF AGRICULTURE AGENCIES.
Section 2501A of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279-1) is amended by adding at the end the following
new subsection:
``(e) Receipt for Service or Denial of Service.--In any case in
which a current or prospective producer or landowner, in person or in
writing, requests from the Farm Service Agency, the Natural Resources
Conservation Service, or an agency of the Rural Development Mission
Area any benefit or service offered by the Department to agricultural
producers or landowners and, at the time of the request, also requests
a receipt, the Secretary shall issue, on the date of the request, a
receipt to the producer or landowner that contains--
``(1) the date, place, and subject of the request; and
``(2) the action taken, not taken, or recommended to the
producer or landowner.''.
SEC. 14004. OUTREACH AND TECHNICAL ASSISTANCE FOR SOCIALLY
DISADVANTAGED FARMERS OR RANCHERS.
(a) Outreach and Technical Assistance Program.--
(1) Program requirements.--Paragraph (2) of section 2501(a) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(a)) is amended to read as follows:
``(2) Requirements.--The outreach and technical assistance
program under paragraph (1) shall be used exclusively--
``(A) to enhance coordination of the outreach, technical
assistance, and education efforts authorized under agriculture
programs; and
``(B) to assist the Secretary in--
``(i) reaching current and prospective socially
disadvantaged farmers or ranchers in a linguistically
appropriate manner; and
``(ii) improving the participation of those farmers and
ranchers in Department programs, as reported under section
2501A.''.
(2) Grants and contracts under program.--Section 2501(a)(3) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(a)(3)) is amended--
(A) in subparagraph (A), by striking ``entity to provide
information'' and inserting ``entity that has demonstrated an
ability to carry out the requirements described in paragraph
(2) to provide outreach''; and
(B) by adding at the end the following new subparagraph:
``(D) Report.--The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate, and make publicly available, an annual report that
includes a list of the following:
``(i) The recipients of funds made available under the
program.
``(ii) The activities undertaken and services provided.
``(iii) The number of current and prospective socially
disadvantaged farmers or ranchers served and outcomes of
such service.
``(iv) The problems and barriers identified by entities
in trying to increase participation by current and
prospective socially disadvantaged farmers or ranchers.''.
(3) Funding and limitation on use of funds.--Section 2501(a)(4)
of the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(a)(4)) is amended--
(A) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out
this section--
``(i) $15,000,000 for fiscal year 2009; and
``(ii) $20,000,000 for each of fiscal years 2010
through 2012.''.
(B) by adding at the end the following new subparagraph:
``(C) Limitation on use of funds for administrative
expenses.--Not more than 5 percent of the amounts made
available under subparagraph (A) for a fiscal year may be used
for expenses related to administering the program under this
section.''.
(b) Eligible Entity Defined.--Section 2501(e)(5)(A)(ii) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e)(5)(A)(ii)) is amended by striking ``work with socially
disadvantaged farmers or ranchers during the 2-year period'' and
inserting ``work with, and on behalf of, socially disadvantaged farmers
or ranchers during the 3-year period''.
SEC. 14005. ACCURATE DOCUMENTATION IN THE CENSUS OF AGRICULTURE AND
CERTAIN STUDIES.
Section 2501 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279) is amended by adding at the end the following:
``(h) Accurate Documentation.--The Secretary shall ensure, to the
maximum extent practicable, that the Census of Agriculture and studies
carried out by the Economic Research Service accurately document the
number, location, and economic contributions of socially disadvantaged
farmers or ranchers in agricultural production.''.
SEC. 14006. TRANSPARENCY AND ACCOUNTABILITY FOR SOCIALLY DISADVANTAGED
FARMERS OR RANCHERS.
Section 2501A of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279-1) is amended by striking subsection (c) and
inserting the following new subsections:
``(c) Compilation of Program Participation Data.--
``(1) Annual requirement.--For each county and State in the
United States, the Secretary of Agriculture (referred to in this
section as the `Secretary') shall annually compile program
application and participation rate data regarding socially
disadvantaged farmers or ranchers by computing for each program of
the Department of Agriculture that serves agricultural producers
and landowners--
``(A) raw numbers of applicants and participants by race,
ethnicity, and gender, subject to appropriate privacy
protections, as determined by the Secretary; and
``(B) the application and participation rate, by race,
ethnicity, and gender, as a percentage of the total
participation rate of all agricultural producers and
landowners.
``(2) Authority to collect data.--The heads of the agencies of
the Department of Agriculture shall collect and transmit to the
Secretary any data, including data on race, gender, and ethnicity,
that the Secretary determines to be necessary to carry out
paragraph (1).
``(3) Report.--Using the technologies and systems of the
National Agricultural Statistics Service, the Secretary shall
compile and present the data compiled under paragraph (1) for each
program described in that paragraph in a manner that includes the
raw numbers and participation rates for--
``(A) the entire United States;
``(B) each State; and
``(C) each county in each State.
``(4) Public availability of report.--The Secretary shall
maintain and make readily available to the public, via website and
otherwise in electronic and paper form, the report described in
paragraph (3).
``(d) Limitations on Use of Data.--
``(1) Privacy protections.--In carrying out this section, the
Secretary shall not disclose the names or individual data of any
program participant.
``(2) Authorized uses.--The data under this section shall be
used exclusively for the purposes described in subsection (a).
``(3) Limitation.--Except as otherwise provided, the data under
this section shall not be used for the evaluation of individual
applications for assistance.''.
SEC. 14007. OVERSIGHT AND COMPLIANCE.
The Secretary, acting through the Assistant Secretary for Civil
Rights of the Department of Agriculture, shall use the reports
described in subsection (c) of section 2501A of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1), as amended by
section 14006, in the conduct of oversight and evaluation of civil
rights compliance.
SEC. 14008. MINORITY FARMER ADVISORY COMMITTEE.
(a) Establishment.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Agriculture shall establish an
advisory committee, to be known as the ``Advisory Committee on Minority
Farmers'' (in this section referred to as the ``Committee'').
(b) Duties.--The Committee shall provide advice to the Secretary
on--
(1) the implementation of section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279);
(2) methods of maximizing the participation of minority farmers
and ranchers in Department of Agriculture programs; and
(3) civil rights activities within the Department as such
activities relate to participants in such programs.
(c) Membership.--
(1) In general.--The Committee shall be composed of not more
than 15 members, who shall be appointed by the Secretary, and shall
include--
(A) not less than four socially disadvantaged farmers or
ranchers (as defined in section 2501(e)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e)(2)));
(B) not less than two representatives of nonprofit
organizations with a history of working with minority farmers
and ranchers;
(C) not less than two civil rights professionals;
(D) not less than two representatives of institutions of
higher education with demonstrated experience working with
minority farmers and ranchers; and
(E) such other persons as the Secretary considers
appropriate.
(2) Ex-officio members.--The Secretary may appoint such
employees of the Department of Agriculture as the Secretary
considers appropriate to serve as ex-officio members of the
Committee.
SEC. 14009. NATIONAL APPEALS DIVISION.
Section 280 of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 7000) is amended--
(1) by striking ``On the return'' and inserting the following:
``(a) In General.--On the return''; and
(2) by adding at the end the following:
``(b) Reports.--
``(1) In general.--Not later than 180 days after the date of
the enactment of this subsection, and every 180 days thereafter,
the head of each agency shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, and publish on
the website of the Department, a report that includes--
``(A) a description of all cases returned to the agency
during the period covered by the report pursuant to a final
determination of the Division;
``(B) the status of implementation of each final
determination; and
``(C) if the final determination has not been implemented--
``(i) the reason that the final determination has not
been implemented; and
``(ii) the projected date of implementation of the
final determination.
``(2) Updates.--Each month, the head of each agency shall
publish on the website of the Department any updates to the reports
submitted under paragraph (1).''.
SEC. 14010. REPORT OF CIVIL RIGHTS COMPLAINTS, RESOLUTIONS, AND
ACTIONS.
Each year, the Secretary shall--
(1) prepare a report that describes, for each agency of the
Department of Agriculture--
(A) the number of civil rights complaints filed that relate
to the agency, including whether a complaint is a program
complaint or an employment complaint;
(B) the length of time the agency took to process each
civil rights complaint;
(C) the number of proceedings brought against the agency,
including the number of complaints described in paragraph (1)
that were resolved with a finding of discrimination; and
(D) the number and type of personnel actions taken by the
agency following resolution of civil rights complaints;
(2) submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a copy of the report; and
(3) make the report available to the public by posting the
report on the website of the Department.
SEC. 14011. SENSE OF CONGRESS RELATING TO CLAIMS BROUGHT BY SOCIALLY
DISADVANTAGED FARMERS OR RANCHERS.
It is the sense of Congress that all pending claims and class
actions brought against the Department of Agriculture by socially
disadvantaged farmers or ranchers (as defined in section 355(e) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)),
including Native American, Hispanic, and female farmers or ranchers,
based on racial, ethnic, or gender discrimination in farm program
participation should be resolved in an expeditious and just manner.
SEC. 14012. DETERMINATION ON MERITS OF PIGFORD CLAIMS.
(a) Definitions.--In this section:
(1) Consent decree.--The term ``consent decree'' means 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.
(2) Department.--The term ``Department'' means the Department
of Agriculture.
(3) Pigford claim.--The term ``Pigford claim'' means a
discrimination complaint, as defined by section 1(h) of the consent
decree and documented under section 5(b) of the consent decree.
(4) Pigford claimant.--The term ``Pigford claimant'' means an
individual who previously submitted a late-filing request under
section 5(g) of the consent decree.
(b) Determination on Merits.--Any Pigford claimant who has not
previously obtained a determination on the merits of a Pigford claim
may, in a civil action brought in the United States District Court for
the District of Columbia, obtain that determination.
(c) Limitation.--
(1) In general.--Subject to paragraph (2), all payments or debt
relief (including any limitation on foreclosure under subsection
(h)) shall be made exclusively from funds made available under
subsection (i).
(2) Maximum amount.--The total amount of payments and debt
relief pursuant to actions commenced under subsection (b) shall not
exceed $100,000,000.
(d) 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 previously denied that determination.
(e) Loan Data.--
(1) Report to person submitting petition.--
(A) In general.--Not later than 120 days after the
Secretary receives notice of a complaint filed by a claimant
under subsection (b), the Secretary shall provide to the
claimant a report on farm credit loans and noncredit benefits,
as appropriate, made within the claimant's county (or if no
documents are found, within an adjacent county as determined by
the claimant), by the Department during the period beginning on
January 1 of the year preceding the period covered by the
complaint and ending on December 31 of the year following the
period.
(B) Requirements.--A report under subparagraph (A) shall
contain information on all persons whose application for a loan
or benefit was accepted, including--
(i) the race of the applicant;
(ii) the date of application;
(iii) the date of the loan or benefit decision, as
appropriate;
(iv) the location of the office making the loan or
benefit decision, as appropriate;
(v) all data relevant to the decisionmaking process for
the loan or benefit, as appropriate; and
(vi) all data relevant to the servicing of the loan or
benefit, as appropriate.
(2) No personally identifiable information.--The reports
provided pursuant to paragraph (1) shall not contain any
information that would identify any person who applied for a loan
from the Department.
(3) Reporting deadline.--
(A) In general.--The Secretary shall--
(i) provide to claimants the reports required under
paragraph (1) as quickly as practicable after the Secretary
receives notice of a complaint filed by a claimant under
subsection (b); and
(ii) devote such resources of the Department as are
necessary to make providing the reports expeditiously a
high priority of the Department.
(B) Extension.--A court may extend the deadline for
providing the report required in a particular case under
paragraph (1) if the Secretary establishes that meeting the
deadline is not feasible and demonstrates a continuing effort
and commitment to provide the required report expeditiously.
(f) Expedited Resolutions Authorized.--
(1) In general.--Any person filing a complaint under this
section for discrimination in the application for, or making or
servicing of, a farm loan, at the discretion of the person, may
seek liquidated damages of $50,000, discharge of the debt that was
incurred under, or affected by, the 1 or more programs that were
the subject of the 1 or more discrimination claims that are 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--
(A) if only such damages, debt discharge, and tax payment
are sought, the complainant shall be able to prove the case of
the complainant by substantial evidence (as defined in section
1(l) of the consent decree); and
(B) 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.
(2) Noncredit claims.--
(A) Standard.--In any case in which a claimant asserts a
noncredit claim under a benefit program of the Department, the
court shall determine the merits of the claim in accordance
with section 9(b)(i) of the consent decree.
(B) Relief.--A claimant who prevails on a claim of
discrimination involving a noncredit benefit program of the
Department shall be entitled to a payment by the Department in
a total amount of $3,000, without regard to the number of such
claims on which the claimant prevails.
(g) Actual Damages.--A claimant who files a claim under this
section for discrimination under subsection (b) but not under
subsection (f) and who prevails on the claim shall be entitled to
actual damages sustained by the claimant.
(h) Limitation on Foreclosures.--Notwithstanding any other
provision of law, during the pendency of a Pigford claim, the Secretary
may not begin acceleration on or foreclosure of a loan if--
(1) the borrower is a Pigford claimant; and
(2) makes a prima facie case in an appropriate administrative
proceeding that the acceleration or foreclosure is related to a
Pigford claim.
(i) Funding.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available for payments and
debt relief in satisfaction of claims against the United States
under subsection (b) and for any actions under subsection (g)
$100,000,000 for fiscal year 2008, to remain available until
expended.
(2) Authorization of appropriations.--In addition to funds made
available under paragraph (1), there are authorized to be
appropriated such sums as are necessary to carry out this section.
(j) Reporting Requirements.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act and every 180 days thereafter until the funds
made available under subsection (i) are depleted, the Secretary
shall submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
report that describes the status of available funds under
subsection (i) and the number of pending claims under subsection
(f).
(2) Depletion of funds report.--In addition to the reports
required under paragraph (1), the Secretary shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that notifies the
Committees when 75 percent of the funds made available under
subsection (i)(1) have been depleted.
(k) Termination of Authority.--The authority to file a claim under
this section terminates 2 years after the date of the enactment of this
Act.
SEC. 14013. OFFICE OF ADVOCACY AND OUTREACH.
(a) In General.--The Department of Agriculture Reorganization Act
of 1994 is amended by inserting after section 226A (7 U.S.C. 6933) the
following:
``SEC. 226B. OFFICE OF ADVOCACY AND OUTREACH.
``(a) 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) Office.--The term `Office' means the Office of Advocacy
and Outreach established under this section.
``(3) Socially disadvantaged farmer or rancher.--The term
`socially disadvantaged farmer or rancher' has the meaning given
the term in section 2501(e) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(e)).
``(b) Establishment and Purpose.--
``(1) In general.--The Secretary shall establish within the
executive operations of the Department an office to be known as the
`Office of Advocacy and Outreach'--
``(A) to improve access to programs of the Department; and
``(B) to improve the viability and profitability of--
``(i) small farms and ranches;
``(ii) beginning farmers or ranchers; and
``(iii) socially disadvantaged farmers or ranchers.
``(2) Director.--The Office shall be headed by a Director, to
be appointed by the Secretary from among the competitive service.
``(c) Duties.--The duties of the Office shall be to ensure small
farms and ranches, beginning farmers or ranchers, and socially
disadvantaged farmers or ranchers access to, and equitable
participation in, programs and services of the Department by--
``(1) establishing and monitoring the goals and objectives of
the Department to increase participation in programs of the
Department by small, beginning, or socially disadvantaged farmers
or ranchers;
``(2) assessing the effectiveness of Department outreach
programs;
``(3) developing and implementing a plan to coordinate outreach
activities and services provided by the Department;
``(4) providing input to the agencies and offices on
programmatic and policy decisions;
``(5) measuring outcomes of the programs and activities of the
Department on small farms and ranches, beginning farmers or
ranchers, and socially disadvantaged farmers or ranchers programs;
``(6) recommending new initiatives and programs to the
Secretary; and
``(7) carrying out any other related duties that the Secretary
determines to be appropriate.
``(d) Socially Disadvantaged Farmers Group.--
``(1) Establishment.--The Secretary shall establish within the
Office the Socially Disadvantaged Farmers Group.
``(2) Outreach and assistance.--The Socially Disadvantaged
Farmers Group--
``(A) shall carry out section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279); and
``(B) in the case of activities described in section
2501(a) of that Act, may conduct such activities through other
agencies and offices of the Department.
``(3) Socially disadvantaged farmers and farmworkers.--The
Socially Disadvantaged Farmers Group shall oversee the operations
of--
``(A) the Advisory Committee on Minority Farmers
established under section 14009 of the Food, Conservation, and
Energy Act of 2008; and
``(B) the position of Farmworker Coordinator established
under subsection (f).
``(4) Other duties.--
``(A) In general.--The Socially Disadvantaged Farmers Group
may carry out other duties to improve access to, and
participation in, programs of the Department by socially
disadvantaged farmers or ranchers, as determined by the
Secretary.
``(B) Office of outreach and diversity.--The Office of
Advocacy and Outreach shall carry out the functions and duties
of the Office of Outreach and Diversity carried out by the
Assistant Secretary for Civil Rights as such functions and
duties existed immediately before the date of the enactment of
this section.
``(e) Small Farms and Beginning Farmers and Ranchers Group.--
``(1) Establishment.--The Secretary shall establish within the
Office the Small Farms and Beginning Farmers and Ranchers Group.
``(2) Duties.--
``(A) Oversee offices.--The Small Farms and Beginning
Farmers and Ranchers Group shall oversee the operations of the
Office of Small Farms Coordination established by Departmental
Regulation 9700-1 (August 3, 2006).
``(B) Beginning farmer and rancher development program.--
The Small Farms and Beginning Farmers and Ranchers Group shall
consult with the National Institute for Food and Agriculture on
the administration of the beginning farmer and rancher
development program established under section 7405 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 3319f).
``(C) Advisory committee for beginning farmers and
ranchers.--The Small Farms and Beginning Farmers and Ranchers
Group shall coordinate the activities of the Group with the
Advisory Committee for Beginning Farmers and Ranchers
established under section 5(b) of the Agricultural Credit
Improvement Act of 1992 (7 U.S.C. 1621 note; Public Law 102-
554).
``(D) Other duties.--The Small Farms and Beginning Farmers
and Ranchers Group may carry out other duties to improve access
to, and participation in, programs of the Department by small
farms and ranches and beginning farmers or ranchers, as
determined by the Secretary.
``(f) Farmworker Coordinator.--
``(1) Establishment.--The Secretary shall establish within the
Office the position of Farmworker Coordinator (referred to in this
subsection as the `Coordinator').
``(2) Duties.--The Secretary shall delegate to the Coordinator
responsibility for the following:
``(A) Assisting in administering the program established by
section 2281 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (42 U.S.C. 5177a).
``(B) Serving as a liaison to community-based nonprofit
organizations that represent and have demonstrated experience
serving low-income migrant and seasonal farmworkers.
``(C) Coordinating with the Department, other Federal
agencies, and State and local governments to ensure that
farmworker needs are assessed and met during declared disasters
and other emergencies.
``(D) Consulting within the Office and with other entities
to better integrate farmworker perspectives, concerns, and
interests into the ongoing programs of the Department.
``(E) Consulting with appropriate institutions on research,
program improvements, or agricultural education opportunities
that assist low-income and migrant seasonal farmworkers.
``(F) Assisting farmworkers in becoming agricultural
producers or landowners.
``(3) Authorization of appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
subsection for each of fiscal years 2009 through 2012.''.
(b) Conforming Amendment.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)), as amended
by section 7511(b), is further amended--
(1) in paragraph (5), by striking ``; or'' and inserting ``;'';
(2) in paragraph (6), by striking the period and inserting ``;
or''; and
(3) by adding at the end the following new paragraph:
``(7) the authority of the Secretary to establish in the
Department the Office of Advocacy and Outreach in accordance with
section 226B.''.
Subtitle B--Agricultural Security
SEC. 14101. SHORT TITLE.
This subtitle may be cited as the ``Agricultural Security
Improvement Act of 2008''.
SEC. 14102. DEFINITIONS.
In this subtitle:
(1) Agent.--The term ``agent'' means a nuclear, biological,
chemical, or radiological substance that causes agricultural
disease or the adulteration of products regulated by the Secretary
of Agriculture under any provision of law.
(2) Agricultural biosecurity.--The term ``agricultural
biosecurity'' means protection from an agent that poses a threat
to--
(A) plant or animal health;
(B) public health as it relates to the adulteration of
products regulated by the Secretary of Agriculture under any
provision of law that is caused by exposure to an agent; or
(C) the environment as it relates to agriculture
facilities, farmland, and air and water within the immediate
vicinity of an area associated with an agricultural disease or
outbreak.
(3) Agricultural countermeasure.--The term ``agricultural
countermeasure''--
(A) means a product, practice, or technology that is
intended to enhance or maintain the agricultural biosecurity of
the United States; and
(B) does not include a product, practice, or technology
used solely in response to a human medical incident or public
health emergency not related to agriculture.
(4) Agricultural disease.--The term ``agricultural disease''
has the meaning given the term by the Secretary.
(5) Agricultural disease emergency.--The term ``agricultural
disease emergency'' means an incident of agricultural disease that
requires prompt action to prevent significant damage to people,
plants, or animals.
(6) Agroterrorist act.--The term ``agroterrorist act'' means an
act that--
(A) causes or attempts to cause--
(i) damage to agriculture; or
(ii) injury to a person associated with agriculture;
and
(B) is committed or appears to be committed with the intent
to--
(i) intimidate or coerce a civilian population; or
(ii) disrupt the agricultural industry in order to
influence the policy of a government by intimidation or
coercion.
(7) Animal.--The term ``animal'' has the meaning given the term
in section 10403 of the Animal Health Protection Act of 2002 (7
U.S.C. 8302).
(8) Department.--The term ``Department'' means the Department
of Agriculture.
(9) Development.--The term ``development'' means--
(A) research leading to the identification of products or
technologies intended for use as agricultural countermeasures
to protect animal health;
(B) the formulation, production, and subsequent
modification of those products or technologies;
(C) the conduct of in vitro and in vivo studies;
(D) the conduct of field, efficacy, and safety studies;
(E) the preparation of an application for marketing
approval for submission to an applicable agency; or
(F) other actions taken by an applicable agency in a case
in which an agricultural countermeasure is procured or used
prior to issuance of a license or other form of Federal
Government approval.
(10) Plant.--The term ``plant'' has the meaning given the term
in section 411 of the Plant Protection Act of 2000 (7 U.S.C. 7702).
(11) Qualified agricultural countermeasure.--The term
``qualified agricultural countermeasure'' means an agricultural
countermeasure that the Secretary, in consultation with the
Secretary of Homeland Security, determines to be a priority in
order to address an agricultural biosecurity threat.
CHAPTER 1--AGRICULTURAL SECURITY
SEC. 14111. OFFICE OF HOMELAND SECURITY.
(a) Establishment.--There is established within the Department the
Office of Homeland Security (in this section referred to as the
``Office'').
(b) Director.--The Office shall be headed by a Director of Homeland
Security, who shall be appointed by the Secretary.
(c) Responsibilities.--The Director of Homeland Security shall--
(1) coordinate all homeland security activities of the
Department, including integration and coordination of interagency
emergency response plans for--
(A) agricultural disease emergencies;
(B) agroterrorist acts; and
(C) other threats to agricultural biosecurity;
(2) act as the primary liaison on behalf of the Department with
other Federal departments and agencies on the coordination of
efforts and interagency activities pertaining to agricultural
biosecurity; and
(3) advise the Secretary on policies, regulations, processes,
budget, and actions pertaining to homeland security.
SEC. 14112. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.
(a) Establishment.--The Secretary shall establish a communication
center within the Department to--
(1) collect and disseminate information and prepare for an
agricultural disease emergency, agroterrorist act, or other threat
to agricultural biosecurity; and
(2) coordinate activities described in paragraph (1) among
agencies and offices within the Department.
(b) Relation to Existing DHS Communication Systems.--
(1) Consistency and coordination.--The communication center
established under subsection (a) shall, to the maximum extent
practicable, share and coordinate the dissemination of timely
information with the Department of Homeland Security and other
communication systems of appropriate Federal departments and
agencies.
(2) Avoiding redundancies.--Paragraph (1) shall not be
construed to impede, conflict with, or duplicate the communications
activities performed by the Secretary of Homeland Security under
any provision of law.
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for each of fiscal years 2008 through 2012.
SEC. 14113. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL
BIOSECURITY PLANNING, PREPAREDNESS, AND RESPONSE.
(a) Advanced Training Programs.--
(1) Grant assistance.--The Secretary shall establish a
competitive grant program to support the development and expansion
of advanced training programs in agricultural biosecurity planning
and response for food science professionals and veterinarians.
(2) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary such sums as may be necessary to
carry out this subsection for each of fiscal years 2008 through
2012.
(b) Assessment of Response Capability.--
(1) Grant and loan assistance.--The Secretary shall establish a
competitive grant and low-interest loan assistance program to
assist States in assessing agricultural disease response
capability.
(2) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $25,000,000 for each of
fiscal years 2008 through 2012.
CHAPTER 2--OTHER PROVISIONS
SEC. 14121. RESEARCH AND DEVELOPMENT OF AGRICULTURAL COUNTERMEASURES.
(a) Grant Program.--
(1) Competitive grant program.--The Secretary shall establish a
competitive grant program to encourage basic and applied research
and the development of qualified agricultural countermeasures.
(2) Waiver in emergencies.--The Secretary may waive the
requirement under paragraph (1) that a grant be provided on a
competitive basis if--
(A) the Secretary has declared a plant or animal disease
emergency under the Plant Protection Act (7 U.S.C. 7701 et
seq.) or the Animal Health Protection Act (7 U.S.C. 8301 et
seq.); and
(B) waiving the requirement would lead to the rapid
development of a qualified agricultural countermeasure, as
determined by the Secretary.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2008 through 2012.
SEC. 14122. AGRICULTURAL BIOSECURITY GRANT PROGRAM.
(a) Competitive Grant Program.--The Secretary shall establish a
competitive grant program to promote the development of teaching
programs in agriculture, veterinary medicine, and disciplines closely
allied to the food and agriculture system to increase the number of
trained individuals with an expertise in agricultural biosecurity.
(b) Eligibility.--The Secretary may award a grant under this
section only to an entity that is--
(1) an accredited school of veterinary medicine; or
(2) a department of an institution of higher education with a
primary focus on--
(A) comparative medicine;
(B) veterinary science; or
(C) agricultural biosecurity.
(c) Preference.--The Secretary shall give preference in awarding
grants based on the ability of an applicant--
(1) to increase the number of veterinarians or individuals with
advanced degrees in food and agriculture disciplines who are
trained in agricultural biosecurity practice areas;
(2) to increase research capacity in areas of agricultural
biosecurity; or
(3) to fill critical agricultural biosecurity shortage
situations outside of the Federal Government.
(d) Use of Funds..--
(1) In general.--Amounts received under this section shall be
used by a grantee to pay--
(A) costs associated with the acquisition of equipment and
other capital costs relating to the expansion of food,
agriculture, and veterinary medicine teaching programs in
agricultural biosecurity;
(B) capital costs associated with the expansion of academic
programs that offer postgraduate training for veterinarians or
concurrent training for veterinary students in specific areas
of specialization; or
(C) other capacity and infrastructure program costs that
the Secretary considers appropriate.
(2) Limitation.--Funds received under this section may not be
used for the construction, renovation, or rehabilitation of a
building or facility.
(e) Authorization of Appropriations.--There are authorized to be
appropriated sums as are necessary to carry out this section for each
of fiscal years 2008 through 2012, to remain available until expended.
Subtitle C--Other Miscellaneous Provisions
SEC. 14201. COTTON CLASSIFICATION SERVICES.
Section 3a of the Act of March 3, 1927 (7 U.S.C. 473a), is amended
to read as follows:
``SEC. 3a. COTTON CLASSIFICATION SERVICES.
``(a) In General.--The Secretary of Agriculture (referred to in
this section as the `Secretary') shall--
``(1) make cotton classification services available to
producers of cotton; and
``(2) provide for the collection of classification fees from
participating producers or agents that voluntarily agree to collect
and remit the fees on behalf of producers.
``(b) Fees.--
``(1) Use of fees.--Classification fees collected under
subsection (a)(2) and the proceeds from the sales of samples
submitted under this section shall, to the maximum extent
practicable, be used to pay the cost of the services provided under
this section, including administrative and supervisory costs.
``(2) Announcement of fees.--The Secretary shall announce a
uniform classification fee and any applicable surcharge for
classification services not later than June 1 of the year in which
the fee applies.
``(c) Consultation.--
``(1) In general.--In establishing the amount of fees under
this section, the Secretary shall consult with representatives of
the United States cotton industry.
``(2) Exemption.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to consultations with representatives of the
United States cotton industry under this section.
``(d) Crediting of Fees.--Any fees collected under this section and
under section 3d, late payment penalties, the proceeds from the sales
of samples, and interest earned from the investment of such funds
shall--
``(1) be credited to the current appropriation account that
incurs the cost of services provided under this section and section
3d; and
``(2) remain available without fiscal year limitation to pay
the expenses of the Secretary in providing those services.
``(e) Investment of Funds.--Funds described in subsection (d) may
be invested--
``(1) by the Secretary in insured or fully collateralized,
interest-bearing accounts; or
``(2) at the discretion of the Secretary, by the Secretary of
the Treasury in United States Government debt instruments.
``(f) Lease Agreements.--Notwithstanding any other provision of
law, the Secretary may enter into long-term lease agreements that
exceed 5 years or may take title to property (including through
purchase agreements) for the purpose of obtaining offices to be used
for the classification of cotton in accordance with this Act, if the
Secretary determines that action would best effectuate the purposes of
this Act.
``(g) Authorization of Appropriations.--To the extent that
financing is not available from fees and the proceeds from the sales of
samples, there are authorized to be appropriated such sums as are
necessary to carry out this section.''.
SEC. 14202. DESIGNATION OF STATES FOR COTTON RESEARCH AND PROMOTION.
Section 17(f) of the Cotton Research and Promotion Act (7 U.S.C.
2116(f)) is amended--
(1) by striking ``(f) The term'' and inserting the following:
``(f) Cotton-Producing State.--
``(1) In general.--The term'';
(2) by striking ``more, and the term'' and all that follows
through the end of the subsection and inserting the following:
``more.
``(2) Inclusions.--The term `cotton-producing State' includes--
``(A) any combination of States described in paragraph (1);
and
``(B) effective beginning with the 2008 crop of cotton, the
States of Kansas, Virginia, and Florida.''.
SEC. 14203. GRANTS TO REDUCE PRODUCTION OF METHAMPHETAMINES FROM
ANHYDROUS AMMONIA.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a producer of agricultural commodities;
(B) a cooperative association, a majority of the members of
which produce or process agricultural commodities; or
(C) a person in the trade or business of--
(i) selling an agricultural product (including an
agricultural chemical) at retail, predominantly to farmers
and ranchers; or
(ii) aerial and ground application of an agricultural
chemical.
(2) Nurse tank.--The term ``nurse tank'' shall be considered to
be a cargo tank (within the meaning of section 173.315(m) of title
49, Code of Federal Regulations, as in effect as of the date of the
enactment of this Act).
(b) Grant Authority.--The Secretary may make a grant to an eligible
entity to enable the eligible entity to obtain and add to an anhydrous
ammonia fertilizer nurse tank a physical lock or a substance to reduce
the amount of methamphetamine that can be produced from any anhydrous
ammonia removed from the nurse tank.
(c) Grant Amount.--The amount of a grant made under this section to
an eligible entity shall be the product obtained by multiplying--
(1) an amount not less than $40 and not more than $60, as
determined by the Secretary; and
(2) the number of fertilizer nurse tanks of the eligible
entity.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to make grants under this section
$15,000,000 for the period of fiscal years 2008 through 2012.
SEC. 14204. GRANTS TO IMPROVE SUPPLY, STABILITY, SAFETY, AND TRAINING
OF AGRICULTURAL LABOR FORCE.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means an entity described in section 379C(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2008q(a)).
(b) Grants.--
(1) In general.--To assist agricultural employers and
farmworkers by improving the supply, stability, safety, and
training of the agricultural labor force, the Secretary may provide
grants to eligible entities for use in providing services to assist
farmworkers who are citizens or otherwise legally present in the
United States in securing, retaining, upgrading, or returning from
agricultural jobs.
(2) Eligible services.--The services referred to in paragraph
(1) include--
(A) agricultural labor skills development;
(B) the provision of agricultural labor market information;
(C) transportation;
(D) short-term housing while in transit to an agricultural
worksite;
(E) workplace literacy and assistance with English as a
second language;
(F) health and safety instruction, including ways of
safeguarding the food supply of the United States; and
(G) such other services as the Secretary determines to be
appropriate.
(c) Limitation on Administrative Expenses.--Not more than 15
percent of the funds made available to carry out this section for a
fiscal year may be used to pay for administrative expenses.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2008 through 2012.
SEC. 14205. AMENDMENT TO THE RIGHT TO FINANCIAL PRIVACY ACT OF 1978.
Section 1113(k) of the Right to Financial Privacy Act of 1978 (12
U.S.C. 3413(k)) is amended--
(1) by striking the subsection heading and inserting the
following:
``(k) Disclosure Necessary for Proper Administration of Programs of
Certain Government Authorities.--''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Nothing in this title shall apply to the disclosure by
the financial institution of information contained in the financial
records of any customer to any Government authority that certifies,
disburses, or collects payments, where the disclosure of such
information is necessary to, and such information is used solely
for the purpose of--
``(A) verification of the identity of any person or proper
routing and delivery of funds in connection with the issuance
of a Federal payment or collection of funds by a Government
authority; or
``(B) the investigation or recovery of an improper Federal
payment or collection of funds or an improperly negotiated
Treasury check.
``(3) Notwithstanding any other provision of law, a request
authorized by paragraph (1) or (2) (and the information contained
therein) may be used by the financial institution or its agents
solely for the purpose of providing information contained in the
financial records of the customer to the Government authority
requesting the information, and the financial institution and its
agents shall be barred from redisclosure of such information. Any
Government authority receiving information pursuant to paragraph
(1) or (2) may not disclose or use the information, except for the
purposes set forth in such paragraph.''.
SEC. 14206. REPORT ON STORED QUANTITIES OF PROPANE.
(a) Report.--
(1) In general.--Not later than 240 days after the date of the
enactment of this Act, the Secretary of Homeland Security (referred
to in this section as the ``Secretary'') shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the Senate and
the Committee on Agriculture of the House of Representatives a
report describing the effect of interim or final regulations issued
by the Secretary pursuant to section 550(a) of the Department of
Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note;
Public Law 109-295), with respect to possession of quantities of
propane that meet or exceed the screening threshold quantity for
propane established in the final rule under that section.
(2) Inclusions.--The report under paragraph (1) shall include a
description of--
(A) the number of facilities that completed a top screen
consequence assessment due to possession of quantities of
propane that meet or exceed the listed screening threshold
quantity for propane;
(B) the number of agricultural facilities that completed
the top screen consequence assessment due to possession of
quantities of propane that meet or exceed the listed screening
threshold quantity for propane;
(C) the number of propane facilities initially determined
to be high risk by the Secretary;
(D) the number of propane facilities--
(i) required to complete a security vulnerability
assessment or a site security plan; or
(ii) that submit to the Secretary an alternative
security program;
(E) the number of propane facilities that file an appeal of
a finding under the final rule described in paragraph (1); and
(F) to the extent available, the average cost of--
(i) completing a top screen consequence assessment
requirement;
(ii) completing a security vulnerability assessment;
and
(iii) completing and implementing a site security plan;
and
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(b) Educational Outreach.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall conduct educational
outreach activities for rural facilities that may be required to
complete a top screen consequence assessment due to possession of
propane in a quantity that meets or exceeds the listed screening
threshold quantity for propane.
SEC. 14207. PROHIBITIONS ON DOG FIGHTING VENTURES.
(a) In General.--Section 26 of the Animal Welfare Act (7 U.S.C.
2156) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``, if any animal in the
venture was moved in interstate or foreign commerce''; and
(B) in the heading of paragraph (2), by striking ``state''
and inserting ``State'';
(2) in subsection (b)--
(A) by striking ``(b) It shall be'' and inserting the
following:
``(b) Buying, Selling, Delivering, Possessing, Training, or
Transporting Animals for Participation in Animal Fighting Venture.--It
shall be''; and
(B) by striking ``transport, deliver'' and all that follows
through ``participate'' and inserting ``possess, train,
transport, deliver, or receive any animal for purposes of
having the animal participate'';
(3) in subsection (c)--
(A) by striking ``(c) It shall be'' and inserting the
following:
``(c) Use of Postal Service or Other Interstate Instrumentality for
Promoting or Furthering Animal Fighting Venture.--It shall be''; and
(B) by inserting ``advertising an animal, or an instrument
described in subsection (e), for use in an animal fighting
venture,'' after ``for purposes of'';
(4) in subsection (d), by striking ``(d) Notwithstanding'' and
inserting the following:
``(d) Violation of State Law.--Notwithstanding'';
(5) in subsection (e), by striking ``(e) It shall be'' and
inserting the following:
``(e) Buying, Selling, Delivering, or Transporting Sharp
Instruments for Use in Animal Fighting Venture.--It shall be'';
(6) in subsection (f)--
(A) by striking ``(f) The Secretary'' and inserting the
following:
``(f) Investigation of Violations by Secretary; Assistance by Other
Federal Agencies; Issuance of Search Warrant; Forfeiture; Costs
Recoverable in Forfeiture or Civil Action.--The Secretary''; and
(B) in the last sentence--
(i) by striking ``by the United States'';
(ii) by inserting ``(1)'' after ``owner of the
animals''; and
(iii) by striking ``proceeding or in'' and inserting
``proceeding, or (2) in'';
(7) in subsection (g)--
(A) by striking ``(g) For purposes of'' and inserting the
following:
``(g) Definitions.--In'';
(B) in paragraph (1), by striking ``any event'' and all
that follows through ``entertainment'' and inserting ``any
event, in or affecting interstate or foreign commerce, that
involves a fight conducted or to be conducted between at least
2 animals for purposes of sport, wagering, or entertainment,'';
(C) by striking paragraph (2);
(D) in paragraph (5)--
(i) by striking ``dog or other''; and
(ii) by striking ``; and'' and inserting a period; and
(E) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively;
(8) by redesignating subsections (h) and (i) as subsections (i)
and (j), respectively;
(9) in subsection (i) (as so redesignated), by striking
``(i)(1) The provisions'' and inserting the following:
``(i) Conflict With State Law.--
``(1) In general.--The provisions'';
(10) in subsection (j) (as so redesignated), by striking ``(j)
The criminal'' and inserting the following:
``(j) Criminal Penalties.--The criminal''; and
(11) in subsection (g)(6), by striking ``(6) the conduct'' and
inserting the following:
``(h) Relationship to Other Provisions.--The conduct''.
(b) Enforcement of Animal Fighting Prohibitions.--Section 49 of
title 18, United States Code, is amended by striking ``3 years'' and
inserting ``5 years''.
SEC. 14208. DEPARTMENT OF AGRICULTURE CONFERENCE TRANSPARENCY.
(a) Report.--
(1) Requirement.--Not later than September 30 of each year, the
Secretary of Agriculture 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
conferences sponsored or held by the Department of Agriculture or
attended by employees of the Department of Agriculture.
(2) Contents.--Each report under paragraph (1) shall contain--
(A) for each conference sponsored or held by the Department
or attended by employees of the Department--
(i) the name of the conference;
(ii) the location of the conference;
(iii) the number of Department of Agriculture employees
attending the conference; and
(iv) the costs (including travel expenses) relating to
such conference; and
(B) for each conference sponsored or held by the Department
of Agriculture for which the Department awarded a procurement
contract, a description of the contracting procedures related
to such conference.
(3) Exclusions.--The requirement in paragraph (1) shall not
apply to any conference--
(A) for which the cost to the Federal Government was less
than $10,000; or
(B) outside of the United States that is attended by the
Secretary or the Secretary's designee as an official
representative of the United States government.
(b) Availability of Report.--Each report submitted in accordance
with subsection (a) shall be posted in a searchable format on a
Department of Agriculture website that is available to the public.
(c) Definition of Conference.--In this section, the term
``conference''--
(1) means a meeting that--
(A) is held for consultation, education, awareness, or
discussion;
(B) includes participants from at least one agency of the
Department of Agriculture;
(C) is held in whole or in part at a facility outside of an
agency of the Department of Agriculture; and
(D) involves costs associated with travel and lodging for
some participants; and
(2) does not include any training program that is continuing
education or a curriculum-based educational program, provided that
such training program is held independent of a conference of a non-
governmental organization.
SEC. 14209. FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
AMENDMENTS.
(a) Payment of Expenses.--Section 17(d) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136o(d)) is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Administrator''; and
(2) by adding at the end the following new paragraph:
``(2) Department of state expenses.--Any expenses incurred by
an employee of the Environmental Protection Agency who participates
in any international technical, economic, or policy review board,
committee, or other official body that is meeting in relation to an
international treaty shall be paid by the Department of State.''.
(b) Container Recycling.--Section 19(a) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136q(a)) is amended by adding
at the end the following new paragraph:
``(4) Container recycling.--The Secretary may promulgate a
regulation for the return and recycling of disposable pesticide
containers used for the distribution or sale of registered
pesticide products in interstate commerce. Any such regulation
requiring recycling of disposable pesticide containers shall not
apply to antimicrobial pesticides (as defined in section 2) or
other pesticide products intended for non-agricultural uses.''.
SEC. 14210. IMPORTATION OF LIVE DOGS.
(a) In General.--The Animal Welfare Act is amended by adding after
section 17 (7 U.S.C. 2147) the following:
``SEC. 18. IMPORTATION OF LIVE DOGS.
``(a) Definitions.--In this section:
``(1) Importer.--The term `importer' means any person who, for
purposes of resale, transports into the United States puppies from
a foreign country.
``(2) Resale.--The term `resale' includes any transfer of
ownership or control of an imported dog of less than 6 months of
age to another person, for more than de minimis consideration.
``(b) Requirements.--
``(1) In general.--Except as provided in paragraph (2), no
person shall import a dog into the United States for purposes of
resale unless, as determined by the Secretary, the dog--
``(A) is in good health;
``(B) has received all necessary vaccinations; and
``(C) is at least 6 months of age, if imported for resale.
``(2) Exception.--
``(A) In general.--The Secretary, by regulation, shall
provide an exception to any requirement under paragraph (1) in
any case in which a dog is imported for--
``(i) research purposes; or
``(ii) veterinary treatment.
``(B) Lawful importation into hawaii.--Paragraph (1)(C)
shall not apply to the lawful importation of a dog into the
State of Hawaii from the British Isles, Australia, Guam, or New
Zealand in compliance with the applicable regulations of the
State of Hawaii and the other requirements of this section, if
the dog is not transported out of the State of Hawaii for
purposes of resale at less than 6 months of age.
``(c) Implementation and Regulations.--The Secretary, the Secretary
of Health and Human Services, the Secretary of Commerce, and the
Secretary of Homeland Security shall promulgate such regulations as the
Secretaries determine to be necessary to implement and enforce this
section.
``(d) Enforcement.--An importer that fails to comply with this
section shall--
``(1) be subject to penalties under section 19; and
``(2) provide for the care (including appropriate veterinary
care), forfeiture, and adoption of each applicable dog, at the
expense of the importer.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on the date of the enactment of this Act.
SEC. 14211. PERMANENT DEBARMENT FROM PARTICIPATION IN DEPARTMENT OF
AGRICULTURE PROGRAMS FOR FRAUD.
(a) In General.--Subject to subsection (b), the Secretary of
Agriculture shall permanently debar an individual, organization,
corporation, or other entity convicted of a felony for knowingly
defrauding the United States in connection with any program
administered by the Department of Agriculture from any subsequent
participation in Department of Agriculture programs.
(b) Exceptions.--
(1) Secretary determination.--The Secretary may reduce a
debarment under subsection (a) to a period of not less than 10
years if the Secretary considers it appropriate.
(2) Food assistance.--A debarment under subsection (a) shall
not apply with respect to participation in domestic food assistance
programs (as defined by the Secretary).
SEC. 14212. PROHIBITION ON CLOSURE OR RELOCATION OF COUNTY OFFICES FOR
THE FARM SERVICE AGENCY.
(a) Temporary Prohibition.--
(1) In general.--Subject to paragraph (2), until the date that
is two years after the date of the enactment of this Act, the
Secretary of Agriculture may not close or relocate a county or
field office of the Farm Service Agency.
(2) Exception.--Paragraph (1) shall not apply to--
(A) an office that is located not more than 20 miles from
another office of the Farm Service Agency; or
(B) the relocation of an office within the same county in
the course of routine leasing operations.
(b) Limitation on Closure; Notice.--
(1) Limitation.--After the period referred to in subsection
(a)(1), the Secretary shall, before closing any office of the Farm
Service Agency that is located more than 20 miles from another
office of the Farm Service Agency, to the maximum extent
practicable, first close any offices of the Farm Service Agency
that--
(A) are located less than 20 miles from another office of
the Farm Service Agency; and
(B) have two or fewer permanent full-time employees.
(2) Notice.--After the period referred to in subsection (a)(1),
the Secretary of Agriculture may not close a county or field office
of the Farm Service Agency unless--
(A) not later than 30 days after the Secretary proposes to
close such office, the Secretary holds a public meeting
regarding the proposed closure in the county in which such
office is located; and
(B) after the public meeting referred to in subparagraph
(A), but not less than 90 days before the date on which the
Secretary approves the closure of such office, the Secretary
notifies the Committee on Agriculture and the Committee on
Appropriations of the House of Representatives, the Committee
on Agriculture, Nutrition, and Forestry and the Committee on
Appropriations of the Senate, each Senator representing the
State in which the office proposed to be closed is located, and
the member of the House of Representatives who represents the
Congressional district in which the office proposed to be
closed is located of the proposed closure of such office.
SEC. 14213. USDA GRADUATE SCHOOL.
(a) In General.--Section 921 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 2279b) is amended--
(1) in the heading, to read as follows:
``SEC. 921. DEPARTMENT OF AGRICULTURE EDUCATIONAL, TRAINING, AND
PROFESSIONAL DEVELOPMENT ACTIVITIES.''; and
(2) by striking subsection (b) and inserting the following new
subsection:
``(b) Operation as Nonappropriated Fund Instrumentality.--
``(1) Cease operations.--Not later than October 1, 2009, the
Secretary of Agriculture shall cease to maintain or operate a
nonappropriated fund instrumentality of the United States to
develop, administer, or provide educational training and
professional development activities, including educational
activities for Federal agencies, Federal employees, non-profit
organizations, other entities, and members of the general public.
``(2) Transition.--
``(A) In general.--The Secretary of Agriculture is
authorized to use funds available to the Department of
Agriculture and such resources of the Department as the
Secretary considers appropriate (including the assignment of
such employees of the Department as the Secretary considers
appropriate) to assist the General Administrative Board of the
Graduate School in the conversion of the Graduate School to an
entity that is non-governmental and not a nonappropriated fund
instrumentality of the United States, including such
privatization activities not otherwise inconsistent with law or
regulation.
``(B) Termination of authority.--The authority under
paragraph (1) shall terminate on the earlier of--
``(i) the completion of the transition of the Graduate
School to an entity that is non-governmental and not a
nonappropriated fund instrumentality of the United States,
as determined by the Secretary; or
``(ii) September 30, 2009.''.
(b) Procurement Procedures.--Notwithstanding the amendments made by
subsection (a), effective on the date of the enactment of this Act, the
Graduate School of the Department of Agriculture shall be subject to
Federal procurement laws and regulations in the same manner and subject
to the same requirements as a private entity providing services to the
Federal Government.
SEC. 14214. FINES FOR VIOLATIONS OF THE ANIMAL WELFARE ACT.
Section 19(b) of the Animal Welfare Act (7 U.S.C. 2149(b)) is
amended 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''.
SEC. 14215. DEFINITION OF CENTRAL FILING SYSTEM.
Section 1324(c)(2) of the Food Security Act of 1985 (7 U.S.C.
1631(c)(2)) is amended--
(1) in subparagraph (C)(ii)(II), by inserting after ``such
debtors'' the following: ``, except that the numerical list
containing social security or taxpayer identification numbers may
be encrypted for security purposes if the Secretary of State
provides a method by which an effective search of the encrypted
numbers may be conducted to determine whether the farm product at
issue is subject to 1 or more liens''; and
(2) in subparagraph (E)--
(A) by striking ``paragraph (C)'' and inserting
``subparagraph (C)''; and
(B) by inserting before the semicolon at the end the
following: ``except that--
``(i) the distribution of the portion of the master
list may be in electronic, written, or printed form; and
``(ii) if social security or taxpayer identification
numbers on the master list are encrypted, the Secretary of
State may distribute the master list only--
``(I) by compact disc or other electronic media
that contains--
``(aa) the recorded list of debtor names; and
``(bb) an encryption program that enables the
buyer, commission merchant, and selling agent to
enter a social security number for matching against
the recorded list of encrypted social security or
taxpayer identification numbers; and
``(II) on the written request of the buyer,
commission merchant, or selling agent, by paper copy of
the list to the requestor''.
SEC. 14216. CONSIDERATION OF PROPOSED RECOMMENDATIONS OF STUDY ON USE
OF CATS AND DOGS IN FEDERAL RESEARCH.
(a) In General.--The Secretary of Agriculture shall--
(1) review--
(A) any independent reviews conducted by a nationally
recognized panel of experts of the use of Class B dogs and cats
in federally supported research to determine how frequently
such dogs and cats are used in research by the National
Institutes of Health; and
(B) any recommendations proposed by such panel outlining
the parameters of such use; and
(2) 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 how recommendations referred to
in paragraph (1)(B) can be applied within the Department of
Agriculture to ensure such dogs and cats are treated in accordance
with regulations of the Department of Agriculture.
(b) Class B Dogs and Cats Defined.--In this section, the term
``Class B dogs and cats'' means dogs and cats obtained from a Class
``B'' licensee, as such term is defined in section 1.1 of title 9, Code
of Federal Regulations.
SEC. 14217. REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT.
(a) In General.--Title 40, United States Code, is amended--
(1) by redesignating subtitle V as subtitle VI; and
(2) by inserting after subtitle IV the following:
``Subtitle V--Regional Economic and Infrastructure Development
``Chapter.........................................................
``151. GENERAL PROVISIONS......................................... 15101
``153. REGIONAL COMMISSIONS....................................... 15301
``155. FINANCIAL ASSISTANCE....................................... 15501
``157. ADMINISTRATIVE PROVISIONS.................................. 15701
``CHAPTER 1--GENERAL PROVISIONS
``Sec.
``15101. Definitions.
``Sec. 15101. Definitions
``In this subtitle, the following definitions apply:
``(1) Commission.--The term `Commission' means a Commission
established under section 15301.
``(2) Local development district.--The term `local development
district' means an entity that--
``(A)(i) is an economic development district that is--
``(I) in existence on the date of the enactment of this
chapter; and
``(II) located in the region; or
``(ii) if an entity described in clause (i) does not
exist--
``(I) is organized and operated in a manner that
ensures broad-based community participation and an
effective opportunity for local officials, community
leaders, and the public to contribute to the development
and implementation of programs in the region;
``(II) is governed by a policy board with at least a
simple majority of members consisting of--
``(aa) elected officials; or
``(bb) designees or employees of a general purpose
unit of local government that have been appointed to
represent the unit of local government; and
``(III) is certified by the Governor or appropriate
State officer as having a charter or authority that
includes the economic development of counties, portions of
counties, or other political subdivisions within the
region; and
``(B) has not, as certified by the Federal Cochairperson--
``(i) inappropriately used Federal grant funds from any
Federal source; or
``(ii) appointed an officer who, during the period in
which another entity inappropriately used Federal grant
funds from any Federal source, was an officer of the other
entity.
``(3) Federal grant program.--The term `Federal grant program'
means a Federal grant program to provide assistance in carrying out
economic and community development activities.
``(4) 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).
``(5) Nonprofit entity.--The term `nonprofit entity' means any
organization described in section 501(c) of the Internal Revenue
Code of 1986 and exempt from taxation under 501(a) of that Code
that has been formed for the purpose of economic development.
``(6) Region.--The term `region' means the area covered by a
Commission as described in subchapter II of chapter 157.
``CHAPTER 2--REGIONAL COMMISSIONS
``Sec.
``15301. Establishment, membership, and employees.
``15302. Decisions.
``15303. Functions.
``15304. Administrative powers and expenses.
``15305. Meetings.
``15306. Personal financial interests.
``15307. Tribal participation.
``15308. Annual report.
``Sec. 15301. Establishment, membership, and employees
``(a) Establishment.--There are established the following regional
Commissions:
``(1) The Southeast Crescent Regional Commission.
``(2) The Southwest Border Regional Commission.
``(3) The Northern Border Regional Commission.
``(b) Membership.--
``(1) Federal and state members.--Each Commission shall be
composed of the following members:
``(A) A Federal Cochairperson, to be appointed by the
President, by and with the advice and consent of the Senate.
``(B) The Governor of each participating State in the
region of the Commission.
``(2) Alternate members.--
``(A) Alternate federal cochairperson.--The President shall
appoint an alternate Federal Cochairperson for each Commission.
The alternate Federal Cochairperson, when not actively serving
as an alternate for the Federal Cochairperson, shall perform
such functions and duties as are delegated by the Federal
Cochairperson.
``(B) State alternates.--The State member of a
participating State may have a single alternate, who shall be
appointed by the Governor of the State from among the members
of the Governor's cabinet or personal staff.
``(C) Voting.--An alternate member shall vote in the case
of the absence, death, disability, removal, or resignation of
the Federal or State member for which the alternate member is
an alternate.
``(3) Cochairpersons.--A Commission shall be headed by--
``(A) the Federal Cochairperson, who shall serve as a
liaison between the Federal Government and the Commission; and
``(B) a State Cochairperson, who shall be a Governor of a
participating State in the region and shall be elected by the
State members for a term of not less than 1 year.
``(4) Consecutive terms.--A State member may not be elected to
serve as State Cochairperson for more than 2 consecutive terms.
``(c) Compensation.--
``(1) Federal cochairpersons.--Each Federal Cochairperson shall
be compensated by the Federal Government at level III of the
Executive Schedule as set out in section 5314 of title 5.
``(2) Alternate federal cochairpersons.--Each Federal
Cochairperson's alternate shall be compensated by the Federal
Government at level V of the Executive Schedule as set out in
section 5316 of title 5.
``(3) State members and alternates.--Each State member and
alternate shall be compensated by the State that they represent at
the rate established by the laws of that State.
``(d) Executive Director and Staff.--
``(1) In general.--A Commission shall appoint and fix the
compensation of an executive director and such other personnel as
are necessary to enable the Commission to carry out its duties.
Compensation under this paragraph may not exceed the maximum rate
of basic pay established for the Senior Executive Service under
section 5382 of title 5, including any applicable locality-based
comparability payment that may be authorized under section
5304(h)(2)(C) of that title.
``(2) Executive director.--The executive director shall be
responsible for carrying out the administrative duties of the
Commission, directing the Commission staff, and such other duties
as the Commission may assign.
``(e) No Federal Employee Status.--No member, alternate, officer,
or employee of a Commission (other than the Federal Cochairperson, the
alternate Federal Cochairperson, staff of the Federal Cochairperson,
and any Federal employee detailed to the Commission) shall be
considered to be a Federal employee for any purpose.
``Sec. 15302. Decisions
``(a) Requirements for Approval.--Except as provided in section
15304(c)(3), decisions by the Commission shall require the affirmative
vote of the Federal Cochairperson and a majority of the State members
(exclusive of members representing States delinquent under section
15304(c)(3)(C)).
``(b) Consultation.--In matters coming before the Commission, the
Federal Cochairperson shall, to the extent practicable, consult with
the Federal departments and agencies having an interest in the subject
matter.
``(c) Quorums.--A Commission shall determine what constitutes a
quorum for Commission meetings; except that--
``(1) any quorum shall include the Federal Cochairperson or the
alternate Federal Cochairperson; and
``(2) a State alternate member shall not be counted toward the
establishment of a quorum.
``(d) Projects and Grant Proposals.--The approval of project and
grant proposals shall be a responsibility of each Commission and shall
be carried out in accordance with section 15503.
``Sec. 15303. Functions
``A Commission shall--
``(1) assess the needs and assets of its region based on
available research, demonstration projects, investigations,
assessments, and evaluations of the region prepared by Federal,
State, and local agencies, universities, local development
districts, and other nonprofit groups;
``(2) develop, on a continuing basis, comprehensive and
coordinated economic and infrastructure development strategies to
establish priorities and approve grants for the economic
development of its region, giving due consideration to other
Federal, State, and local planning and development activities in
the region;
``(3) not later than one year after the date of the enactment
of this section, and after taking into account State plans
developed under section 15502, establish priorities in an economic
and infrastructure development plan for its region, including 5-
year regional outcome targets;
``(4)(A) enhance the capacity of, and provide support for,
local development districts in its region; or
``(B) if no local development district exists in an area in a
participating State in the region, foster the creation of a local
development district;
``(5) encourage private investment in industrial, commercial,
and other economic development projects in its region;
``(6) cooperate with and assist State governments with the
preparation of economic and infrastructure development plans and
programs for participating States;
``(7) formulate and recommend to the Governors and legislatures
of States that participate in the Commission forms of interstate
cooperation and, where appropriate, international cooperation; and
``(8) work with State and local agencies in developing
appropriate model legislation to enhance local and regional
economic development.
``Sec. 15304. Administrative powers and expenses
``(a) Powers.--In carrying out its duties under this subtitle, a
Commission may--
``(1) hold such hearings, sit and act at such times and places,
take such testimony, receive such evidence, and print or otherwise
reproduce and distribute a description of the proceedings and
reports on actions by the Commission as the Commission considers
appropriate;
``(2) authorize, through the Federal or State Cochairperson or
any other member of the Commission designated by the Commission,
the administration of oaths if the Commission determines that
testimony should be taken or evidence received under oath;
``(3) request from any Federal, State, or local agency such
information as may be available to or procurable by the agency that
may be of use to the Commission in carrying out the duties of the
Commission;
``(4) adopt, amend, and repeal bylaws and rules governing the
conduct of business and the performance of duties by the
Commission;
``(5) request the head of any Federal agency, State agency, or
local government to detail to the Commission such personnel as the
Commission requires to carry out its duties, each such detail to be
without loss of seniority, pay, or other employee status;
``(6) provide for coverage of Commission employees in a
suitable retirement and employee benefit system by making
arrangements or entering into contracts with any participating
State government or otherwise providing retirement and other
employee coverage;
``(7) accept, use, and dispose of gifts or donations or
services or real, personal, tangible, or intangible property;
``(8) enter into and perform such contracts, cooperative
agreements, or other transactions as are necessary to carry out
Commission duties, including any contracts or cooperative
agreements with a department, agency, or instrumentality of the
United States, a State (including a political subdivision, agency,
or instrumentality of the State), or a person, firm, association,
or corporation; and
``(9) maintain a government relations office in the District of
Columbia and establish and maintain a central office at such
location in its region as the Commission may select.
``(b) Federal Agency Cooperation.--A Federal agency shall--
``(1) cooperate with a Commission; and
``(2) provide, to the extent practicable, on request of the
Federal Cochairperson, appropriate assistance in carrying out this
subtitle, in accordance with applicable Federal laws (including
regulations).
``(c) Administrative Expenses.--
``(1) In general.--Subject to paragraph (2), the administrative
expenses of a Commission shall be paid--
``(A) by the Federal Government, in an amount equal to 50
percent of the administrative expenses of the Commission; and
``(B) by the States participating in the Commission, in an
amount equal to 50 percent of the administrative expenses.
``(2) Expenses of the federal cochairperson.--All expenses of
the Federal Cochairperson, including expenses of the alternate and
staff of the Federal Cochairperson, shall be paid by the Federal
Government.
``(3) State share.--
``(A) In general.--Subject to subparagraph (B), the share
of administrative expenses of a Commission to be paid by each
State of the Commission shall be determined by a unanimous vote
of the State members of the Commission.
``(B) No federal participation.--The Federal Cochairperson
shall not participate or vote in any decision under
subparagraph (A).
``(C) Delinquent states.--During any period in which a
State is more than 1 year delinquent in payment of the State's
share of administrative expenses of the Commission under this
subsection--
``(i) no assistance under this subtitle shall be
provided to the State (including assistance to a political
subdivision or a resident of the State) for any project not
approved as of the date of the commencement of the
delinquency; and
``(ii) no member of the Commission from the State shall
participate or vote in any action by the Commission.
``(4) Effect on assistance.--A State's share of administrative
expenses of a Commission under this subsection shall not be taken
into consideration when determining the amount of assistance
provided to the State under this subtitle.
``Sec. 15305. Meetings
``(a) Initial Meeting.--Each Commission shall hold an initial
meeting not later than 180 days after the date of the enactment of this
section.
``(b) Annual Meeting.--Each Commission shall conduct at least 1
meeting each year with the Federal Cochairperson and at least a
majority of the State members present.
``(c) Additional Meetings.--Each Commission shall conduct
additional meetings at such times as it determines and may conduct such
meetings by electronic means.
``Sec. 15306. Personal financial interests
``(a) Conflicts of Interest.--
``(1) No role allowed.--Except as permitted by paragraph (2),
an individual who is a State member or alternate, or an officer or
employee of a Commission, shall not participate personally and
substantially as a member, alternate, officer, or employee of the
Commission, through decision, approval, disapproval,
recommendation, request for a ruling, or other determination,
contract, claim, controversy, or other matter in which, to the
individual's knowledge, any of the following has a financial
interest:
``(A) The individual.
``(B) The individual's spouse, minor child, or partner.
``(C) An organization (except a State or political
subdivision of a State) in which the individual is serving as
an officer, director, trustee, partner, or employee.
``(D) Any person or organization with whom the individual
is negotiating or has any arrangement concerning prospective
employment.
``(2) Exception.--Paragraph (1) shall not apply if the
individual, in advance of the proceeding, application, request for
a ruling or other determination, contract, claim controversy, or
other particular matter presenting a potential conflict of
interest--
``(A) advises the Commission of the nature and
circumstances of the matter presenting the conflict of
interest;
``(B) makes full disclosure of the financial interest; and
``(C) receives a written decision of the Commission that
the interest is not so substantial as to be considered likely
to affect the integrity of the services that the Commission may
expect from the individual.
``(3) Violation.--An individual violating this subsection shall
be fined under title 18, imprisoned for not more than 1 year, or
both.
``(b) State Member or Alternate.--A State member or alternate
member may not receive any salary, or any contribution to, or
supplementation of, salary, for services on a Commission from a source
other than the State of the member or alternate.
``(c) Detailed Employees.--
``(1) In general.--No person detailed to serve a Commission
shall receive any salary, or any contribution to, or
supplementation of, salary, for services provided to the Commission
from any source other than the State, local, or intergovernmental
department or agency from which the person was detailed to the
Commission.
``(2) Violation.--Any person that violates this subsection
shall be fined under title 18, imprisoned not more than 1 year, or
both.
``(d) Federal Cochairman, Alternate to Federal Cochairman, and
Federal Officers and Employees.--The Federal Cochairman, the alternate
to the Federal Cochairman, and any Federal officer or employee detailed
to duty with the Commission are not subject to this section but remain
subject to sections 202 through 209 of title 18.
``(e) Rescission.--A Commission may declare void any contract,
loan, or grant of or by the Commission in relation to which the
Commission determines that there has been a violation of any provision
under subsection (a)(1), (b), or (c), or any of the provisions of
sections 202 through 209 of title 18.
``Sec. 15307. Tribal participation
``Governments of Indian tribes in the region of the Southwest
Border Regional Commission shall be allowed to participate in matters
before that Commission in the same manner and to the same extent as
State agencies and instrumentalities in the region.
``Sec. 15308. Annual report
``(a) In General.--Not later than 90 days after the last day of
each fiscal year, each Commission shall submit to the President and
Congress a report on the activities carried out by the Commission under
this subtitle in the fiscal year.
``(b) Contents.--The report shall include--
``(1) a description of the criteria used by the Commission to
designate counties under section 15702 and a list of the counties
designated in each category;
``(2) an evaluation of the progress of the Commission in
meeting the goals identified in the Commission's economic and
infrastructure development plan under section 15303 and State
economic and infrastructure development plans under section 15502;
and
``(3) any policy recommendations approved by the Commission.
``CHAPTER 3--FINANCIAL ASSISTANCE
``Sec.
``15501. Economic and infrastructure development grants.
``15502. Comprehensive economic and infrastructure development plans.
``15503. Approval of applications for assistance.
``15504. Program development criteria.
``15505. Local development districts and organizations.
``15506. Supplements to Federal grant programs.
``Sec. 15501. Economic and infrastructure development grants
``(a) In General.--A Commission may make grants to States and local
governments, Indian tribes, and public and nonprofit organizations for
projects, approved in accordance with section 15503--
``(1) to develop the transportation infrastructure of its
region;
``(2) to develop the basic public infrastructure of its region;
``(3) to develop the telecommunications infrastructure of its
region;
``(4) to assist its region in obtaining job skills training,
skills development and employment-related education,
entrepreneurship, technology, and business development;
``(5) to provide assistance to severely economically distressed
and underdeveloped areas of its region that lack financial
resources for improving basic health care and other public
services;
``(6) to promote resource conservation, tourism, recreation,
and preservation of open space in a manner consistent with economic
development goals;
``(7) to promote the development of renewable and alternative
energy sources; and
``(8) to otherwise achieve the purposes of this subtitle.
``(b) Allocation of Funds.--A Commission shall allocate at least 40
percent of any grant amounts provided by the Commission in a fiscal
year for projects described in paragraphs (1) through (3) of subsection
(a).
``(c) Sources of Grants.--Grant amounts may be provided entirely
from appropriations to carry out this subtitle, in combination with
amounts available under other Federal grant programs, or from any other
source.
``(d) Maximum Commission Contributions.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Commission may contribute not more than 50 percent of a project or
activity cost eligible for financial assistance under this section
from amounts appropriated to carry out this subtitle.
``(2) Distressed counties.--The maximum Commission contribution
for a project or activity to be carried out in a county for which a
distressed county designation is in effect under section 15702 may
be increased to 80 percent.
``(3) Special rule for regional projects.--A Commission may
increase to 60 percent under paragraph (1) and 90 percent under
paragraph (2) the maximum Commission contribution for a project or
activity if--
``(A) the project or activity involves 3 or more counties
or more than one State; and
``(B) the Commission determines in accordance with section
15302(a) that the project or activity will bring significant
interstate or multicounty benefits to a region.
``(e) Maintenance of Effort.--Funds may be provided by a Commission
for a program or project in a State under this section only if the
Commission determines that the level of Federal or State financial
assistance provided under a law other than this subtitle, for the same
type of program or project in the same area of the State within region,
will not be reduced as a result of funds made available by this
subtitle.
``(f) No Relocation Assistance.--Financial assistance authorized by
this section may not be used to assist a person or entity in relocating
from one area to another.
``Sec. 15502. Comprehensive economic and infrastructure development
plans
``(a) State Plans.--In accordance with policies established by a
Commission, each State member of the Commission shall submit a
comprehensive economic and infrastructure development plan for the area
of the region represented by the State member.
``(b) Content of Plan.--A State economic and infrastructure
development plan shall reflect the goals, objectives, and priorities
identified in any applicable economic and infrastructure development
plan developed by a Commission under section 15303.
``(c) Consultation With Interested Local Parties.--In carrying out
the development planning process (including the selection of programs
and projects for assistance), a State shall--
``(1) consult with local development districts, local units of
government, and local colleges and universities; and
``(2) take into consideration the goals, objectives,
priorities, and recommendations of the entities described in
paragraph (1).
``(d) Public Participation.--
``(1) In general.--A Commission and applicable State and local
development districts shall encourage and assist, to the maximum
extent practicable, public participation in the development,
revision, and implementation of all plans and programs under this
subtitle.
``(2) Guidelines.--A Commission shall develop guidelines for
providing public participation, including public hearings.
``Sec. 15503. Approval of applications for assistance
``(a) Evaluation by State Member.--An application to a Commission
for a grant or any other assistance for a project under this subtitle
shall be made through, and evaluated for approval by, the State member
of the Commission representing the applicant.
``(b) Certification.--An application to a Commission for a grant or
other assistance for a project under this subtitle shall be eligible
for assistance only on certification by the State member of the
Commission representing the applicant that the application for the
project--
``(1) describes ways in which the project complies with any
applicable State economic and infrastructure development plan;
``(2) meets applicable criteria under section 15504;
``(3) adequately ensures that the project will be properly
administered, operated, and maintained; and
``(4) otherwise meets the requirements for assistance under
this subtitle.
``(c) Votes for Decisions.--On certification by a State member of a
Commission of an application for a grant or other assistance for a
specific project under this section, an affirmative vote of the
Commission under section 15302 shall be required for approval of the
application.
``Sec. 15504. Program development criteria
``In considering programs and projects to be provided assistance by
a Commission under this subtitle, and in establishing a priority
ranking of the requests for assistance provided to the Commission, the
Commission shall follow procedures that ensure, to the maximum extent
practicable, consideration of--
``(1) the relationship of the project or class of projects to
overall regional development;
``(2) the per capita income and poverty and unemployment and
outmigration rates in an area;
``(3) the financial resources available to the applicants for
assistance seeking to carry out the project, with emphasis on
ensuring that projects are adequately financed to maximize the
probability of successful economic development;
``(4) the importance of the project or class of projects in
relation to the other projects or classes of projects that may be
in competition for the same funds;
``(5) the prospects that the project for which assistance is
sought will improve, on a continuing rather than a temporary basis,
the opportunities for employment, the average level of income, or
the economic development of the area to be served by the project;
and
``(6) the extent to which the project design provides for
detailed outcome measurements by which grant expenditures and the
results of the expenditures may be evaluated.
``Sec. 15505. Local development districts and organizations
``(a) Grants to Local Development Districts.--Subject to the
requirements of this section, a Commission may make grants to a local
development district to assist in the payment of development planning
and administrative expenses.
``(b) Conditions for Grants.--
``(1) Maximum amount.--The amount of a grant awarded under this
section may not exceed 80 percent of the administrative and
planning expenses of the local development district receiving the
grant.
``(2) Maximum period for state agencies.--In the case of a
State agency certified as a local development district, a grant may
not be awarded to the agency under this section for more than 3
fiscal years.
``(3) Local share.--The contributions of a local development
district for administrative expenses may be in cash or in kind,
fairly evaluated, including space, equipment, and services.
``(c) Duties of Local Development Districts.--A local development
district shall--
``(1) operate as a lead organization serving multicounty areas
in the region at the local level;
``(2) assist the Commission in carrying out outreach activities
for local governments, community development groups, the business
community, and the public;
``(3) serve as a liaison between State and local governments,
nonprofit organizations (including community-based groups and
educational institutions), the business community, and citizens;
and
``(4) assist the individuals and entities described in
paragraph (3) in identifying, assessing, and facilitating projects
and programs to promote the economic development of the region.
``Sec. 15506. Supplements to Federal grant programs
``(a) Finding.--Congress finds that certain States and local
communities of the region, including local development districts, may
be unable to take maximum advantage of Federal grant programs for which
the States and communities are eligible because--
``(1) they lack the economic resources to provide the required
matching share; or
``(2) there are insufficient funds available under the
applicable Federal law with respect to a project to be carried out
in the region.
``(b) Federal Grant Program Funding.--A Commission, with the
approval of the Federal Cochairperson, may use amounts made available
to carry out this subtitle--
``(1) for any part of the basic Federal contribution to
projects or activities under the Federal grant programs authorized
by Federal laws; and
``(2) to increase the Federal contribution to projects and
activities under the programs above the fixed maximum part of the
cost of the projects or activities otherwise authorized by the
applicable law.
``(c) Certification Required.--For a program, project, or activity
for which any part of the basic Federal contribution to the project or
activity under a Federal grant program is proposed to be made under
subsection (b), the Federal contribution shall not be made until the
responsible Federal official administering the Federal law authorizing
the Federal contribution certifies that the program, project, or
activity meets the applicable requirements of the Federal law and could
be approved for Federal contribution under that law if amounts were
available under the law for the program, project, or activity.
``(d) Limitations in Other Laws Inapplicable.--Amounts provided
pursuant to this subtitle are available without regard to any
limitations on areas eligible for assistance or authorizations for
appropriation in any other law.
``(e) Federal Share.--The Federal share of the cost of a project or
activity receiving assistance under this section shall not exceed 80
percent.
``(f) Maximum Commission Contribution.--Section 15501(d), relating
to limitations on Commission contributions, shall apply to a program,
project, or activity receiving assistance under this section.
``CHAPTER 4--ADMINISTRATIVE PROVISIONS
``subchapter i--general provisions
``Sec. 15701. Consent of States.
``Sec. 15702. Distressed counties and areas.
``Sec. 15703. Counties eligible for assistance in more than one region.
``Sec. 15704. Inspector General; records.
``Sec. 15705. Biannual meetings of representatives of all Commissions.
``subchapter ii--designation of regions
``Sec. 15731. Southeast Crescent Regional Commission.
``Sec. 15732. Southwest Border Regional Commission.
``Sec. 15733. Northern Border Regional Commission.
``subchapter iii--authorization of appropriations
``Sec. 15751. Authorization of appropriations.
``SUBCHAPTER I--GENERAL PROVISIONS
``Sec. 15701. Consent of States
``This subtitle does not require a State to engage in or accept a
program under this subtitle without its consent.
``Sec. 15702. Distressed counties and areas
``(a) Designations.--Not later than 90 days after the date of the
enactment of this section, and annually thereafter, each Commission
shall make the following designations:
``(1) Distressed counties.--The Commission shall designate as
distressed counties those counties in its region that are the most
severely and persistently economically distressed and
underdeveloped and have high rates of poverty, unemployment, or
outmigration.
``(2) Transitional counties.--The Commission shall designate as
transitional counties those counties in its region that are
economically distressed and underdeveloped or have recently
suffered high rates of poverty, unemployment, or outmigration.
``(3) Attainment counties.--The Commission shall designate as
attainment counties, those counties in its region that are not
designated as distressed or transitional counties under this
subsection.
``(4) Isolated areas of distress.--The Commission shall
designate as isolated areas of distress, areas located in counties
designated as attainment counties under paragraph (3) that have
high rates of poverty, unemployment, or outmigration.
``(b) Allocation.--A Commission shall allocate at least 50 percent
of the appropriations made available to the Commission to carry out
this subtitle for programs and projects designed to serve the needs of
distressed counties and isolated areas of distress in the region.
``(c) Attainment Counties.--
``(1) In general.--Except as provided in paragraph (2), funds
may not be provided under this subtitle for a project located in a
county designated as an attainment county under subsection (a).
``(2) Exceptions.--
``(A) Administrative expenses of local development
districts.--The funding prohibition under paragraph (1) shall
not apply to grants to fund the administrative expenses of
local development districts under section 15505.
``(B) Multicounty and other projects.--A Commission may
waive the application of the funding prohibition under
paragraph (1) with respect to--
``(i) a multicounty project that includes participation
by an attainment county; and
``(ii) any other type of project, if a Commission
determines that the project could bring significant
benefits to areas of the region outside an attainment
county.
``(3) Isolated areas of distress.--For a designation of an
isolated area of distress to be effective, the designation shall be
supported--
``(A) by the most recent Federal data available; or
``(B) if no recent Federal data are available, by the most
recent data available through the government of the State in
which the isolated area of distress is located.
``Sec. 15703. Counties eligible for assistance in more than one region
``(a) Limitation.--A political subdivision of a State may not
receive assistance under this subtitle in a fiscal year from more than
one Commission.
``(b) Selection of Commission.--A political subdivision included in
the region of more than one Commission shall select the Commission with
which it will participate by notifying, in writing, the Federal
Cochairperson and the appropriate State member of that Commission.
``(c) Changes in Selections.--The selection of a Commission by a
political subdivision shall apply in the fiscal year in which the
selection is made, and shall apply in each subsequent fiscal year
unless the political subdivision, at least 90 days before the first day
of the fiscal year, notifies the Cochairpersons of another Commission
in writing that the political subdivision will participate in that
Commission and also transmits a copy of such notification to the
Cochairpersons of the Commission in which the political subdivision is
currently participating.
``(d) Inclusion of Appalachian Regional Commission.--In this
section, the term `Commission' includes the Appalachian Regional
Commission established under chapter 143.
``Sec. 15704. Inspector General; records
``(a) Appointment of Inspector General.--There shall be an
Inspector General for the Commissions appointed in accordance with
section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.). All
of the Commissions shall be subject to a single Inspector General.
``(b) Records of a Commission.--
``(1) In general.--A Commission shall maintain accurate and
complete records of all its transactions and activities.
``(2) Availability.--All records of a Commission shall be
available for audit and examination by the Inspector General
(including authorized representatives of the Inspector General).
``(c) Records of Recipients of Commission Assistance.--
``(1) In general.--A recipient of funds from a Commission under
this subtitle shall maintain accurate and complete records of
transactions and activities financed with the funds and report to
the Commission on the transactions and activities.
``(2) Availability.--All records required under paragraph (1)
shall be available for audit by the Commission and the Inspector
General (including authorized representatives of the Commission and
the Inspector General).
``(d) Annual Audit.--The Inspector General shall audit the
activities, transactions, and records of each Commission on an annual
basis.
``Sec. 15705. Biannual meetings of representatives of all Commissions
``(a) In General.--Representatives of each Commission, the
Appalachian Regional Commission, and the Denali Commission shall meet
biannually to discuss issues confronting regions suffering from chronic
and contiguous distress and successful strategies for promoting
regional development.
``(b) Chair of Meetings.--The chair of each meeting shall rotate
among the Commissions, with the Appalachian Regional Commission to host
the first meeting.
``SUBCHAPTER II--DESIGNATION OF REGIONS
``Sec. 15731. Southeast Crescent Regional Commission
``The region of the Southeast Crescent Regional Commission shall
consist of all counties of the States of Virginia, North Carolina,
South Carolina, Georgia, Alabama, Mississippi, and Florida not already
served by the Appalachian Regional Commission or the Delta Regional
Authority.
``Sec. 15732. Southwest Border Regional Commission
``The region of the Southwest Border Regional Commission shall
consist of the following political subdivisions:
``(1) Arizona.--The counties of Cochise, Gila, Graham,
Greenlee, La Paz, Maricopa, Pima, Pinal, Santa Cruz, and Yuma in
the State of Arizona.
``(2) California.--The counties of Imperial, Los Angeles,
Orange, Riverside, San Bernardino, San Diego, and Ventura in the
State of California.
``(3) New mexico.--The counties of Catron, Chaves, Dona Ana,
Eddy, Grant, Hidalgo, Lincoln, Luna, Otero, Sierra, and Socorro in
the State of New Mexico.
``(4) Texas.--The counties of Atascosa, Bandera, Bee, Bexar,
Brewster, Brooks, Cameron, Coke, Concho, Crane, Crockett,
Culberson, Dimmit, Duval, Ector, Edwards, El Paso, Frio, Gillespie,
Glasscock, Hidalgo, Hudspeth, Irion, Jeff Davis, Jim Hogg, Jim
Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney, Kleberg, La
Salle, Live Oak, Loving, Mason, Maverick, McMullen, Medina, Menard,
Midland, Nueces, Pecos, Presidio, Reagan, Real, Reeves, San
Patricio, Shleicher, Sutton, Starr, Sterling, Terrell, Tom Green
Upton, Uvalde, Val Verde, Ward, Webb, Willacy, Wilson, Winkler,
Zapata, and Zavala in the State of Texas.
``Sec. 15733. Northern Border Regional Commission
``The region of the Northern Border Regional Commission shall
include the following counties:
``(1) Maine.--The counties of Androscoggin, Aroostook,
Franklin, Hancock, Kennebec, Knox, Oxford, Penobscot, Piscataquis,
Somerset, Waldo, and Washington in the State of Maine.
``(2) New hampshire.--The counties of Carroll, Coos, Grafton,
and Sullivan in the State of New Hampshire.
``(3) New york.--The counties of Cayuga, Clinton, Essex,
Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Madison,
Oneida, Oswego, Seneca, and St. Lawrence in the State of New York.
``(4) Vermont.--The counties of Caledonia, Essex, Franklin,
Grand Isle, Lamoille, and Orleans in the State of Vermont.
``SUBCHAPTER III--AUTHORIZATION OF APPROPRIATIONS
``Sec. 15751. Authorization of appropriations
``(a) In General.--There is authorized to be appropriated to each
Commission to carry out this subtitle $30,000,000 for each of fiscal
years 2008 through 2012.
``(b) Administrative Expenses.--Not more than 10 percent of the
funds made available to a Commission in a fiscal year under this
section may be used for administrative expenses.''.
(b) Clerical Amendment to Table of Subtitles.--The table of
subtitles for chapter 40, United States Code, is amended by striking
the item relating to subtitle V and inserting the following:
``V. REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT.............15101
``VI. MISCELLANEOUS.............................................17101''.
(c) Conforming Amendments to Inspector General Act.--Section 11 of
the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or the President of the
Export-Import Bank;'' and inserting ``the President of the Export-
Import Bank; or the Federal Cochairpersons of the Commissions
established under section 15301 of title 40, United States Code;'';
and
(2) in paragraph (2), by striking ``or the Export-Import
Bank,'' and inserting ``the Export-Import Bank, or the Commissions
established under section 15301 of title 40, United States Code,''.
(d) Effective Date.--This section, and the amendments made by this
section, shall take effect on the first day of the first fiscal year
beginning after the date of the enactment of this Act.
SEC. 14218. COORDINATOR FOR CHRONICALLY UNDERSERVED RURAL AREAS.
(a) Establishment.--The Secretary of Agriculture shall establish a
Coordinator for Chronically Underserved Rural Areas (in this section
referred to as the ``Coordinator''), to be located in the Rural
Development Mission Area.
(b) Mission.--The mission of the Coordinator shall be to direct
Department of Agriculture resources to high need, high poverty rural
areas.
(c) Duties.--The Coordinator shall consult with other offices in
directing technical assistance, strategic regional planning, at the
State and local level, for developing rural economic development that
leverages the resources of State and local governments and non-profit
and community development organizations.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as necessary to carry out this
section for fiscal years 2008 through 2012.
SEC. 14219. 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.
SEC. 14220. AVAILABILITY OF EXCESS AND SURPLUS COMPUTERS IN RURAL
AREAS.
In addition to any other authority, the Secretary of Agriculture
may make available to an organization excess or surplus computers or
other technical equipment of the Department of Agriculture for the
purposes of distribution to a city, town, or local government entity in
a rural area (as defined in section 343(a)(13)(A) of the Consolidated
Farm and Rural Development Act).
SEC. 14221. REPEAL OF SECTION 3068 OF THE WATER RESOURCES DEVELOPMENT
ACT OF 2007.
Effective upon the date of enactment of this Act, section 3068 of
the Water Resources Development Act of 2007 (Public Law 110-114; 121
Stat. 1123), and the item relating to section 3068 in the table of
contents of that Act, are repealed.
SEC. 14222. DOMESTIC FOOD ASSISTANCE PROGRAMS.
(a) Definition of Section 32.--In this section, the term ``section
32'' means section 32 of the Act of August 24, 1935 (7 U.S.C. 612c).
(b) Transfer to Food and Nutrition Service.--
(1) In general.--Amounts made available for a fiscal year to
carry out section 32 in excess of the maximum amount calculated
under paragraph (2) shall be transferred to the Secretary, acting
through the Administrator of the Food and Nutrition Service, to be
used to carry out the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.).
(2) Maximum amount.--The maximum amount calculated under this
paragraph for a fiscal year is the sum of--
(A)(i) in the case of fiscal year 2009, $1,173,000,000;
(ii) in the case of fiscal year 2010, $1,199,000,000;
(iii) in the case of fiscal year 2011, $1,215,000,000;
(iv) in the case of fiscal year 2012, $1,231,000,000;
(v) in the case of fiscal year 2013, $1,248,000,000;
(vi) in the case of fiscal year 2014, $1,266,000,000;
(vii) in the case of fiscal year 2015, $1,284,000,000;
(viii) in the case of fiscal year 2016, $1,303,000,000;
(ix) in the case of fiscal year 2017, $1,322,000,000; and
(x) for fiscal year 2018 and each fiscal year thereafter,
the amount made available for the preceding fiscal year, as
adjusted to reflect changes for the 12-month period ending on
the preceding November 30 in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics of
the Department of Labor; and
(B) any transfers for the fiscal year from section 32 to the
Department of Commerce under the Fish and Wildlife Act of 1956 (16
U.S.C. 742a et seq.).
(c) Fresh Fruit and Vegetable Program.--Of amounts made available
to carry out section 32 under subsection (b)(2)(A), the Secretary shall
transfer for use to carry out the fresh fruit and vegetable program
under section 19 of the Richard B. Russell National School Lunch Act
the amounts specified in subsection (i) of that section.
(d) Whole Grain Products.--Of amounts made available to carry out
section 32 under subsection (b)(2)(A), the Secretary shall use to carry
out section 4305 $4,000,000 for fiscal year 2009.
(e) Maintenance of Funding.--The funding provided under subsections
(c) and (d) shall supplement (and not supplant) other Federal funding
(including section 32 funding) for programs carried out under--
(1) the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.), except for section 19 of that Act;
(2) the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et
seq.); and
(3) section 27 of the Food Stamp Act of 1977 (7 U.S.C. 2036).
SEC. 14223. TECHNICAL CORRECTION.
Section 923(1)(B) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 2206a(1)(B)) is amended by striking ``as defined
in section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))'' and inserting ``as defined in section 502(a)(5) of the
Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5))''.
TITLE XV--TRADE AND TAX PROVISIONS
SEC. 15001. SHORT TITLE; ETC.
(a) Short Title.--This title may be cited as the ``Heartland,
Habitat, Harvest, and Horticulture Act of 2008''.
(b) Amendments to 1986 Code.--Except as otherwise expressly
provided, whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
Subtitle A--Supplemental Agricultural Disaster Assistance From the
Agricultural Disaster Relief Trust Fund
SEC. 15101. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
(a) In General.--The Trade Act of 1974 (19 U.S.C. 2101 et seq.) is
amended by adding at the end the following:
``TITLE IX--SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE
``SEC. 901. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Actual production history yield.--The term `actual
production history yield' means the weighted average of the actual
production history for each insurable commodity or noninsurable
commodity, as calculated under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) or the noninsured crop disaster assistance
program, respectively.
``(2) Adjusted actual production history yield.--The term
`adjusted actual production history yield' means--
``(A) in the case of an eligible producer on a farm that
has at least 4 years of actual production history yields for an
insurable commodity that are established other than pursuant to
section 508(g)(4)(B) of the Federal Crop Insurance Act (7
U.S.C. 1508(g)(4)(B)), the actual production history for the
eligible producer without regard to any yields established
under that section;
``(B) in the case of an eligible producer on a farm that
has less than 4 years of actual production history yields for
an insurable commodity, of which 1 or more were established
pursuant to section 508(g)(4)(B) of that Act, the actual
production history for the eligible producer as calculated
without including the lowest of the yields established pursuant
to section 508(g)(4)(B) of that Act; and
``(C) in all other cases, the actual production history of
the eligible producer on a farm.
``(3) Adjusted noninsured crop disaster assistance program
yield.--The term `adjusted noninsured crop disaster assistance
program yield' means--
``(A) in the case of an eligible producer on a farm that
has at least 4 years of production history under the noninsured
crop disaster assistance program that are not replacement
yields, the noninsured crop disaster assistance program yield
without regard to any replacement yields;
``(B) in the case of an eligible producer on a farm that
less than 4 years of production history under the noninsured
crop disaster assistance program that are not replacement
yields, the noninsured crop disaster assistance program yield
as calculated without including the lowest of the replacement
yields; and
``(C) in all other cases, the production history of the
eligible producer on the farm under the noninsured crop
disaster assistance program.
``(4) Counter-cyclical program payment yield.--The term
`counter-cyclical program payment yield' means the weighted average
payment yield established under section 1102 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7912), section 1102 of
the Food, Conservation, and Energy Act of 2008, or a successor
section.
``(5) Disaster county.--
``(A) In general.--The term `disaster county' means a
county included in the geographic area covered by a qualifying
natural disaster declaration.
``(B) Inclusion.--The term `disaster county' includes--
``(i) a county contiguous to a county described in
subparagraph (A); and
``(ii) any farm in which, during a calendar year, the
total loss of production of the farm relating to weather is
greater than 50 percent of the normal production of the
farm, as determined by the Secretary.
``(6) Eligible producer on a farm.--
``(A) In general.--The term `eligible producer on a farm'
means an individual or entity described in subparagraph (B)
that, as determined by the Secretary, assumes the production
and market risks associated with the agricultural production of
crops or livestock.
``(B) Description.--An individual or entity referred to in
subparagraph (A) is--
``(i) a citizen of the United States;
``(ii) a resident alien;
``(iii) a partnership of citizens of the United States;
or
``(iv) a corporation, limited liability corporation, or
other farm organizational structure organized under State
law.
``(7) Farm.--
``(A) In general.--The term `farm' means, in relation to an
eligible producer on a farm, the sum of all crop acreage in all
counties that is planted or intended to be planted for harvest
by the eligible producer.
``(B) Aquaculture.--In the case of aquaculture, the term
`farm' means, in relation to an eligible producer on a farm,
all fish being produced in all counties that are intended to be
harvested for sale by the eligible producer.
``(C) Honey.--In the case of honey, the term `farm' means,
in relation to an eligible producer on a farm, all bees and
beehives in all counties that are intended to be harvested for
a honey crop by the eligible producer.
``(8) Farm-raised fish.--The term `farm-raised fish' means any
aquatic species that is propagated and reared in a controlled
environment.
``(9) Insurable commodity.--The term `insurable commodity'
means an agricultural commodity (excluding livestock) for which the
producer on a farm is eligible to obtain a policy or plan of
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.).
``(10) Livestock.--The term `livestock' includes--
``(A) cattle (including dairy cattle);
``(B) bison;
``(C) poultry;
``(D) sheep;
``(E) swine;
``(F) horses; and
``(G) other livestock, as determined by the Secretary.
``(11) Noninsurable commodity.--The term `noninsurable
commodity' means a crop for which the eligible producers on a farm
are eligible to obtain assistance under the noninsured crop
assistance program.
``(12) Noninsured crop assistance program.--The term
`noninsured crop assistance program' means the program carried out
under section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333).
``(13) Qualifying natural disaster declaration.--The term
`qualifying natural disaster declaration' means a natural disaster
declared by the Secretary for production losses under section
321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1961(a)).
``(14) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``(15) Socially disadvantaged farmer or rancher.--The term
`socially disadvantaged farmer or rancher' has the meaning given
the term in section 2501(e) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(e)).
``(16) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the United
States.
``(17) Trust fund.--The term `Trust Fund' means the
Agricultural Disaster Relief Trust Fund established under section
902.
``(18) United states.--The term `United States' when used in a
geographical sense, means all of the States.
``(b) Supplemental Revenue Assistance Payments.--
``(1) In general.--The Secretary shall use such sums as are
necessary from the Trust Fund to make crop disaster assistance
payments to eligible producers on farms in disaster counties that
have incurred crop production losses or crop quality losses, or
both, during the crop year.
``(2) Amount.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall provide crop disaster assistance payments under
this section to an eligible producer on a farm in an amount
equal to 60 percent of the difference between--
``(i) the disaster assistance program guarantee, as
described in paragraph (3); and
``(ii) the total farm revenue for a farm, as described
in paragraph (4).
``(B) Limitation.--The disaster assistance program
guarantee for a crop used to calculate the payments for a farm
under subparagraph (A)(i) may not be greater than 90 percent of
the sum of the expected revenue, as described in paragraph (5)
for each of the crops on a farm, as determined by the
Secretary.
``(3) Supplemental revenue assistance program guarantee.--
``(A) In general.--Except as otherwise provided in this
paragraph, the supplemental assistance program guarantee shall
be the sum obtained by adding--
``(i) for each insurable commodity on the farm, 115
percent of the product obtained by multiplying--
``(I) a payment rate for the commodity that is
equal to the price election for the commodity elected
by the eligible producer;
``(II) the payment acres for the commodity that is
equal to the number of acres planted, or prevented from
being planted, to the commodity;
``(III) the payment yield for the commodity that is
equal to the percentage of the crop insurance yield
elected by the producer of the higher of--
``(aa) the adjusted actual production history
yield; or
``(bb) the counter-cyclical program payment
yield for each crop; and
``(ii) for each noninsurable commodity on a farm, 120
percent of the product obtained by multiplying--
``(I) a payment rate for the commodity that is
equal to 100 percent of the noninsured crop assistance
program established price for the commodity;
``(II) the payment acres for the commodity that is
equal to the number of acres planted, or prevented from
being planted, to the commodity; and
``(III) the payment yield for the commodity that is
equal to the higher of--
``(aa) the adjusted noninsured crop assistance
program yield guarantee; or
``(bb) the counter-cyclical program payment
yield for each crop.
``(B) Adjustment insurance guarantee.--Notwithstanding
subparagraph (A), in the case of an insurable commodity for
which a plan of insurance provides for an adjustment in the
guarantee, such as in the case of prevented planting, the
adjusted insurance guarantee shall be the basis for determining
the disaster assistance program guarantee for the insurable
commodity.
``(C) Adjusted assistance level.--Notwithstanding
subparagraph (A), in the case of a noninsurable commodity for
which the noninsured crop assistance program provides for an
adjustment in the level of assistance, such as in the case of
unharvested crops, the adjusted assistance level shall be the
basis for determining the disaster assistance program guarantee
for the noninsurable commodity.
``(D) Equitable treatment for non-yield based policies.--
The Secretary shall establish equitable treatment for non-yield
based policies and plans of insurance, such as the Adjusted
Gross Revenue Lite insurance program.
``(4) Farm revenue.--
``(A) In general.--For purposes of this subsection, the
total farm revenue for a farm, shall equal the sum obtained by
adding--
``(i) the estimated actual value for each crop produced
on a farm by using the product obtained by multiplying--
``(I) the actual crop acreage harvested by an
eligible producer on a farm;
``(II) the estimated actual yield of the crop
production; and
``(III) subject to subparagraphs (B) and (C), to
the extent practicable, the national average market
price received for the marketing year, as determined by
the Secretary;
``(ii) 15 percent of amount of any direct payments made
to the producer under sections 1103 and 1303 of the Food,
Conservation, and Energy Act of 2008 or successor sections;
``(iii) the total amount of any counter-cyclical
payments made to the producer under sections 1104 and 1304
of the Food, Conservation, and Energy Act of 2008 or
successor sections or of any average crop revenue election
payments made to the producer under section 1105 of that
Act;
``(iv) the total amount of any loan deficiency
payments, marketing loan gains, and marketing certificate
gains made to the producer under subtitles B and C of the
Food, Conservation, and Energy Act of 2008 or successor
subtitles;
``(v) the amount of payments for prevented planting on
a farm;
``(vi) the amount of crop insurance indemnities
received by an eligible producer on a farm for each crop on
a farm;
``(vii) the amount of payments an eligible producer on
a farm received under the noninsured crop assistance
program for each crop on a farm; and
``(viii) the value of any other natural disaster
assistance payments provided by the Federal Government to
an eligible producer on a farm for each crop on a farm for
the same loss for which the eligible producer is seeking
assistance.
``(B) Adjustment.--The Secretary shall adjust the average
market price received by the eligible producer on a farm--
``(i) to reflect the average quality discounts applied
to the local or regional market price of a crop or
mechanically harvested forage due to a reduction in the
intrinsic characteristics of the production resulting from
adverse weather, as determined annually by the State office
of the Farm Service Agency; and
``(ii) to account for a crop the value of which is
reduced due to excess moisture resulting from a disaster-
related condition.
``(C) Maximum amount for certain crops.--With respect to a
crop for which an eligible producer on a farm receives
assistance under the noninsured crop assistance program, the
national average market price received during the marketing
year shall be an amount not more than 100 percent of the price
of the crop established under the noninsured crop assistance
program.
``(5) Expected revenue.--The expected revenue for each crop on
a farm shall equal the sum obtained by adding--
``(A) the product obtained by multiplying--
``(i) the greatest of--
``(I) the adjusted actual production history yield
of the eligible producer on a farm; and
``(II) the counter-cyclical program payment yield;
``(ii) the acreage planted or prevented from being
planted for each crop; and
``(iii) 100 percent of the insurance price guarantee;
and
``(B) the product obtained by multiplying--
``(i) 100 percent of the adjusted noninsured crop
assistance program yield; and
``(ii) 100 percent of the noninsured crop assistance
program price for each of the crops on a farm.
``(c) Livestock Indemnity Payments.--
``(1) Payments.--The Secretary shall use such sums as are
necessary from the Trust Fund to make livestock indemnity payments
to eligible producers on farms that have incurred livestock death
losses in excess of the normal mortality due to adverse weather, as
determined by the Secretary, during the calendar year, including
losses due to hurricanes, floods, blizzards, disease, wildfires,
extreme heat, and extreme cold.
``(2) Payment rates.--Indemnity payments to an eligible
producer on a farm under paragraph (1) shall be made at a rate of
75 percent of the market value of the applicable livestock on the
day before the date of death of the livestock, as determined by the
Secretary.
``(d) Livestock Forage Disaster Program.--
``(1) Definitions.--In this subsection:
``(A) Covered livestock.--
``(i) In general.--The term `covered livestock' means
livestock of an eligible livestock producer that, during
the 60 days prior to the beginning date of a qualifying
drought or fire condition, as determined by the Secretary,
the eligible livestock producer--
``(I) owned;
``(II) leased;
``(III) purchased;
``(IV) entered into a contract to purchase;
``(V) is a contract grower; or
``(VI) sold or otherwise disposed of due to
qualifying drought conditions during--
``(aa) the current production year; or
``(bb) subject to paragraph (3)(B)(ii), 1 or
both of the 2 production years immediately
preceding the current production year.
``(ii) Exclusion.--The term `covered livestock' does
not include livestock that were or would have been in a
feedlot, on the beginning date of the qualifying drought or
fire condition, as a part of the normal business operation
of the eligible livestock producer, as determined by the
Secretary.
``(B) Drought monitor.--The term `drought monitor' means a
system for classifying drought severity according to a range of
abnormally dry to exceptional drought, as defined by the
Secretary.
``(C) Eligible livestock producer.--
``(i) In general.--The term `eligible livestock
producer' means an eligible producer on a farm that--
``(I) is an owner, cash or share lessee, or
contract grower of covered livestock that provides the
pastureland or grazing land, including cash-leased
pastureland or grazing land, for the livestock;
``(II) provides the pastureland or grazing land for
covered livestock, including cash-leased pastureland or
grazing land that is physically located in a county
affected by drought;
``(III) certifies grazing loss; and
``(IV) meets all other eligibility requirements
established under this subsection.
``(ii) Exclusion.--The term `eligible livestock
producer' does not include an owner, cash or share lessee,
or contract grower of livestock that rents or leases
pastureland or grazing land owned by another person on a
rate-of-gain basis.
``(D) Normal carrying capacity.--The term `normal carrying
capacity', with respect to each type of grazing land or
pastureland in a county, means the normal carrying capacity, as
determined under paragraph (3)(D)(i), that would be expected
from the grazing land or pastureland for livestock during the
normal grazing period, in the absence of a drought or fire that
diminishes the production of the grazing land or pastureland.
``(E) Normal grazing period.--The term `normal grazing
period', with respect to a county, means the normal grazing
period during the calendar year for the county, as determined
under paragraph (3)(D)(i).
``(2) Program.--The Secretary shall use such sums as are
necessary from the Trust Fund to provide compensation for losses to
eligible livestock producers due to grazing losses for covered
livestock due to--
``(A) a drought condition, as described in paragraph (3);
or
``(B) fire, as described in paragraph (4).
``(3) Assistance for losses due to drought conditions.--
``(A) Eligible losses.--
``(i) In general.--An eligible livestock producer may
receive assistance under this subsection only for grazing
losses for covered livestock that occur on land that--
``(I) is native or improved pastureland with
permanent vegetative cover; or
``(II) is planted to a crop planted specifically
for the purpose of providing grazing for covered
livestock.
``(ii) Exclusions.--An eligible livestock producer may
not receive assistance under this subsection for grazing
losses that occur on land used for haying or grazing under
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.).
``(B) Monthly payment rate.--
``(i) In general.--Except as provided in clause (ii),
the payment rate for assistance under this paragraph for 1
month shall, in the case of drought, be equal to 60 percent
of the lesser of--
``(I) the monthly feed cost for all covered
livestock owned or leased by the eligible livestock
producer, as determined under subparagraph (C); or
``(II) the monthly feed cost calculated by using
the normal carrying capacity of the eligible grazing
land of the eligible livestock producer.
``(ii) Partial compensation.--In the case of an
eligible livestock producer that sold or otherwise disposed
of covered livestock due to drought conditions in 1 or both
of the 2 production years immediately preceding the current
production year, as determined by the Secretary, the
payment rate shall be 80 percent of the payment rate
otherwise calculated in accordance with clause (i).
``(C) Monthly feed cost.--
``(i) In general.--The monthly feed cost shall equal
the product obtained by multiplying--
``(I) 30 days;
``(II) a payment quantity that is equal to the feed
grain equivalent, as determined under clause (ii); and
``(III) a payment rate that is equal to the corn
price per pound, as determined under clause (iii).
``(ii) Feed grain equivalent.--For purposes of clause
(i)(I), the feed grain equivalent shall equal--
``(I) in the case of an adult beef cow, 15.7 pounds
of corn per day; or
``(II) in the case of any other type of weight of
livestock, an amount determined by the Secretary that
represents the average number of pounds of corn per day
necessary to feed the livestock.
``(iii) Corn price per pound.--For purposes of clause
(i)(II), the corn price per pound shall equal the quotient
obtained by dividing--
``(I) the higher of--
``(aa) the national average corn price per
bushel for the 12-month period immediately
preceding March 1 of the year for which the
disaster assistance is calculated; or
``(bb) the national average corn price per
bushel for the 24-month period immediately
preceding that March 1; by
``(II) 56.
``(D) Normal grazing period and drought monitor
intensity.--
``(i) FSA county committee determinations.--
``(I) In general.--The Secretary shall determine
the normal carrying capacity and normal grazing period
for each type of grazing land or pastureland in the
county served by the applicable committee.
``(II) Changes.--No change to the normal carrying
capacity or normal grazing period established for a
county under subclause (I) shall be made unless the
change is requested by the appropriate State and county
Farm Service Agency committees.
``(ii) Drought intensity.--
``(I) D2.--An eligible livestock producer that owns
or leases grazing land or pastureland that is
physically located in a county that is rated by the
U.S. Drought Monitor as having a D2 (severe drought)
intensity in any area of the county for at least 8
consecutive weeks during the normal grazing period for
the county, as determined by the Secretary, shall be
eligible to receive assistance under this paragraph in
an amount equal to 1 monthly payment using the monthly
payment rate determined under subparagraph (B).
``(II) D3.--An eligible livestock producer that
owns or leases grazing land or pastureland that is
physically located in a county that is rated by the
U.S. Drought Monitor as having at least a D3 (extreme
drought) intensity in any area of the county at any
time during the normal grazing period for the county,
as determined by the Secretary, shall be eligible to
receive assistance under this paragraph--
``(aa) in an amount equal to 2 monthly payments
using the monthly payment rate determined under
subparagraph (B); or
``(bb) if the county is rated as having a D3
(extreme drought) intensity in any area of the
county for at least 4 weeks during the normal
grazing period for the county, or is rated as
having a D4 (exceptional drought) intensity in any
area of the county at any time during the normal
grazing period, in an amount equal to 3 monthly
payments using the monthly payment rate determined
under subparagraph (B).
``(4) Assistance for losses due to fire on public managed
land.--
``(A) In general.--An eligible livestock producer may
receive assistance under this paragraph only if--
``(i) the grazing losses occur on rangeland that is
managed by a Federal agency; and
``(ii) the eligible livestock producer is prohibited by
the Federal agency from grazing the normal permitted
livestock on the managed rangeland due to a fire.
``(B) Payment rate.--The payment rate for assistance under
this paragraph shall be equal to 50 percent of the monthly feed
cost for the total number of livestock covered by the Federal
lease of the eligible livestock producer, as determined under
paragraph (3)(C).
``(C) Payment duration.--
``(i) In general.--Subject to clause (ii), an eligible
livestock producer shall be eligible to receive assistance
under this paragraph for the period--
``(I) beginning on the date on which the Federal
agency excludes the eligible livestock producer from
using the managed rangeland for grazing; and
``(II) ending on the last day of the Federal lease
of the eligible livestock producer.
``(ii) Limitation.--An eligible livestock producer may
only receive assistance under this paragraph for losses
that occur on not more than 180 days per year.
``(5) Minimum risk management purchase requirements.--
``(A) In general.--Except as otherwise provided in this
paragraph, a livestock producer shall only be eligible for
assistance under this subsection if the livestock producer--
``(i) obtained a policy or plan of insurance under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the
grazing land incurring the losses for which assistance is
being requested; or
``(ii) filed the required paperwork, and paid the
administrative fee by the applicable State filing deadline,
for the noninsured crop assistance program for the grazing
land incurring the losses for which assistance is being
requested.
``(B) Waiver for socially disadvantaged, limited resource,
or beginning farmer or rancher.--In the case of an eligible
livestock producer that is a socially disadvantaged farmer or
rancher or limited resource or beginning farmer or rancher, as
determined by the Secretary, the Secretary may--
``(i) waive subparagraph (A); and
``(ii) provide disaster assistance under this section
at a level that the Secretary determines to be equitable
and appropriate.
``(C) Waiver for 2008 calendar year.--In the case of an
eligible livestock producer that suffered losses on grazing
land during the 2008 calendar year but does not meet the
requirements of subparagraph (A), the Secretary shall waive
subparagraph (A) if the eligible livestock producer pays a fee
in an amount equal to the applicable noninsured crop assistance
program fee or catastrophic risk protection plan fee required
under subparagraph (A) to the Secretary not later than 90 days
after the date of enactment of this subtitle.
``(D) Equitable relief.--
``(i) In general.--The Secretary may provide equitable
relief to an eligible livestock producer that is otherwise
ineligible or unintentionally fails to meet the
requirements of subparagraph (A) for the grazing land
incurring the loss on a case-by-case basis, as determined
by the Secretary.
``(ii) 2008 calendar year.--In the case of an eligible
livestock producer that suffered losses on grazing land
during the 2008 calendar year, the Secretary shall take
special consideration to provide equitable relief in cases
in which the eligible livestock producer failed to meet the
requirements of subparagraph (A) due to the enactment of
this title after the closing date of sales periods for crop
insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) and the noninsured crop assistance program.
``(6) No duplicative payments.--
``(A) In general.--An eligible livestock producer may elect
to receive assistance for grazing or pasture feed losses due to
drought conditions under paragraph (3) or fire under paragraph
(4), but not both for the same loss, as determined by the
Secretary.
``(B) Relationship to supplemental revenue assistance.--An
eligible livestock producer that receives assistance under this
subsection may not also receive assistance for losses to crops
on the same land with the same intended use under subsection
(b).
``(e) Emergency Assistance for Livestock, Honey Bees, and Farm-
Raised Fish.--
``(1) In general.--The Secretary shall use up to $50,000,000
per year from the Trust Fund to provide emergency relief to
eligible producers of livestock, honey bees, and farm-raised fish
to aid in the reduction of losses due to disease, adverse weather,
or other conditions, such as blizzards and wildfires, as determined
by the Secretary, that are not covered under subsection (b), (c),
or (d).
``(2) Use of funds.--Funds made available under this subsection
shall be used to reduce losses caused by feed or water shortages,
disease, or other factors as determined by the Secretary.
``(3) Availability of funds.--Any funds made available under
this subsection shall remain available until expended.
``(f) Tree Assistance Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible orchardist.--The term `eligible orchardist'
means a person that produces annual crops from trees for
commercial purposes.
``(B) Natural disaster.--The term `natural disaster' means
plant disease, insect infestation, drought, fire, freeze,
flood, earthquake, lightning, or other occurrence, as
determined by the Secretary.
``(C) Nursery tree grower.--The term `nursery tree grower'
means a person who produces nursery, ornamental, fruit, nut, or
Christmas trees for commercial sale, as determined by the
Secretary.
``(D) Tree.--The term `tree' includes a tree, bush, and
vine.
``(2) Eligibility.--
``(A) Loss.--Subject to subparagraph (B), the Secretary
shall provide assistance--
``(i) under paragraph (3) to eligible orchardists and
nursery tree growers that planted trees for commercial
purposes but lost the trees as a result of a natural
disaster, as determined by the Secretary; and
``(ii) under paragraph (3)(B) to eligible orchardists
and nursery tree growers that have a production history for
commercial purposes on planted or existing trees but lost
the trees as a result of a natural disaster, as determined
by the Secretary.
``(B) Limitation.--An eligible orchardist or nursery tree
grower shall qualify for assistance under subparagraph (A) only
if the tree mortality of the eligible orchardist or nursery
tree grower, as a result of damaging weather or related
condition, exceeds 15 percent (adjusted for normal mortality).
``(3) Assistance.--Subject to paragraph (4), the assistance
provided by the Secretary to eligible orchardists and nursery tree
growers for losses described in paragraph (2) shall consist of--
``(A)(i) reimbursement of 70 percent of the cost of
replanting trees lost due to a natural disaster, as determined
by the Secretary, in excess of 15 percent mortality (adjusted
for normal mortality); or
``(ii) at the option of the Secretary, sufficient seedlings
to reestablish a stand; and
``(B) reimbursement of 50 percent of the cost of pruning,
removal, and other costs incurred by an eligible orchardist or
nursery tree grower to salvage existing trees or, in the case
of tree mortality, to prepare the land to replant trees as a
result of damage or tree mortality due to a natural disaster,
as determined by the Secretary, in excess of 15 percent damage
or mortality (adjusted for normal tree damage and mortality).
``(4) Limitations on assistance.--
``(A) Definitions of legal entity and person.--In this
paragraph, the terms `legal entity' and `person' have the
meaning given those terms in section 1001(a) of the Food
Security Act of 1985 (7 U.S.C. 1308(a) (as amended by section
1603 of the Food, Conservation, and Energy Act of 2008).
``(B) Amount.--The total amount of payments received,
directly or indirectly, by a person or legal entity (excluding
a joint venture or general partnership) under this subsection
may not exceed $100,000 for any crop year, or an equivalent
value in tree seedlings.
``(C) Acres.--The total quantity of acres planted to trees
or tree seedlings for which a person or legal entity shall be
entitled to receive payments under this subsection may not
exceed 500 acres.
``(g) Risk Management Purchase Requirement.--
``(1) In general.--Except as otherwise provided in this
section, the eligible producers on a farm shall not be eligible for
assistance under this section (other than subsection (c)) if the
eligible producers on the farm--
``(A) in the case of each insurable commodity of the
eligible producers on the farm, did not obtain a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) (excluding a crop insurance pilot program under
that Act); or
``(B) in the case of each noninsurable commodity of the
eligible producers on the farm, did not file the required
paperwork, and pay the administrative fee by the applicable
State filing deadline, for the noninsured crop assistance
program.
``(2) Minimum.--To be considered to have obtained insurance
under paragraph (1)(A), an eligible producer on a farm shall have
obtained a policy or plan of insurance with not less than 50
percent yield coverage at 55 percent of the insurable price for
each crop grazed, planted, or intended to be planted for harvest on
a whole farm.
``(3) Waiver for socially disadvantaged, limited resource, or
beginning farmer or rancher.--With respect to eligible producers
that are socially disadvantaged farmers or ranchers or limited
resource or beginning farmers or ranchers, as determined by the
Secretary, the Secretary may--
``(A) waive paragraph (1); and
``(B) provide disaster assistance under this section at a
level that the Secretary determines to be equitable and
appropriate.
``(4) Waiver for 2008 crop year.--In the case of an eligible
producer that suffered losses in an insurable commodity or
noninsurable commodity during the 2008 crop year but does not meet
the requirements of paragraph (1), the Secretary shall waive
paragraph (1) if the eligible producer pays a fee in an amount
equal to the applicable noninsured crop assistance program fee or
catastrophic risk protection plan fee required under paragraph (1)
to the Secretary not later than 90 days after the date of enactment
of this subtitle.
``(5) Equitable relief.--
``(A) In general.--The Secretary may provide equitable
relief to eligible producers on a farm that are otherwise
ineligible or unintentionally fail to meet the requirements of
paragraph (1) for 1 or more crops on a farm on a case-by-case
basis, as determined by the Secretary.
``(B) 2008 crop year.--In the case of eligible producers on
a farm that suffered losses in an insurable commodity or
noninsurable commodity during the 2008 crop year, the Secretary
shall take special consideration to provide equitable relief in
cases in which the eligible producers failed to meet the
requirements of paragraph (1) due to the enactment of this
title after the closing date of sales periods for crop
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) and the noninsured crop assistance program.
``(h) Payment Limitations.--
``(1) Definitions of legal entity and person.--In this
subsection, the terms `legal entity' and `person' have the meaning
given those terms in section 1001(a) of the Food Security Act of
1985 (7 U.S.C. 1308(a) (as amended by section 1603 of the Food,
Conservation, and Energy Act of 2008).
``(2) Amount.--The total amount of disaster assistance payments
received, directly or indirectly, by a person or legal entity
(excluding a joint venture or general partnership) under this
section (excluding payments received under subsection (f)) may not
exceed $100,000 for any crop year.
``(3) AGI limitation.--Section 1001D of the Food Security Act
of 1985 (7 U.S.C. 1308-3a) or any successor provision shall apply
with respect to assistance provided under this section.
``(4) Direct attribution.--Subsections (e) and (f) of section
1001 of the Food Security Act of 1985 (7 U.S.C. 1308) or any
successor provisions relating to direct attribution shall apply
with respect to assistance provided under this section.
``(i) Period of Effectiveness.--This section shall be effective
only for losses that are incurred as the result of a disaster, adverse
weather, or other environmental condition that occurs on or before
September 30, 2011, as determined by the Secretary.
``(j) No Duplicative Payments.--In implementing any other program
which makes disaster assistance payments (except for indemnities made
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)) and
section 196 of the Federal Agriculture Improvement and Reform Act of
1996), the Secretary shall prevent duplicative payments with respect to
the same loss for which a person receives a payment under subsections
(b), (c), (d), (e), or (f).
``SEC. 902. AGRICULTURAL DISASTER RELIEF TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Agricultural
Disaster Relief Trust Fund', consisting of such amounts as may be
appropriated or credited to such Trust Fund as provided in this
section.
``(b) Transfer to Trust Fund.--
``(1) In general.--There are appropriated to the Agricultural
Disaster Relief Trust Fund amounts equivalent to 3.08 percent of
the amounts received in the general fund of the Treasury of the
United States during fiscal years 2008 through 2011 attributable to
the duties collected on articles entered, or withdrawn from
warehouse, for consumption under the Harmonized Tariff Schedule of
the United States.
``(2) Amounts based on estimates.--The amounts appropriated
under this section shall be transferred at least monthly from the
general fund of the Treasury of the United States to the
Agricultural Disaster Relief Trust Fund on the basis of estimates
made by the Secretary of the Treasury. Proper adjustments shall be
made in the amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts required to be
transferred.
``(3) Limitation on transfers to agricultural disaster relief
trust fund.--No amount may be appropriated to the Agricultural
Disaster Relief Trust Fund on and after the date of any expenditure
from the Agricultural Disaster Relief Trust Fund which is not
permitted by this section. The determination of whether an
expenditure is so permitted shall be made without regard to--
``(A) any provision of law which is not contained or
referenced in this title or in a revenue Act, and
``(B) whether such provision of law is a subsequently
enacted provision or directly or indirectly seeks to waive the
application of this paragraph.
``(c) Administration.--
``(1) Reports.--The Secretary of the Treasury shall be the
trustee of the Agricultural Disaster Relief Trust Fund and shall
submit an annual report to Congress each year on the financial
condition and the results of the operations of such Trust Fund
during the preceding fiscal year and on its expected condition and
operations during the 4 fiscal years succeeding such fiscal year.
Such report shall be printed as a House document of the session of
Congress to which the report is made.
``(2) Investment.--
``(A) In general.--The Secretary of the Treasury shall
invest such portion of the Agricultural Disaster Relief Trust
Fund as is not in his judgment required to meet current
withdrawals. Such investments may be made only in interest
bearing obligations of the United States. For such purpose,
such obligations may be acquired--
``(i) on original issue at the issue price, or
``(ii) by purchase of outstanding obligations at the
market price.
``(B) Sale of obligations.--Any obligation acquired by the
Agricultural Disaster Relief Trust Fund may be sold by the
Secretary of the Treasury at the market price.
``(C) Interest on certain proceeds.--The interest on, and
the proceeds from the sale or redemption of, any obligations
held in the Agricultural Disaster Relief Trust Fund shall be
credited to and form a part of such Trust Fund.
``(d) Expenditures From Trust Fund.--Amounts in the Agricultural
Disaster Relief Trust Fund shall be available for the purposes of
making expenditures to meet those obligations of the United States
incurred under section 901 or section 531 of the Federal Crop Insurance
Act (as such sections are in effect on the date of the enactment of the
Food, Conservation, and Energy Act of 2008).
``(e) Authority To Borrow.--
``(1) In general.--There are authorized to be appropriated, and
are appropriated, to the Agricultural Disaster Relief Trust Fund,
as repayable advances, such sums as may be necessary to carry out
the purposes of such Trust Fund.
``(2) Repayment of advances.--
``(A) In general.--Advances made to the Agricultural
Disaster Relief Trust Fund shall be repaid, and interest on
such advances shall be paid, to the general fund of the
Treasury when the Secretary determines that moneys are
available for such purposes in such Trust Fund.
``(B) Rate of interest.--Interest on advances made pursuant
to this subsection shall be--
``(i) at a rate determined by the Secretary of the
Treasury (as of the close of the calendar month preceding
the month in which the advance is made) to be equal to the
current average market yield on outstanding marketable
obligations of the United States with remaining periods to
maturity comparable to the anticipated period during which
the advance will be outstanding, and
``(ii) compounded annually.
``SEC. 903. JURISDICTION.
``Legislation in the Senate of the United States amending section
901 or 902 shall be referred to the Committee on Finance of the
Senate.''.
(b) Transition.--For purposes of the 2008 crop year, the Secretary
shall carry out subsections (f)(4) and (h) of section 901 of the Trade
Act of 1974 (as added by subsection (a)) in accordance with the terms
and conditions of sections 1001 through 1001D of the Food Security Act
of 1985 (16 U.S.C. 1308 et seq.), as in effect on September 30, 2007.
(c) Clerical Amendment.--The table of contents for the Trade Act of
1974 (19 U.S.C. 2101 et seq.) is amended by adding at the end the
following:
``TITLE IX--SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE
``Sec. 901. Supplemental agricultural disaster assistance.
``Sec. 902. Agricultural Disaster Relief Trust Fund.
``Sec. 903. Jurisdiction.''.
Subtitle B--Revenue Provisions for Agriculture Programs
SEC. 15201. CUSTOMS USER FEES.
(a) In General.--Section 13031(j)(3)(A) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is amended
by striking ``December 27, 2014'' and inserting ``November 14, 2017''.
(b) Other Fees.--Section 13031(j)(3)(B)(i) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(B)(i))
is amended by striking ``December 27, 2014'' and inserting ``September
30, 2017''.
(c) Time for Remitting Certain Cobra Fees.--Notwithstanding any
other provision of law, any fees authorized under paragraphs (1)
through (8) of section 13031(a) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a) (1) through (8)) with
respect to customs services provided on or after July 1, 2017, and
before September 20, 2017, shall be paid not later than September 25,
2017.
(d) Time for Remitting Certain Merchandise Processing Fees.--
(1) In general.--Notwithstanding any other provision of law,
any fees authorized under paragraphs (9) and (10) of section
13031(a) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(a) (9) and (10)) with respect to processing
merchandise entered on or after October 1, 2017, and before
November 15, 2017, shall be paid not later than September 25, 2017,
in an amount equivalent to the amount of such fees paid by the
person responsible for such fees with respect to merchandise
entered on or after October 1, 2016, and before November 15, 2016,
as determined by the Secretary of the Treasury.
(2) Reconciliation of merchandise processing fees.--Not later
than December 15, 2017, the Secretary of the Treasury shall
reconcile the fees paid pursuant to paragraph (1) with the fees for
services actually provided on or after October 1, 2017, and before
November 15, 2017, and shall refund with interest any overpayment
of such fees and make proper adjustments with respect to any
underpayment of such fees. No interest may be assessed with respect
to any such underpayment that was based on the amount of fees paid
for merchandise entered on or after October 1, 2016, and before
November 15, 2016.
SEC. 15202. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under subparagraph (B) of section 401(1) of the Tax
Increase Prevention and Reconciliation Act of 2005 in effect on the
date of the enactment of this Act is increased by 7.75 percentage
points.
Subtitle C--Tax Provisions
PART I--CONSERVATION
Subpart A--Land and Species Preservation Provisions
SEC. 15301. EXCLUSION OF CONSERVATION RESERVE PROGRAM PAYMENTS FROM
SECA TAX FOR CERTAIN INDIVIDUALS.
(a) Internal Revenue Code.--Section 1402(a)(1) (defining net
earnings from self-employment) is amended by inserting ``, and
including payments under section 1233(2) of the Food Security Act of
1985 (16 U.S.C. 3833(2)) to individuals receiving benefits under
section 202 or 223 of the Social Security Act'' after ``crop shares''.
(b) Social Security Act.--Section 211(a)(1) of the Social Security
Act is amended by inserting ``, and including payments under section
1233(2) of the Food Security Act of 1985 (16 U.S.C. 3833(2)) to
individuals receiving benefits under section 202 or 223'' after ``crop
shares''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 2007.
SEC. 15302. TWO-YEAR EXTENSION OF SPECIAL RULE ENCOURAGING
CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY FOR CONSERVATION PURPOSES.
(a) In General.--
(1) Individuals.--Section 170(b)(1)(E)(vi) (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(2) Corporations.--Section 170(b)(2)(B)(iii) (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(b) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after December
31, 2007.
SEC. 15303. DEDUCTION FOR ENDANGERED SPECIES RECOVERY EXPENDITURES.
(a) Deduction for Endangered Species Recovery Expenditures.--
(1) In general.--Paragraph (1) of section 175(c) (relating to
definitions) is amended by inserting after the first sentence the
following new sentence: ``Such term shall include expenditures paid
or incurred for the purpose of achieving site-specific management
actions recommended in recovery plans approved pursuant to the
Endangered Species Act of 1973.''.
(2) Conforming amendments.--
(A) Section 175 is amended by inserting ``, or for
endangered species recovery'' after ``prevention of erosion of
land used in farming'' each place it appears in subsections (a)
and (c).
(B) The heading of section 175 is amended by inserting ``;
endangered species recovery expenditures'' before the period.
(C) The item relating to section 175 in the table of
sections for part VI of subchapter B of chapter 1 is amended by
inserting ``; endangered species recovery expenditures'' before
the period.
(b) Limitations.--Paragraph (3) of section 175(c) (relating to
additional limitations) is amended--
(1) in the heading of subparagraph (A), by inserting ``or
endangered species recovery plan'' after ``conservation plan'', and
(2) in subparagraph (A)(i), by inserting ``or the recovery plan
approved pursuant to the Endangered Species Act of 1973'' after
``Department of Agriculture''.
(c) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred after December 31, 2008.
Subpart B--Timber Provisions
SEC. 15311. TEMPORARY REDUCTION IN RATE OF TAX ON QUALIFIED TIMBER GAIN
OF CORPORATIONS.
(a) In General.--Section 1201 (relating to alternative tax for
corporations) is amended by redesignating subsection (b) as subsection
(c) and by adding after subsection (a) the following new subsection:
``(b) Special Rate for Qualified Timber Gains.--
``(1) In general.--If, for any taxable year ending after the
date of the enactment of the Food, Conservation, and Energy Act of
2008 and beginning on or before the date which is 1 year after such
date, a corporation has both a net capital gain and qualified
timber gain--
``(A) subsection (a) shall apply to such corporation for
the taxable year without regard to whether the applicable tax
rate exceeds 35 percent, and
``(B) the tax computed under subsection (a)(2) shall be
equal to the sum of--
``(i) 15 percent of the least of--
``(I) qualified timber gain,
``(II) net capital gain, or
``(III) taxable income, plus
``(ii) 35 percent of the excess (if any) of taxable
income over the sum of the amounts for which a tax was
determined under subsection (a)(1) and clause (i).
``(2) Qualified timber gain.--For purposes of this section, the
term `qualified timber gain' means, with respect to any taxpayer
for any taxable year, the excess (if any) of--
``(A) the sum of the taxpayer's gains described in
subsections (a) and (b) of section 631 for such year, over
``(B) the sum of the taxpayer's losses described in such
subsections for such year.
For purposes of subparagraphs (A) and (B), only timber held more
than 15 years shall be taken into account.
``(3) Computation for taxable years in which rate first applies
or ends.--In the case of any taxable year which includes either of
the dates set forth in paragraph (1), the qualified timber gain for
such year shall not exceed the qualified timber gain properly taken
into account for--
``(A) in the case of the taxable year including the date of
the enactment of the Food, Conservation, and Energy Act of
2008, the portion of the year after such date, and
``(B) in the case of the taxable year including the date
which is 1 year after such date of enactment, the portion of
the year on or before such later date.''.
(b) Minimum Tax.--Subsection (b) of section 55 is amended by adding
at the end the following paragraph:
``(4) Maximum rate of tax on qualified timber gain of
corporations.--In the case of any taxable year to which section
1201(b) applies, the amount determined under clause (i) of
subparagraph (B) shall not exceed the sum of--
``(A) 20 percent of so much of the taxable excess (if any)
as exceeds the qualified timber gain (or, if less, the net
capital gain), plus
``(B) 15 percent of the taxable excess in excess of the
amount on which a tax is determined under subparagraph (A).
Any term used in this paragraph which is also used in section 1201
shall have the meaning given such term by such section, except to
the extent such term is subject to adjustment under this part.''.
(c) Conforming Amendment.--Section 857(b)(3)(A)(ii) is amended by
striking ``rate'' and inserting ``rates''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of enactment.
SEC. 15312. TIMBER REIT MODERNIZATION.
(a) In General.--Section 856(c)(5) is amended by adding after
subparagraph (G) the following new subparagraph:
``(H) Treatment of timber gains.--
``(i) In general.--Gain from the sale of real property
described in paragraph (2)(D) and (3)(C) shall include gain
which is--
``(I) recognized by an election under section
631(a) from timber owned by the real estate investment
trust, the cutting of which is provided by a taxable
REIT subsidiary of the real estate investment trust;
``(II) recognized under section 631(b); or
``(III) income which would constitute gain under
subclause (I) or (II) but for the failure to meet the
1-year holding period requirement.
``(ii) Special rules.--
``(I) For purposes of this subtitle, cut timber,
the gain from which is recognized by a real estate
investment trust pursuant to an election under section
631(a) described in clause (i)(I) or so much of clause
(i)(III) as relates to clause (i)(I), shall be deemed
to be sold to the taxable REIT subsidiary of the real
estate investment trust on the first day of the taxable
year.
``(II) For purposes of this subtitle, income
described in this subparagraph shall not be treated as
gain from the sale of property described in section
1221(a)(1).
``(iii) Termination.--This subparagraph shall not apply
to dispositions after the termination date.''.
(b) Termination Date.--Subsection (c) of section 856 is amended by
adding at the end the following new paragraph:
``(8) Termination date.--For purposes of this subsection, the
term `termination date' means, with respect to any taxpayer, the
last day of the taxpayer's first taxable year beginning after the
date of the enactment of this paragraph and before the date that is
1 year after such date of enactment.''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to dispositions in taxable years beginning after the date of the
enactment of this Act.
SEC. 15313. MINERAL ROYALTY INCOME QUALIFYING INCOME FOR TIMBER REITS.
(a) In General.--Section 856(c)(2) is amended by striking ``and''
at the end of subparagraph (G), by inserting ``and'' at the end of
subparagraph (H), and by adding after subparagraph (H) the following
new subparagraph:
``(I) mineral royalty income earned in the first taxable
year beginning after the date of the enactment of this
subparagraph from real property owned by a timber real estate
investment trust and held, or once held, in connection with the
trade or business of producing timber by such real estate
investment trust;''.
(b) Timber Real Estate Investment Trust.--Section 856(c)(5), as
amended by this Act, is amended by adding after subparagraph (H) the
following new subparagraph:
``(I) Timber real estate investment trust.--The term
`timber real estate investment trust' means a real estate
investment trust in which more than 50 percent in value of its
total assets consists of real property held in connection with
the trade or business of producing timber.''.
(c) Effective Date.--The amendments by this section shall apply to
taxable years beginning after the date of the enactment of this Act.
SEC. 15314. MODIFICATION OF TAXABLE REIT SUBSIDIARY ASSET TEST FOR
TIMBER REITS.
(a) In General.--Section 856(c)(4)(B)(ii) is amended by inserting
``(in the case of a quarter which closes on or before the termination
date, 25 percent in the case of a timber real estate investment
trust)'' after ``REIT subsidiaries''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 15315. SAFE HARBOR FOR TIMBER PROPERTY.
(a) In General.--Section 857(b)(6) (relating to income from
prohibited transactions) is amended by adding at the end the following
new subparagraph:
``(G) Special rules for sales to qualified organizations.--
``(i) In general.--In the case of the sale of a real
estate asset (as defined in section 856(c)(5)(B)) to a
qualified organization (as defined in section 170(h)(3))
exclusively for conservation purposes (within the meaning
of section 170(h)(1)(C)), subparagraph (D) shall be
applied--
``(I) by substituting `2 years' for `4 years' in
clause (i), and
``(II) by substituting `2-year period' for `4-year
period' in clauses (ii) and (iii).
``(ii) Termination.--This subparagraph shall not apply
to sales after the termination date.''.
(b) Prohibited Transactions.--Section 857(b)(6)(D)(v) is amended by
inserting ``, or, in the case of a sale on or before the termination
date, a taxable REIT subsidiary'' after ``any income''.
(c) Sales That Are Not Prohibited Transactions.--Section 857(b)(6),
as amended by subsection (a), is amended by adding at the end the
following new subparagraph:
``(H) Sales of property that are not a prohibited
transaction.--In the case of a sale on or before the
termination date, the sale of property which is not a
prohibited transaction through the application of subparagraph
(D) shall be considered property held for investment or for use
in a trade or business and not property described in section
1221(a)(1) for all purposes of this subtitle.''.
(d) Termination Date.--Section 857(b)(6), as amended by subsections
(a) and (c), is amended by adding at the end the following new
subparagraph:
``(I) Termination date.--For purposes of this paragraph,
the term `termination date' has the meaning given such term by
section 856(c)(8).''.
(e) Effective Date.--The amendments made by this section shall
apply to dispositions in taxable years beginning after the date of the
enactment of this Act.
SEC. 15316. QUALIFIED FORESTRY CONSERVATION BONDS.
(a) In General.--Part IV of subchapter A of chapter 1 (relating to
credits against tax) is amended by adding at the end the following new
subpart:
``Subpart I--Qualified Tax Credit Bonds
``Sec. 54A. Credit to holders of qualified tax credit bonds.
``Sec. 54B. Qualified forestry conservation bonds.
``SEC. 54A. CREDIT TO HOLDERS OF QUALIFIED TAX CREDIT BONDS.
``(a) Allowance of Credit.--If a taxpayer holds a qualified tax
credit bond on one or more credit allowance dates of the bond during
any taxable year, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to the sum
of the credits determined under subsection (b) with respect to such
dates.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined under
this subsection with respect to any credit allowance date for a
qualified tax credit bond is 25 percent of the annual credit
determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with respect
to any qualified tax credit bond is the product of--
``(A) the applicable credit rate, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Applicable credit rate.--For purposes of paragraph (2),
the applicable credit rate is the rate which the Secretary
estimates will permit the issuance of qualified tax credit bonds
with a specified maturity or redemption date without discount and
without interest cost to the qualified issuer. The applicable
credit rate with respect to any qualified tax credit bond shall be
determined as of the first day on which there is a binding, written
contract for the sale or exchange of the bond.
``(4) Special rule for issuance and redemption.--In the case of
a bond which is issued during the 3-month period ending on a credit
allowance date, the amount of the credit determined under this
subsection with respect to such credit allowance date shall be a
ratable portion of the credit otherwise determined based on the
portion of the 3-month period during which the bond is outstanding.
A similar rule shall apply when the bond is redeemed or matures.
``(c) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a) for
any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(B) the sum of the credits allowable under this part
(other than subpart C and this subpart).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by paragraph
(1) for such taxable year, such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such taxable year (determined before the
application of paragraph (1) for such succeeding taxable year).
``(d) Qualified Tax Credit Bond.--For purposes of this section--
``(1) Qualified tax credit bond.--The term `qualified tax
credit bond' means a qualified forestry conservation bond which is
part of an issue that meets the requirements of paragraphs (2),
(3), (4), (5), and (6).
``(2) Special rules relating to expenditures.--
``(A) In general.--An issue shall be treated as meeting the
requirements of this paragraph if, as of the date of issuance,
the issuer reasonably expects--
``(i) 100 percent or more of the available project
proceeds to be spent for 1 or more qualified purposes
within the 3-year period beginning on such date of
issuance, and
``(ii) a binding commitment with a third party to spend
at least 10 percent of such available project proceeds will
be incurred within the 6-month period beginning on such
date of issuance.
``(B) Failure to spend required amount of bond proceeds
within 3 years.--
``(i) In general.--To the extent that less than 100
percent of the available project proceeds of the issue are
expended by the close of the expenditure period for 1 or
more qualified purposes, the issuer shall redeem all of the
nonqualified bonds within 90 days after the end of such
period. For purposes of this paragraph, the amount of the
nonqualified bonds required to be redeemed shall be
determined in the same manner as under section 142.
``(ii) Expenditure period.--For purposes of this
subpart, the term `expenditure period' means, with respect
to any issue, the 3-year period beginning on the date of
issuance. Such term shall include any extension of such
period under clause (iii).
``(iii) Extension of period.--Upon submission of a
request prior to the expiration of the expenditure period
(determined without regard to any extension under this
clause), the Secretary may extend such period if the issuer
establishes that the failure to expend the proceeds within
the original expenditure period is due to reasonable cause
and the expenditures for qualified purposes will continue
to proceed with due diligence.
``(C) Qualified purpose.--For purposes of this paragraph,
the term `qualified purpose' means a purpose specified in
section 54B(e).
``(D) Reimbursement.--For purposes of this subtitle,
available project proceeds of an issue shall be treated as
spent for a qualified purpose if such proceeds are used to
reimburse the issuer for amounts paid for a qualified purpose
after the date that the Secretary makes an allocation of bond
limitation with respect to such issue, but only if--
``(i) prior to the payment of the original expenditure,
the issuer declared its intent to reimburse such
expenditure with the proceeds of a qualified tax credit
bond,
``(ii) not later than 60 days after payment of the
original expenditure, the issuer adopts an official intent
to reimburse the original expenditure with such proceeds,
and
``(iii) the reimbursement is made not later than 18
months after the date the original expenditure is paid.
``(3) Reporting.--An issue shall be treated as meeting the
requirements of this paragraph if the issuer of qualified tax
credit bonds submits reports similar to the reports required under
section 149(e).
``(4) Special rules relating to arbitrage.--
``(A) In general.--An issue shall be treated as meeting the
requirements of this paragraph if the issuer satisfies the
requirements of section 148 with respect to the proceeds of the
issue.
``(B) Special rule for investments during expenditure
period.--An issue shall not be treated as failing to meet the
requirements of subparagraph (A) by reason of any investment of
available project proceeds during the expenditure period.
``(C) Special rule for reserve funds.--An issue shall not
be treated as failing to meet the requirements of subparagraph
(A) by reason of any fund which is expected to be used to repay
such issue if--
``(i) such fund is funded at a rate not more rapid than
equal annual installments,
``(ii) such fund is funded in a manner reasonably
expected to result in an amount not greater than an amount
necessary to repay the issue, and
``(iii) the yield on such fund is not greater than the
discount rate determined under paragraph (5)(B) with
respect to the issue.
``(5) Maturity limitation.--
``(A) In general.--An issue shall be treated as meeting the
requirements of this paragraph if the maturity of any bond
which is part of such issue does not exceed the maximum term
determined by the Secretary under subparagraph (B).
``(B) Maximum term.--During each calendar month, the
Secretary shall determine the maximum term permitted under this
paragraph for bonds issued during the following calendar month.
Such maximum term shall be the term which the Secretary
estimates will result in the present value of the obligation to
repay the principal on the bond being equal to 50 percent of
the face amount of such bond. Such present value shall be
determined using as a discount rate the average annual interest
rate of tax-exempt obligations having a term of 10 years or
more which are issued during the month. If the term as so
determined is not a multiple of a whole year, such term shall
be rounded to the next highest whole year.
``(6) Prohibition on financial conflicts of interest.--An issue
shall be treated as meeting the requirements of this paragraph if
the issuer certifies that--
``(A) applicable State and local law requirements governing
conflicts of interest are satisfied with respect to such issue,
and
``(B) if the Secretary prescribes additional conflicts of
interest rules governing the appropriate Members of Congress,
Federal, State, and local officials, and their spouses, such
additional rules are satisfied with respect to such issue.
``(e) Other Definitions.--For purposes of this subchapter--
``(1) Credit allowance date.--The term `credit allowance date'
means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term includes the last day on which the bond is outstanding.
``(2) Bond.--The term `bond' includes any obligation.
``(3) State.--The term `State' includes the District of
Columbia and any possession of the United States.
``(4) Available project proceeds.--The term `available project
proceeds' means--
``(A) the excess of--
``(i) the proceeds from the sale of an issue, over
``(ii) the issuance costs financed by the issue (to the
extent that such costs do not exceed 2 percent of such
proceeds), and
``(B) the proceeds from any investment of the excess
described in subparagraph (A).
``(f) Credit Treated as Interest.--For purposes of this subtitle,
the credit determined under subsection (a) shall be treated as interest
which is includible in gross income.
``(g) S Corporations and Partnerships.--In the case of a tax credit
bond held by an S corporation or partnership, the allocation of the
credit allowed by this section to the shareholders of such corporation
or partners of such partnership shall be treated as a distribution.
``(h) Bonds Held by Regulated Investment Companies and Real Estate
Investment Trusts.--If any qualified tax credit bond is held by a
regulated investment company or a real estate investment trust, the
credit determined under subsection (a) shall be allowed to shareholders
of such company or beneficiaries of such trust (and any gross income
included under subsection (f) with respect to such credit shall be
treated as distributed to such shareholders or beneficiaries) under
procedures prescribed by the Secretary.
``(i) Credits May Be Stripped.--Under regulations prescribed by the
Secretary--
``(1) In general.--There may be a separation (including at
issuance) of the ownership of a qualified tax credit bond and the
entitlement to the credit under this section with respect to such
bond. In case of any such separation, the credit under this section
shall be allowed to the person who on the credit allowance date
holds the instrument evidencing the entitlement to the credit and
not to the holder of the bond.
``(2) Certain rules to apply.--In the case of a separation
described in paragraph (1), the rules of section 1286 shall apply
to the qualified tax credit bond as if it were a stripped bond and
to the credit under this section as if it were a stripped coupon.
``SEC. 54B. QUALIFIED FORESTRY CONSERVATION BONDS.
``(a) Qualified Forestry Conservation Bond.--For purposes of this
subchapter, the term `qualified forestry conservation bond' means any
bond issued as part of an issue if--
``(1) 100 percent of the available project proceeds of such
issue are to be used for one or more qualified forestry
conservation purposes,
``(2) the bond is issued by a qualified issuer, and
``(3) the issuer designates such bond for purposes of this
section.
``(b) Limitation on Amount of Bonds Designated.--The maximum
aggregate face amount of bonds which may be designated under subsection
(a) by any issuer shall not exceed the limitation amount allocated to
such issuer under subsection (d).
``(c) National Limitation on Amount of Bonds Designated.--There is
a national qualified forestry conservation bond limitation of
$500,000,000.
``(d) Allocations.--
``(1) In general.--The Secretary shall make allocations of the
amount of the national qualified forestry conservation bond
limitation described in subsection (c) among qualified forestry
conservation purposes in such manner as the Secretary determines
appropriate so as to ensure that all of such limitation is
allocated before the date which is 24 months after the date of the
enactment of this section.
``(2) Solicitation of applications.--The Secretary shall
solicit applications for allocations of the national qualified
forestry conservation bond limitation described in subsection (c)
not later than 90 days after the date of the enactment of this
section.
``(e) Qualified Forestry Conservation Purpose.--For purposes of
this section, the term `qualified forestry conservation purpose' means
the acquisition by a State or any political subdivision or
instrumentality thereof or a 501(c)(3) organization (as defined in
section 150(a)(4)) from an unrelated person of forest and forest land
that meets the following qualifications:
``(1) Some portion of the land acquired must be adjacent to
United States Forest Service Land.
``(2) At least half of the land acquired must be transferred to
the United States Forest Service at no net cost to the United
States and not more than half of the land acquired may either
remain with or be conveyed to a State.
``(3) All of the land must be subject to a native fish habitat
conservation plan approved by the United States Fish and Wildlife
Service.
``(4) The amount of acreage acquired must be at least 40,000
acres.
``(f) Qualified Issuer.--For purposes of this section, the term
`qualified issuer' means a State or any political subdivision or
instrumentality thereof or a 501(c)(3) organization (as defined in
section 150(a)(4)).
``(g) Special Arbitrage Rule.--In the case of any qualified
forestry conservation bond issued as part of an issue, section
54A(d)(4)(C) shall be applied to such issue without regard to clause
(i).
``(h) Election to Treat 50 Percent of Bond Allocation as Payment of
Tax.--
``(1) In general.--If--
``(A) a qualified issuer receives an allocation of any
portion of the national qualified forestry conservation bond
limitation described in subsection (c), and
``(B) the qualified issuer elects the application of this
subsection with respect to such allocation,
then the qualified issuer (without regard to whether the issuer is
subject to tax under this chapter) shall be treated as having made
a payment against the tax imposed by this chapter, for the taxable
year preceding the taxable year in which the allocation is
received, in an amount equal to 50 percent of the amount of such
allocation.
``(2) Treatment of deemed payment.--
``(A) In general.--Notwithstanding any other provision of
this title, the Secretary shall not use the payment of tax
described in paragraph (1) as an offset or credit against any
tax liability of the qualified issuer but shall refund such
payment to such issuer.
``(B) No interest.--Except as provided in paragraph (3)(A),
the payment described in paragraph (1) shall not be taken into
account in determining any amount of interest under this title.
``(3) Requirement for, and effect of, election.--
``(A) Requirement.--No election under this subsection shall
take effect unless the qualified issuer certifies to the
Secretary that any payment of tax refunded to the issuer under
this subsection will be used exclusively for 1 or more
qualified forestry conservation purposes. If the qualified
issuer fails to use any portion of such payment for such
purpose, the issuer shall be liable to the United States in an
amount equal to such portion, plus interest at the overpayment
rate under section 6621 for the period from the date such
portion was refunded to the date such amount is paid. Any such
amount shall be assessed and collected in the same manner as
tax imposed by this chapter, except that subchapter B of
chapter 63 (relating to deficiency procedures) shall not apply
in respect of such assessment or collection.
``(B) Effect of election on allocation.--If a qualified
issuer makes the election under this subsection with respect to
any allocation--
``(i) the issuer may issue no bonds pursuant to the
allocation, and
``(ii) the Secretary may not reallocate such allocation
for any other purpose.''.
(b) Reporting.--Subsection (d) of section 6049 (relating to returns
regarding payments of interest) is amended by adding at the end the
following new paragraph:
``(9) Reporting of credit on qualified tax credit bonds.--
``(A) In general.--For purposes of subsection (a), the term
`interest' includes amounts includible in gross income under
section 54A and such amounts shall be treated as paid on the
credit allowance date (as defined in section 54A(e)(1)).
``(B) Reporting to corporations, etc.--Except as otherwise
provided in regulations, in the case of any interest described
in subparagraph (A) of this paragraph, subsection (b)(4) of
this section shall be applied without regard to subparagraphs
(A), (H), (I), (J), (K), and (L)(i).
``(C) Regulatory authority.--The Secretary may prescribe
such regulations as are necessary or appropriate to carry out
the purposes of this paragraph, including regulations which
require more frequent or more detailed reporting.''.
(c) Conforming Amendments.--
(1) Sections 54(c)(2) and 1400N(l)(3)(B) are each amended by
striking ``subpart C'' and inserting ``subparts C and I''.
(2) Section 1397E(c)(2) is amended by striking ``subpart H''
and inserting ``subparts H and I''.
(3) Section 6401(b)(1) is amended by striking ``and H'' and
inserting ``H, and I''.
(4) The heading of subpart H of part IV of subchapter A of
chapter 1 is amended by striking ``Certain Bonds'' and inserting
``Clean Renewable Energy Bonds''.
(5) The table of subparts for part IV of subchapter A of
chapter 1 is amended by striking the item relating to subpart H and
inserting the following new items:
``subpart h. nonrefundable credit to holders of clean renewable energy
bonds.
``subpart i. qualified tax credit bonds.''.
(6) Paragraph (2) of section 1324(b) of title 31, United States
Code, is amended by striking ``or 6428 or 53(e)'' and inserting ``,
53(e), 54B(h), or 6428''.
(d) Effective Dates.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act.
PART II--ENERGY PROVISIONS
Subpart A--Cellulosic Biofuel
SEC. 15321. CREDIT FOR PRODUCTION OF CELLULOSIC BIOFUEL.
(a) In General.--Subsection (a) of section 40 (relating to alcohol
used as fuel) is amended by striking ``plus'' at the end of paragraph
(1), by striking ``plus'' at the end of paragraph (2), by striking the
period at the end of paragraph (3) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(4) the cellulosic biofuel producer credit.''.
(b) Cellulosic Biofuel Producer Credit.--
(1) In general.--Subsection (b) of section 40 is amended by
adding at the end the following new paragraph:
``(6) Cellulosic biofuel producer credit.--
``(A) In general.--The cellulosic biofuel producer credit
of any taxpayer is an amount equal to the applicable amount for
each gallon of qualified cellulosic biofuel production.
``(B) Applicable amount.--For purposes of subparagraph (A),
the applicable amount means $1.01, except that such amount
shall, in the case of cellulosic biofuel which is alcohol, be
reduced by the sum of--
``(i) the amount of the credit in effect for such
alcohol under subsection (b)(1) (without regard to
subsection (b)(3)) at the time of the qualified cellulosic
biofuel production, plus
``(ii) in the case of ethanol, the amount of the credit
in effect under subsection (b)(4) at the time of such
production.
``(C) Qualified cellulosic biofuel production.--For
purposes of this section, the term `qualified cellulosic
biofuel production' means any cellulosic biofuel which is
produced by the taxpayer, and which during the taxable year--
``(i) is sold by the taxpayer to another person--
``(I) for use by such other person in the
production of a qualified cellulosic biofuel mixture in
such other person's trade or business (other than
casual off-farm production),
``(II) for use by such other person as a fuel in a
trade or business, or
``(III) who sells such cellulosic biofuel at retail
to another person and places such cellulosic biofuel in
the fuel tank of such other person, or
``(ii) is used or sold by the taxpayer for any purpose
described in clause (i).
The qualified cellulosic biofuel production of any taxpayer for
any taxable year shall not include any alcohol which is
purchased by the taxpayer and with respect to which such
producer increases the proof of the alcohol by additional
distillation.
``(D) Qualified cellulosic biofuel mixture.--For purposes
of this paragraph, the term `qualified cellulosic biofuel
mixture' means a mixture of cellulosic biofuel and gasoline or
of cellulosic biofuel and a special fuel which--
``(i) is sold by the person producing such mixture to
any person for use as a fuel, or
``(ii) is used as a fuel by the person producing such
mixture.
``(E) Cellulosic biofuel.--For purposes of this paragraph--
``(i) In general.--The term `cellulosic biofuel' means
any liquid fuel which--
``(I) is produced from any lignocellulosic or
hemicellulosic matter that is available on a renewable
or recurring basis, and
``(II) meets the registration requirements for
fuels and fuel additives established by the
Environmental Protection Agency under section 211 of
the Clean Air Act (42 U.S.C. 7545).
``(ii) Exclusion of low-proof alcohol.--Such term shall
not include any alcohol with a proof of less than 150. The
determination of the proof of any alcohol shall be made
without regard to any added denaturants.
``(F) Allocation of cellulosic biofuel producer credit to
patrons of cooperative.--Rules similar to the rules under
subsection (g)(6) shall apply for purposes of this paragraph.
``(G) Registration requirement.--No credit shall be
determined under this paragraph with respect to any taxpayer
unless such taxpayer is registered with the Secretary as a
producer of cellulosic biofuel under section 4101.
``(H) Application of paragraph.--This paragraph shall apply
with respect to qualified cellulosic biofuel production after
December 31, 2008, and before January 1, 2013.''.
(2) Termination date not to apply.--Subsection (e) of section
40 (relating to termination) is amended--
(A) by inserting ``or subsection (b)(6)(H)'' after ``by
reason of paragraph (1)'' in paragraph (2), and
(B) by adding at the end the following new paragraph:
``(3) Exception for cellulosic biofuel producer credit.--
Paragraph (1) shall not apply to the portion of the credit allowed
under this section by reason of subsection (a)(4).''.
(3) Conforming amendments.--
(A) Paragraph (1) of section 4101(a) is amended--
(i) by striking ``and every person'' and inserting ``,
every person'', and
(ii) by inserting ``, and every person producing
cellulosic biofuel (as defined in section 40(b)(6)(E))''
after ``section 6426(b)(4)(A))''.
(B) The heading of section 40, and the item relating to
such section in the table of sections for subpart D of part IV
of subchapter A of chapter 1, are each amended by inserting ``,
etc.,'' after ``Alcohol''.
(c) Biofuel Not Used as a Fuel, etc.--
(1) In general.--Paragraph (3) of section 40(d) is amended by
redesignating subparagraph (D) as subparagraph (E) and by inserting
after subparagraph (C) the following new subparagraph:
``(D) Cellulosic biofuel producer credit.--If--
``(i) any credit is allowed under subsection (a)(4),
and
``(ii) any person does not use such fuel for a purpose
described in subsection (b)(6)(C),
then there is hereby imposed on such person a tax equal to the
applicable amount (as defined in subsection (b)(6)(B)) for each
gallon of such cellulosic biofuel.''.
(2) Conforming amendments.--
(A) Subparagraph (C) of section 40(d)(3) is amended by
striking ``Producer'' in the heading and inserting ``Small
ethanol producer''.
(B) Subparagraph (E) of section 40(d)(3), as redesignated
by paragraph (1), is amended by striking ``or (C)'' and
inserting ``(C), or (D)''.
(d) Biofuel Produced in the United States.--Section 40(d) is
amended by adding at the end the following new paragraph:
``(6) Special rule for cellulosic biofuel producer credit.--No
cellulosic biofuel producer credit shall be determined under
subsection (a) with respect to any cellulosic biofuel unless such
cellulosic biofuel is produced in the United States and used as a
fuel in the United States. For purposes of this subsection, the
term `United States' includes any possession of the United
States.''.
(e) Waiver of Credit Limit for Cellulosic Biofuel Production by
Small Ethanol Producers.--Section 40(b)(4)(C) is amended by inserting
``(determined without regard to any qualified cellulosic biofuel
production)'' after ``15,000,000 gallons''.
(f) Denial of Double Benefit.--
(1) Biodiesel.--Paragraph (1) of section 40A(d) is amended by
adding at the end the following new flush sentence:
``Such term shall not include any liquid with respect to which a
credit may be determined under section 40.''.
(2) Renewable diesel.--Paragraph (3) of section 40A(f) is
amended by adding at the end the following new flush sentence:
``Such term shall not include any liquid with respect to which a
credit may be determined under section 40.''.
(g) Effective Date.--The amendments made by this section shall
apply to fuel produced after December 31, 2008.
SEC. 15322. COMPREHENSIVE STUDY OF BIOFUELS.
(a) Study.--The Secretary of the Treasury, in consultation with the
Secretary of Agriculture, the Secretary of Energy, and the
Administrator of the Environmental Protection Agency, shall enter into
an agreement with the National Academy of Sciences to produce an
analysis of current scientific findings to determine--
(1) current biofuels production, as well as projections for
future production,
(2) the maximum amount of biofuels production capable in United
States forests and farmlands, including the current quantities and
character of the feedstocks and including such information as
regional forest inventories that are commercially available, used
in the production of biofuels,
(3) the domestic effects of an increase in biofuels production
levels, including the effects of such levels on--
(A) the price of fuel,
(B) the price of land in rural and suburban communities,
(C) crop acreage, forest acreage, and other land use,
(D) the environment, due to changes in crop acreage,
fertilizer use, runoff, water use, emissions from vehicles
utilizing biofuels, and other factors,
(E) the price of feed,
(F) the selling price of grain crops and forest products,
(G) exports and imports of grains and forest products,
(H) taxpayers, through cost or savings to commodity crop
payments, and
(I) the expansion of refinery capacity,
(4) the ability to convert corn ethanol plants for other uses,
such as cellulosic ethanol or biodiesel,
(5) a comparative analysis of corn ethanol versus other
biofuels and renewable energy sources, considering cost, energy
output, and ease of implementation,
(6) the impact of the tax credit established by this subpart on
the regional agricultural and silvicultural capabilities of
commercially available forest inventories, and
(7) the need for additional scientific inquiry, and specific
areas of interest for future research.
(b) Report.--The Secretary of the Treasury shall submit an initial
report of the findings of the study required under subsection (a) to
Congress not later than 6 months after the date of the enactment of
this Act (36 months after such date in the case of the information
required by subsection (a)(6)), and a final report not later than 12
months after such date (42 months after such date in the case of the
information required by subsection (a)(6)).
Subpart B--Revenue Provisions
SEC. 15331. MODIFICATION OF ALCOHOL CREDIT.
(a) Income Tax Credit.--
(1) In general.--The table in paragraph (2) of section 40(h) is
amended--
(A) by striking ``through 2010'' in the first column and
inserting ``, 2006, 2007, or 2008'',
(B) by striking the period at the end of the third row, and
(C) by adding at the end the following new row:
``2009 through 2010................... 45 cents..................... 33.33 cents.''.
(2) Exception.--Section 40(h) is amended by adding at the end
the following new paragraph:
``(3) Reduction delayed until annual production or importation
of 7,500,000,000 gallons.--
``(A) In general.--In the case of any calendar year
beginning after 2008, if the Secretary makes a determination
described in subparagraph (B) with respect to all preceding
calendar years beginning after 2007, the last row in the table
in paragraph (2) shall be applied by substituting `51 cents'
for `45 cents'.
``(B) Determination.--A determination described in this
subparagraph with respect to any calendar year is a
determination, in consultation with the Administrator of the
Environmental Protection Agency, that an amount less than
7,500,000,000 gallons of ethanol (including cellulosic ethanol)
has been produced in or imported into the United States in such
year.''.
(b) Excise Tax Credit.--
(1) In general.--Subparagraph (A) of section 6426(b)(2)
(relating to alcohol fuel mixture credit) is amended by striking
``the applicable amount is 51 cents'' and inserting ``the
applicable amount is--
``(i) in the case of calendar years beginning before
2009, 51 cents, and
``(ii) in the case of calendar years beginning after
2008, 45 cents.''.
(2) Exception.--Paragraph (2) of section 6426(b) is amended by
adding at the end the following new subparagraph:
``(C) Reduction delayed until annual production or
importation of 7,500,000,000 gallons.--In the case of any
calendar year beginning after 2008, if the Secretary makes a
determination described in section 40(h)(3)(B) with respect to
all preceding calendar years beginning after 2007, subparagraph
(A)(ii) shall be applied by substituting `51 cents' for `45
cents'.''
(3) Conforming amendment.--Subparagraph (A) of section
6426(b)(2) is amended by striking ``subparagraph (B)'' and
inserting ``subparagraphs (B) and (C)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 15332. CALCULATION OF VOLUME OF ALCOHOL FOR FUEL CREDITS.
(a) In General.--Paragraph (4) of section 40(d) (relating to volume
of alcohol) is amended by striking ``5 percent'' and inserting ``2
percent''.
(b) Conforming Amendment for Excise Tax Credit.--Section 6426(b)
(relating to alcohol fuel mixture credit) is amended by redesignating
paragraph (5) as paragraph (6) and by inserting after paragraph (4) the
following new paragraph:
``(5) Volume of alcohol.--For purposes of determining under
subsection (a) the number of gallons of alcohol with respect to
which a credit is allowable under subsection (a), the volume of
alcohol shall include the volume of any denaturant (including
gasoline) which is added under any formulas approved by the
Secretary to the extent that such denaturants do not exceed 2
percent of the volume of such alcohol (including denaturants).''.
(c) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2008.
SEC. 15333. ETHANOL TARIFF EXTENSION.
Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff
Schedule of the United States are each amended in the effective period
column by striking ``1/1/2009'' and inserting ``1/1/2011''.
SEC. 15334. LIMITATIONS ON DUTY DRAWBACK ON CERTAIN IMPORTED ETHANOL.
(a) In General.--Section 313(p) of the Tariff Act of 1930 (19
U.S.C. 1313(p)) is amended by adding at the end the following new
paragraph:
``(5) Special rules for ethyl alcohol.--For purposes of this
subsection, any duty paid under subheading 9901.00.50 of the
Harmonized Tariff Schedule of the United States on imports of ethyl
alcohol or a mixture of ethyl alcohol may not be refunded if the
exported article upon which a drawback claim is based does not
contain ethyl alcohol or a mixture of ethyl alcohol.''.
(b) Effective Date.--The amendment made by this section applies
with respect to--
(1) imports of ethyl alcohol or a mixture of ethyl alcohol
entered for consumption, or withdrawn from warehouse for
consumption, on or after October 1, 2008; and
(2) imports of ethyl alcohol or a mixture of ethyl alcohol
entered for consumption, or withdrawn from warehouse for
consumption, before October 1, 2008, if a duty drawback claim is
filed with respect to such imports on or after October 1, 2010.
PART III--AGRICULTURAL PROVISIONS
SEC. 15341. INCREASE IN LOAN LIMITS ON AGRICULTURAL BONDS.
(a) In General.--Subparagraph (A) of section 147(c)(2) (relating to
exception for first-time farmers) is amended by striking ``$250,000''
and inserting ``$450,000''.
(b) Inflation Adjustment.--Section 147(c)(2) is amended by adding
at the end the following new subparagraph:
``(H) Adjustments for inflation.--In the case of any
calendar year after 2008, the dollar amount in subparagraph (A)
shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2007' for `calendar year 1992'
in subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $100, such amount shall be rounded to the nearest
multiple of $100.''.
(c) Modification of Substantial Farmland Definition.--Section
147(c)(2)(E) (defining substantial farmland) is amended by striking
``unless'' and all that follows through the period and inserting
``unless such parcel is smaller than 30 percent of the median size of a
farm in the county in which such parcel is located.''.
(d) Conforming Amendment.--Section 147(c)(2)(C)(i)(II) is amended
by striking ``$250,000'' and inserting ``the amount in effect under
subparagraph (A)''.
(e) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 15342. ALLOWANCE OF SECTION 1031 TREATMENT FOR EXCHANGES INVOLVING
CERTAIN MUTUAL DITCH, RESERVOIR, OR IRRIGATION COMPANY STOCK.
(a) In General.--Section 1031 (relating to exchange of property
held for productive use or investment) is amended by adding at the end
the following new subsection:
``(i) Special Rules for Mutual Ditch, Reservoir, or Irrigation
Company Stock.--For purposes of subsection (a)(2)(B), the term `stocks'
shall not include shares in a mutual ditch, reservoir, or irrigation
company if at the time of the exchange--
``(1) the mutual ditch, reservoir, or irrigation company is an
organization described in section 501(c)(12)(A) (determined without
regard to the percentage of its income that is collected from its
members for the purpose of meeting losses and expenses), and
``(2) the shares in such company have been recognized by the
highest court of the State in which such company was organized or
by applicable State statute as constituting or representing real
property or an interest in real property.''.
(b) Effective Date.--The amendment made by this section shall apply
to exchanges completed after the date of the enactment of this Act.
SEC. 15343. AGRICULTURAL CHEMICALS SECURITY CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
(relating to business related credits) is amended by adding at the end
the following new section:
``SEC. 45O. AGRICULTURAL CHEMICALS SECURITY CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
eligible agricultural business, the agricultural chemicals security
credit determined under this section for the taxable year is 30 percent
of the qualified security expenditures for the taxable year.
``(b) Facility Limitation.--The amount of the credit determined
under subsection (a) with respect to any facility for any taxable year
shall not exceed--
``(1) $100,000, reduced by
``(2) the aggregate amount of credits determined under
subsection (a) with respect to such facility for the 5 prior
taxable years.
``(c) Annual Limitation.--The amount of the credit determined under
subsection (a) with respect to any taxpayer for any taxable year shall
not exceed $2,000,000.
``(d) Qualified Chemical Security Expenditure.--For purposes of
this section, the term `qualified chemical security expenditure' means,
with respect to any eligible agricultural business for any taxable
year, any amount paid or incurred by such business during such taxable
year for--
``(1) employee security training and background checks,
``(2) limitation and prevention of access to controls of
specified agricultural chemicals stored at the facility,
``(3) tagging, locking tank valves, and chemical additives to
prevent the theft of specified agricultural chemicals or to render
such chemicals unfit for illegal use,
``(4) protection of the perimeter of specified agricultural
chemicals,
``(5) installation of security lighting, cameras, recording
equipment, and intrusion detection sensors,
``(6) implementation of measures to increase computer or
computer network security,
``(7) conducting a security vulnerability assessment,
``(8) implementing a site security plan, and
``(9) such other measures for the protection of specified
agricultural chemicals as the Secretary may identify in regulation.
Amounts described in the preceding sentence shall be taken into account
only to the extent that such amounts are paid or incurred for the
purpose of protecting specified agricultural chemicals.
``(e) Eligible Agricultural Business.--For purposes of this
section, the term `eligible agricultural business' means any person in
the trade or business of--
``(1) selling agricultural products, including specified
agricultural chemicals, at retail predominantly to farmers and
ranchers, or
``(2) manufacturing, formulating, distributing, or aerially
applying specified agricultural chemicals.
``(f) Specified Agricultural Chemical.--For purposes of this
section, the term `specified agricultural chemical' means--
``(1) any fertilizer commonly used in agricultural operations
which is listed under--
``(A) section 302(a)(2) of the Emergency Planning and
Community Right-to-Know Act of 1986,
``(B) section 101 of part 172 of title 49, Code of Federal
Regulations, or
``(C) part 126, 127, or 154 of title 33, Code of Federal
Regulations, and
``(2) any pesticide (as defined in section 2(u) of the Federal
Insecticide, Fungicide, and Rodenticide Act), including all active
and inert ingredients thereof, which is customarily used on crops
grown for food, feed, or fiber.
``(g) Controlled Groups.--Rules similar to the rules of paragraphs
(1) and (2) of section 41(f) shall apply for purposes of this section.
``(h) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out the purposes of this
section, including regulations which--
``(1) provide for the proper treatment of amounts which are
paid or incurred for purpose of protecting any specified
agricultural chemical and for other purposes, and
``(2) provide for the treatment of related properties as one
facility for purposes of subsection (b).
``(i) Termination.--This section shall not apply to any amount paid
or incurred after December 31, 2012.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) is amended by striking ``plus'' at the end of paragraph (30), by
striking the period at the end of paragraph (31) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(32) in the case of an eligible agricultural business (as
defined in section 45O(e)), the agricultural chemicals security
credit determined under section 45O(a).''.
(c) Denial of Double Benefit.--Section 280C is amended by adding at
the end the following new subsection:
``(f) Credit for Security of Agricultural Chemicals.--No deduction
shall be allowed for that portion of the expenses otherwise allowable
as a deduction taken into account in determining the credit under
section 45O for the taxable year which is equal to the amount of the
credit determined for such taxable year under section 45O(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by adding at the end
the following new item:
``Sec. 45O. Agricultural chemicals security credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 15344. 3-YEAR DEPRECIATION FOR RACE HORSES THAT ARE 2-YEARS OLD OR
YOUNGER.
(a) In General.--Clause (i) of section 168(e)(3)(A) (relating to 3-
year property) is amended to read as follows:
``(i) any race horse--
``(I) which is placed in service before January 1,
2014, and
``(II) which is placed in service after December
31, 2013, and which is more than 2 years old at the
time such horse is placed in service by such
purchaser,''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2008.
SEC. 15345. TEMPORARY TAX RELIEF FOR KIOWA COUNTY, KANSAS AND
SURROUNDING AREA.
(a) In General.--Subject to the modifications described in this
section, the following provisions of or relating to the Internal
Revenue Code of 1986 shall apply to the Kansas disaster area in
addition to the areas to which such provisions otherwise apply:
(1) Section 1400N(d) of such Code (relating to special
allowance for certain property).
(2) Section 1400N(e) of such Code (relating to increase in
expensing under section 179).
(3) Section 1400N(f) of such Code (relating to expensing for
certain demolition and clean-up costs).
(4) Section 1400N(k) of such Code (relating to treatment of net
operating losses attributable to storm losses).
(5) Section 1400N(n) of such Code (relating to treatment of
representations regarding income eligibility for purposes of
qualified rental project requirements).
(6) Section 1400N(o) of such Code (relating to treatment of
public utility property disaster losses).
(7) Section 1400Q of such Code (relating to special rules for
use of retirement funds).
(8) Section 1400R(a) of such Code (relating to employee
retention credit for employers).
(9) Section 1400S(b) of such Code (relating to suspension of
certain limitations on personal casualty losses).
(10) Section 405 of the Katrina Emergency Tax Relief Act of
2005 (relating to extension of replacement period for
nonrecognition of gain).
(b) Kansas Disaster Area.--For purposes of this section, the term
``Kansas disaster area'' means an area with respect to which a major
disaster has been declared by the President under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (FEMA-
1699-DR, as in effect on the date of the enactment of this Act) by
reason of severe storms and tornados beginning on May 4, 2007, and
determined by the President to warrant individual or individual and
public assistance from the Federal Government under such Act with
respect to damages attributable to such storms and tornados.
(c) References to Area or Loss.--
(1) Area.--Any reference in such provisions to the Katrina
disaster area or the Gulf Opportunity Zone shall be treated as a
reference to the Kansas disaster area.
(2) Loss.--Any reference in such provisions to any loss or
damage attributable to Hurricane Katrina shall be treated as a
reference to any loss or damage attributable to the May 4, 2007,
storms and tornados.
(d) References to Dates, etc.--
(1) Special allowance for certain property acquired on or after
may 5, 2007.--Section 1400N(d) of such Code--
(A) by substituting ``qualified Recovery Assistance
property'' for ``qualified Gulf Opportunity Zone property''
each place it appears,
(B) by substituting ``May 5, 2007'' for ``August 28, 2005''
each place it appears,
(C) by substituting ``December 31, 2008'' for ``December
31, 2007'' in paragraph (2)(A)(v),
(D) by substituting ``December 31, 2009'' for ``December
31, 2008'' in paragraph (2)(A)(v),
(E) by substituting ``May 4, 2007'' for ``August 27, 2005''
in paragraph (3)(A),
(F) by substituting ``January 1, 2009'' for ``January 1,
2008'' in paragraph (3)(B), and
(G) determined without regard to paragraph (6) thereof.
(2) Increase in expensing under section 179.--Section 1400N(e)
of such Code, by substituting ``qualified section 179 Recovery
Assistance property'' for ``qualified section 179 Gulf Opportunity
Zone property'' each place it appears.
(3) Expensing for certain demolition and clean-up costs.--
Section 1400N(f) of such Code--
(A) by substituting ``qualified Recovery Assistance clean-
up cost'' for ``qualified Gulf Opportunity Zone clean-up cost''
each place it appears, and
(B) by substituting ``beginning on May 4, 2007, and ending
on December 31, 2009'' for ``beginning on August 28, 2005, and
ending on December 31, 2007'' in paragraph (2) thereof.
(4) Treatment of net operating losses attributable to storm
losses.--Section 1400N(k) of such Code--
(A) by substituting ``qualified Recovery Assistance loss''
for ``qualified Gulf Opportunity Zone loss'' each place it
appears,
(B) by substituting ``after May 3, 2007, and before on
January 1, 2010'' for ``after August 27, 2005, and before
January 1, 2008'' each place it appears,
(C) by substituting ``May 4, 2007'' for ``August 28, 2005''
in paragraph (2)(B)(ii)(I) thereof,
(D) by substituting ``qualified Recovery Assistance
property'' for ``qualified Gulf Opportunity Zone property'' in
paragraph (2)(B)(iv) thereof, and
(E) by substituting ``qualified Recovery Assistance
casualty loss'' for ``qualified Gulf Opportunity Zone casualty
loss'' each place it appears.
(5) Special rules for use of retirement funds.--Section 1400Q
of such Code--
(A) by substituting ``qualified Recovery Assistance
distribution'' for ``qualified hurricane distribution'' each
place it appears,
(B) by substituting ``on or after May 4, 2007, and before
January 1, 2009'' for ``on or after August 25, 2005, and before
January 1, 2007'' in subsection (a)(4)(A)(i),
(C) by substituting ``May 4, 2007'' for ``August 28, 2005''
in subsections (a)(4)(A)(i) and (c)(3)(B),
(D) disregarding clauses (ii) and (iii) of subsection
(a)(4)(A),
(E) by substituting ``qualified storm distribution'' for
``qualified Katrina distribution'' each place it appears,
(F) by substituting ``after November 4, 2006, and before
May 5, 2007'' for ``after February 28, 2005, and before August
29, 2005'' in subsection (b)(2)(B)(ii),
(G) by substituting ``the Kansas disaster area (as defined
in section 15345(b) of the Food, Conservation, and Energy Act
of 2008) but which was not so purchased or constructed on
account of the May 4, 2007, storms and tornados'' for ``the
Hurricane Katrina disaster area, but not so purchased or
constructed on account of Hurricane Katrina'' in subsection
(b)(2)(B)(iii),
(H) by substituting ``beginning on May 4, 2007, and ending
on the date which is 5 months after the date of the enactment
of the Heartland, Habitat, Harvest, and Horticulture Act of
2008'' for ``beginning on August 25, 2005, and ending on
February 28, 2006'' in subsection (b)(3)(A),
(I) by substituting ``qualified storm individual'' for
``qualified Hurricane Katrina individual'' each place it
appears,
(J) by substituting ``December 31, 2008'' for ``December
31, 2006'' in subsection (c)(2)(A),
(K) by substituting ``beginning on the date of the
enactment of the Food, Conservation, and Energy Act of 2008 and
ending on December 31, 2008'' for ``beginning on September 24,
2005, and ending on December 31, 2006'' in subsection
(c)(4)(A)(i),
(L) by substituting ``May 4, 2007'' for ``August 25, 2005''
in subsection (c)(4)(A)(ii), and
(M) by substituting ``January 1, 2009'' for ``January 1,
2007'' in subsection (d)(2)(A)(ii).
(6) Employee retention credit for employers affected by may 4
storms and tornados.--Section 1400R(a) of the Internal Revenue Code
of 1986--
(A) by substituting ``May 4, 2007'' for ``August 28, 2005''
each place it appears,
(B) by substituting ``January 1, 2008'' for ``January 1,
2006'' both places it appears, and
(C) only with respect to eligible employers who employed an
average of not more than 200 employees on business days during
the taxable year before May 4, 2007.
(7) Suspension of certain limitations on personal casualty
losses.--Section 1400S(b)(1) of the Internal Revenue Code of 1986,
by substituting ``May 4, 2007'' for ``August 25, 2005''.
(8) Extension of replacement period for nonrecognition of
gain.--Section 405 of the Katrina Emergency Tax Relief Act of 2005,
by substituting ``on or after May 4, 2007'' for ``on or after
August 25, 2005''.
SEC. 15346. COMPETITIVE CERTIFICATION AWARDS MODIFICATION AUTHORITY.
(a) In General.--Section 48A (relating to qualifying advanced coal
project credit) is amended by adding at the end the following new
subsection:
``(h) Competitive Certification Awards Modification Authority.--In
implementing this section or section 48B, the Secretary is directed to
modify the terms of any competitive certification award and any
associated closing agreement where such modification--
``(1) is consistent with the objectives of such section,
``(2) is requested by the recipient of the competitive
certification award, and
``(3) involves moving the project site to improve the potential
to capture and sequester carbon dioxide emissions, reduce costs of
transporting feedstock, and serve a broader customer base,
unless the Secretary determines that the dollar amount of tax credits
available to the taxpayer under such section would increase as a result
of the modification or such modification would result in such project
not being originally certified. In considering any such modification,
the Secretary shall consult with other relevant Federal agencies,
including the Department of Energy.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act and is applicable to
all competitive certification awards entered into under section 48A or
48B of the Internal Revenue Code of 1986, whether such awards were
issued before, on, or after such date of enactment.
PART IV--OTHER REVENUE PROVISIONS
SEC. 15351. LIMITATION ON EXCESS FARM LOSSES OF CERTAIN TAXPAYERS.
(a) In General.--Section 461 (relating to general rule for taxable
year of deduction) is amended by adding at the end the following new
subsection:
``(j) Limitation on Excess Farm Losses of Certain Taxpayers.--
``(1) Limitation.--If a taxpayer other than a C corporation
receives any applicable subsidy for any taxable year, any excess
farm loss of the taxpayer for the taxable year shall not be
allowed.
``(2) Disallowed loss carried to next taxable year.--Any loss
which is disallowed under paragraph (1) shall be treated as a
deduction of the taxpayer attributable to farming businesses in the
next taxable year.
``(3) Applicable subsidy.--For purposes of this subsection, the
term `applicable subsidy' means--
``(A) any direct or counter-cyclical payment under title I
of the Food, Conservation, and Energy Act of 2008, or any
payment elected to be received in lieu of any such payment, or
``(B) any Commodity Credit Corporation loan.
``(4) Excess farm loss.--For purposes of this subsection--
``(A) In general.--The term `excess farm loss' means the
excess of--
``(i) the aggregate deductions of the taxpayer for the
taxable year which are attributable to farming businesses
of such taxpayer (determined without regard to whether or
not such deductions are disallowed for such taxable year
under paragraph (1)), over
``(ii) the sum of--
``(I) the aggregate gross income or gain of such
taxpayer for the taxable year which is attributable to
such farming businesses, plus
``(II) the threshold amount for the taxable year.
``(B) Threshold amount.--
``(i) In general.--The term `threshold amount' means,
with respect to any taxable year, the greater of--
``(I) $300,000 ($150,000 in the case of married
individuals filing separately), or
``(II) the excess (if any) of the aggregate amounts
described in subparagraph (A)(ii)(I) for the 5-
consecutive taxable year period preceding the taxable
year over the aggregate amounts described in
subparagraph (A)(i) for such period.
``(ii) Special rules for determining aggregate
amounts.--For purposes of clause (i)(II)--
``(I) notwithstanding the disregard in subparagraph
(A)(i) of any disallowance under paragraph (1), in the
case of any loss which is carried forward under
paragraph (2) from any taxable year, such loss (or any
portion thereof) shall be taken into account for the
first taxable year in which a deduction for such loss
(or portion) is not disallowed by reason of this
subsection, and
``(II) the Secretary shall prescribe rules for the
computation of the aggregate amounts described in such
clause in cases where the filing status of the taxpayer
is not the same for the taxable year and each of the
taxable years in the period described in such clause.
``(C) Farming business.--
``(i) In general.--The term `farming business' has the
meaning given such term in section 263A(e)(4).
``(ii) Certain trades and businesses included.--If,
without regard to this clause, a taxpayer is engaged in a
farming business with respect to any agricultural or
horticultural commodity--
``(I) the term `farming business' shall include any
trade or business of the taxpayer of the processing of
such commodity (without regard to whether the
processing is incidental to the growing, raising, or
harvesting of such commodity), and
``(II) if the taxpayer is a member of a cooperative
to which subchapter T applies, any trade or business of
the cooperative described in subclause (I) shall be
treated as the trade or business of the taxpayer.
``(D) Certain losses disregarded.--For purposes of
subparagraph (A)(i), there shall not be taken into account any
deduction for any loss arising by reason of fire, storm, or
other casualty, or by reason of disease or drought, involving
any farming business.
``(5) Application of subsection in case of partnerships and s
corporations.--In the case of a partnership or S corporation--
``(A) this subsection shall be applied at the partner or
shareholder level, and
``(B) each partner's or shareholder's proportionate share
of the items of income, gain, or deduction of the partnership
or S corporation for any taxable year from farming businesses
attributable to the partnership or S corporation, and of any
applicable subsidies received by the partnership or S
corporation during the taxable year, shall be taken into
account by the partner or shareholder in applying this
subsection to the taxable year of such partner or shareholder
with or within which the taxable year of the partnership or S
corporation ends.
The Secretary may provide rules for the application of this
paragraph to any other pass-thru entity to the extent necessary to
carry out the provisions of this subsection.
``(6) Additional reporting.--The Secretary may prescribe such
additional reporting requirements as the Secretary determines
appropriate to carry out the purposes of this subsection.
``(7) Coordination with section 469.--This subsection shall be
applied before the application of section 469.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2009.
SEC. 15352. MODIFICATION TO OPTIONAL METHOD OF COMPUTING NET EARNINGS
FROM SELF-EMPLOYMENT.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) In general.--The matter following paragraph (17) of section
1402(a) is amended--
(A) by striking ``$2,400'' each place it appears and
inserting ``the upper limit'', and
(B) by striking ``$1,600'' each place it appears and
inserting ``the lower limit''.
(2) Definitions.--Section 1402 is amended by adding at the end
the following new subsection:
``(l) Upper and Lower Limits.--For purposes of subsection (a)--
``(1) Lower limit.--The lower limit for any taxable year is the
sum of the amounts required under section 213(d) of the Social
Security Act for a quarter of coverage in effect with respect to
each calendar quarter ending with or within such taxable year.
``(2) Upper limit.--The upper limit for any taxable year is the
amount equal to 150 percent of the lower limit for such taxable
year.''.
(b) Amendments to the Social Security Act.--
(1) In general.--The matter following paragraph (16) of section
211(a) of the Social Security Act is amended--
(A) by striking ``$2,400'' each place it appears and
inserting ``the upper limit'', and
(B) by striking ``$1,600'' each place it appears and
inserting ``the lower limit''.
(2) Definitions.--Section 211 of such Act is amended by adding
at the end the following new subsection:
``(k) Upper and Lower Limits.--For purposes of subsection (a)--
``(1) The lower limit for any taxable year is the sum of the
amounts required under section 213(d) for a quarter of coverage in
effect with respect to each calendar quarter ending with or within
such taxable year.
``(2) The upper limit for any taxable year is the amount equal
to 150 percent of the lower limit for such taxable year.''.
(3) Conforming amendment.--Section 212 of such Act is amended--
(A) in subsection (b), by striking ``For'' and inserting
``Except as provided in subsection (c), for''; and
(B) by adding at the end the following new subsection:
``(c) For the purpose of determining average indexed monthly
earnings, average monthly wage, and quarters of coverage in the case of
any individual who elects the option described in clause (ii) or (iv)
in the matter following section 211(a)(16) for any taxable year that
does not begin with or during a particular calendar year and end with
or during such year, the self-employment income of such individual
deemed to be derived during such taxable year shall be allocated to the
two calendar years, portions of which are included within such taxable
year, in the same proportion to the total of such deemed self-
employment income as the sum of the amounts applicable under section
213(d) for the calendar quarters ending with or within each such
calendar year bears to the lower limit for such taxable year specified
in section 211(k)(1).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 15353. INFORMATION REPORTING FOR COMMODITY CREDIT CORPORATION
TRANSACTIONS.
(a) In General.--Subpart A of part III of subchapter A of chapter
61 (relating to information concerning persons subject to special
provisions) is amended by inserting after section 6039I the following
new section:
``SEC. 6039J. INFORMATION REPORTING WITH RESPECT TO COMMODITY CREDIT
CORPORATION TRANSACTIONS.
``(a) Requirement of Reporting.--The Commodity Credit Corporation,
through the Secretary of Agriculture, shall make a return, according to
the forms and regulations prescribed by the Secretary of the Treasury,
setting forth any market gain realized by a taxpayer during the taxable
year in relation to the repayment of a loan issued by the Commodity
Credit Corporation, without regard to the manner in which such loan was
repaid.
``(b) Statements to Be Furnished to Persons With Respect to Whom
Information Is Required.--The Secretary of Agriculture shall furnish to
each person whose name is required to be set forth in a return required
under subsection (a) a written statement showing the amount of market
gain reported in such return.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part III of subchapter A of chapter 61 is amended by inserting after
the item relating to section 6039I the following new item:
``Sec. 6039J. Information reporting with respect to Commodity Credit
Corporation transactions.''.
(c) Effective Date.--The amendments made by this section shall
apply to loans repaid on or after January 1, 2007.
PART V--PROTECTION OF SOCIAL SECURITY
SEC. 15361. PROTECTION OF SOCIAL SECURITY.
To ensure that the assets of the trust funds established under
section 201 of the Social Security Act (42 U.S.C. 401) are not reduced
as a result of the enactment of this Act, the Secretary of the Treasury
shall transfer annually from the general revenues of the Federal
Government to those trust funds the following amounts:
(1) For fiscal year 2009, $5,000,000.
(2) For fiscal year 2010, $9,000,000.
(3) For fiscal year 2011, $8,000,000.
(4) For fiscal year 2012, $7,000,000.
(5) For fiscal year 2013, $8,000,000.
(6) For fiscal year 2014, $8,000,000.
(7) For fiscal year 2015, $8,000,000.
(8) For fiscal year 2016, $6,000,000.
(9) For fiscal year 2017, $7,000,000.
Subtitle D--Trade Provisions
PART I--EXTENSION OF CERTAIN TRADE BENEFITS
SEC. 15401. SHORT TITLE.
This part may be cited as the ``Haitian Hemispheric Opportunity
through Partnership Encouragement Act of 2008'' or the ``HOPE II Act''.
SEC. 15402. BENEFITS FOR APPAREL AND OTHER TEXTILE ARTICLES.
(a) Value-Added Rule.--Section 213A(b) of the Carribean Basin
Economic Recovery Act (19 U.S.C. 2703a(b)) is amended as follows:
(1) The subsection heading is amended to read as follows:
``Apparel and Other Textile Articles''.
(2) Paragraph (1) is amended to read as follows:
``(1) Value-added rule for apparel articles.--
``(A) In general.--Apparel articles described in
subparagraph (B) of a producer or entity controlling production
that are imported directly from Haiti or the Dominican Republic
shall enter the United States free of duty during an applicable
1-year period, subject to the limitations set forth in
subparagraphs (B) and (C), and subject to subparagraph (D).''.
(3) Paragraph (2) is amended--
(A) in subparagraph (A)--
(i) by moving such subparagraph 2 ems to the right;
(ii) in clause (i), by striking ``subparagraph (C)''
and inserting ``clause (iii)'';
(iii) in clause (ii), by striking ``subparagraph (C)''
and inserting ``clause (iii)'';
(iv) in the matter following clause (ii), by striking
``subparagraph (E)(I)'' and inserting ``clause (v)(I)'';
(v) by redesignating clauses (i) and (ii) as subclauses
(I) and (II), respectively; and
(vi) by redesignating subparagraph (A) as clause (i);
(B) in subparagraph (B)--
(i) by moving such subparagraph 2 ems to the right;
(ii) by striking ``subparagraph (A)(i)'' each place it
appears and inserting ``clause (i)(I)'';
(iii) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively; and
(iv) by redesignating subparagraph (B) as clause (ii);
(C) in subparagraph (C)--
(i) by moving such subparagraph 2 ems to the right;
(ii) in the matter preceding clause (i), by striking
``subparagraph (A)'' and inserting ``clause (i)'';
(iii) in clause (ii), by striking ``that enters into
force'' and all that follows through ``et seq.)'' and
inserting ``that enters into force thereafter'';
(iv) by redesignating clauses (i) through (v) as
subclauses (I) through (V), respectively; and
(v) by redesignating subparagraph (C) as clause (iii);
(D) in subparagraph (D)--
(i) by moving such subparagraph 2 ems to the right;
(ii) in clause (i)--
(I) in the matter preceding subclause (I), by
striking ``subparagraph (A)'' and inserting ``clause
(i)'';
(II) in subclause (I), by striking ``clause (i) of
subparagraph (A)'' and inserting ``subclause (I) of
clause (i)'';
(III) in subclause (II), by striking ``clause (ii)
of subparagraph (A)'' and inserting ``subclause (II) of
clause (i)'';
(IV) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively; and
(V) by redesignating clause (i) as subclause (I);
(iii) in clause (ii)--
(I) in the matter preceding subclause (I), by
striking ``subparagraph (A)'' and inserting ``clause
(i)'';
(II) in subclause (I), by striking ``clause (i) of
subparagraph (A)'' and inserting ``subclause (I) of
clause (i)'';
(III) in subclause (II), by striking ``clause (ii)
of subparagraph (A)'' and inserting ``subclause (II) of
clause (i)'';
(IV) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively; and
(V) by redesignating clause (ii) as subclause (II);
(iv) in clause (iii)--
(I) by striking ``clause (i)(I) or (ii)(I)'' each
place it appears and inserting ``subclause (I)(aa) or
(II)(aa)'';
(II) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively; and
(III) by redesignating clause (iii) as subclause
(III);
(v) by amending clause (iv) to read as follows:
``(IV) Inclusion in calculation of other articles
receiving preferential treatment.--Entries of apparel
articles that receive preferential treatment under any
provision of law other than this subparagraph or are
subject to the `General' column 1 rate of duty under
the HTS are not included in the annual aggregation
under subclause (I) or (II) unless the producer or
entity controlling production elects, at the time the
annual aggregation calculation is made, to include such
entries in such aggregation.''; and
(vi) by redesignating subparagraph (D) as clause (iv);
(E) in subparagraph (E)--
(i) by moving such subparagraph 2 ems to the right;
(ii) in clause (i)--
(I) by redesignating subclauses (I) through (III)
as items (aa) through (cc), respectively; and
(II) by redesignating clause (i) as subclause (I);
(iii) in clause (ii)--
(I) by striking ``subparagraph (C)'' and inserting
``clause (iii)''; and
(II) by redesignating clause (ii) as subclause
(II); and
(iv) by redesignating subparagraph (E) as clause (v);
(F) in subparagraph (F)--
(i) by moving such subparagraph 2 ems to the right;
(ii) in clause (i)--
(I) by striking ``The Bureau of Customs and Border
Protection'' and inserting ``U.S. Customs and Border
Protection'';
(II) by striking ``subparagraphs (A) and (D)'' and
inserting ``clauses (i) and (iv)''; and
(III) by redesignating clause (i) as subclause (I);
(iii) in clause (ii)--
(I) in the matter preceding subclause (I)--
(aa) by striking ``the Bureau of Customs and
Border Protection'' and inserting ``U.S. Customs
and Border Protection'';
(bb) by striking ``subparagraph (A)'' each
place it appears and inserting ``clause (i)''; and
(cc) by striking ``subparagraph (D)'' and
inserting ``clause (iv)'';
(II) in subclause (I), by striking ``clause (i) of
subparagraph (A)'' and inserting ``subclause (I) of
clause (i)'';
(III) in subclause (II), by striking ``clause (ii)
of subparagraph (A)'' and inserting ``subclause (II) of
clause (i)'';
(IV) in the matter following subclause (II), by
striking ``subparagraph (E)(i)'' and inserting ``clause
(v)(I)'';
(V) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively; and
(VI) by redesignating clause (ii) as subclause
(II);
(iv) in clause (iii)--
(I) in subclause (I)--
(aa) by striking ``paragraph (1)'' and
inserting ``subparagraph (A)''; and
(bb) by striking ``subparagraph (A) or (D)''
and inserting ``clause (i) or (iv)'';
(II) in subclause (II), by striking ``clause (ii)
of this subparagraph'' and inserting ``subclause (II)
of this clause'';
(III) in the matter following subclause (II)--
(aa) by striking ``the Bureau of Customs and
Border Protection'' each place it appears and
inserting ``U.S. Customs and Border Protection'';
and
(bb) by striking ``subclause (II)'' and
inserting ``item (bb)''; and
(IV) in item (bb)--
(aa) by striking ``paragraph (1)'' and
inserting ``subparagraph (A)''; and
(bb) by striking ``subparagraph (A) or (D)''
and inserting ``clause (i) or (iv)''; and
(V) in the matter following item (bb), by striking
``paragraph (1)'' and inserting ``subparagraph (A)'';
(VI) by redesignating items (aa) and (bb) as
subitems (AA) and (BB), respectively;
(VII) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively; and
(VIII) by redesignating clause (iii) as subclause
(III); and
(v) by redesignating subparagraph (F) as clause (vi);
(G) in subparagraph (G)--
(i) by moving such subparagraph 2 ems to the right;
(ii) in clause (i)--
(I) in the matter preceding subclause (I), by
striking ``subparagraph (A) or (D)'' and inserting
``clause (i) or (iv)'';
(II) in subclause (II)--
(aa) in item (dd), by striking ``under the
Bipartisan Trade Promotion Authority Act of 2002''
and inserting ``with respect to the United
States''; and
(bb) by redesignating items (aa) through (dd)
as subitems (AA) through (DD), respectively;
(III) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively; and
(IV) by redesignating clause (i) as subclause (I);
(iii) in clause (ii)--
(I) in subclause (I), by striking ``clause (i)(I)''
and inserting ``subclause (I)(aa)'';
(II) in subclause (II), by striking ``clause
(i)(II)'' and inserting ``subclause (I)(bb)'';
(III) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively; and
(IV) by redesignating clause (ii) as subclause
(II); and
(iv) by redesignating subparagraph (G) as clause (vii);
and
(H) by striking ``(2) Apparel articles described.--'' and
inserting the following:
``(B) Apparel articles described.--''.
(4) Paragraph (3) is amended--
(A) by redesignating such paragraph as subparagraph (C) and
moving it 2 ems to the right;
(B) by striking ``paragraph (1)'' each place it appears and
inserting ``subparagraph (A)''; and
(C) in the table--
(i) by striking ``1.5 percent'' and inserting ``1.25
percent'';
(ii) by striking ``1.75 percent'' and inserting ``1.25
percent''; and
(iii) by striking ``2 percent'' and inserting ``1.25
percent''.
(5) The following is added after subparagraph (C), as
redesignated by paragraph (4)(A) of this subsection:
``(D) Other preferential treatment not affected by
quantitative limitations.--Any apparel article that qualifies
for preferential treatment under paragraph (2), (3), (4), or
(5) or any other provision of this title shall not be subject
to, or included in the calculation of, the quantitative
limitations under subparagraph (C).''.
(b) Special Rule for Woven Articles and Certain Knit Articles.--
Section 213A(b) of the Carribean Basin Economic Recovery Act is amended
by striking paragraph (4) and inserting the following:
``(2) Special rule for woven articles and certain knit
articles.--
``(A) Special rule for articles of chapter 62 of the hts.--
``(i) General rule.--Any apparel article classifiable
under chapter 62 of the HTS that is wholly assembled, or
knit-to-shape, in Haiti from any combination of fabrics,
fabric components, components knit-to-shape, or yarns and
is imported directly from Haiti or the Dominican Republic
shall enter the United States free of duty, subject to
clauses (ii) and (iii), without regard to the source of the
fabric, fabric components, components knit-to-shape, or
yarns from which the article is made.
``(ii) Limitation.--The preferential treatment
described in clause (i) shall be extended, in the 1-year
period beginning October 1, 2008, and in each of the 9
succeeding 1-year periods, to not more than 70,000,000
square meter equivalents of apparel articles described in
such clause.
``(iii) Other preferential treatment not affected by
quantitative limitation.--Any apparel article that
qualifies for preferential treatment under paragraph (1),
(3), (4), or (5) or subparagraph (B) of this paragraph or
any other provision of this title shall not be subject to,
or included in the calculation of, the quantitative
limitation under clause (ii).
``(B) Special rule for certain articles of chapter 61 of
the hts.--
``(i) General rule.--Any apparel article classifiable
under chapter 61 of the HTS that is wholly assembled, or
knit-to-shape, in Haiti from any combination of fabrics,
fabric components, components knit-to-shape, or yarns and
is imported directly from Haiti or the Dominican Republic
shall enter the United States free of duty, subject to
clauses (ii), (iii), and (iv), without regard to the source
of the fabric, fabric components, components knit-to-shape,
or yarns from which the article is made.
``(ii) Exclusions.--The preferential treatment
described in clause (i) shall not apply to the following:
``(I) The following apparel articles of cotton, for
men or boys, that are classifiable under subheading
6109.10.00 of the HTS:
``(aa) All white T-shirts, with short hemmed
sleeves and hemmed bottom, with crew or round
neckline or with V-neck and with a mitered seam at
the center of the V, and without pockets, trim, or
embroidery.
``(bb) All white singlets, without pockets,
trim, or embroidery.
``(cc) Other T-shirts, but not including
thermal undershirts.
``(II) T-shirts for men or boys that are
classifiable under subheading 6109.90.10.
``(III) The following apparel articles of cotton,
for men or boys, that are classifiable under subheading
6110.20.20 of the HTS:
``(aa) Sweatshirts.
``(bb) Pullovers, other than sweaters, vests,
or garments imported as part of playsuits.
``(IV) Sweatshirts for men or boys, of man-made
fibers and containing less than 65 percent by weight of
man-made fibers, that are classifiable under subheading
6110.30.30 of the HTS.
``(iii) Limitation.--The preferential treatment
described in clause (i) shall be extended, in the 1-year
period beginning October 1, 2008, and in each of the 9
succeeding 1-year periods, to not more than 70,000,000
square meter equivalents of apparel articles described in
such clause.
``(iv) Other preferential treatment not affected by
quantitative limitation.--Any apparel article that
qualifies for preferential treatment under paragraph (1),
(3), (4), or (5) or subparagraph (A) of this paragraph or
any other provision of this title shall not be subject to,
or included in the calculation of, the quantitative
limitation under clause (iii).''.
(c) Single Transformation Rules Not Subject to Quantitative
Limitations.--Section 213A(b) of the Caribbean Basin Economic Recovery
Act is amended by striking paragraph (5) and inserting the following:
``(3) Apparel and other articles subject to certain assembly
rules.--
``(A) Brassieres.--Any apparel article classifiable under
subheading 6212.10 of the HTS that is wholly assembled, or
knit-to-shape, in Haiti from any combination of fabrics, fabric
components, components knit-to-shape, or yarns and is imported
directly from Haiti or the Dominican Republic shall enter the
United States free of duty, without regard to the source of the
fabric, fabric components, components knit-to-shape, or yarns
from which the article is made.
``(B) Other apparel articles.--Any of the following apparel
articles that is wholly assembled, or knit-to-shape, in Haiti
from any combination of fabrics, fabric components, components
knit-to-shape, or yarns and is imported directly from Haiti or
the Dominican Republic shall enter the United States free of
duty, without regard to the source of the fabric, fabric
components, components knit-to-shape, or yarns from which the
article is made:
``(i) Any apparel article that is of a type listed in
chapter rule 3, 4, or 5 for chapter 61 of the HTS (as such
chapter rules are contained in section A of the Annex to
Proclamation 8213 of the President of December 20, 2007) as
being excluded from the scope of such chapter rule, when
such chapter rule is applied to determine whether an
apparel article is an originating good for purposes of
general note 29(n) to the HTS, except that, for purposes of
this clause, reference in such chapter rules to
`6104.12.00' shall be deemed to be a reference to
`6104.19.60'.
``(ii)(I) Subject to subclause (II), any apparel
article that is of a type listed in chapter rule 3(a),
4(a), or 5(a) for chapter 62 of the HTS, as such chapter
rules are contained in paragraph 9 of section A of the
Annex to Proclamation 8213 of the President of December 20,
2007.
``(II) Subclause (I) shall not include any apparel
article to which subparagraph (A) of this paragraph
applies.
``(C) Luggage and similar items.--Any article classifiable
under subheading 4202.12, 4202.22, 4202.32 or 4202.92 of the
HTS that is wholly assembled in Haiti and is imported directly
from Haiti or the Dominican Republic shall enter the United
States free of duty, without regard to the source of the
fabric, components, or materials from which the article is
made.
``(D) Headgear.--Any article classifiable under heading
6501, 6502, or 6504 of the HTS, or under subheading 6505.90 of
the HTS, that is wholly assembled, knit-to-shape, or formed in
Haiti from any combination of fabrics, fabric components,
components knit-to-shape, or yarns and is imported directly
from Haiti or the Dominican Republic shall enter the United
States free of duty, without regard to the source of the
fabric, fabric components, components knit-to-shape, or yarns
from which the article is made.
``(E) Certain sleepwear.--Any of the following apparel
articles that is wholly assembled, or knit-to-shape, in Haiti
from any combination of fabrics, fabric components, components
knit-to-shape, or yarns and is imported directly from Haiti or
the Dominican Republic shall enter the United States free of
duty, without regard to the source of the fabric, fabric
components, components knit-to-shape, or yarns from which the
article is made:
``(i) Pajama bottoms and other sleepwear for women and
girls, of cotton, that are classifiable under subheading
6208.91.30, or of man-made fibers, that are classifiable
under subheading 6208.92.00.
``(ii) Pajama bottoms and other sleepwear for girls, of
other textile materials, that are classifiable under
subheading 6208.99.20.''.
(d) Earned Import Allowance Rules.--Section 231A(b) of the
Caribbean Basin Economic Recovery Act is amended by adding at the end
the following new paragraph:
``(4) Earned import allowance rule.--
``(A) In general.--Apparel articles wholly assembled, or
knit-to-shape, in Haiti from any combination of fabrics, fabric
components, components knit-to-shape, or yarns and imported
directly from Haiti or the Dominican Republic shall enter the
United States free of duty, without regard to the source of the
fabric, fabric components, components knit-to-shape, or yarns
from which the articles are made, if such apparel articles are
accompanied by an earned import allowance certificate that
reflects the amount of credits equal to the total square meter
equivalents of such apparel articles, in accordance with the
program established under subparagraph (B). For purposes of
determining the quantity of square meter equivalents under this
subparagraph, the conversion factors listed in `Correlation:
U.S. Textile and Apparel Industry Category System with the
Harmonized Tariff Schedule of the United States of America,
2008', or its successor publications, of the United States
Department of Commerce, shall apply.
``(B) Earned import allowance program.--
``(i) Establishment.--The Secretary of Commerce shall
establish a program to provide earned import allowance
certificates to any producer or entity controlling
production for purposes of subparagraph (A), based on the
elements described in clause (ii).
``(ii) Elements.--The elements referred to in clause
(i) are the following:
``(I) One credit shall be issued to a producer or
an entity controlling production for every three square
meter equivalents of qualifying woven fabric or
qualifying knit fabric that the producer or entity
controlling production can demonstrate that it
purchased for the manufacture in Haiti of articles like
or similar to any article eligible for preferential
treatment under subparagraph (A). The Secretary of
Commerce shall, if requested by a producer or entity
controlling production, create and maintain an account
for such producer or entity controlling production,
into which such credits shall be deposited.
``(II) Such producer or entity controlling
production may redeem credits issued under subclause
(I) for earned import allowance certificates reflecting
such number of earned credits as the producer or entity
may request and has available.
``(III) The Secretary of Commerce may require any
textile mill or other entity located in the United
States that exports to Haiti qualifying woven fabric or
qualifying knit fabric to submit, upon such export or
upon request, documentation, such as a Shipper's Export
Declaration, to the Secretary of Commerce--
``(aa) verifying that the qualifying woven
fabric or qualifying knit fabric was exported to a
producer in Haiti or to an entity controlling
production; and
``(bb) identifying such producer or entity
controlling production, and the quantity and
description of qualifying woven fabric or
qualifying knit fabric exported to such producer or
entity controlling production.
``(IV) The Secretary of Commerce may require that a
producer or entity controlling production submit
documentation to verify purchases of qualifying woven
fabric or qualifying knit fabric.
``(V) The Secretary of Commerce may make available
to each person or entity identified in documentation
submitted under subclause (III) or (IV) information
contained in such documentation that relates to the
purchase of qualifying woven fabric or qualifying knit
fabric involving such person or entity.
``(VI) The program under this subparagraph shall be
established so as to allow, to the extent feasible, the
submission, storage, retrieval, and disclosure of
information in electronic format, including information
with respect to the earned import allowance
certificates required under subparagraph (A)(i).
``(VII) The Secretary of Commerce may reconcile
discrepancies in information provided under subclause
(III) or (IV) and verify the accuracy of such
information.
``(VIII) The Secretary of Commerce shall establish
procedures to carry out the program under this
subparagraph and may establish additional requirements
to carry out this subparagraph. Such additional
requirements may include--
``(aa) submissions by textile mills or other
entities in the United States documenting exports
of yarns wholly formed in the United States to
countries described in paragraph (1)(B)(iii) for
the manufacture of qualifying knit fabric; and
``(bb) procedures imposed on producers or
entities controlling production to allow the
Secretary of Commerce to obtain and verify
information relating to the production of
qualifying knit fabric.
``(iii) Qualifying woven fabric defined.--For purposes
of this subparagraph, the term `qualifying woven fabric'
means fabric wholly formed in the United States from yarns
wholly formed in the United States, except that--
``(I) fabric otherwise eligible as qualifying woven
fabric shall not be ineligible as qualifying woven
fabric because the fabric contains nylon filament yarn
to which section 213(b)(2)(A)(vii)(IV) applies;
``(II) fabric that would otherwise be ineligible as
qualifying woven fabric because the fabric contains
yarns not wholly formed in the United States shall not
be ineligible as qualifying woven fabric if the total
weight of all such yarns is not more than 10 percent of
the total weight of the fabric; and
``(III) fabric otherwise eligible as qualifying
woven fabric shall not be ineligible as qualifying
fabric because the fabric contains yarns covered by
clause (i) or (ii) of paragraph (5)(A).
``(iv) Qualifying knit fabric defined.--For purposes of
this subparagraph, the term `qualifying knit fabric' means
fabric or knit-to-shape components wholly formed or knit-
to-shape in any country or any combination of countries
described in paragraph (1)(B)(iii), from yarns wholly
formed in the United States, except that--
``(I) fabric or knit-to-shape components otherwise
eligible as qualifying knit fabric shall not be
ineligible as qualifying knit fabric because the fabric
or knit-to-shape components contain nylon filament yarn
to which section 213(b)(2)(A)(vii)(IV) applies;
``(II) fabric or knit-to-shape components that
would otherwise be ineligible as qualifying knit fabric
because the fabric or knit-to-shape components contain
yarns not wholly formed in the United States shall not
be ineligible as qualifying knit fabric if the total
weight of all such yarns is not more than 10 percent of
the total weight of the fabric or knit-to-shape
components; and
``(III) fabric or knit-to-shape components
otherwise eligible as qualifying knit fabric shall not
be ineligible as qualifying knit fabric because the
fabric or knit-to-shape components contain yarns
covered by clause (i) or (ii) of paragraph (5)(A).
``(C) Review by united states government accountability
office.--The United States Government Accountability Office
shall review the program established under subparagraph (B)
annually for the purpose of evaluating the effectiveness of,
and making recommendations for improvements in, the program.
``(D) Enforcement provisions.--
``(i) Fraudulent claims of preference.--Any person who
makes a false claim for preference under the program
established under subparagraph (B) shall be subject to any
applicable civil or criminal penalty that may be imposed
under the customs laws of the United States or under title
18, United States Code.
``(ii) Penalties for other fraudulent information.--The
Secretary of Commerce may establish and impose penalties
for the submission to the Secretary of Commerce of
fraudulent information under the program established under
subparagraph (B), other than a claim described in clause
(i).''.
(e) Short Supply Rules .--Section 213A(b) of the Caribbean Basin
Economic Recovery Act is amended by adding at the end the following:
``(5) Short supply provision.--
``(A) In general.--Any apparel article that is wholly
assembled, or knit-to-shape, in Haiti from any combination of
fabrics, fabric components, components knit-to-shape, or yarns
and is imported directly from Haiti or the Dominican Republic
shall enter the United States free of duty, without regard to
the source of the fabrics, fabric components, components knit-
to-shape, or yarns from which the article is made, if the
fabrics, fabric components, components knit-to-shape, or yarns
comprising the component that determines the tariff
classification of the article are of any of the following:
``(i) Fabrics or yarns, to the extent that apparel
articles of such fabrics or yarns would be eligible for
preferential treatment, without regard to the source of the
fabrics or yarns, under Annex 401 of the NAFTA.
``(ii) Fabrics or yarns, to the extent that such
fabrics or yarns are designated as not being available in
commercial quantities for purposes of--
``(I) section 213(b)(2)(A)(v) of this Act;
``(II) section 112(b)(5) of the African Growth and
Opportunity Act;
``(III) clause (i)(III) or (ii) of section
204(b)(3)(B) of the Andean Trade Preference Act; or
``(IV) any other provision, relating to determining
whether a textile or apparel article is an originating
good eligible for preferential treatment, of a law that
implements a free trade agreement entered into by the
United States that is in effect at the time the claim
for preferential treatment is made.
``(B) Removal of designation of fabrics or yarns not
available in commercial quantities.--If the President
determines that--
``(i) any fabric or yarn described in clause (i) of
subparagraph (A) was determined to be eligible for
preferential treatment, or
``(ii) any fabric or yarn described in clause (ii) of
subparagraph (A) was designated as not being available in
commercial quantities,
on the basis of fraud, the President is authorized to remove
the eligibility or designation (as the case may be) of that
fabric or yarn with respect to articles entered after such
removal.''.
(f) Miscellaneous Provisions.--
(1) Relationship to other preferential programs.--Section
213A(b) of the Caribbean Basin Economic Recovery Act is amended by
adding at the end the following:
``(6) Other preferential treatment not affected.--The duty-free
treatment provided under this subsection is in addition to any
other preferential treatment under this title.''.
(2) Definitions.--Section 213A(a) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2703a(a)) is amended by adding at
the end the following:
``(3) Imported directly from haiti or the dominican republic.--
Articles are `imported directly from Haiti or the Dominican
Republic' if--
``(A) the articles are shipped directly from Haiti or the
Dominican Republic into the United States without passing
through the territory of any intermediate country; or
``(B) the articles are shipped from Haiti or the Dominican
Republic into the United States through the territory of an
intermediate country, and--
``(i) the articles in the shipment do not enter into
the commerce of any intermediate country, and the invoices,
bills of lading, and other shipping documents specify the
United States as the final destination; or
``(ii) the invoices and other documents do not specify
the United States as the final destination, but the
articles in the shipment--
``(I) remain under the control of the customs
authority in the intermediate country;
``(II) do not enter into the commerce of the
intermediate country except for the purpose of a sale
other than at retail; and
``(III) have not been subjected to operations in
the intermediate country other than loading, unloading,
or other activities necessary to preserve the articles
in good condition.
``(4) Knit-to-shape.--A good is `knit-to-shape' if 50 percent
or more of the exterior surface area of the good is formed by major
parts that have been knitted or crocheted directly to the shape
used in the good, with no consideration being given to patch
pockets, appliques, or the like. Minor cutting, trimming, or sewing
of those major parts shall not affect the determination of whether
a good is `knit-to-shape.'
``(5) Wholly assembled.--A good is `wholly assembled' in Haiti
if all components, of which there must be at least two, pre-existed
in essentially the same condition as found in the finished good and
were combined to form the finished good in Haiti. Minor attachments
and minor embellishments (for example, appliques, beads, spangles,
embroidery, and buttons) not appreciably affecting the identity of
the good, and minor subassemblies (for example, collars, cuffs,
plackets, and pockets), shall not affect the determination of
whether a good is `wholly assembled' in Haiti.''.
(g) Termination.--Section 213A of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703a) is amended by adding at the end the
following new subsection:
``(g) Termination.--Except as provided in subsection (b)(1), the
duty-free treatment provided under this section shall remain in effect
until September 30, 2018.''.
(h) Conforming Amendments.--Subsection (e)(1) of section 213A of
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(e)(1)) is
amended by striking ``the Bureau of Customs and Border Protection''
each place it appears and inserting ``U.S. Customs and Border
Protection''.
SEC. 15403. LABOR OMBUDSMAN AND TECHNICAL ASSISTANCE IMPROVEMENT AND
COMPLIANCE NEEDS ASSESSMENT AND REMEDIATION PROGRAM.
Section 213A of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a), as amended by section 15402 of this Act, is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (5) as paragraph (8):
(B) by redesignating paragraphs (2) through (4) as
paragraphs (4) through (6), respectively;
(C) by inserting after paragraph (1) the following new
paragraphs:
``(2) Appropriate congressional committees.--. The term
``appropriate congressional committees'' means the Committee on
Finance of the Senate and the Committee on Ways and Means of the
House of Representatives.
``(3) Core labor standards.--The term ``core labor standards''
means--
``(A) freedom of association;
``(B) the effective recognition of the right to bargain
collectively;
``(C) the elimination of all forms of compulsory or forced
labor;
``(D) the effective abolition of child labor and a
prohibition on the worst forms of child labor; and
``(E) the elimination of discrimination in respect of
employment and occupation.''; and
(D) by inserting after paragraph (6) (as redesignated) the
following new paragraph:
``(7) TAICNAR program.--The term `TAICNAR Program' means the
Technical Assistance Improvement and Compliance Needs Assessment
and Remediation Program established pursuant to subsection (e).'';
(2) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Technical Assistance Improvement and Compliance Needs
Assessment and Remediation Program.--
``(1) Continued eligibility for preferences.--
``(A) Presidential certification of compliance by haiti
with requirements.--Upon the expiration of the 16-month period
beginning on the date of the enactment of the Haitian
Hemispheric Opportunity through Partnership Encouragement Act
of 2008, Haiti shall continue to be eligible for the
preferential treatment provided under subsection (b) only if
the President determines and certifies to the Congress that--
``(i) Haiti has implemented the requirements set forth
in paragraphs (2) and (3); and
``(ii) Haiti has agreed to require producers of
articles for which duty-free treatment may be requested
under subsection (b) to participate in the TAICNAR Program
described in paragraph (3) and has developed a system to
ensure participation in such program by such producers,
including by developing and maintaining the registry
described in paragraph (2)(B)(i).
``(B) Extension.--The President may extend the period for
compliance by Haiti under subparagraph (A) if the President--
``(i) determines that Haiti has made a good faith
effort toward such compliance and has agreed to take
additional steps to come into full compliance that are
satisfactory to the President; and
``(ii) provides to the appropriate congressional
committees, not later than 6 months after the last day of
the 16-month period specified in subparagraph (A), and
every 6 months thereafter, a report identifying the steps
that Haiti has agreed to take to come into full compliance
and the progress made over the preceding 6-month period in
implementing such steps.
``(C) Continuing compliance.--
``(i) Termination of preferential treatment.--If, after
making a certification under subparagraph (A), the
President determines that Haiti is no longer meeting the
requirements set forth in subparagraph (A), the President
shall terminate the preferential treatment provided under
subsection (b), unless the President determines, after
consulting with the appropriate congressional committees,
that meeting such requirements is not practicable because
of extraordinary circumstances existing in Haiti when the
determination is made.
``(ii) Subsequent compliance.--If the President, after
terminating preferential treatment under clause (i),
determines that Haiti is meeting the requirements set forth
in subparagraph (A), the President shall reinstate the
application of preferential treatment under subsection (b).
``(2) Labor ombudsman.--
``(A) In general.--The requirement under this paragraph is
that Haiti has established an independent Labor Ombudsman's
Office within the national government that--
``(i) reports directly to the President of Haiti;
``(ii) is headed by a Labor Ombudsman chosen by the
President of Haiti, in consultation with Haitian labor
unions and industry associations; and
``(iii) is vested with the authority to perform the
functions described in subparagraph (B).
``(B) Functions.--The functions of the Labor Ombudsman's
Office shall include--
``(i) developing and maintaining a registry of
producers of articles for which duty-free treatment may be
requested under subsection (b), and developing, in
consultation and coordination with any other appropriate
officials of the Government of Haiti, a system to ensure
participation by such producers in the TAICNAR Program
described in paragraph (3);
``(ii) overseeing the implementation of the TAICNAR
Program described in paragraph (3);
``(iii) receiving and investigating comments from any
interested party regarding the conditions described in
paragraph (3)(B) in facilities of producers listed in the
registry described in clause (i) and, where appropriate,
referring such comments or the result of such
investigations to the appropriate Haitian authorities, or
to the entity operating the TAICNAR Program described in
paragraph (3);
``(iv) assisting, in consultation and coordination with
any other appropriate Haitian authorities, producers listed
in the registry described in clause (i) in meeting the
conditions set forth in paragraph (3)(B); and
``(v) coordinating, with the assistance of the entity
operating the TAICNAR Program described in paragraph (3), a
tripartite committee comprised of appropriate
representatives of government agencies, employers, and
workers, as well as other relevant interested parties, for
the purposes of evaluating progress in implementing the
TAICNAR Program described in paragraph (3), and consulting
on improving core labor standards and working conditions in
the textile and apparel sector in Haiti, and on other
matters of common concern relating to such core labor
standards and working conditions.
``(3) Technical assistance improvement and compliance needs
assessment and remediation program.--
``(A) In general.--The requirement under this paragraph is
that Haiti, in cooperation with the International Labor
Organization, has established a Technical Assistance
Improvement and Compliance Needs Assessment and Remediation
Program meeting the requirements under subparagraph (C)--
``(i) to assess compliance by producers listed in the
registry described in paragraph (2)(B)(i) with the
conditions set forth in subparagraph (B) and to assist such
producers in meeting such conditions; and
``(ii) to provide assistance to improve the capacity of
the Government of Haiti--
``(I) to inspect facilities of producers listed in
the registry described in paragraph (2)(B)(i); and
``(II) to enforce national labor laws and resolve
labor disputes, including through measures described in
subparagraph (E).
``(B) Conditions described.--The conditions referred to in
subparagraph (A) are--
``(i) compliance with core labor standards; and
``(ii) compliance with the labor laws of Haiti that
relate directly to core labor standards and to ensuring
acceptable conditions of work with respect to minimum
wages, hours of work, and occupational health and safety.
``(C) Requirements.--The requirements for the TAICNAR
Program are that the program--
``(i) be operated by the International Labor
Organization (or any subdivision, instrumentality, or
designee thereof), which prepares the biannual reports
described in subparagraph (D);
``(ii) be developed through a participatory process
that includes the Labor Ombudsman described in paragraph
(2) and appropriate representatives of government agencies,
employers, and workers;
``(iii) assess compliance by each producer listed in
the registry described in paragraph (2)(B)(i) with the
conditions set forth in subparagraph (B) and identify any
deficiencies by such producer with respect to meeting such
conditions, including by--
``(I) conducting unannounced site visits to
manufacturing facilities of the producer;
``(II) conducting confidential interviews
separately with workers and management of the
facilities of the producer;
``(III) providing to management and workers, and
where applicable, worker organizations in the
facilities of the producer, on a confidential basis--
``(aa) the results of the assessment carried
out under this clause; and
``(bb) specific suggestions for remediating any
such deficiencies;
``(iv) assist the producer in remediating any
deficiencies identified under clause (iii);
``(v) conduct prompt follow-up site visits to the
facilities of the producer to assess progress on
remediation of any deficiencies identified under clause
(iii); and
``(vi) provide training to workers and management of
the producer, and where appropriate, to other persons or
entities, to promote compliance with subparagraph (B).
``(D) Biannual report.--The biannual reports referred to in
subparagraph (C)(i) are a report, by the entity operating the
TAICNAR Program, that is published (and available to the public
in a readily accessible manner) on a biannual basis, beginning
6 months after Haiti implements the TAICNAR Program under this
paragraph, covering the preceding 6-month period, and that
includes the following:
``(i) The name of each producer listed in the registry
described in paragraph (2)(B)(i) that has been identified
as having met the conditions under subparagraph (B).
``(ii) The name of each producer listed in the registry
described in paragraph (2)(B)(i) that has been identified
as having deficiencies with respect to the conditions under
subparagraph (B), and has failed to remedy such
deficiencies.
``(iii) For each producer listed under clause (ii)--
``(I) a description of the deficiencies found to
exist and the specific suggestions for remediating such
deficiencies made by the entity operating the TAICNAR
Program;
``(II) a description of the efforts by the producer
to remediate the deficiencies, including a description
of assistance provided by any entity to assist in such
remediation; and
``(III) with respect to deficiencies that have not
been remediated, the amount of time that has elapsed
since the deficiencies were first identified in a
report under this subparagraph.
``(iv) For each producer identified as having
deficiencies with respect to the conditions described under
subparagraph (B) in a prior report under this subparagraph,
a description of the progress made in remediating such
deficiencies since the submission of the prior report, and
an assessment of whether any aspect of such deficiencies
persists.
``(E) Capacity building.--The assistance to the Government
of Haiti referred to in subparagraph (A)(ii) shall include
programs--
``(i) to review the labor laws and regulations of Haiti
and to develop and implement strategies for bringing the
laws and regulations into conformity with core labor
standards;
``(ii) to develop additional strategies for
facilitating protection of core labor standards and
providing acceptable conditions of work with respect to
minimum wages, hours of work, and occupational safety and
health, including through legal, regulatory, and
institutional reform;
``(iii) to increase awareness of worker rights,
including under core labor standards and national labor
laws;
``(iv) to promote consultation and cooperation between
government representatives, employers, worker
representatives, and United States importers on matters
relating to core labor standards and national labor laws;
``(v) to assist the Labor Ombudsman appointed pursuant
to paragraph (2) in establishing and coordinating operation
of the committee described in paragraph (2)(B)(v);
``(vi) to assist worker representatives in more fully
and effectively advocating on behalf of their members; and
``(vii) to provide on-the-job training and technical
assistance to labor inspectors, judicial officers, and
other relevant personnel to build their capacity to enforce
national labor laws and resolve labor disputes.
``(4) Compliance with eligibility criteria.--
``(A) Country compliance with worker rights eligibility
criteria.--In making a determination of whether Haiti is
meeting the requirement set forth in subsection (d)(1)(A)(vi)
relating to internationally recognized worker rights, the
President shall consider the reports produced under paragraph
(3)(D).
``(B) Producer eligibility.--
``(i) Identification of producers.--Beginning in the
second calendar year after the President makes the
certification under paragraph (1)(A), the President shall
identify on a biennial basis whether a producer listed in
the registry described in paragraph (2)(B)(i) has failed to
comply with core labor standards and with the labor laws of
Haiti that directly relate to and are consistent with core
labor standards.
``(ii) Assistance to producers; withdrawal, etc., of
preferential treatment.--For each producer that the
President identifies under clause (i), the President shall
seek to assist such producer in coming into compliance with
core labor standards and with the labor laws of Haiti that
directly relate to and are consistent with core labor
standards. If such efforts fail, the President shall
withdraw, suspend, or limit the application of preferential
treatment under subsection (b) to articles of such
producer.
``(iii) Reinstating preferential treatment.--If the
President, after withdrawing, suspending, or limiting the
application of preferential treatment under clause (ii) to
articles of a producer, determines that such producer is
complying with core labor standards and with the labor laws
of Haiti that directly relate to and are consistent with
core labor standards, the President shall reinstate the
application of preferential treatment under subsection (b)
to the articles of the producer.
``(iv) Consideration of reports.--In making the
identification under clause (i) and the determination under
clause (iii), the President shall consider the reports made
available under paragraph (3)(D).
``(5) Reports by the president.--
``(A) In general.--Not later than one year after the date
of the enactment of the Haitian Hemispheric Opportunity through
Partnership Encouragement Act of 2008, and annually thereafter,
the President shall transmit to the appropriate congressional
committees a report on the implementation of this subsection
during the preceding 1-year period.
``(B) Matters to be included.--Each report required by
subparagraph (A) shall include the following:
``(i) An explanation of the efforts of Haiti, the
President, and the International Labor Organization to
carry out this subsection.
``(ii) A summary of each report produced under
paragraph (3)(D) during the preceding 1-year period and a
summary of the findings contained in such report.
``(iii) Identifications made under paragraph (4)(B)(i)
and determinations made under paragraph (4)(B)(iii).
``(6) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection the sum of $10,000,000
for the period beginning on October 1, 2008, and ending on
September 30, 2013.''.
SEC. 15404. PETITION PROCESS.
Section 213A(d) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703A(d)) is amended by adding at the end the following new
paragraph:
``(4) Petition process.--Any interested party may file a
request to have the status of Haiti reviewed with respect to the
eligibility requirements listed in paragraph (1), and the President
shall provide for this purpose the same procedures as those that
are provided for reviewing the status of eligible beneficiary
developing countries with respect to the designation criteria
listed in subsections (b) and (c) of section 502 of the Trade Act
of 1974 (19 U.S.C. 2642 (b) and (c)).''.
SEC. 15405. CONDITIONS REGARDING ENFORCEMENT OF CIRCUMVENTION.
Section 213A(f) of the Caribbean Basin Economic Recovery Act, as
redesignated by section 15403(2) of this Act, is amended by adding at
the end the following new paragraph:
``(3) Limitation on goods shipped from the dominican
republic.--
``(A) Limitation.--Notwithstanding subsection (a)(5),
relating to the definition of `imported directly from Haiti or
the Dominican Republic', articles described in subsection (b)
that are shipped from the Dominican Republic, directly or
through the territory of an intermediate country, whether or
not such articles undergo processing in the Dominican Republic,
shall not be considered to be `imported directly from Haiti or
the Dominican Republic' until the President certifies to the
Congress that Haiti and the Dominican Republic have developed
procedures to prevent unlawful transshipment of the articles
and the use of counterfeit documents related to the importation
of the articles into the United States.
``(B) Technical and other assistance.--The Commissioner
responsible for U.S. Customs and Border Protection shall
provide technical and other assistance to Haiti and the
Dominican Republic to develop expeditiously the procedures
described in subparagraph (A).''.
SEC. 15406. PRESIDENTIAL PROCLAMATION AUTHORITY.
The President may exercise the authority under section 604 of the
Trade Act of 1974 to proclaim such modifications to the Harmonized
Tariff Schedule of the United States as may be necessary to carry out
this part and the amendments made by this part.
SEC. 15407. REGULATIONS AND PROCEDURES.
The President shall issue such regulations as may be necessary to
carry out the amendments made by sections 15402, 15403, and 15404.
Regulations to carry out the amendments made by section 15402 shall be
issued not later than September 30, 2008. The Secretary of Commerce
shall issue such procedures as may be necessary to carry out the
amendment made by section 15402(d) not later than September 30, 2008.
SEC. 15408. EXTENSION OF CBTPA.
Section 213(b) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703(b)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (iii)--
(i) in subclause (II)(cc), by striking ``2008'' and
inserting ``2010''; and
(ii) in subclause (IV)(dd), by striking ``2008'' and
inserting ``2010''; and
(B) in clause (iv)(II), by striking ``6'' and inserting
``8''; and
(2) in paragraph (5)(D)--
(A) in clause (i), by striking ``2008'' and inserting
``2010''; and
(B) in clause (ii), by striking ``108(b)(5)'' and inserting
``section 108(b)(5)''.
SEC. 15409. SENSE OF CONGRESS ON INTERPRETATION OF TEXTILE AND APPAREL
PROVISIONS FOR HAITI.
It is the sense of the Congress that the executive branch,
particularly the Committee for the Implementation of Textile Agreements
(CITA), U.S. Customs and Border Protection of the Department of
Homeland Security, and the Department of Commerce, should interpret,
implement, and enforce the provisions of section 213A(b) of the
Caribbean Basin Economic Recovery Act, as amended by section 15402 of
this Act, relating to preferential treatment of textile and apparel
articles, broadly in order to expand trade by maximizing opportunities
for imports of articles eligible for preferential treatment under such
section 213A(b).
SEC. 15410. SENSE OF CONGRESS ON TRADE MISSION TO HAITI.
It is the sense of the Congress that the Secretary of Commerce, in
coordination with the United States Trade Representative, the Secretary
of State, and the Commissioner responsible for U.S. Customs and Border
Protection of the Department of Homeland Security, should lead a trade
mission to Haiti, within 6 months after the date of the enactment of
this Act, to promote trade between the United States and Haiti, to
promote new economic opportunities afforded under the amendments made
by section 15402 of this Act, and to help educate United States and
Haitian business concerns about such opportunities.
SEC. 15411. SENSE OF CONGRESS ON VISA SYSTEMS.
It is the sense of the Congress that Haiti, and other countries
that receive preferences under trade preference programs of the United
States that require effective visa systems to prevent transshipment,
should ensure that monetary compensation for such visas is not required
beyond the costs of processing the visa, including ensuring that such
monetary compensation does not violate an applicable system to combat
corruption and bribery.
SEC. 15412. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this part
and the amendments made by this part shall take effect on the date of
the enactment of this Act.
(b) Exception.--The amendments made by section 15402 shall take
effect on October 1, 2008, and shall apply to articles entered, or
withdrawn from warehouse for consumption, on or after that date.
PART II--MISCELLANEOUS TRADE PROVISIONS
SEC. 15421. UNUSED MERCHANDISE DRAWBACK.
(a) In General.--Section 313(j)(2) of the Tariff Act of 1930 (19
U.S.C. 1313(j)(2)) is amended by adding at the end the following: ``For
purposes of subparagraph (A) of this paragraph, wine of the same color
having a price variation not to exceed 50 percent between the imported
wine and the exported wine shall be deemed to be commercially
interchangeable.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to claims filed for drawback under section 313(j)(2)
of the Tariff Act of 1930 on or after the date of the enactment of this
Act.
SEC. 15422. REQUIREMENTS RELATING TO DETERMINATION OF TRANSACTION VALUE
OF IMPORTED MERCHANDISE.
(a) Requirement on Importers.--
(1) In general.--Pursuant to sections 484 and 485 of the Tariff
Act of 1930 (19 U.S.C. 1484 and 1485), the Commissioner responsible
for U.S. Customs and Border Protection shall require each importer
of merchandise to provide to U.S. Customs and Border Protection at
the time of entry of the merchandise the information described in
paragraph (2).
(2) Information required.--The information referred to in
paragraph (1) is a declaration as to whether the transaction value
of the imported merchandise is determined on the basis of the price
paid by the buyer in the first or earlier sale occurring prior to
introduction of the merchandise into the United States.
(3) Effective date.--The requirement to provide information
under this subsection shall be effective for the 1-year period
beginning 90 days after the date of the enactment of this Act.
(b) Report to International Trade Commission.--
(1) In general.--The Commissioner responsible for U.S. Customs
and Border Protection shall submit to the United States
International Trade Commission on a monthly basis for the 1-year
period specified in subsection (a)(3) a report on the information
provided by importers under subsection (a)(2) during the preceding
month. The report required under this paragraph shall be submitted
in a form agreed upon between U.S. Customs and Border Protection
and the United States International Trade Commission.
(2) Matters to be included.--The report required under
paragraph (1) shall include--
(A) the number of importers that declare the transaction
value of the imported merchandise is determined on the basis of
the method described in subsection (a)(2);
(B) the tariff classification of such imported merchandise
under the Harmonized Tariff Schedule of the United States; and
(C) the transaction value of such imported merchandise.
(c) Report to Congress.--
(1) In general.--Not later than 90 days after the submission of
the final report under subsection (b), the United States
International Trade Commission shall submit to the appropriate
congressional committees a report on the information contained in
all reports submitted under subsection (b).
(2) Matters to be included.--The report required under
paragraph (1) shall include--
(A) the aggregate number of importers that declare the
transaction value of the imported merchandise is determined on
the basis of the method described in subsection (a)(2),
including a description of the frequency of the use of such
method;
(B) the tariff classification of such imported merchandise
under the Harmonized Tariff Schedule of the United States on an
aggregate basis, including an analysis of the tariff
classification of such imported merchandise on a sectoral
basis;
(C) the aggregate transaction value of such imported
merchandise, including an analysis of the transaction value of
such imported merchandise on a sectoral basis; and
(D) the aggregate transaction value of all merchandise
imported into the United States during the 1-year period
specified in subsection (a)(3).
(d) Sense of Congress Regarding Prohibition on Proposed
Interpretation of the Term ``Sold for Exportation to the United
States''.--
(1) In general.--It is the sense of Congress that the
Commissioner responsible for U.S. Customs and Border Protection
should not implement a change to U.S. Customs and Border
Protection's interpretation (as such interpretation is in effect on
the date of the enactment of this Act) of the term ``sold for
exportation to the United States'', as described in section 402(b)
of the Tariff Act of 1930 (19 U.S.C. 1401a(b)), for purposes of
applying the transaction value of the imported merchandise in a
series of sales, before January 1, 2011.
(2) Exception.--It is the sense of Congress that beginning on
January 1, 2011, the Commissioner responsible for U.S. Customs and
Border Protection may propose to change or change U.S. Customs and
Border Protection's interpretation of the term ``sold for
exportation to the United States'', as described in paragraph (1),
only if U.S. Customs and Border Protection--
(A) consults with, and provides notice to, the appropriate
congressional committees--
(i) not less than 180 days prior to proposing a change;
and
(ii) not less than 90 days prior to publishing a
change;
(B) consults with, provides notice to, and takes into
consideration views expressed by, the Commercial Operations
Advisory Committee--
(i) not less than 120 days prior to proposing a change;
and
(ii) not less than 60 days prior to publishing a
change; and
(C) receives the explicit approval of the Secretary of the
Treasury prior to publishing a change.
(3) Consideration of international trade commission report.--It
is the sense of Congress that prior to publishing a change to U.S.
Customs and Border Protection's interpretation (as such
interpretation is in effect on the date of the enactment of this
Act) of the term ``sold for exportation to the United States'', as
described in section 402(b) of the Tariff Act of 1930 (19 U.S.C.
1401a(b)), for purposes of applying the transaction value of the
imported merchandise in a series of sales, the Commissioner
responsible for U.S. Customs and Border Protection should take into
consideration the matters included in the report prepared by the
United States International Trade Commission under subsection (c).
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate.
(2) Commercial operations advisory committee.--The term
``Commercial Operations Advisory Committee'' means the Advisory
Committee established pursuant to section 9503(c) of the Omnibus
Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) or any
successor committee.
(3) Importer.--The term ``importer'' means one of the parties
qualifying as an ``importer of record'' under section 484(a)(2)(B)
in the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)).
(4) Transaction value of the imported merchandise.--The term
``transaction value of the imported merchandise'' has the meaning
described in section 402(b) of the Tariff Act of 1930 (19 U.S.C.
1401a(b)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.