S.Amdt. 3528

TEXT OF AMENDMENTS

SA 3502. Mr. WYDEN (for himself, Mr. Alexander, Mr. Kerry, Mr.
Feingold, Mr. Bingaman, Mr. Sununu, Mr. Dodd, Ms. Stabenow, Mr. Biden,
Ms. Cantwell, Mrs. Murray, Ms. Snowe, Mr. Baucus, and Mr. Salazar)
submitted an amendment intended to be

[[Page S14002]]

proposed by him to the bill H.R. 2419, to provide for the continuation
of agricultural programs through fiscal year 2012, and for other
purposes; which was ordered to lie on the table; as follows:

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

SEC. 82___. PREVENTION OF ILLEGAL LOGGING PRACTICES.

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

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

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

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

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

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

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

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

``(B) Public participation.--In conducting the review under
paragraph (4), the Secretary shall provide public notice and
an opportunity for comment.
``(6) Promulgation of regulations.--Not later than 180 days
after the date on which the Secretary completes the review
under paragraph (4), the Secretary may promulgate
regulations--
``(A) to limit the applicability of any requirement
described in paragraph (2) to specific plant products; and
``(B) to make any other necessary modification to any
requirement described in paragraph (2), as determined by the
Secretary based on the review under paragraph (4).''; and
(3) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking
``section 4'' and inserting ``section 3(f), section 4,''.
______

SA 3503. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

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

SEC. 1107_. PENNINGTON BIOMEDICAL RESEARCH CENTER.

(a) Findings.--Congress finds that--
(1) the Pennington Biomedical Research Center (referred to
in this section as the ``Center'') is an outstanding
facility, several investigators employed by which have
positive international reputations; and
(2)(A) Congress has directed the Secretary, acting through
the Administrator of the Agricultural Research Service, to
collaborate with the Center--
(i) to establish a human nutrition research program with
the Center; and
(ii) to employ scientists of the Agricultural Research
Service focusing on obesity at the state-of-the-art
facilities of the Center; but
(B) concern exists regarding the promptness with which the
Secretary has--
(i) integrated the Center into the human nutrition research
program of the Agricultural Research Service; and
(ii) provided funding to the Center.
(b) Designation and Funding.--As soon as practicable after
the date of enactment of this Act, the Secretary shall--
(1) officially designate the Center as an ``Agricultural
Research Service Human Nutrition Center''; and
(2) provide to the Center adequate funding in accordance
with the formula used by the Secretary to provide funding to
other Agricultural Research Service Human Nutrition Centers.
(c) Effect on Other Centers.--The provision of funds to the
Center pursuant to subsection (b)(2) shall not unjustly
reduce the amount provided to any other Agricultural Research
Service Human Nutrition Center by the Secretary under any
other law (including regulations).
______

SA 3504. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an
amendment intended to be proposed by her to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

TITLE __DOMESTIC PET TURTLE MARKET ACCESS

SEC. __. SHORT TITLE.

This title may be cited as the ``Domestic Pet Turtle Market
Access Act of 2007''.

SEC. __. FINDINGS.

Congress makes the following findings:

[[Page S14003]]

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

SEC. __. SALE OF BABY TURTLES.

(a) In General.--Notwithstanding any other provision of
law, the Food and Drug Administration shall not restrict the
sale by a turtle farmer, wholesaler, or commercial retail
seller of a turtle that is less than 10.2 centimeters in
diameter as a pet if--
(1) the State or territory in which the pet turtle farmer
of the turtle is located has developed a regulatory process
by which pet turtle farmers are required to have a State
license to breed, hatch, propagate, raise, grow, receive,
ship, transport, export, or sell pet turtles or pet turtle
eggs;
(2) such State or territory requires certification of
sanitization that is signed by a veterinarian who is licensed
in the State or territory, and approved by the State or
territory agency in charge of regulating the sale of pet
turtles;
(3) the certification of sanitization requires each turtle
to be sanitized or treated for diseases, including
salmonella, and is dependant upon using the Siebeling method,
or other such proven nonantibiotic method, to make the turtle
salmonella-free; and
(4) the turtle farmer or commercial retail seller includes,
with the sale of such a turtle, a disclosure to the buyer
that includes--
(A) information regarding--
(i) the possibility that salmonella can recolonize in
turtles;
(ii) the dangers, including possible severe illness or
death, especially for at-risk people who may be susceptible
to salmonella poisoning, such as children, pregnant women,
and others who may have weak immune systems, that could
result if the turtle is not properly handled and safely
maintained;
(iii) the proper handling of the turtle, including an
explanation of proper hygiene such as handwashing after
handling a turtle; and
(iv) the proven methods of treatment that, if properly
applied, keep the turtle safe from salmonella;
(B) a detailed explanation of how to properly treat the
turtle to keep it safe from salmonella, using the proven
methods of treatment referred to under subparagraph (A), and
how the buyer can continue to purchase the tools, treatments,
or any other required item to continually treat the turtle;
and
(C) a statement that buyers of pet turtles should not
abandon the turtle or abandon the turtle outside, as the
turtle may become an invasive species to the local community,
but should instead return the turtle to a commercial retail
pet seller or other organization that would accept turtles no
longer wanted as pets.
(b) FDA Review of State Protections.--The Commissioner of
Food and Drugs may, after providing an opportunity for the
affected State to respond, restrict the sale of a turtle only
if the Secretary of Health and Human Services determines that
the actual implementation of State health protections
described in subsection (a) are insufficient to protect
consumers against infections diseases acquired from such
turtle at the time of sale.
______

SA 3505. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill H.R. 2419, to provide for the continuation
of agricultural programs through fiscal year 2012, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place in the miscellaneous title, insert
the following:

SEC. ___. LEAFY GREEN VEGETABLES.

(a) Findings.--Congress finds that--
(1) unique requirements exist with respect to the
production of safe, nutritious, and healthy leafy green
vegetables; and
(2) it is necessary to regulate the production of leafy
green vegetables under 1 marketing order that encompasses all
leafy green vegetable production in the United States.
(b) National Marketing Orders.--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--
(1) in paragraph (8)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting the clauses
appropriately;
(B) by striking the paragraph designation and heading and
all that follows through ``Except'' and inserting the
following:
``(8) Orders with marketing agreements.--
``(A) In general.--Subject to subparagraph (B) and
except''; and
(C) by adding at the end the following:
``(B) Leafy green vegetables.--
``(i) Definition of leafy green vegetable.--In this
subparagraph, the term `leafy green vegetable' includes--

``(I) arugula;
``(II) baby leaf lettuce (immature lettuce or leafy
greens);
``(III) butter lettuce;
``(IV) chard;
``(V) endive (excluding Belgian endive);
``(VI) escarole;
``(VII) green leaf lettuce;
``(VIII) green, red, and savoy cabbage;
``(IX) iceberg lettuce;
``(X) kale;
``(XI) red leaf lettuce;
``(XII) romaine lettuce;
``(XIII) spinach; and
``(XIV) spring mix.

``(ii) Approval by handlers.--Notwithstanding any other
provision of this Act, the Secretary may establish a national
marketing order for leafy green vegetables only on approval
by--

``(I) \2/3\ of the total number of handlers of leafy green
vegetables in all States that participate in an election held
by the Secretary for purposes of the approval; or
``(II) handlers of leafy green vegetables that, as
determined by the Secretary, handle not less than \2/3\ of
the volume of leafy green vegetables handled by the total
number of handlers of leafy green vegetables in all States
that participate in an election held by the Secretary for
purposes of the approval.

``(iii) Contents.--A marketing order established pursuant
to this subparagraph may provide quality requirements
relating to food safety in the production and processing of
leafy green vegetables.
``(iv) Period of effectiveness.--A marketing order
established pursuant to this subparagraph shall remain in
effect until the earlier of--

``(I) the date of termination of the marketing order under
paragraph (16)(B)(ii); and
``(II) the date on which the Secretary of Health and Human
Services assumes responsibility, pursuant to Federal law, for
safe handling in the leafy green vegetable industry.''; and

(2) in paragraph (16)(B)--
(A) by striking ``(B) The Secretary'' and inserting the
following:
``(B) Termination of marketing agreements.--
``(i) In general.--Except as provided in clause (ii), the
Secretary''; and
(B) by adding at the end the following:
``(ii) Leafy green vegetables.--Notwithstanding clause (i),
the Secretary may terminate a marketing order established
pursuant to paragraph (8)(B) only on approval by--

``(I) \1/2\ of the total number of handlers of leafy green
vegetables in all States that participate in an election held
by the Secretary for purposes of the approval; or
``(II) handlers of leafy green vegetables that, as
determined by the Secretary, handle more than \1/2\ of the
volume of leafy green vegetables handled by the total number
of handlers of leafy green vegetables in all States that
participate in an election held by the Secretary for purposes
of the approval.''.

(c) Limitations on Importation.--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 first sentence by inserting
``leafy green vegetables,'' after ``pistachios,''.
______

SA 3506. Ms. FEINSTEIN (for herself, Mr. Martinez, Mr. Casey, Ms.
Stabenow, Mrs. Boxer, Mr. Nelson of Florida, Mr. Bingaman, Mr. Cardin,
and Mr. Inouye) submitted an amendment intended to be proposed by her
to the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of part II of subtitle A of title XI, insert the
following:

SEC. 1103___. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL
INSPECTION FUNCTIONS TO DEPARTMENT OF
AGRICULTURE.

(a) Repeal of Transfer of Functions.--Sections 310 and 421
of the Homeland Security Act of 2002 (6 U.S.C. 190, 231) are
repealed.
(b) Conforming Amendment to Function of Secretary of
Homeland Security.--Section 402 of the Homeland Security Act
of 2002 (6 U.S.C. 202) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(c) Transfer Agreement.--
(1) In general.--Not later than the effective date
described in subsection (g), the Secretary and the Secretary
of Homeland Security shall enter into an agreement to
effectuate the return of functions required by the amendments
made by this section.

[[Page S14004]]

(2) Use of certain employees.--The agreement may include
authority for the Secretary to use employees of the
Department of Homeland Security to carry out authorities
delegated to the Animal and Plant Health Inspection Service
regarding the protection of domestic livestock and plants.
(d) Restoration of Department of Agriculture Employees.--
Not later than the effective date described in subsection
(g), all full-time equivalent positions of the Department of
Agriculture transferred to the Department of Homeland
Security under section 310 or 421(g) of the Homeland Security
Act of 2002 (6 U.S.C. 190, 231(g)) (as in effect on the day
before the effective date described in subsection (g)) shall
be restored to the Department of Agriculture.
(e) Authority of APHIS.--
(1) Establishment of program.--The Secretary shall
establish within the Animal and Plant Health Inspection
Service a program, to be known as the ``International
Agricultural Inspection Program'', under which the
Administrator of the Animal and Plant Health Inspection
Service (referred to in this subsection as the
``Administrator'') shall carry out import and entry
agricultural inspections.
(2) Information gathering and inspections.--In carrying out
the program under paragraph (1), the Administrator shall have
full access to--
(A) each secure area of any terminal for screening
passengers or cargo under the control of the Department of
Homeland Security on the day before the date of enactment of
this Act for purposes of carrying out inspections and
gathering information; and
(B) each database (including any database relating to cargo
manifests or employee and business records) under the control
of the Department of Homeland Security on the day before the
date of enactment of this Act for purposes of gathering
information.
(3) Inspection alerts.--The Administrator may issue
inspection alerts, including by indicating cargo to be held
for immediate inspection.
(4) Inspection user fees.--The Administrator may, as
applicable--
(A) continue to collect any agricultural quarantine
inspection user fee; and
(B) administer any reserve account for the fees.
(5) Career track program.--
(A) In general.--The Administrator shall establish a
program, to be known as the ``import and entry agriculture
inspector career track program'', to support the development
of long-term career professionals with expertise in import
and entry agriculture inspection.
(B) Strategic plan and training.--In carrying out the
program under this paragraph, the Administrator, in
coordination with the Secretary, shall--
(i) develop a strategic plan to incorporate import and
entry agricultural inspectors into the infrastructure
protecting food, fiber, forests, bioenergy, and the
environment of the United States from animal and plant pests,
diseases, and noxious weeds; and
(ii) as part of the plan under clause (i), provide training
for import and entry agricultural inspectors participating in
the program not less frequently than once each year to
improve inspection skills
(f) Duties of Secretary.--
(1) In general.--The Secretary shall--
(A) develop standard operating procedures for inspection,
monitoring, and auditing relating to import and entry
agricultural inspections, in accordance with recommendations
from the Comptroller General of the United States and reports
of interagency advisory groups, as applicable; and
(B) ensure that the Animal and Plant Health Inspection
Service has a national electronic system with real-time
tracking capability for monitoring, tracking, and reporting
inspection activities of the Service.
(2) Federal and state cooperation.--
(A) Communication system.--The Secretary shall develop and
maintain an integrated, real-time communication system with
respect to import and entry agricultural inspections to alert
State departments of agriculture of significant inspection
findings of the Animal and Plant Health Inspection Service.
(B) Advisory committee.--
(i) Establishment.--The Secretary shall establish a
committee, to be known as the ``International Trade
Inspection Advisory Committee'' (referred to in this
subparagraph as the ``committee''), to advise the Secretary
on policies and other issues relating to import and entry
agricultural inspection.
(ii) Model.--In establishing the committee, the Secretary
shall use as a model the Agricultural Trade Advisory
Committee.
(iii) Membership.--The committee shall be composed of
members representing--

(I) State departments of agriculture;
(II) directors of ports and airports in the United States;
(III) the transportation industry;
(IV) the public; and
(V) such other entities as the Secretary determines to be
appropriate.

(3) Report.--Not less frequently than once each year, the
Secretary shall submit to Congress a report containing an
assessment of--
(A) the resource needs for import and entry agricultural
inspection, including the number of inspectors required;
(B) the adequacy of--
(i) inspection and monitoring procedures and facilities in
the United States; and
(ii) the strategic plan developed under subsection
(e)(5)(B)(i); and
(C) new and potential technologies and practices, including
recommendations regarding the technologies and practices, to
improve import and entry agricultural inspection.
(4) Funding.--The Secretary shall pay the costs of each
import and entry agricultural inspector employed by the
Animal and Plant Health Inspection Service from amounts made
available to the Department of Agriculture for the applicable
fiscal year.
(g) Effective Date.--The amendments made by this section
take effect on the date that is 180 days after the date of
enactment of this Act.
______

SA 3507. Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an
amendment intended to be proposed by her to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 563, between lines 15 and 16, insert the following:

SEC. 3205. QUALITY REQUIREMENTS FOR CLEMENTINES.

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

SA 3508. Mr. REID (for Mr. Dorgan (for himself, Mr. Grassley, Mr.
Harkin, Mr. Nelson of Nebraska, Mr. Feingold, Mr. Johnson, Ms.
Klobuchar, and Mr. Tester)) proposed an amendment to amendment SA 3500
proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr.
Grassley) to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
as follows:

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

SEC. 1703. PAYMENT LIMITATIONS.

(a) In General.--Section 1001 of the Food Security of 1985
(7 U.S.C. 1308) is amended--
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
``(1) Entity.--
``(A) In general.--The term `entity' means--
``(i) an organization that (subject to the requirements of
this section and section 1001A) is eligible to receive a
payment under a provision of law referred to in subsection
(b) or (c);
``(ii) a corporation, joint stock company, association,
limited partnership, limited liability company, limited
liability partnership, charitable organization, estate,
irrevocable trust, grantor of a revocable trust, or other
similar entity (as determined by the Secretary); and
``(iii) an organization that is participating in a farming
operation as a partner in a general partnership or as a
participant in a joint venture.
``(B) Exclusion.--The term `entity' does not include a
general partnership or joint venture.
``(C) Estates.--In promulgating regulations to define the
term `entity' as the term applies to estates, the Secretary
shall ensure that fair and equitable treatment is given to
estates and the beneficiaries of estates.
``(D) Irrevocable trusts.--In promulgating regulations to
define the term `entity' as the term applies to irrevocable
trusts, the Secretary shall ensure that irrevocable trusts
are legitimate entities that have not been created for the
purpose of avoiding a payment limitation.
``(2) Individual.--The term `individual' means--
``(A) a natural person, and any minor child of the natural
person (as determined by the Secretary), who, subject to the
requirements of this section and section 1001A, is eligible
to receive a payment under a provision of law referred to in
subsection (b), (c), or (d); and
``(B) a natural person participating in a farming operation
as a partner in a general partnership, a participant in a
joint venture, a grantor of a revocable trust, or a
participant in a similar entity (as determined by the
Secretary).'';
(2) by striking subsection (b) and inserting the following:
``(b) Limitation on Direct Payments.--The total amount of
direct payments that an individual or entity may receive,
directly or indirectly, during any crop year under part I or
III of subtitle A of title I of the Food and Energy Security
Act of 2007 for 1 or more covered commodities and peanuts, or
average crop revenue payments determined under section
1401(b)(2) of that Act, shall not exceed $20,000.'';
(3) by striking subsection (c) and inserting the following:
``(c) Limitation on Counter-Cyclical Payments.--The total
amount of counter-cyclical payments that an individual or
entity may receive, directly or indirectly, during any crop
year under part I or III of subtitle

[[Page S14005]]

A or C of title I of the Food and Energy Security Act of 2007
for 1 or more covered commodities and peanuts, or average
crop revenue payments determined under section 1401(b)(3) of
that Act, shall not exceed $30,000.'';
(4) by striking subsection (d) and inserting the following:
``(d) Limitations on Marketing Loan Gains, Loan Deficiency
Payments, and Commodity Certificate Transactions.--The total
amount of the following gains and payments that an individual
or entity may receive during any crop year may not exceed
$75,000:
``(1)(A) Any gain realized by a producer from repaying a
marketing assistance loan for 1 or more loan commodities and
peanuts under part II of subtitle A of title I of the Food
and Energy Security Act of 2007 at a lower level than the
original loan rate established for the loan commodity under
that subtitle.
``(B) In the case of settlement of a marketing assistance
loan for 1 or more loan commodities and peanuts under that
subtitle by forfeiture, the amount by which the loan amount
exceeds the repayment amount for the loan if the loan had
been settled by repayment instead of forfeiture.
``(2) Any loan deficiency payments received for 1 or more
loan commodities and peanuts under that subtitle.
``(3) Any gain realized from the use of a commodity
certificate issued by the Commodity Credit Corporation for 1
or more loan commodities and peanuts, as determined by the
Secretary, including the use of a certificate for the
settlement of a marketing assistance loan made under that
subtitle or section 1307 of that Act (7 U.S.C. 7957).'';
(5) by striking subsection (e);
(6) by redesignating subsections (f) and (g) as subsections
(i) and (j), respectively;
(7) by inserting after subsection (d) the following:
``(e) Payments to Individuals and Entities.--
Notwithstanding, subsections (b) through (d), an individual
or entity may receive, directly or indirectly, through all
ownership interests of the individual or entity, from all
sources, payments or gains (as applicable) for a crop year
that shall not exceed an amount equal to twice the applicable
dollar amounts specified in subsections (b), (c), and (d).
``(f) Single Farming Operation.--Notwithstanding
subsections (b) through (d), if an individual or entity
participates only in a single farming operation and receives,
directly or indirectly, any payment or gain covered by this
section through the farming operation, the total amount of
payments or gains (as applicable) covered by this section
that the individual or entity may receive during any crop
year shall not exceed an amount equal to twice the applicable
dollar amounts specified in subsections (b), (c), and (d).
``(g) Spousal Equity.--
``(1) In general.--Notwithstanding subsections (b) through
(f), except as provided in paragraph (2), if an individual
and the spouse of the individual are covered by paragraph (2)
and receive, directly or indirectly, any payment or gain
covered by this section, the total amount of payments or
gains (as applicable) covered by this section that the
individual and spouse may jointly receive during any crop
year may not exceed an amount equal to twice the applicable
dollar amounts specified in subsections (b), (c), and (d).
``(2) Exceptions.--
``(A) Separate farming operations.--In the case of a
married couple in which each spouse, before the marriage, was
separately engaged in an unrelated farming operation, each
spouse shall be treated as a separate individual with respect
to a farming operation brought into the marriage by a spouse,
subject to the condition that the farming operation shall
remain a separate farming operation, as determined by the
Secretary.
``(B) Election to receive separate payments.--A married
couple may elect to receive payments separately in the name
of each spouse if the total amount of payments and benefits
described in subsections (b), (c), and (d) that the married
couple receives, directly or indirectly, does not exceed an
amount equal to twice the applicable dollar amounts specified
in those subsections.
``(h) Attribution of Payments.--
``(1) In general.--The Secretary shall issue such
regulations as are necessary to ensure that all payments or
gains (as applicable) are attributed to an individual by
taking into account the direct and indirect ownership
interests of the individual in an entity that is eligible to
receive such payments or gains (as applicable).
``(2) Payments to an individual.--Every payment made
directly to an individual shall be combined with the
individual's pro rata interest in payments received by an
entity or entities in which the individual has a direct or
indirect ownership interest.
``(3) Payments to an entity.--
``(A) In general.--Every payment or gain (as applicable)
made to an entity shall be attributed to those individuals
who have a direct or indirect ownership in the entity.
``(B) Attribution of payments.--
``(i) Payment limits.--Except as provided by clause (ii),
payments or gains (as applicable) made to an entity shall not
exceed twice the amounts specified in subsections (b) through
(d).
``(ii) Exception.--Payments or gains (as applicable) made
to a joint venture or a general partnership shall not exceed,
for each payment or gain (as applicable) specified in
subsections (b) through (d), the amount determined by
multiplying twice the maximum payment amount specified in
subsections (b), (c), and (d) by the number of individuals
and entities (other than joint ventures and general
partnerships) that comprise the ownership of the joint
venture or general partnership.
``(4) 4 levels of attribution for embedded entities.--
``(A) In general.--Attribution of payments or gains (as
applicable) made to entities shall be traced through 4 levels
of ownership in entities.
``(B) First level.--Any payments or gains (as applicable)
made to an entity (a first-tier entity) that is owned in
whole or in part by an individual shall be attributed to the
individual in an amount that represents the direct ownership
in the first-tier entity by the individual.
``(C) Second level.--
``(i) In general.--Any payments or gains (as applicable)
made to a first-tier entity that is owned in whole or in part
by another entity (a second-tier entity) shall be attributed
to the second-tier entity in proportion to the ownership
interest of the second-tier entity in the first-tier entity.
``(ii) Ownership by individual.--If the second-tier entity
is owned in whole or in part by an individual, the amount of
the payment made to the first-tier entity shall be attributed
to the individual in the amount the Secretary determines to
represent the indirect ownership in the first-tier entity by
the individual.
``(D) Third and fourth levels.--
``(i) In general.--Except as provided in clause (ii), the
Secretary shall attribute payments or gains (as applicable)
at the third and fourth tiers of ownership in the same manner
as specified in subparagraph (C).
``(ii) Fourth-tier ownership by entity.--If the fourth-tier
of ownership is that of a fourth-tier entity, the Secretary
shall reduce the amount of the payment to be made to the
first-tier entity in the amount that the Secretary determines
to represent the indirect ownership in the first-tier entity
by the fourth-tier entity.''; and
(8) in subsection (i) (as redesignated by paragraph (6)),
by striking ``person'' and inserting ``individual or
entity''.
(b) Substantive Change; Payments Limited to Active
Farmers.--Section 1001A of the Food Security Act of 1985 (7
U.S.C. 1308-1) is amended--
(1) by striking the section designation and heading and all
that follows through the end of subsection (a) and inserting
the following:

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

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

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

[[Page S14006]]

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

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

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

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

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

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

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

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

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

(I) in the first sentence--

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

(II) by striking the second sentence; and

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

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

(ii) by striking the second sentence; and
(3) by adding at the end the following:
``(c) Notification by Entities.--To facilitate the
administration of this section, each entity that receives
payments or benefits described as being subject to limitation
in subsection (b), (c), or (d) of section 1001 with respect
to a particular farming operation shall--
``(1) notify each individual or other entity that acquires
or holds a beneficial interest in the farming operation of
the requirements and limitations under this section; and
``(2) provide to the Secretary, at such times and in such
manner as the Secretary may require, the name and social
security number of each individual, or the name and taxpayer
identification number of each entity, that holds or acquires
such a beneficial interest.''.
(c) Schemes or Devices.--Section 1001B of the Food Security
Act of 1985 (7 U.S.C. 1308-2) is amended--
(1) by inserting ``(a) In General.--'' before ``If'';
(2) in subsection (a) (as designated by paragraph (1)), by
striking ``person'' each place it appears and inserting
``individual or entity''; and
(3) by adding at the end the following:
``(b) Extended Ineligibility.--If the Secretary determines
that an individual or entity, for the benefit of the
individual or entity or of any other individual or entity,
has knowingly engaged in, or aided in the creation of
fraudulent documents, failed to disclose material information
relevant to the administration of this subtitle requested by
the Secretary, or committed other equally serious actions as
identified in regulations issued by the Secretary, the
Secretary may for a period not to exceed 5 crop years deny
the issuance of payments to the individual or entity.
``(c) Fraud.--If fraud is committed by an individual or
entity in connection with a scheme or device to evade, or
that has the purpose of evading, section 1001, 1001A, or
1001C, the individual or entity shall be ineligible to
receive farm program payments described as being subject to
limitation in subsection (b), (c), or (d) of section 1001
for--
``(1) the crop year for which the scheme or device is
adopted; and
``(2) the succeeding 5 crop years.
``(d) Joint and Several Liability.--Any individual or
entity that participates in a scheme or device described in
subsection (a) or (b) shall be jointly and severally liable
for any and all overpayments resulting from the scheme or
device, and subject to program ineligibility resulting from
the scheme or device, regardless of whether a particular
individual or entity was a payment recipient.
``(e) Waiver Authority.--
``(1) In general.--The Secretary may fully or partially
release an individual or entity from liability for repayment
of program proceeds under subsection (d) if the individual or
entity cooperates with the Department of Agriculture by
disclosing a scheme or device to evade section 1001, 1001A,
or 1001C or any other provision of law administered by the
Secretary that imposes a payment limitation.
``(2) Discretion.--The decision of the Secretary under this
subsection is vested in the sole discretion of the
Secretary.''.
(d) Foreign Individuals and Entities Made Ineligible for
Program Benefits.--Section 1001C of the Food Security Act of
1985 (7 U.S.C. 1308-3) is amended--
(1) in the section heading, by striking ``PERSONS'' and
inserting ``INDIVIDUALS AND ENTITIES'';
(2) in subsection (a), by striking ``person'' each place it
appears and inserting ``individual'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``Corporation or
Other''; and

[[Page S14007]]

(B) in the first sentence--
(i) by striking ``a corporation or other entity shall be
considered a person that'' and inserting ``an entity''; and
(ii) by striking ``persons'' both places it appears and
inserting ``individuals''; and
(4) in subsection (c), by striking ``person'' and inserting
``entity or individual''.
(e) Treatment of Multiyear Program Contact Payments.--
Section 1001F of the Food Security Act of 1985 (7 U.S.C.
1308-5) is repealed.
On page 233, strike lines 6 through 13 and insert the
following:
(4) by striking subsection (e) and inserting the following:
``(e) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
section--
``(1) $5,000,000 for fiscal year 2008; and
``(2) $10,000,000 for each of fiscal years 2009 through
2012.''.
On page 239, strike lines 8 through 14 and insert the
following:
``(1) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary of Agriculture to carry out this
section, to remain available until expended--
``(A) not later than 30 days after the date of enactment of
the Food and Energy Security Act of 2007, $22,000,000; and
``(B) on October 1, 2011, $3,000,000.''.
On pages 445, strike lines 18 through 25 and insert the
following:
``(5) The farmland protection program under subchapter B of
chapter 2, using, to the maximum extent practicable--
``(A) $97,000,000 for fiscal year 2008;
``(B) $114,000,000 for each of fiscal years 2009 and 2010;
``(C) $115,000,000 for fiscal year 2011; and
``(D) $97,000,000 for fiscal year 2012.
``(6) The grassland reserve program under subchapter C of
chapter 2, using, to the maximum extent practicable,
$285,000,000 for the period of fiscal years 2008 through
2012.
Beginning on page 574, strike line 23 and all that follows
through page 575, line 3 and insert the following:
``(2) Amounts.--In addition to the amounts made available
under paragraph (1), from amounts made available to carry out
this Act, the Secretary shall use to carry out this
subsection--
``(A) $110,000,000 for each of fiscal years 2008 through
2012; and
``(B) $63,000,000 for each of fiscal years 2013 through
2017.''.
On page 662, strike lines 2 through 7 and insert the
following:
(a) 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 ``$60,000,000
for each of the fiscal years 2003 through 2007'' and
inserting ``$100,000,000 for fiscal year 2008, $113,000,000
for fiscal year 2009, $114,000,000 for each of fiscal years
2010 and 2011, $115,000,000 for fiscal year 2012, and
$100,000,000 for each fiscal year thereafter''.
On page 692, strike lines 6 through 17 and insert the
following:
(1) section 4101;
(2) section 4102;
(3) section 4104;
(4) section 4107;
(5) section 4109;
(6) section 4701(a)(3); and
(7) section 4903.
On page 715, strike lines 6 through 9 and insert the
following:
``(1) Funding.--
``(A) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $5,000,000 for each of fiscal years 2009 through
2012, to remain available until expended.
``(B) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2008 through 2012.
On page 744, line 6, strike ``$100,000,000'' and insert
``$200,000,000''.
On page 746, strike lines 12 through 18 and insert the
following:
(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), to remain available until expended--
(A) $120,000,000 for fiscal year 2008; and
(B) $40,000,000 for each of fiscal years 2009 and 2010.
Beginning on page 787, strike line 22 and all that follows
through page 788, line 2, and insert the following:
``(A) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
section, $40,000,000 for each of fiscal year 2008 and 2009,
to remain available until expended.
On page 993, strike lines 16 through 18 and insert the
following:
``(h) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
section, $15,000,000 for each of fiscal years 2009 through
2012, to remain available until expended.''.
______

SA 3509. Mr. REID proposed an amendment to amendment SA 3508 proposed
by Mr. Reid (for Mr. Dorgan (for himself, Mr. Grassley, Mr. Harkin, Mr.
Nelson of Nebraska, Mr. Feingold, Mr. Johnson, Ms. Klobuchar, and Mr.
Tester)) to the amendment SA 3500 proposed by Mr. Harkin (for himself,
Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; as follows:

At the end of the amendment add the following:
This section shall take effect 1 day after enactment.
______

SA 3510. Mr. REID proposed an amendment to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; as follows:

At the end of the bill add the following:
This section shall take effect 3 days after the date of
enactment.
______

SA 3511. Mr. REID proposed an amendment to amendment SA 3510 proposed
by Mr. Reid to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
as follows:

In the amendment strike 3 and insert 4.
______

SA 3512. Mr. REID proposed an amendment to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; as follows:

At the end of the bill add the following:
This section shall take effect 5 days after the date of
enactment.
______

SA 3513. Mr. REID proposed an amendment to amendment SA 3512 proposed
by Mr. Reid to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
as follows:

In the motion strike 5 and insert 6.
______

SA 3514. Mr. REID proposed an amendment to amendment SA 3513 proposed
by Mr. Reid to the amendment SA 3512 proposed by Mr. Reid to the bill
H.R. 2419, to provide for the continuation of agricultural programs
through fiscal year 2012, and for other purposes; as follows:

In the amendment strike 6 and insert 7.
______

SA 3515. Mr. STEVENS (for himself and Mrs. McCaskill) submitted an
amendment intended to be proposed by him to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

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

SA 3516. Mr. TESTER submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

Beginning on page 850, strike line 23 and all that follows
through page 851, line 6, and insert the following:
``(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--
``(1) electric generation from renewable energy resources
for resale to rural and nonrural residents;
``(2) transmission lines principally for the purpose of
wheeling power from 1 or more renewable energy sources; and
``(3) a project to capture, transport, and store carbon
dioxide at an eligible facility, except that funds from a
loan made available for such a project may be used only--
``(A) to carry out carbon dioxide capture, including
purification and compression;
``(B) to provide for the cost of transportation and
injection of carbon dioxide; or
``(C) to incorporate within the project a comprehensive
measurement, monitoring, and validation program.
______

SA 3517. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

[[Page S14008]]

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

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

``(B) Program limitations.--
``(i) In general.--The Secretary may enroll in the
conservation reserve under this subsection not more than--

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

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

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

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

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

``(C) Owner or operator limitations on buffer acreage.--The
maximum size of any buffer acreage described in subparagraph
(A)(ii) of an owner or operator enrolled in the conservation
reserve under this subsection shall be determined by the
Secretary, in consultation with the State Technical
Committee.
``(3) Duties of owners and operators.--Under a contract
entered into under this subsection, during the term of the
contract, an owner or operator of a farm or ranch shall
agree--
``(A) to restore the hydrology of the wetland within the
eligible acreage to the maximum extent practicable, as
determined by the Secretary;
``(B) to establish vegetative cover (which may include
emerging vegetation in water and bottomland hardwoods,
cypress, and other appropriate tree species in shallow water
areas) on the eligible acreage, as determined by the
Secretary;
``(C) to a general prohibition of commercial use of the
enrolled land, except for hunting leases and other
environmental services; and
``(D) to carry out other duties described in section 1232.
``(4) Duties of the secretary.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), in return for a contract entered into by an owner or
operator under this subsection, the Secretary shall make
payments based on rental rates for cropland and provide
assistance to the owner or operator in accordance with
sections 1233 and 1234.
``(B) Continuous signup.--The Secretary shall use
continuous signup under section 1234(c)(2)(B) to determine
the acceptability of contract offers and the amount of rental
payments under this subsection.
``(C) Incentives.--The amounts payable to owners and
operators in the form of rental payments under contracts
entered into under this subsection shall reflect incentives
that are provided to owners and operators to enroll
filterstrips in the conservation reserve under section
1234.''.
______

SA 3518. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 793, between lines 16 and 17, insert the following:

SEC. 6___. GRANTS TO IMPROVE TECHNICAL INFRASTRUCTURE AND
QUALITY OF RURAL HEALTH CARE FACILITIES.

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

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

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

[[Page S14009]]

such information as the Secretary may require--
``(1) to evaluate the project for which the grant is used;
and
``(2) to ensure that the grant is expended for the purposes
for which the grant was provided.
``(e) Authorization of Appropriations.--There 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.''.
______

SA 3519. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

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

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

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

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

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

SA 3520. Mrs. BOXER (for herself and Mrs. Feinstein) submitted an
amendment intended to be proposed to amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subchapter B of chapter 2 of subtitle D of
title II, add the following:

SEC. 23__. AIR QUALITY IMPROVEMENT.

(a) In General.--Under the environmental quality section of
the program established under this subchapter, the Secretary
shall promote air quality by providing cost-share payments
and incentive payments to individual producers for use in
addressing air quality concerns associated with agriculture.
(b) Eligible Practices, Cost-Share.--
(1) Reduction of emissions of air pollutants and precursors
of air pollutants.--In addition to practices eligible for
cost-share payments under the environmental quality section
of the program established under this subchapter, the
Secretary shall provide cost-share payments to producers
under this section for mobile or stationary equipment
(including engines) used in an agricultural operation that
would reduce emissions and precursors of air pollutants.
(2) Considerations.--In evaluating applications for cost-
share assistance for equipment described in paragraph (1),
the Secretary shall prioritize assistance for equipment
that--
(A) is the most cost-effective in addressing air quality
concerns; and
(B) would assist producers in meeting Federal, State, or
local regulatory requirements relating to air quality.
(c) Locations.--To receive a payment for a project under
this section, a producer shall carry out the project in a
county--
(1) that is in nonattainment with respect to ambient air
quality standards;
(2) in which there is air quality degradation, recognized
by a State or local agency, to which agricultural emissions
significantly contribute.
(d) Priority.--The Secretary shall give priority to
projects that--
(1) involve multiple producers implementing eligible
conservation activities in a coordinated manner to promote
air quality; or
(2) are designed to encourage broad adoption of innovative
approaches, including approaches involving the use of
innovative technologies and integrated pest management, on
the condition that the technologies do not have the
unintended consequence of compromising other environmental
goals.
______

SA 3521. Mr. CASEY (for himself and Ms. Stabenow) submitted an
amendment intended to be proposed by him to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 1362, between lines 19 and 20, insert the
following:

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

The Secretary may provide funds on an emergency basis to
States to assist the States in combating invasive pest and
disease outbreaks for any appropriate period of years after
the date of initial detection by a State of an invasive pest
or disease outbreak, as determined by the Secretary.
______

SA 3522. Mr. CASEY (for himself and Ms. Stabenow) submitted an
amendment intended to be proposed by him to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place in the nutrition title, insert the
following:

[[Page S14010]]

SEC. ___. SENSE OF CONGRESS REGARDING THE FOOD STAMP
NUTRITION EDUCATION PROGRAM.

(a) Findings.--Congress finds that--
(1) nutrition education under the Food and Nutrition Act of
2007 (7 U.S.C. 2011 et seq.) plays an essential role in
improving the dietary and physical activity practices of low-
income people in the United States, helping to reduce food
insecurity, prevent obesity, and reduce the risks of chronic
disease;
(2) expert organizations, such as the Institute of
Medicine, indicate that dietary and physical activity
behavior change is more likely to result from the combined
application of public health approaches and education than
from education alone; and
(3) State programs are implementing nutrition education
using effective strategies, including direct education, group
activities, and social marketing.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary should support and encourage the most
effective interventions for nutrition education under the
Food and Nutrition Act of 2007 (7 U.S.C. 2011 et seq.),
including public health approaches and traditional education,
to increase the likelihood that recipients of food and
nutrition program benefits and people who are potentially
eligible for those benefits will choose diets and physical
activity practices consistent with the Dietary Guidelines for
Americans; and
(2) to promote the most effective implementation of
publicly-funded programs, State nutrition education
activities under the Food and Nutrition Act of 2007 (7 U.S.C.
2011 et seq.)--
(A) should be coordinated with other federally-funded food
assistance and public health programs; and
(B) should leverage public/private partnerships to maximize
the resources and impact of the programs.
______

SA 3523. Ms. STABENOW submitted an amendment intended to be proposed
by her to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

Beginning on page 672, strike line 7 and all that follows
through page 673, line 4, and insert the following:

SEC. 4904. BUY AMERICAN REQUIREMENTS.

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

SA 3524. Ms. MIKULSKI (for herself and Mr. Specter) submitted an
amendment intended to be proposed by her to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 1045, after line 2, insert the following:

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

(a) Study by the Department of Agriculture.--
(1) In general.--The Secretary of Agriculture (referred to
in this section as the ``Secretary''), in coordination with
the Economic Research Service, and after consultation with
the Secretary of Health and Human Services (acting through
the Commissioner of Food and Drugs), shall conduct a study on
the economic and trade impact of agricultural exports of food
products from cloned animals.
(2) Content of study.--The study under paragraph (1) shall
include--
(A) an analysis of the domestic agricultural and
international trade economic implications of permitting
commercialization of milk and meat from cloned animals and
their progeny into the food supply, with special attention
to--
(i) the impact on Federal agricultural expenditures; and
(ii) meat and milk exports shifts that would take place as
other countries react to that commercialization, including
the potential for other countries to ban exports from the
United States; and
(B) estimates of the consumer and exporter behavioral
responses that must be factored into both the economic impact
analysis and the health impact analysis required under this
section.
(b) Study With the Government Accountability Office on
Monitoring Food Products From Cloned Animals.--
(1) In general.--The Secretary, in coordination with
Comptroller General of the United States, shall conduct a
study on the programs in place at the Department of
Agriculture to monitor food products from cloned animals if
such products enter the food supply.
(2) Content of study.--The study under paragraph (1) shall
include an evaluation of the processes in place at the
Department of Agriculture to monitor food products from
cloned animals throughout the food supply. The study shall
also include a review of existing studies and literature,
from the United States and other countries and organizations,
that relate to the evaluation of the safety of food products
from cloned animals and methods for monitoring such products
in the food supply.
(c) Study With the Government Accountability Office on the
Health Effects and Costs Attributable to Milk From Cloned
Animals in the Food Supply.--
(1) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services (acting through the
Commissioner of Food and Drugs), and in coordination with
Comptroller General of the United States, shall conduct a
study on the health effects and costs attributable to milk
from cloned animals in the food supply.
(2) Content of study.--The study under paragraph (1) shall
include an evaluation and measurement of the potential public
health effects and associated health care costs, including
any consumer behavior changes and negative impacts on
nutrition, and prevention of osteoporosis and other chronic
disease that result from any decrease in milk consumption,
attributable to the commercialization of milk from cloned
animals and their progeny.
(d) Study With the National Academy of Sciences.--
(1) In general.--The Secretary shall contract with the
National Academy of Sciences to conduct a study and report to
Congress regarding the safety of food products derived from
cloned animals.
(2) Content of study.--The study under paragraph (1) shall
include a review and an assessment of whether the studies
(including peer review studies), data, and analysis used in
the draft risk assessment issued by the Food and Drug
Administration entitled Animal Cloning: A Draft Risk
Assessment (issued on December 28, 2006) supported the
conclusions drawn by such draft risk assessment and--
(A) whether there were a sufficient number of studies to
support such conclusions; and
(B) whether additional pertinent studies and data exist
which were not considered in the draft risk assessment and
how this additional information affects the conclusions drawn
in such draft risk assessment.
(e) Rule of Construction.--Nothing in this section shall be
construed to impede ongoing scientific research in artificial
reproductive health technologies.
(f) Timeframe for Studies.--The Secretary shall complete
the studies required under this section prior to issuance by
the Commissioner of Food and Drugs of the final risk
assessment on the safety of cloned animals and food products
derived from cloned animals.
(g) Continuance of Moratorium.--The voluntary moratorium on
introducing food from cloned animals or their progeny into
the food supply, as in effect on the date of enactment of
this Act, shall remain in effect at least until the date that
the Secretary of Health and Human Services (acting through
the Commissioner of Food and Drugs) issues the final risk
assessment described in subsection (f).
______

SA 3525. Ms. MIKULSKI submitted an amendment intended to be proposed
by her to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place in subtitle B of title XI, insert
the following:

SEC. 11__. CLONED FOOD LABELING.

(a) Amendments to the Federal Food, Drug, and Cosmetic
Act.--
(1) In general.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end
the following:
``(z)(1) If it contains cloned product unless it bears a
label that provides notice in accordance with the following:
``(A) A notice as follows: `THIS PRODUCT IS FROM A CLONED
ANIMAL OR ITS PROGENY'.
``(B) The notice required in clause (A) is of the same size
as would apply if the notice provided nutrition information
that is required in paragraph (q)(1).
``(C) The notice required under clause (A) is clearly
legible and conspicuous.
``(2) For purposes of this paragraph:
``(A) The term `cloned animal' means--
``(i) an animal produced as the result of somatic cell
nuclear transfer; and
``(ii) the progeny of such an animal.
``(B) The term `cloned product' means a product or
byproduct derived from or containing any part of a cloned
animal.
``(3) This paragraph does not apply to food that is a
medical food as defined in section 5(b) of the Orphan Drug
Act.

[[Page S14011]]

``(4)(A) The Secretary, in consultation with the Secretary
of Agriculture, shall require that any person that prepares,
stores, handles, or distributes a cloned product for retail
sale maintain a verifiable recordkeeping audit trail that
will permit the Secretary to verify compliance with this
paragraph and paragraph (aa).
``(B) The Secretary, in consultation with the Secretary of
Agriculture, shall publish in the Federal Register the
procedures established by such Secretaries to verify
compliance with the recordkeeping audit trail system required
under clause (A).
``(C) The Secretary, in consultation with the Secretary of
Agriculture, shall, on annual basis, submit to Congress a
report that describes the progress and activities of the
recordkeeping audit trail system and compliance verification
procedures required under this subparagraph.
``(aa) If it bears a label indicating (within the meaning
of paragraph (z)) that it does not contain cloned product,
unless the label is in accordance with regulations
promulgated by the Secretary. With respect to such
regulations:
``(1) The regulations may not require such a label to
include any statement indicating that the fact that a food
does not contain such product has no bearing on the safety of
the food for human consumption.
``(2) The regulations may not prohibit such a label on the
basis that, in the case of the type of food involved, there
is no version of the food in commercial distribution that
does contain such product.''.
(2) Civil penalties.--Section 303 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding
at the end the following subsection:
``(h)(1) With respect to a violation of section 301(a),
301(b), or 301(c) involving the misbranding of food within
the meaning of section 403(z) or 403(aa), any person engaging
in such a violation shall be liable to the United States for
a civil penalty in an amount not to exceed $100,000 for each
such violation.
``(2) Paragraphs (5) through (7) of subsection (f) apply
with respect to a civil penalty under paragraph (1) of this
subsection to the same extent and in the same manner as such
paragraphs (5) through (7) apply with respect to a civil
penalty under paragraph (1), (2), or (3) of subsection
(f).''.
(3) Guaranty.--
(A) In general.--Section 303(d) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(d)) is amended--
(i) by striking ``(d)'' and inserting ``(d)(1)''; and
(ii) by adding at the end the following paragraph:
``(2) Subject to section 403(z)(4), no person shall be
subject to the penalties of subsection (a)(1) or (h) for a
violation of section 301(a), 301(b), or 301(c) involving the
misbranding of food within the meaning of section 403(z) and
403(aa) if such person (referred to in this paragraph as the
`recipient') establishes a guaranty or undertaking signed by,
and containing the name and address of, the person residing
in the United States from whom the recipient received in good
faith the food to the effect that (within the meaning of
section 403(z)) the food does not contain any cloned
product.''.
(B) False guaranty.--Section 301(h) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by
inserting ``or 303(d)(2)'' after ``303(c)(2)''.
(4) Citizen suits.--Chapter III of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331 et seq.) is amended by adding
at the end the following section:

``SEC. 311. CITIZEN SUITS REGARDING MISBRANDING OF FOOD WITH
RESPECT TO PRODUCT FROM CLONED ANIMALS.

``(a) In General.--Except as provided in subsection (c),
any person may on his or her behalf commence a civil action
in an appropriate district court of the United States
against--
``(1) a person who is alleged to have engaged in a
violation of section 301(a), 301(b), or 301(c) involving the
misbranding of food within the meaning of section 403(z) or
403(aa); or
``(2) the Secretary where there is alleged a failure of the
Secretary to perform any act or duty under section 403(z) or
403(aa) that is not discretionary.
``(b) Relief.--In a civil action under subsection (a), the
district court involved may, as the case may be--
``(1) enforce the compliance of a person with the
applicable provisions referred to paragraph (1) of such
subsection; or
``(2) order the Secretary to perform an act or duty
referred to in paragraph (2) of such subsection.
``(c) Limitations.--
``(1) Notice to secretary.--A civil action may not be
commenced under subsection (a)(1) prior to 60 days after the
plaintiff has provided to the Secretary notice of the
violation involved.
``(2) Relation to actions of secretary.--A civil action may
not be commenced under subsection (a)(2) if the Secretary has
commenced and is diligently prosecuting a civil or criminal
action in a district court of the United States to enforce
compliance with the applicable provisions referred to in
subsection (a)(1).
``(d) Right of Secretary to Intervene.--In any civil action
under subsection (a), the Secretary, if not a party, may
intervene as a matter of right.
``(e) Award of Costs; Filing of Bond.--In a civil action
under subsection (a), the district court involved may award
costs of litigation (including reasonable attorney and expert
witness fees) to any party whenever the court determines such
an award is appropriate. The court may, if a temporary
restraining order or preliminary injunction is sought,
require the filing of a bond or equivalent security in
accordance with the Federal Rules of Civil Procedure.
``(f) Savings Provision.--This section does not restrict
any right that a person (or class of persons) may have under
any statute or common law to seek enforcement of the
provisions referred to subsection (a)(1), or to seek any
other relief (including relief against the Secretary).''.
(b) Amendments to the Federal Meat Inspection Act.--
(1) Requirements for labeling regarding cloned meat food
products.--The Federal Meat Inspection Act is amended by
inserting after section 7 (21 U.S.C. 607) the following:

``SEC. 7A. REQUIREMENTS FOR LABELING REGARDING CLONED MEAT
FOOD PRODUCTS.

``(a) Definitions.--In this section:
``(1) Cloned animal.--The term `cloned animal' means--
``(A) an animal produced as the result of somatic cell
nuclear transfer; and
``(B) the progeny of such an animal.
``(2) Cloned product.--The term `cloned product' means a
product or byproduct derived from or containing any part of a
cloned animal.
``(3) Cloned meat food product.--The term `cloned meat food
product' means a meat food product that contains a cloned
product.
``(b) Labeling Requirement.--
``(1) Required labeling to avoid misbranding.--
``(A) Involvement of cloned meat food product.--For
purposes of sections 1(n) and 10, a meat food product is
misbranded if the meat food product--
``(i) is a cloned meat food product; and
``(ii) does not bear a label (or include labeling, in the
case of a meat food product that is not packaged in a
container) that provides, in a clearly legible and
conspicuous manner, the notice described in subsection (c).
``(B) No involvement of cloned meat food product.--
``(i) In general.--For purposes of sections 1(n) and 10, a
meat food product is misbranded if the meat food product
bears a label indicating that the meat food product is not a
cloned meat food product, unless the label is in accordance
with regulations promulgated by the Secretary.
``(ii) Requirements.--In promulgating regulations referred
to in clause (i), the Secretary may not--

``(I) require a label to include any statement indicating
that the fact that a meat food product is not a cloned meat
food product has no bearing on the safety of the food for
human consumption; or
``(II) prohibit a label on the basis that, in the case of
the type of meat food product involved, there is no version
of the meat food product in commercial distribution that is
not a cloned meat food product.

``(2) Audit verification system.--
``(A) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall require that
any person that manufactures, produces, distributes, stores,
or handles a meat food product maintain a verifiable
recordkeeping audit trail that will permit the Secretary to
verify compliance with the labeling requirements described in
paragraph (1).
``(B) Publication.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall publish in the
Federal Register the procedures established by the
Secretaries to verify compliance with the recordkeeping audit
trail system required under subparagraph (A).
``(C) Report.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall, on annual
basis, submit to Congress a report that describes the
progress and activities of the recordkeeping audit trail
system and compliance verification procedures required under
this paragraph.
``(c) Specifics of Label Notice.--
``(1) Required notice.--The notice referred to in
subsection (b)(1)(A)(ii) is the following: `THIS PRODUCT IS
FROM A CLONED ANIMAL OR ITS PROGENY'.
``(2) Size.--The notice required in paragraph (1) shall be
of the same size as if the notice provided nutrition
information that is required under section 403(q)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(1)).
``(d) Guaranty.--
``(1) In general.--Subject to subsection (b)(2) and
paragraph (2), a person engaged in the business of
manufacturing or processing meat food products, or selling or
serving meat food products at retail or through a food
service establishment (referred to in this subsection as the
`recipient') shall not be considered to have violated this
section with respect to the labeling of a meat food product
if the recipient establishes a guaranty or undertaking signed
by, and containing the name and address of, the person
residing in the United States from whom the recipient
received in good faith the meat food product or the animal
from which the meat food product was derived, or received in

[[Page S14012]]

good faith food intended to be fed to the animal, to the
effect that the meat food product, or the animal, or the meat
food product, respectively, does not contain a cloned product
or was not produced with a cloned product.
``(2) Audit verification system.--In the case of recipients
who establish guaranties or undertakings in accordance with
paragraph (1), the Secretary may exempt the recipients from
the requirement under subsection (b)(2) regarding maintaining
a verifiable recordkeeping audit trail.
``(3) False guaranty.--It is a violation of this Act for a
person to give a guaranty or undertaking in accordance with
paragraph (1) that the person knows or has reason to know is
false.
``(e) Civil Penalties.--
``(1) In general.--The Secretary may assess a civil penalty
against a person that violates subsection (b) or (c) in an
amount not to exceed $100,000 for each violation.
``(2) Notice and opportunity for hearing.--
``(A) In general.--A civil penalty under paragraph (1)
shall be assessed by the Secretary by an order made on the
record after opportunity for a hearing provided in accordance
with this paragraph and section 554 of title 5, United States
Code.
``(B) Written notice.--Before issuing an order under
subparagraph (A), the Secretary shall--
``(i) give written notice to the person to be assessed a
civil penalty under the order of the proposal of the
Secretary to issue the order; and
``(ii) provide the person an opportunity for a hearing on
the order.
``(C) Authorizations.--In the course of any investigation,
the Secretary may issue subpoenas requiring the attendance
and testimony of witnesses and the production of evidence
that relates to the matter under investigation.
``(3) Considerations regarding amount of penalty.--In
determining the amount of a civil penalty under paragraph
(1), the Secretary shall consider--
``(A) the nature, circumstances, extent, and gravity of the
1 or more violations; and
``(B) with respect to the violator--
``(i) ability to pay;
``(ii) effect on ability to continue to do business;
``(iii) any history of prior violations;
``(iv) the degree of culpability; and
``(v) such other matters as justice may require.
``(4) Certain authorities.--
``(A) In general.--The Secretary may compromise, modify, or
remit, with or without conditions, any civil penalty under
paragraph (1).
``(B) Deduction from sums owed.--The amount of a civil
penalty under this subsection, when finally determined, or
the amount agreed upon in compromise, may be deducted from
any sums owing by the United States to the person charged.
``(5) Judicial review.--
``(A) In general.--Any person who requested, in accordance
with paragraph (2), a hearing respecting the assessment of a
civil penalty under paragraph (1) and who is aggrieved by an
order assessing a civil penalty may file a petition for
judicial review of the order with--
``(i) the United States Court of Appeals for the District
of Columbia Circuit; or
``(ii) any other circuit in which the person resides or
transacts business.
``(B) Filing deadline.--A petition described in
subparagraph (A) may only be filed within the 60-day period
beginning on the date the order making the assessment was
issued.
``(6) Failure to pay.--
``(A) In general.--The Attorney General shall recover the
amount assessed under a civil penalty (plus interest at
prevailing rates from the date of the expiration of the 60-
day period referred to in paragraph (5)(B) or the date of the
final judgment, as appropriate) in an action brought in any
appropriate district court of the United States if a person
fails to pay the assessment--
``(i) after the order making the assessment becomes final,
if the person does not file a petition for judicial review of
the order in accordance with paragraph (5)(A); or
``(ii) after a court in an action brought under paragraph
(5) has entered a final judgment in favor of the Secretary;
``(B) Exemptions from review.--In an action described in
subparagraph (A), the validity, amount, and appropriateness
of the civil penalty shall not be subject to review.
``(f) Citizen Suits.--
``(1) In general.--Except as provided in paragraph (3), any
person may on his or her behalf commence a civil action in an
appropriate district court of the United States against--
``(A) a person who is alleged to have engaged in a
violation of subsection (b) or (c); or
``(B) the Secretary in a case in which there is alleged a
failure of the Secretary to perform any act or duty under
subsection (b) or (c) that is not discretionary.
``(2) Relief.--In a civil action under paragraph (1), the
district court involved may, as appropriate--
``(A) enforce the compliance of a person with the
applicable provisions referred to paragraph (1)(A); or
``(B) order the Secretary to perform an act or duty
referred to in paragraph (1)(B).
``(3) Limitations.--
``(A) Notice to secretary.--A civil action may not be
commenced under paragraph (1)(A) prior to 60 days after the
date on which the plaintiff provided to the Secretary notice
of the violation involved.
``(B) Relation to actions of secretary.--A civil action may
not be commenced under paragraph (1)(B) if the Secretary has
commenced and is diligently prosecuting a civil or criminal
action in a district court of the United States to enforce
compliance with the applicable provisions referred to in
paragraph (1)(A).
``(4) Right of secretary to intervene.--In any civil action
under paragraph (1), the Secretary, if not a party, may
intervene as a matter of right.
``(5) Award of costs; filing of bond.--
``(A) Award of costs.--In a civil action under paragraph
(1), the district court involved may award costs of
litigation (including reasonable attorney and expert witness
fees) to any party in any case in which the court determines
such an award is appropriate.
``(B) Filing of bond.--The court may, if a temporary
restraining order or preliminary injunction is sought,
require the filing of a bond or equivalent security in
accordance with the Federal Rules of Civil Procedure.
``(6) Savings provision.--This subsection does not restrict
any right that a person (or class of persons) may have under
any statute or common law--
``(A) to seek enforcement of the provisions referred to in
paragraph (1)(A); or
``(B) to seek any other relief (including relief against
the Secretary).''.
(2) Inclusion of labeling requirements in definition of
misbranded.--Section 1(n) of the Federal Meat Inspection Act
(21 U.S.C. 601(n)) is amended--
(A) by striking ``or'' at the end of paragraph (11);
(B) by striking the period at the end of paragraph (12) and
inserting ``; or''; and
(C) by adding at the end the following:
``(13) if it fails to bear a label or labeling as required
by section 7A.''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect upon the expiration of the
180-day period beginning on the date of enactment of this
Act.
______

SA 3526. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

Strike section 6023.
______

SA 3527. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

Strike section 6025 and insert the following:

SEC. 6025. HISTORIC BARN PRESERVATION.

Section 379A of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008o) is amended--
(1) in subsection (c)(4)--
(A) by striking ``There are'' and inserting the following:
``(A) In general.--There are''; and
(B) by adding at the end the following:
``(B) Limitation.--If, at any time during the 2-year period
preceding the date on which funds are made available to carry
out this section, Congress has provided supplemental
agricultural assistance to agricultural producers or the
President has declared an agricultural-related emergency--
``(i) none of the funds made available to carry out this
section shall be used for the program under this section; and
``(ii) the funds made available to carry out this section
shall be--

``(I) used to carry out programs that address the
agricultural emergencies identified by Congress or the
President; or
``(II) returned to the Treasury of the United States for
debt reduction to offset the costs of the emergency
agricultural spending.''; and

(2) by adding at the end the following:
``(d) Repeal.--If, during each of 5 consecutive fiscal
years, Congress has provided supplemental agricultural
assistance to agricultural producers or the President has
declared an agricultural-related emergency, this section is
repealed.''.
______

SA 3528. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

Strike section 7312 and insert the following:

[[Page S14013]]

SEC. 7312. NATIONAL ARBORETUM.

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

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

``(a) In General.--A Chinese Garden may be constructed at
the National Arboretum established under this Act with--
``(1) funds accepted under section 5; and
``(2) authorities provided to the Secretary of Agriculture
under section 6.
``(b) Limitation.--No Federal funds shall be used for the
construction and maintenance of the Chinese Garden authorized
under subsection (a).''.
______

SA 3529. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
countinuation of agricultural programs through fiscal year 2012, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XI, insert the following:

SEC. 11___. DEPARTMENT OF AGRICULTURE CONFERENCE
TRANSPARENCY.

(a) Reports on Conference Expenditures.--For fiscal year
2008 and each fiscal year thereafter, the Secretary shall
submit to the Inspector General of the Department of
Agriculture quarterly reports that describe the costs and
contracting procedures relating to each conference or meeting
held by the Department of Agriculture during the quarter
covered by the report for which the cost to the Federal
Government was more than $20,000.
(b) Requirements.--Each report submitted under subsection
(a) shall include, for each conference and meeting covered by
the report--
(1) a description of the number participants attending, and
the purpose of those participants for attending, the
conference or meeting;
(2) a detailed statement of the costs incurred by the
Federal Government relating to that conference or meeting,
including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of all related travel; and
(D) a discussion of the methodology used to determine which
costs relate to that conference or meeting; and
(3) a description of the contracting procedures relating to
that conference or meeting, including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
Department of Agriculture in evaluating potential contractors
for any conference or meeting.
(c) Travel Expenses.--
(1) Definition of conference.--In this subsection, the term
``conference'' means a meeting that--
(A) is held for consultation, education, awareness, or
discussion;
(B) includes participants who are not all employees of the
same agency;
(C) is not held entirely at an agency facility;
(D) involves costs associated with travel and lodging for
some participants; and
(E) is sponsored by 1 or more agencies, 1 or more
organizations that are not agencies, or a combination of
those agencies or organizations.
(2) Report.--Not later than September 30 of each fiscal
year, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate, and
post on the public website of the Department of Agriculture
in a searchable, electronic format, a report on each
conference for which the Department of Agriculture paid
travel expenses during the fiscal year covered by the report,
including--
(A) a description of--
(i) the itemized expenses paid by the Department of
Agriculture, including travel expenses and any other
expenditures to support the conference;
(ii) the primary sponsor of the conference; and
(iii) the location of the conference; and
(B) in the case of a conference for which the Department of
Agriculture was the primary sponsor, a statement that--
(i) justifies the location selected;
(ii) demonstrates the cost efficiency of the location;
(iii) specifies the date or dates of the conference;
(iv) includes a brief explanation of the ways in which the
conference advanced the mission of the Department of
Agriculture; and
(v) specifies the total number of individuals whose travel
or attendance at the conference was paid for, in whole or in
part, by the Department of Agriculture.
(d) Limitation on Funding for Conferences.--Notwithstanding
any other provision of this Act, not more than $15,000,000 of
amounts made available to the Secretary pursuant to this Act
and the amendments made by this Act shall be used for
expenses relating to conferences, including for conference
programs, conference travel costs, and related expenses.
______

SA 3530. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XI, insert the following:

SEC. ___. PAYMENTS TO DECEASED INDIVIDUALS AND ESTATES.

(a) In General.--Notwithstanding any other provision of
law, the Secretary shall not provide to any deceased
individual or estate of such an individual any agricultural
payment under this Act, or an Act amended by this Act, after
the date that is 1 program year (as determined by the
Secretary with respect to the applicable payment program)
after the date of death of the individual.
(b) Report.--As soon as practicable after the date of
enactment of this Act, 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, and post on the website of the
Department of Agriculture, a report that describes, for the
period covered by the report--
(1) the number and aggregate amount of agricultural
payments described in subsection (a) provided to deceased
individuals and estates of deceased individuals; and
(2) for each such payment, the length of time the estate of
the deceased individual that received the payment has been
open.
______

SA 3531. Mr. KOHL submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

In section 1608(d), strike paragraph (2) and insert the
following:
(2) Members.--As soon as practicable after the date on
which funds are first made available to carry out this
section--
(A) 2 members of the Commission shall be appointed by the
Chairman of the Committee on Agriculture of the House of
Representatives, in consultation with the ranking member of
that committee;
(B) 2 members of the Commission shall be appointed by the
Chairman of the Committee on Agriculture, Nutrition, and
Forestry of the Senate, in consultation with the ranking
member of that committee;
(C) 10 members of the Commission shall be appointed by the
Secretary;
(D) 2 members of the Commission shall be appointed by the
Chairman of the Subcommittee on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies of the House of Representatives, in consultation
with the ranking member of that subcommittee; and
(E) 2 members of the Commission shall be appointed by the
Chairman of the Subcommittee on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies of the Senate, in consultation with the ranking
member of that subcommittee.
______

SA 3532. Mr. KOHL submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

On page 1197, between lines 15 and 16, insert the
following:

SEC. 9004. SENSE OF CONGRESS RELATING TO FUNDING OF RURAL
ENERGY FOR AMERICA PROGRAM.

(a) Findings.--The Congress finds that--
(1) the amount of mandatory funding made available under
section 9007(j)(1) of the Farm Security and Rural Investment
Act of 2002 (as amended by section 9001) does not provide
additional discretionary funds under section 302(b) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(b)) for fiscal
years 2009 through 2012; and
(2) the amount authorized to be appropriated under section
9007(j)(2) of the Farm Security and Rural Investment Act of
2002 (as amended by section 9001) would require--
(A) additional discretionary funds under section 302(b) of
the Congressional Budget Act of 1974 (2 U.S.C. 633(b)); or
(B) substantial cuts to discretionary conservation, food
safety, nutrition, rural development, or agricultural
research initiatives in existence as of the date of enactment
of this Act.
(b) Sense of Congress.--It is the sense of Congress that
additional discretionary funds should be provided under
section 302(a) of the Congressional Budget Act of 1974 (2
U.S.C. 633(a)) to accomplish each objective of section 9007
of the Farm Security and Rural Investment Act of 2002 (as
amended by section 9001).

[[Page S14014]]

______

SA 3533. Mr. KOHL submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

On page 1197, between lines 15 and 16, insert the
following:

SEC. 9004. SENSE OF CONGRESS RELATING TO FUNDING OF REGIONAL
BIOMASS CROP EXPERIMENTS PROGRAM.

(a) Findings.--The Congress finds that--
(1) the amount of mandatory funding made available under
section 9010(e)(1) of the Farm Security and Rural Investment
Act of 2002 (as amended by section 9001) does not provide
additional discretionary funds under section 302(b) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(b)); and
(2) the amount authorized to be appropriated under section
9010(e)(2) of the Farm Security and Rural Investment Act of
2002 (as amended by section 9001) would require--
(A) additional discretionary funds under section 302(b) of
the Congressional Budget Act of 1974 (2 U.S.C. 633(b)); or
(B) substantial cuts to discretionary conservation, food
safety, nutrition, rural development, or agricultural
research initiatives in existence as of the date of enactment
of this Act.
(b) Sense of Congress.--It is the sense of Congress that
additional discretionary funds should be provided under
section 302(a) of the Congressional Budget Act of 1974 (2
U.S.C. 633(a)) to accomplish each objective of section 9010
of the Farm Security and Rural Investment Act of 2002 (as
amended by section 9001).
______

SA 3534. Mr. KOHL submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

On page 1197, between lines 15 and 16, insert the
following:

SEC. 9004. SENSE OF CONGRESS RELATING TO FUNDING OF SUN GRANT
PROGRAM.

(a) Findings.--The Congress finds that--
(1) the amount of mandatory funding made available under
section 9009(j)(1) of the Farm Security and Rural Investment
Act of 2002 (as amended by section 9001) does not provide
additional discretionary funds under section 302(b) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(b)); and
(2) the amount authorized to be appropriated under section
9009(j)(2) of the Farm Security and Rural Investment Act of
2002 (as amended by section 9001) would require--
(A) additional discretionary funds under section 302(b) of
the Congressional Budget Act of 1974 (2 U.S.C. 633(b)); or
(B) substantial cuts to discretionary conservation, food
safety, nutrition, rural development, or agricultural
research initiatives in existence as of the date of enactment
of this Act.
(b) Sense of Congress.--It is the sense of Congress that
additional discretionary funds should be provided under
section 302(a) of the Congressional Budget Act of 1974 (2
U.S.C. 633(a)) to accomplish each objective of section 9009
of the Farm Security and Rural Investment Act of 2002 (as
amended by section 9001).
______

SA 3535. Mr. KOHL submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

On page 1197, between lines 15 and 16, insert the
following:

SEC. 9004. SENSE OF CONGRESS RELATING TO FUNDING OF BIOMASS
RESEARCH AND DEVELOPMENT ACT OF 2000.

(a) Findings.--The Congress finds that--
(1) the amount of mandatory funding made available under
section 9008(h)(1) of the Farm Security and Rural Investment
Act of 2002 (as amended by section 9001) does not provide
additional discretionary funds under section 302(b) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(b)); and
(2) the amount authorized to be appropriated under section
9008(h)(2) of the Farm Security and Rural Investment Act of
2002 (as amended by section 9001) would require--
(A) additional discretionary funds under section 302(b) of
the Congressional Budget Act of 1974 (2 U.S.C. 633(b)); or
(B) substantial cuts to discretionary conservation, food
safety, nutrition, rural development, or agricultural
research initiatives in existence as of the date of enactment
of this Act.
(b) Sense of Congress.--It is the sense of Congress that
additional discretionary funds should be provided under
section 302(a) of the Congressional Budget Act of 1974 (2
U.S.C. 633(a)) to accomplish each objective of section 9008
of the Farm Security and Rural Investment Act of 2002 (as
amended by section 9001).
______

SA 3536. Mr. KOHL submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 6404. SENSE OF CONGRESS RELATING TO FUNDING OF RURAL
COLLABORATIVE INVESTMENT PROGRAM.

(a) Findings.--The Congress finds that--
(1) the amount of mandatory funding made available under
section 385H(a) of the Consolidated Farm and Rural
Development Act (as amended by section 6032) does not provide
additional discretionary funds under section 302(b) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(b)); and
(2) the amount authorized to be appropriated under section
385H(c) of the Consolidated Farm and Rural Development Act
(as amended by section 6032) would require--
(A) additional discretionary funds under section 302(b) of
the Congressional Budget Act of 1974 (2 U.S.C. 633(b)); or
(B) substantial cuts to discretionary conservation, food
safety, nutrition, rural development, or agricultural
research initiatives in existence as of the date of enactment
of this Act.
(b) Sense of Congress.--It is the sense of Congress that
additional discretionary funds should be provided under
section 302(a) of the Congressional Budget Act of 1974 (2
U.S.C. 633(a)) to accomplish each objective of subtitle I of
the Consolidated Farm and Rural Development Act (as amended
by section 6032).
______

SA 3537. Mr. KOHL submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 6404. SENSE OF CONGRESS RELATING TO FUNDING OF RURAL
MICROENTERPRISE ASSISTANCE PROGRAM.

(a) Findings.--The Congress finds that--
(1) the amount of mandatory funding made available under
section 366(d)(1) of the Consolidated Farm and Rural
Development Act (as added by section 6022) does not provide
additional discretionary funds under section 302(b) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(b)) for fiscal
years 2009 through 2012; and
(2) the amount authorized to be appropriated under section
366(d)(2) of the Consolidated Farm and Rural Development Act
(as added by section 6022) would require--
(A) additional discretionary funds under section 302(b) of
the Congressional Budget Act of 1974 (2 U.S.C. 633(b)); or
(B) substantial cuts to discretionary conservation, food
safety, nutrition, rural development, or agricultural
research initiatives in existence as of the date of enactment
of this Act.
(b) Sense of Congress.--It is the sense of Congress that
additional discretionary funds should be provided under
section 302(a) of the Congressional Budget Act of 1974 (2
U.S.C. 633(a)) to accomplish each objective of section 366 of
the Consolidated Farm and Rural Development Act (as added by
section 6022).
______

SA 3538. Mr. AKAKA (for himself, Mr. Kerry, Mr. Stevens, Mr.
Feingold, Mr. Wyden, and Mr. Lautenberg) submitted an amendment
intended to be proposed by him to the bill H.R. 2419, to provide for
the continuation of agricultural programs through fiscal year 2012, and
for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 11072. PROTECTION OF PETS.

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

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

``(a) Definition of Person.--In this section, the term
`person' means any individual, partnership, firm, joint stock
company, corporation, association, trust, estate, pound,
shelter, or other legal entity.
``(b) Use of Dogs and Cats.--No research facility or
Federal research facility may use a dog or cat for research
or educational purposes if the dog or cat was obtained from a
person other than a person described in subsection (d).
``(c) Selling, Donating, or Offering Dogs and Cats.--No
person, other than a person described in subsection (d), may
sell, donate, or offer a dog or cat to any research facility
or Federal research facility.
``(d) Permissible Sources.--A person from whom a research
facility or a Federal research facility may obtain a dog or
cat for

[[Page S14015]]

research or educational purposes under subsection (b), and a
person who may sell, donate, or offer a dog or cat to a
research facility or a Federal research facility under
subsection (c), shall be--
``(1) a dealer licensed under section 3 that has bred and
raised the dog or cat;
``(2) a publicly owned and operated pound or shelter that--
``(A) is registered with the Secretary;
``(B) is in compliance with section 28(a)(1) and with the
requirements for dealers in subsections (b) and (c) of
section 28; and
``(C) obtained the dog or cat from its legal owner, other
than a pound or shelter;
``(3) a person that is donating the dog or cat and that--
``(A) bred and raised the dog or cat; or
``(B) owned the dog or cat for not less than 1 year
immediately preceding the donation;
``(4) a research facility licensed by the Secretary; and
``(5) a Federal research facility licensed by the
Secretary.
``(e) Penalties.--
``(1) In general.--A person that violates this section
shall be fined $1,000 for each violation.
``(2) Additional penalty.--A penalty under this subsection
shall be in addition to any other applicable penalty.
``(f) No Required Sale or Donation.--Nothing in this
section requires a pound or shelter to sell, donate, or offer
a dog or cat to a research facility or Federal research
facility.''.
(c) Federal Research Facilities.--Section 8 of the Animal
Welfare Act (7 U.S.C. 2138) is amended--
(1) by striking ``sec. 8. No department'' and inserting the
following:

``SEC. 8. FEDERAL RESEARCH FACILITIES.

``Except as provided in section 7, no department'';
(2) by striking ``research or experimentation or''; and
(3) by striking ``such purposes'' and inserting ``that
purpose''.
(d) Certification.--Section 28(b)(1) of the Animal Welfare
Act (7 U.S.C. 2158(b)(1)) is amended by striking ``individual
or entity'' and inserting ``research facility or Federal
research facility''.
(e) Effective Date.--The amendments made by subsections
(b), (c), and (d) take effect on the date that is 90 days
after the date of enactment of this Act.
______

SA 3539. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

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

SEC. 1107_. TERMINATION OF AUTHORITY TO CONDUCT INSPECTIONS
AND ISSUE REGULATIONS.

(a) Termination of Authority.--The authority to conduct
inspections and issue regulations under the provisions of law
described in subsection (b) shall terminate on the date that
is 2 years after the date of enactment of this Act.
(b) Provisions of Law.--The provisions of law referred to
in subsection (a) are--
(1) the Poultry Products Inspection Act (21 U.S.C. 451 et
seq.);
(2) the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.);
(3) the Egg Products Inspection Act (21 U.S.C. 1031 et
seq.); and
(4) chapter IV of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 341 et seq.).
______

SA 3540. Mr. CASEY submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

On page 266, between lines 10 and 11, insert the following:

SEC. 19__. INSURANCE UNITS.

Section 508(c) of the Federal Crop Insurance Act (7 U.S.C.
1508(c)) is amended by adding at the end the following:
``(11) Insurance units.--In those areas in which optional
units are only available by farm serial number, the
Corporation shall allow separate optional units for each
tract on the farm within a single farm serial number basis,
as determined by the Secretary.''.
______

SA 3541. Mr. CRAIG (for himself, Mr. Allard, Mr. Brownback) submitted
an amendment intended to be proposed by him to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

On page 895, lines 12 and 13, strike ``subsection (e)'' and
insert ``subsection (g)''.
On page 895, strike lines 16 through 19 and insert the
following:
``(d) Initial Implementation.--To address the urgent
security concerns of the United States with respect to public
health, bioterrorism preparedness, and food supply security,
in implementing the first phase of the veterinary medicine
loan repayment program, the Secretary shall give priority to
large and mixed animal practitioner shortages in rural
communities.
``(e) Use of Funds.--None of the funds appropriated to the
Secretary under subsection (g) may be used to carry out
section 5379 of title 5, United States Code.
``(f) Regulations.--Notwithstanding subchapter II of
chapter 5 of title 5, United States Code, not later than 270
days after the date of enactment of this subsection, the
Secretary shall promulgate regulations to carry out this
section.''.
______

SA 3542. Mr. DOMENICI (for himself and Mr. Thune, Mr. Nelson of
Nebraska, Mr. Johnson, Mr. Grassley, Mr. Craig, Mr. Salazar, and Mr.
Coleman) submitted an amendment intended to be proposed by him to the
bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title IX, add the following:

Subtitle B--Biofuels for Energy Security and Transportation

SEC. 9101. SHORT TITLE.

This subtitle may be cited as the ``Biofuels for Energy
Security and Transportation Act of 2007''.

SEC. 9102. DEFINITIONS.

In this subtitle:
(1) Advanced biofuel.--
(A) In general.--The term ``advanced biofuel'' means fuel
derived from renewable biomass other than corn starch.
(B) Inclusions.--The term ``advanced biofuel'' includes--
(i) ethanol derived from cellulose, hemicellulose, or
lignin;
(ii) ethanol derived from sugar or starch, other than
ethanol derived from corn starch;
(iii) ethanol derived from waste material, including crop
residue, other vegetative waste material, animal waste, and
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.
(2) Cellulosic biomass ethanol.--The term ``cellulosic
biomass ethanol'' means ethanol derived from any cellulose,
hemicellulose, or lignin that is derived from renewable
biomass.
(3) Conventional biofuel.--The term ``conventional
biofuel'' means ethanol derived from corn starch.
(4) Renewable biomass.--The term ``renewable biomass''
means--
(A) nonmerchantable materials or precommercial thinnings
that--
(i) are byproducts of preventive treatments, such as trees,
wood, brush, thinnings, chips, and slash, that are removed--

(I) to reduce hazardous fuels;
(II) to reduce or contain disease or insect infestation; or
(III) to restore forest health;

(ii) would not otherwise be used for higher-value products;
and
(iii) are harvested from National Forest System land or
public land (as defined in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702))--

(I) where permitted by law; and
(II) in accordance with--

(aa) applicable land management plans; and
(bb) the requirements for old-growth maintenance,
restoration, and management direction of paragraphs (2), (3),
and (4) of subsection (e) and the requirements for large-tree
retention of subsection (f) of section 102 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6512); or
(B) any organic matter that is available on a renewable or
recurring basis from non-Federal land or from land belonging
to an Indian tribe, or an Indian individual, 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.

(5) Renewable fuel.--
(A) In general.--The term ``renewable fuel'' means motor
vehicle fuel or home heating fuel that is--
(i) produced from renewable biomass; and
(ii) used to replace or reduce the quantity of fossil fuel
present in a fuel or fuel mixture used to operate a motor
vehicle or furnace.
(B) Inclusion.--The term ``renewable fuel'' includes--
(i) conventional biofuel; and
(ii) advanced biofuel.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy
(7) Small refinery.--The term ``small refinery'' means a
refinery for which the average aggregate daily crude oil
throughput for a calendar year (as determined by dividing the
aggregate throughput for the calendar

[[Page S14016]]

year by the number of days in the calendar year) does not
exceed 75,000 barrels.

PART I--RENEWABLE FUEL STANDARD

SEC. 9111. RENEWABLE FUEL STANDARD.

(a) Renewable Fuel Program.--
(1) Regulations.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the President shall promulgate
regulations to ensure that motor vehicle fuel and home
heating oil sold or introduced into commerce in the United
States (except in noncontiguous States or territories), on an
annual average basis, contains the applicable volume of
renewable fuel determined in accordance with paragraph (2).
(B) Provisions of regulations.--Regardless of the date of
promulgation, the regulations promulgated under subparagraph
(A)--
(i) shall contain compliance provisions applicable to
refineries, blenders, distributors, and importers, as
appropriate, to ensure that--

(I) the requirements of this subsection are met; and
(II) renewable fuels produced from facilities that commence
operations after the date of enactment of this Act achieve at
least a 20 percent reduction in life cycle greenhouse gas
emissions compared to gasoline; but

(ii) shall not--

(I) restrict geographic areas in the contiguous United
States in which renewable fuel may be used; or
(II) impose any per-gallon obligation for the use of
renewable fuel.

(C) Relationship to other regulations.--Regulations
promulgated under this paragraph shall, to the maximum extent
practicable, incorporate the program structure, compliance,
and reporting requirements established under the final
regulations promulgated to implement the renewable fuel
program established by the amendment made by section
1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 1067).
(2) Applicable volume.--
(A) Calendar years 2008 through 2022.--
(i) Renewable fuel.--For the purpose of paragraph (1),
subject to clause (ii), the applicable volume for any of
calendar years 2008 through 2022 shall be determined in
accordance with the following table:

Applicable volume of renewable fuel
Calendar year:                                (in billions of gallons):
2008.........................................................8.5 ....

2009........................................................10.5 ....

2010........................................................12.0 ....

2011........................................................12.6 ....

2012........................................................13.2 ....

2013........................................................13.8 ....

2014........................................................14.4 ....

2015........................................................15.0 ....

2016........................................................18.0 ....

2017........................................................21.0 ....

2018........................................................24.0 ....

2019........................................................27.0 ....

2020........................................................30.0 ....

2021........................................................33.0 ....

2022........................................................36.0.....

(ii) Advanced biofuels.--For the purpose of paragraph (1),
of the volume of renewable fuel required under clause (i),
the applicable volume for any of calendar years 2016 through
2022 for advanced biofuels shall be determined in accordance
with the following table:

Applicable volume of advanced biofuels
Calendar year:                                (in billions of gallons):
2016.........................................................3.0 ....

2017.........................................................6.0 ....

2018.........................................................9.0 ....

2019........................................................12.0 ....

2020........................................................15.0 ....

2021........................................................18.0 ....

2022........................................................21.0.....

(B) Calendar year 2023 and thereafter.--Subject to
subparagraph (C), for the purposes of paragraph (1), the
applicable volume for calendar year 2023 and each calendar
year thereafter shall be determined by the President, in
coordination with the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency, based on a review of the implementation of
the program during calendar years 2007 through 2022,
including a review of--
(i) the impact of renewable fuels on the energy security of
the United States;
(ii) the expected annual rate of future production of
renewable fuels, including advanced biofuels;
(iii) the impact of renewable fuels on the infrastructure
of the United States, including deliverability of materials,
goods, and products other than renewable fuel, and the
sufficiency of infrastructure to deliver renewable fuel; and
(iv) the impact of the use of renewable fuels on other
factors, including job creation, the price and supply of
agricultural commodities, rural economic development, and the
environment.
(C) Minimum applicable volume.--Subject to subparagraph
(D), for the purpose of paragraph (1), the applicable volume
for calendar year 2023 and each calendar year thereafter
shall be equal to the product obtained by multiplying--
(i) the number of gallons of gasoline that the President
estimates will be sold or introduced into commerce in the
calendar year; and
(ii) the ratio that--

(I) 36,000,000,000 gallons of renewable fuel; bears to
(II) the number of gallons of gasoline sold or introduced
into commerce in calendar year 2022.

(D) Minimum percentage of advanced biofuel.--For the
purpose of paragraph (1) and subparagraph (C), at least 60
percent of the minimum applicable volume for calendar year
2023 and each calendar year thereafter shall be advanced
biofuel.
(b) Applicable Percentages.--
(1) Provision of estimate of volumes of gasoline sales.--
Not later than October 31 of each of calendar years 2008
through 2021, the Administrator of the Energy Information
Administration shall provide to the President an estimate,
with respect to the following calendar year, of the volumes
of gasoline projected to be sold or introduced into commerce
in the United States.
(2) Determination of applicable percentages.--
(A) In general.--Not later than November 30 of each of
calendar years 2008 through 2022, based on the estimate
provided under paragraph (1), the President shall determine
and publish in the Federal Register, with respect to the
following calendar year, the renewable fuel obligation that
ensures that the requirements of subsection (a) are met.
(B) Required elements.--The renewable fuel obligation
determined for a calendar year under subparagraph (A) shall--
(i) be applicable to refineries, blenders, and importers,
as appropriate;
(ii) be expressed in terms of a volume percentage of
gasoline sold or introduced into commerce in the United
States; and
(iii) subject to paragraph (3)(A), consist of a single
applicable percentage that applies to all categories of
persons specified in clause (i).
(3) Adjustments.--In determining the applicable percentage
for a calendar year, the President shall make adjustments--
(A) to prevent the imposition of redundant obligations on
any person specified in paragraph (2)(B)(i); and
(B) to account for the use of renewable fuel during the
previous calendar year by small refineries that are exempt
under subsection (g).
(c) Volume Conversion Factors for Renewable Fuels Based on
Energy Content or Requirements.--
(1) In general.--For the purpose of subsection (a), the
President shall assign values to specific types of advanced
biofuels for the purpose of satisfying the fuel volume
requirements of subsection (a)(2) in accordance with this
subsection.
(2) Energy content relative to ethanol.--For advanced
biofuel, 1 gallon of the advanced biofuel shall be considered
to be the equivalent of 1 gallon of renewable fuel multiplied
by the ratio that--
(A) the number of British thermal units of energy produced
by the combustion of 1 gallon of the advanced biofuel (as
measured under conditions determined by the Secretary); bears
to
(B) the number of British thermal units of energy produced
by the combustion of 1 gallon of pure ethanol (as measured
under conditions determined by the Secretary to be comparable
to conditions described in subparagraph (A)).
(3) Transitional energy-related conversion factors for
cellulosic biomass ethanol.--For any of calendar years 2008
through 2015, 1 gallon of cellulosic biomass ethanol shall be
considered to be the equivalent of 2.5 gallons of renewable
fuel.
(d) Credit Program.--
(1) In general.--The President, in consultation with the
Secretary and the Administrator of the Environmental
Protection Agency, shall implement a credit program to manage
the renewable fuel requirement of this section in a manner
consistent with the credit program established by the
amendment made by section 1501(a)(2) of the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 1067).
(2) Market transparency.--In carrying out the credit
program under this subsection, the President shall facilitate
price transparency in markets for the sale and trade of
credits, with due regard for the public interest, the
integrity of those markets, fair competition, and the
protection of consumers and agricultural producers.
(e) Seasonal Variations in Renewable Fuel Use.--
(1) Study.--For each of calendar years 2008 through 2022,
the Administrator of the Energy Information Administration
shall conduct a study of renewable fuel blending to determine
whether there are excessive seasonal variations in the use of
renewable fuel.
(2) Regulation of excessive seasonal variations.--If, for
any calendar year, the Administrator of the Energy
Information Administration, based on the study under
paragraph (1), makes the determinations specified in
paragraph (3), the President shall promulgate regulations to
ensure that 25 percent or more of the quantity of renewable
fuel necessary to meet the requirements of subsection (a) is
used during each of the 2 periods specified in paragraph (4)
of each subsequent calendar year.
(3) Determinations.--The determinations referred to in
paragraph (2) are that--
(A) less than 25 percent of the quantity of renewable fuel
necessary to meet the requirements of subsection (a) has been
used

[[Page S14017]]

during 1 of the 2 periods specified in paragraph (4) of the
calendar year;
(B) a pattern of excessive seasonal variation described in
subparagraph (A) will continue in subsequent calendar years;
and
(C) promulgating regulations or other requirements to
impose a 25 percent or more seasonal use of renewable fuels
will not significantly--
(i) increase the price of motor fuels to the consumer; or
(ii) prevent or interfere with the attainment of national
ambient air quality standards.
(4) Periods.--The 2 periods referred to in this subsection
are--
(A) April through September; and
(B) January through March and October through December.
(f) Waivers.--
(1) In general.--The President, in consultation with the
Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency, may
waive the requirements of subsection (a) in whole or in part
on petition by one or more States by reducing the national
quantity of renewable fuel required under subsection (a),
based on a determination by the President (after public
notice and opportunity for comment), that--
(A) implementation of the requirement would severely harm
the economy or environment of a State, a region, or the
United States; or
(B) extreme and unusual circumstances exist that prevent
distribution of an adequate supply of domestically-produced
renewable fuel to consumers in the United States.
(2) Petitions for waivers.--The President, in consultation
with the Secretary of Energy, the Secretary of Agriculture,
and the Administrator of the Environmental Protection Agency,
shall approve or disapprove a State petition for a waiver of
the requirements of subsection (a) within 30 days after the
date on which the petition is received by the President.
(3) Termination of waivers.--A waiver granted under
paragraph (1) shall terminate after 1 year, but may be
renewed by the President after consultation with the
Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency.
(g) Small Refineries.--
(1) Temporary exemption.--
(A) In general.--The requirements of subsection (a) shall
not apply to--
(i) small refineries (other than a small refinery described
in clause (ii)) until calendar year 2013; and
(ii) small refineries owned by a small business refiner (as
defined in section 45H(c) of the Internal Revenue Code of
1986) until calendar year 2015.
(B) Extension of exemption.--
(i) Study by secretary.--Not later than December 31, 2008,
the Secretary shall submit to the President and Congress a
report describing the results of a study to determine whether
compliance with the requirements of subsection (a) would
impose a disproportionate economic hardship on small
refineries.
(ii) Extension of exemption.--In the case of a small
refinery that the Secretary determines under clause (i) would
be subject to a disproportionate economic hardship if
required to comply with subsection (a), the President shall
extend the exemption under subparagraph (A) for the small
refinery for a period of not less than 2 additional years.
(2) Petitions based on disproportionate economic
hardship.--
(A) Extension of exemption.--A small refinery may at any
time petition the President for an extension of the exemption
under paragraph (1) for the reason of disproportionate
economic hardship.
(B) Evaluation of petitions.--In evaluating a petition
under subparagraph (A), the President, in consultation with
the Secretary, shall consider the findings of the study under
paragraph (1)(B) and other economic factors.
(C) Deadline for action on petitions.--The President shall
act on any petition submitted by a small refinery for a
hardship exemption not later than 90 days after the date of
receipt of the petition.
(3) Opt-in for small refineries.--A small refinery shall be
subject to the requirements of subsection (a) if the small
refinery notifies the President that the small refinery
waives the exemption under paragraph (1).
(h) Penalties and Enforcement.--
(1) Civil penalties.--
(A) In general.--Any person that violates a regulation
promulgated under subsection (a), or that fails to furnish
any information required under such a regulation, shall be
liable to the United States for a civil penalty of not more
than the total of--
(i) $25,000 for each day of the violation; and
(ii) the amount of economic benefit or savings received by
the person resulting from the violation, as determined by the
President.
(B) Collection.--Civil penalties under subparagraph (A)
shall be assessed by, and collected in a civil action brought
by, the Secretary or such other officer of the United States
as is designated by the President.
(2) Injunctive authority.--
(A) In general.--The district courts of the United States
shall have jurisdiction to--
(i) restrain a violation of a regulation promulgated under
subsection (a);
(ii) award other appropriate relief; and
(iii) compel the furnishing of information required under
the regulation.
(B) Actions.--An action to restrain such violations and
compel such actions shall be brought by and in the name of
the United States.
(C) Subpoenas.--In the action, a subpoena for a witness who
is required to attend a district court in any district may
apply in any other district.
(i) Voluntary Labeling Program.--
(1) In general.--The President shall establish criteria for
a system of voluntary labeling of renewable fuels based on
life cycle greenhouse gas emissions.
(2) Consumer education.--The President shall ensure that
the labeling system under this subsection provides useful
information to consumers making fuel purchases.
(3) Flexibility.--In carrying out this subsection, the
President may establish more than 1 label, as appropriate.
(j) Study of Impact of Renewable Fuel Standard.--
(1) In general.--The Secretary shall enter into an
arrangement with the National Academy of Sciences under which
the Academy shall conduct a study to assess the impact of the
requirements described in subsection (a)(2) on each industry
relating to the production of feed grains, livestock, food,
and energy.
(2) Participation.--In conducting the study under paragraph
(1), the National Academy of Sciences shall seek the
participation, and consider the input, of--
(A) producers of feed grains;
(B) producers of livestock, poultry, and pork products;
(C) producers of food and food products;
(D) producers of energy;
(E) individuals and entities interested in issues relating
to conservation, the environment, and nutrition; and
(F) users of renewable fuels.
(3) Considerations.--In conducting the study, the National
Academy of Sciences shall consider--
(A) the likely impact on domestic animal agriculture
feedstocks that, in any crop year, are significantly below
current projections; and
(B) policy options to alleviate the impact on domestic
animal agriculture feedstocks that are significantly below
current projections.
(4) Components.--The study shall include--
(A) a description of the conditions under which the
requirements described in subsection (a)(2) should be
suspended or reduced to prevent adverse impacts to domestic
animal agriculture feedstocks described in paragraph (3)(B);
and
(B) recommendations for the means by which the Federal
Government could prevent or minimize adverse economic
hardships and impacts.
(5) Deadline for completion of study.--Not later than 270
days after the date of enactment of this Act, the Secretary
shall submit to Congress a report that describes the results
of the study.
(6) Periodic reviews.--
(A) In general.--To allow for the appropriate adjustment of
the requirements described in subsection (a)(2), the
Secretary shall conduct periodic reviews of--
(i) existing technologies;
(ii) the feasibility of achieving compliance with the
requirements; and
(iii) the impacts of the requirements described in
subsection (a)(2) on each individual and entity described in
paragraph (2).
(k) Effective Date.--Except as otherwise specifically
provided in this section, this section takes effect on the
date on which the National Academies of Science completes the
study under subsection (j).

SEC. 9112. PRODUCTION OF RENEWABLE FUEL USING RENEWABLE
ENERGY.

(a) Definitions.--In this section:
(1) Facility.--The term ``facility'' means a facility used
for the production of renewable fuel.
(2) Renewable energy.--
(A) In general.--The term ``renewable energy'' has the
meaning given the term in section 203(b) of the Energy Policy
Act of 2005 (42 U.S.C. 15852(b)).
(B) Inclusion.--The term ``renewable energy'' includes
biogas produced through the conversion of organic matter from
renewable biomass.
(b) Additional Credit.--
(1) In general.--The President shall provide a credit under
the program established under section 9111(d) to the owner of
a facility that uses renewable energy to displace more than
90 percent of the fossil fuel normally used in the production
of renewable fuel.
(2) Credit amount.--The President may provide the credit in
a quantity that is not more than the equivalent of 1.5
gallons of renewable fuel for each gallon of renewable fuel
produced in a facility described in paragraph (1).

SEC. 9113. SENSE OF CONGRESS RELATING TO THE USE OF RENEWABLE
RESOURCES TO GENERATE ENERGY.

(a) Findings.--Congress finds that--
(1) the United States has a quantity of renewable energy
resources that is sufficient to supply a significant portion
of the energy needs of the United States;
(2) the agricultural, forestry, and working land of the
United States can help ensure a sustainable domestic energy
system;
(3) accelerated development and use of renewable energy
technologies provide numerous benefits to the United States,
including improved national security, improved balance of
payments, healthier rural economies,

[[Page S14018]]

improved environmental quality, and abundant, reliable, and
affordable energy for all citizens of the United States;
(4) the production of transportation fuels from renewable
energy would help the United States meet rapidly growing
domestic and global energy demands, reduce the dependence of
the United States on energy imported from volatile regions of
the world that are politically unstable, stabilize the cost
and availability of energy, and safeguard the economy and
security of the United States;
(5) increased energy production from domestic renewable
resources would attract substantial new investments in energy
infrastructure, create economic growth, develop new jobs for
the citizens of the United States, and increase the income
for farm, ranch, and forestry jobs in the rural regions of
the United States;
(6) increased use of renewable energy is practical and can
be cost effective with the implementation of supportive
policies and proper incentives to stimulate markets and
infrastructure; and
(7) public policies aimed at enhancing renewable energy
production and accelerating technological improvements will
further reduce energy costs over time and increase market
demand.
(b) Sense of Congress.--It is the sense of Congress that it
is the goal of the United States that, not later than January
1, 2025, the agricultural, forestry, and working land of the
United States should--
(1) provide from renewable resources not less than 25
percent of the total energy consumed in the United States;
and
(2) continue to produce safe, abundant, and affordable
food, feed, and fiber.

PART II--RENEWABLE FUELS INFRASTRUCTURE

SEC. 9121. INFRASTRUCTURE PILOT PROGRAM FOR RENEWABLE FUELS.

(a) In General.--The Secretary, in consultation with the
Secretary of Transportation and the Administrator of the
Environmental Protection Agency, shall establish a
competitive grant pilot program (referred to in this section
as the ``pilot program''), to be administered through the
Vehicle Technology Deployment Program of the Department of
Energy, to provide not more than 10 geographically-dispersed
project grants to State governments, Indian tribal
governments, local governments, metropolitan transportation
authorities, or partnerships of those entities to carry out 1
or more projects for the purposes described in subsection
(b).
(b) Grant Purposes.--A grant under this section shall be
used for the establishment of refueling infrastructure
corridors, as designated by the Secretary, for gasoline
blends that contain not less than 11 percent, and not more
than 85 percent, renewable fuel or diesel fuel that contains
at least 10 percent renewable fuel, including--
(1) installation of infrastructure and equipment necessary
to ensure adequate distribution of renewable fuels within the
corridor;
(2) installation of infrastructure and equipment necessary
to directly support vehicles powered by renewable fuels; and
(3) operation and maintenance of infrastructure and
equipment installed as part of a project funded by the grant.
(c) Applications.--
(1) Requirements.--
(A) In general.--Subject to subparagraph (B), not later
than 90 days after the date of enactment of this Act, the
Secretary shall issue requirements for use in applying for
grants under the pilot program.
(B) Minimum requirements.--At a minimum, the Secretary
shall require that an application for a grant under this
section--
(i) be submitted by--

(I) the head of a State, tribal, or local government or a
metropolitan transportation authority, or any combination of
those entities; and
(II) a registered participant in the Vehicle Technology
Deployment Program of the Department of Energy; and

(ii) include--

(I) a description of the project proposed in the
application, including the ways in which the project meets
the requirements of this section;
(II) an estimate of the degree of use of the project,
including the estimated size of fleet of vehicles operated
with renewable fuel available within the geographic region of
the corridor, measured as a total quantity and a percentage;
(III) an estimate of the potential petroleum displaced as a
result of the project (measured as a total quantity and a
percentage), and a plan to collect and disseminate petroleum
displacement and other relevant data relating to the project
to be funded under the grant, over the expected life of the
project;
(IV) a description of the means by which the project will
be sustainable without Federal assistance after the
completion of the term of the grant;
(V) a complete description of the costs of the project,
including acquisition, construction, operation, and
maintenance costs over the expected life of the project; and
(VI) a description of which costs of the project will be
supported by Federal assistance under this subsection.

(2) Partners.--An applicant under paragraph (1) may carry
out a project under the pilot program in partnership with
public and private entities.
(d) Selection Criteria.--In evaluating applications under
the pilot program, the Secretary shall--
(1) consider the experience of each applicant with
previous, similar projects; and
(2) give priority consideration to applications that--
(A) are most likely to maximize displacement of petroleum
consumption, measured as a total quantity and a percentage;
(B) are best able to incorporate existing infrastructure
while maximizing, to the extent practicable, the use of
advanced biofuels;
(C) demonstrate the greatest commitment on the part of the
applicant to ensure funding for the proposed project and the
greatest likelihood that the project will be maintained or
expanded after Federal assistance under this subsection is
completed;
(D) represent a partnership of public and private entities;
and
(E) exceed the minimum requirements of subsection
(c)(1)(B).
(e) Pilot Project Requirements.--
(1) Maximum amount.--The Secretary shall provide not more
than $20,000,000 in Federal assistance under the pilot
program to any applicant.
(2) Cost sharing.--The non-Federal share of the cost of any
activity relating to renewable fuel infrastructure
development carried out using funds from a grant under this
section shall be not less than 20 percent.
(3) Maximum period of grants.--The Secretary shall not
provide funds to any applicant under the pilot program for
more than 2 years.
(4) Deployment and distribution.--The Secretary shall seek,
to the maximum extent practicable, to ensure a broad
geographic distribution of project sites funded by grants
under this section.
(5) Transfer of information and knowledge.--The Secretary
shall establish mechanisms to ensure that the information and
knowledge gained by participants in the pilot program are
transferred among the pilot program participants and to other
interested parties, including other applicants that submitted
applications.
(f) Schedule.--
(1) Initial grants.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register, Commerce Business Daily, and such other
publications as the Secretary considers to be appropriate, a
notice and request for applications to carry out projects
under the pilot program.
(B) Deadline.--An application described in subparagraph (A)
shall be submitted to the Secretary by not later than 180
days after the date of publication of the notice under that
subparagraph.
(C) Initial selection.--Not later than 90 days after the
date by which applications for grants are due under
subparagraph (B), the Secretary shall select by competitive,
peer-reviewed proposal up to 5 applications for projects to
be awarded a grant under the pilot program.
(2) Additional grants.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register, Commerce Business Daily, and such other
publications as the Secretary considers to be appropriate, a
notice and request for additional applications to carry out
projects under the pilot program that incorporate the
information and knowledge obtained through the implementation
of the first round of projects authorized under the pilot
program.
(B) Deadline.--An application described in subparagraph (A)
shall be submitted to the Secretary by not later than 180
days after the date of publication of the notice under that
subparagraph.
(C) Initial selection.--Not later than 90 days after the
date by which applications for grants are due under
subparagraph (B), the Secretary shall select by competitive,
peer-reviewed proposal such additional applications for
projects to be awarded a grant under the pilot program as the
Secretary determines to be appropriate.
(g) Reports to Congress.--
(1) Initial report.--Not later than 60 days after the date
on which grants are awarded under this section, the Secretary
shall submit to Congress a report containing--
(A) an identification of the grant recipients and a
description of the projects to be funded under the pilot
program;
(B) an identification of other applicants that submitted
applications for the pilot program but to which funding was
not provided; and
(C) a description of the mechanisms used by the Secretary
to ensure that the information and knowledge gained by
participants in the pilot program are transferred among the
pilot program participants and to other interested parties,
including other applicants that submitted applications.
(2) Evaluation.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter until the
termination of the pilot program, the Secretary shall submit
to Congress a report containing an evaluation of the
effectiveness of the pilot program, including an assessment
of the petroleum displacement and benefits to the environment
derived from the projects included in the pilot program.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$200,000,000, to remain available until expended.

[[Page S14019]]

SEC. 9122. BIOENERGY RESEARCH AND DEVELOPMENT.

Section 931(c) of the Energy Policy Act of 2005 (42 U.S.C.
16231(c)) is amended--
(1) in paragraph (2), by striking ``$251,000,000'' and
inserting ``$377,000,000''; and
(2) in paragraph (3), by striking ``$274,000,000'' and
inserting ``$398,000,000''.

SEC. 9123. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.

Section 977(a)(1) of the Energy Policy Act of 2005 (42
U.S.C. 16317(a)(1)) is amended by inserting before the period
at the end the following: ``, including the establishment of
at least 11 bioresearch centers of varying sizes, as
appropriate, that focus on biofuels, of which at least 2
centers shall be located in each of the 4 Petroleum
Administration for Defense Districts with no subdistricts and
1 center shall be located in each of the subdistricts of the
Petroleum Administration for Defense District with
subdistricts''.

SEC. 9124. LOAN GUARANTEES FOR RENEWABLE FUEL FACILITIES.

(a) In General.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended by adding at the end the
following:
``(f) Renewable Fuel Facilities.--
``(1) In general.--The Secretary may make guarantees under
this title for projects that produce advanced biofuel (as
defined in section 9102 of the Biofuels for Energy Security
and Transportation Act of 2007).
``(2) Requirements.--A project under this subsection shall
employ new or significantly improved technologies for the
production of renewable fuels as compared to commercial
technologies in service in the United States at the time that
the guarantee is issued.
``(3) Issuance of first loan guarantees.--The requirement
of section 20320(b) of division B of the Continuing
Appropriations Resolution, 2007 (Public Law 109-289, Public
Law 110-5), relating to the issuance of final regulations,
shall not apply to the first 6 guarantees issued under this
subsection.
``(4) Project design.--A project for which a guarantee is
made under this subsection shall have a project design that
has been validated through the operation of a continuous
process pilot facility with an annual output of at least
50,000 gallons of ethanol or the energy equivalent volume of
other advanced biofuels.
``(5) Maximum guaranteed principal.--The total principal
amount of a loan guaranteed under this subsection may not
exceed $250,000,000 for a single facility.
``(6) Amount of guarantee.--The Secretary shall guarantee
100 percent of the principal and interest due on 1 or more
loans made for a facility that is the subject of the
guarantee under paragraph (3).
``(7) Deadline.--The Secretary shall approve or disapprove
an application for a guarantee under this subsection not
later than 90 days after the date of receipt of the
application.
``(8) Report.--Not later than 30 days after approving or
disapproving an application under paragraph (7), the
Secretary shall submit to Congress a report on the approval
or disapproval (including the reasons for the action).''.
(b) Improvements to Underlying Loan Guarantee Authority.--
(1) Definition of commercial technology.--Section 1701(1)
of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is
amended by striking subparagraph (B) and inserting the
following:
``(B) Exclusion.--The term `commercial technology' does not
include a technology if the sole use of the technology is in
connection with--
``(i) a demonstration plant; or
``(ii) a project for which the Secretary approved a loan
guarantee.''.
(2) Specific appropriation or contribution.--Section 1702
of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended
by striking subsection (b) and inserting the following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made unless--
``(A) an appropriation for the cost has been made; or
``(B) the Secretary has received from the borrower a
payment in full for the cost of the obligation and deposited
the payment into the Treasury.
``(2) Limitation.--The source of payments received from a
borrower under paragraph (1)(B) shall not be a loan or other
debt obligation that is made or guaranteed by the Federal
Government.
``(3) Relation to other laws.--Section 504(b) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall
not apply to a loan or loan guarantee made in accordance with
paragraph (1)(B).''.
(3) Amount.--Section 1702 of the Energy Policy Act of 2005
(42 U.S.C. 16512) is amended by striking subsection (c) and
inserting the following:
``(c) Amount.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall guarantee up to 100 percent of the principal and
interest due on 1 or more loans for a facility that are the
subject of the guarantee.
``(2) Limitation.--The total amount of loans guaranteed for
a facility by the Secretary shall not exceed 80 percent of
the total cost of the facility, as estimated at the time at
which the guarantee is issued.''.
(4) Subrogation.--Section 1702(g)(2) of the Energy Policy
Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B).
(5) Fees.--Section 1702(h) of the Energy Policy Act of 2005
(42 U.S.C. 16512(h)) is amended by striking paragraph (2) and
inserting the following:
``(2) Availability.--Fees collected under this subsection
shall--
``(A) be deposited by the Secretary into a special fund in
the Treasury to be known as the `Incentives For Innovative
Technologies Fund'; and
``(B) remain available to the Secretary for expenditure,
without further appropriation or fiscal year limitation, for
administrative expenses incurred in carrying out this
title.''.

SEC. 9125. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND
DEVELOPMENT IN CERTAIN STATES.

(a) In General.--The Secretary shall provide grants to
eligible entities to conduct research into, and develop and
implement, renewable fuel production technologies in States
with low rates of ethanol production, including low rates of
production of cellulosic biomass ethanol, as determined by
the Secretary.
(b) Eligibility.--To be eligible to receive a grant under
the section, an entity shall--
(1)(A) be an institution of higher education (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801))
located in a State described in subsection (a);
(B) be an institution--
(i) referred to in section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (Public Law 103-382; 7 U.S.C.
301 note);
(ii) that is eligible for a grant under the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801 et seq.), including Dine College; or
(iii) that is eligible for a grant under the Navajo
Community College Act (25 U.S.C. 640a et seq.); or
(C) be a consortium of such institutions of higher
education, industry, State agencies, Indian tribal agencies,
or local government agencies located in the State; and
(2) have proven experience and capabilities with relevant
technologies.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2008 through 2010.

SEC. 9126. GRANTS FOR INFRASTRUCTURE FOR TRANSPORTATION OF
BIOMASS TO LOCAL BIOREFINERIES.

(a) In General.--The Secretary shall conduct a program
under which the Secretary shall provide grants to Indian
tribal and local governments and other eligible entities (as
determined by the Secretary) (referred to in this section as
``eligible entities'') to promote the development of
infrastructure to support the separation, production,
processing, and transportation of biomass to local
biorefineries, including by portable processing equipment.
(b) Phases.--The Secretary shall conduct the program in the
following phases:
(1) Development.--In the first phase of the program, the
Secretary shall make grants to eligible entities to assist
the eligible entities in the development of local projects to
promote the development of infrastructure to support the
separation, production, processing, and transportation of
biomass to local biorefineries, including by portable
processing equipment.
(2) Implementation.--In the second phase of the program,
the Secretary shall make competitive grants to eligible
entities to implement projects developed under paragraph (1).
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 9127. BIOREFINERY INFORMATION CENTER.

(a) In General.--The Secretary, in cooperation with the
Secretary of Agriculture, shall establish a biorefinery
information center to make available to interested parties
information on--
(1) renewable fuel resources, including information on
programs and incentives for renewable fuels;
(2) renewable fuel producers;
(3) renewable fuel users; and
(4) potential renewable fuel users.
(b) Administration.--In administering the biorefinery
information center, the Secretary shall--
(1) continually update information provided by the center;
(2) make information available to interested parties on the
process for establishing a biorefinery; and
(3) make information and assistance provided by the center
available through a toll-free telephone number and website.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 9128. ALTERNATIVE FUEL DATABASE AND MATERIALS.

The Secretary and the Director of the National Institute of
Standards and Technology shall jointly establish and make
available to the public--
(1) a database that describes the physical properties of
different types of alternative fuel; and
(2) standard reference materials for different types of
alternative fuel.

SEC. 9129. FUEL TANK CAP LABELING REQUIREMENT.

Section 406(a) of the Energy Policy Act of 1992 (42 U.S.C.
13232(a)) is amended--

[[Page S14020]]

(1) by striking ``The Federal Trade Commission'' and
inserting the following:
``(1) In general.--The Federal Trade Commission''; and
(2) by adding at the end the following:
``(2) Fuel tank cap labeling requirement.--Beginning with
model year 2010, the fuel tank cap of each alternative fueled
vehicle manufactured for sale in the United States shall be
clearly labeled to inform consumers that such vehicle can
operate on alternative fuel.''.

SEC. 9130. BIODIESEL.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on any research and development challenges inherent
in increasing to 5 percent the proportion of diesel fuel sold
in the United States that is biodiesel (as defined in section
757 of the Energy Policy Act of 2005 (42 U.S.C. 16105)).
(b) Regulations.--The President shall promulgate
regulations providing for the uniform labeling of biodiesel
blends that are certified to meet applicable standards
published by the American Society for Testing and Materials.
(c) National Biodiesel Fuel Quality Standard.--
(1) Quality regulations.--Not later than 180 days after the
date of enactment of this Act, the President shall promulgate
regulations to ensure that each diesel-equivalent fuel
derived from renewable biomass and introduced into interstate
commerce is tested and certified to comply with applicable
standards of the American Society for Testing and Materials.
(2) Enforcement.--The President shall ensure that all
biodiesel entering interstate commerce meets the requirements
of paragraph (1).
(3) Funding.--There are authorized to be appropriated to
the President to carry out this section:
(A) $3,000,000 for fiscal year 2008.
(B) $3,000,000 for fiscal year 2009.
(C) $3,000,000 for fiscal year 2010.

SEC. 9131. TRANSITIONAL ASSISTANCE FOR FARMERS WHO PLANT
DEDICATED ENERGY CROPS FOR A LOCAL CELLULOSIC
REFINERY.

(a) Definitions.--In this section:
(1) Cellulosic crop.--The term ``cellulosic crop'' means a
tree or grass that is grown specifically--
(A) to provide raw materials (including feedstocks) for
conversion to liquid transportation fuels or chemicals
through biochemical or thermochemical processes; or
(B) for energy generation through combustion, pyrolysis, or
cofiring.
(2) Cellulosic refiner.--The term ``cellulosic refiner''
means the owner or operator of a cellulosic refinery.
(3) Cellulosic refinery.--The term ``cellulosic refinery''
means a refinery that processes a cellulosic crop.
(4) Qualified cellulosic crop.--The term ``qualified
cellulosic crop'' means, with respect to an agricultural
producer, a cellulosic crop that is--
(A) the subject of a contract or memorandum of
understanding between the producer and a cellulosic refiner,
under which the producer is obligated to sell the crop to the
cellulosic refiner by a certain date; and
(B) produced not more than 70 miles from a cellulosic
refinery owned or operated by the cellulosic refiner.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Transitional Assistance Payments.--The Secretary shall
make transitional assistance payments to an agricultural
producer during the first year in which the producer devotes
land to the production of a qualified cellulosic crop.
(c) Amount of Payment.--
(1) Determined by formula.--Subject to paragraph (2), the
Secretary shall devise a formula to be used to calculate the
amount of a payment to be made to an agricultural producer
under this section, based on the opportunity cost (as
determined in accordance with such standard as the Secretary
may establish, taking into consideration land rental rates
and other applicable costs) incurred by the producer during
the first year in which the producer devotes land to the
production of the qualified cellulosic crop.
(2) Limitation.--The total of the amount paid to a producer
under this section shall not exceed an amount equal to 25
percent of the amounts made available under subsection (e)
for the applicable fiscal year.
(d) Regulations.--The Secretary shall promulgate such
regulations as the Secretary determines to be necessary to
carry out this section.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $4,088,000 for
each of fiscal years 2008 through 2012, to remain available
until expended.

SEC. 9132. RESEARCH AND DEVELOPMENT IN SUPPORT OF LOW-CARBON
FUELS.

(a) Declaration of Policy.--Congress declares that, in
order to achieve maximum reductions in greenhouse gas
emissions, enhance national security, and ensure the
protection of wildlife habitat, biodiversity, water quality,
air quality, and rural and regional economies throughout the
lifecycle of each low-carbon fuel, it is necessary and
desirable to undertake a combination of basic and applied
research, as well as technology development and
demonstration, involving the colleges and universities of the
United States, in partnership with the Federal Government,
State governments, and the private sector.
(b) Purpose.--The purpose of this section is to provide for
research support to facilitate the development of sustainable
markets and technologies to produce and use woody biomass and
other low-carbon fuels for the production of thermal and
electric energy, biofuels, and bioproducts.
(c) Definition of Fuel Emission Baseline.--In this section,
the term ``fuel emission baseline'' means the average
lifecycle greenhouse gas emissions per unit of energy of the
fossil fuel component of conventional transportation fuels in
commerce in the United States in calendar year 2008, as
determined by the President.
(d) Grant Program.--The President shall establish a program
to provide to eligible entities (as identified by the
President) grants for use in--
(1) providing financial support for not more than 4 nor
less than 6 demonstration facilities that--
(A) use woody biomass to deploy advanced technologies for
production of thermal and electric energy, biofuels, and
bioproducts; and
(B) are targeted at regional feedstocks and markets;
(2) conducting targeted research for the development of
cellulosic ethanol and other liquid fuels from woody or other
biomass that may be used in transportation or stationary
applications, such as industrial processes or industrial,
commercial, and residential heating;
(3) conducting research into the best scientifically-based
and periodically-updated methods of assessing and certifying
the impacts of each low-carbon fuel with respect to--
(A) the reduction in lifecycle greenhouse gas emissions of
each fuel as compared to--
(i) the fuel emission baseline; and
(ii) the greenhouse gas emissions of other sectors, such as
the agricultural, industrial, and manufacturing sectors;
(B) the contribution of the fuel toward enhancing the
energy security of the United States by displacing imported
petroleum and petroleum products;
(C) any impacts of the fuel on wildlife habitat,
biodiversity, water quality, and air quality; and
(D) any effect of the fuel with respect to rural and
regional economies;
(4) conducting research to determine to what extent the use
of low-carbon fuels in the transportation sector would impact
greenhouse gas emissions in other sectors, such as the
agricultural, industrial, and manufacturing sectors;
(5) conducting research for the development of the supply
infrastructure that may provide renewable biomass feedstocks
in a consistent, predictable, and environmentally-sustainable
manner;
(6) conducting research for the development of supply
infrastructure that may provide renewable low-carbon fuels in
a consistent, predictable, and environmentally-sustainable
manner; and
(7) conducting policy research on the global movement of
low-carbon fuels in a consistent, predictable, and
environmentally-sustainable manner.
(e) Authorization of Appropriations.--Of the funding
authorized under section 9122, there are authorized to be
appropriated to carry out this section--
(1) $45,000,000 for fiscal year 2009;
(2) $50,000,000 for fiscal year 2010;
(3) $55,000,000 for fiscal year 2011;
(4) $60,000,000 for fiscal year 2012; and
(5) $65,000,000 for fiscal year 2013.

PART III--STUDIES

SEC. 9141. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES.

(a) In General.--Not later than October 1, 2012, the
Secretary shall offer to enter into a contract with the
National Academy of Sciences under which the Academy shall
conduct a study of technologies relating to the production,
transportation, and distribution of advanced biofuels.
(b) Scope.--In conducting the study, the Academy shall--
(1) include an assessment of the maturity of advanced
biofuels technologies;
(2) consider whether the rate of development of those
technologies will be sufficient to meet the advanced biofuel
standards required under section 9111;
(3) consider the effectiveness of the research and
development programs and activities of the Department of
Energy relating to advanced biofuel technologies; and
(4) make policy recommendations to accelerate the
development of those technologies to commercial viability, as
appropriate.
(c) Report.--Not later than November 30, 2014, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the results of the study conducted under this section.

SEC. 9142. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED
GASOLINE WITH HIGHER LEVELS OF ETHANOL.

(a) In General.--The Secretary, in cooperation with the
Secretary of Agriculture, the Administrator of the
Environmental Protection Agency, and the Secretary of
Transportation, and after providing notice and an opportunity
for public comment, shall conduct a study of the feasibility
of increasing consumption in the United States of ethanol-
blended gasoline with levels of ethanol that are not less
than 10 percent and not more than 40 percent.

[[Page S14021]]

(b) Study.--The study under subsection (a) shall include--
(1) a review of production and infrastructure constraints
on increasing consumption of ethanol;
(2) an evaluation of the economic, market, and energy-
related impacts of State and regional differences in ethanol
blends;
(3) an evaluation of the economic, market, and energy-
related impacts on gasoline retailers and consumers of
separate and distinctly labeled fuel storage facilities and
dispensers;
(4) an evaluation of the environmental impacts of mid-level
ethanol blends on evaporative and exhaust emissions from on-
road, off-road, and marine engines, recreational boats,
vehicles, and equipment;
(5) an evaluation of the impacts of mid-level ethanol
blends on the operation, durability, and performance of on-
road, off-road, and marine engines, recreational boats,
vehicles, and equipment; and
(6) an evaluation of the safety impacts of mid-level
ethanol blends on consumers that own and operate off-road and
marine engines, recreational boats, vehicles, or equipment.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
this section.

SEC. 9143. PIPELINE FEASIBILITY STUDY.

(a) In General.--The Secretary, in coordination with the
Secretary of Agriculture and the Secretary of Transportation,
shall conduct a study of the feasibility of the construction
of dedicated ethanol pipelines.
(b) Factors.--In conducting the study, the Secretary shall
consider--
(1) the quantity of ethanol production that would make
dedicated pipelines economically viable;
(2) existing or potential barriers to dedicated ethanol
pipelines, including technical, siting, financing, and
regulatory barriers;
(3) market risk (including throughput risk) and means of
mitigating the risk;
(4) regulatory, financing, and siting options that would
mitigate risk in those areas and help ensure the construction
of 1 or more dedicated ethanol pipelines;
(5) financial incentives that may be necessary for the
construction of dedicated ethanol pipelines, including the
return on equity that sponsors of the initial dedicated
ethanol pipelines will require to invest in the pipelines;
(6) technical factors that may compromise the safe
transportation of ethanol in pipelines, identifying remedial
and preventative measures to ensure pipeline integrity; and
(7) such other factors as the Secretary considers
appropriate.
(c) Report.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
this section.

SEC. 9144. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES
TO USE E-85 FUEL.

(a) In General.--The Secretary shall conduct a study of
methods of increasing the fuel efficiency of flexible fueled
vehicles by optimizing flexible fueled vehicles to operate
using E-85 fuel.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report that describes the results of the
study, including any recommendations of the Secretary.

SEC. 9145. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY
IN ELECTRIC VEHICLES.

(a) Definition of Electric Vehicle.--In this section, the
term ``electric vehicle'' means an electric motor vehicle (as
defined in section 601 of the Energy Policy Act of 1992 (42
U.S.C. 13271)) for which the rechargeable storage battery--
(1) receives a charge directly from a source of electric
current that is external to the vehicle; and
(2) provides a minimum of 80 percent of the motive power of
the vehicle.
(b) Study.--The Secretary shall conduct a study on the
feasibility of issuing credits under the program established
under section 9111(d) to electric vehicles powered by
electricity produced from renewable energy sources.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study, including a description of--
(1) existing programs and studies on the use of renewable
electricity as a means of powering electric vehicles; and
(2) alternatives for--
(A) designing a pilot program to determine the feasibility
of using renewable electricity to power electric vehicles as
an adjunct to a renewable fuels mandate;
(B) allowing the use, under the pilot program designed
under subparagraph (A), of electricity generated from nuclear
energy as an additional source of supply;
(C) identifying the source of electricity used to power
electric vehicles; and
(D) equating specific quantities of electricity to
quantities of renewable fuel under section 9111(d).

SEC. 9146. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE
OF BIODIESEL.

(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall initiate a study
on the effects of the use of biodiesel on engine durability.
(b) Components.--The study under this section shall
include--
(1) an assessment of whether the use of biodiesel in
conventional diesel engines lessens engine durability; and
(2) an assessment of the effects referred to in subsection
(a) with respect to biodiesel blends at varying
concentrations, including--
(A) B5;
(B) B10;
(C) B20; and
(D) B30.

SEC. 9147. STUDY OF INCENTIVES FOR RENEWABLE FUELS.

(a) Study.--The President shall conduct a study of the
renewable fuels industry and markets in the United States,
including--
(1) the costs to produce conventional and advanced
biofuels;
(2) the factors affecting the future market prices for
those biofuels, including world oil prices; and
(3) the financial incentives necessary to enhance, to the
maximum extent practicable, the biofuels industry of the
United States to reduce the dependence of the United States
on foreign oil during calendar years 2011 through 2030.
(b) Goals.--The study shall include an analysis of the
options for financial incentives and the advantage and
disadvantages of each option.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the President shall submit to Congress
a report that describes the results of the study.

SEC. 9148. STUDY OF STREAMLINED LIFECYCLE ANALYSIS TOOLS FOR
THE EVALUATION OF RENEWABLE CARBON CONTENT OF
BIOFUELS.

(a) In General.--The Secretary, in consultation with the
Secretary of Agriculture and the Administrator of the
Environmental Protection Agency, shall conduct a study of--
(1) published methods for evaluating the lifecycle fossil
and renewable carbon content of fuels, including conventional
and advanced biofuels; and
(2) methods for performing simplified, streamlined
lifecycle analyses of the fossil and renewable carbon content
of biofuels.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study under subsection (a), including recommendations for a
method for performing a simplified, streamlined lifecycle
analysis of the fossil and renewable carbon content of
biofuels that includes--
(1) carbon inputs to feedstock production; and
(2) carbon inputs to the biofuel production process,
including the carbon associated with electrical and thermal
energy inputs.

SEC. 9149. STUDY OF EFFECTS OF ETHANOL-BLENDED GASOLINE ON
OFF-ROAD VEHICLES.

(a) Study.--
(1) In general.--The Secretary, in consultation with the
Secretary of Transportation and the Administrator of the
Environmental Protection Agency, shall conduct a study to
determine the effects of ethanol-blended gasoline on off-road
vehicles and recreational boats.
(2) Evaluation.--The study shall include an evaluation of
the operational, safety, durability, and environmental
impacts of ethanol-blended gasoline on off-road and marine
engines, recreational boats, and related equipment.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study.

SEC. 9150. STUDY OF OFFSHORE WIND RESOURCES.

(a) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible
institution'' means a college or university that--
(A) as of the date of enactment of this Act, has an
offshore wind power research program; and
(B) is located in a region of the United States that is in
reasonable proximity to the eastern outer Continental Shelf,
as determined by the Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Minerals
Management Service.
(b) Study.--The Secretary, in cooperation with an eligible
institution, as selected by the Secretary, shall conduct a
study to assess each offshore wind resource located in the
region of the eastern outer Continental Shelf.
(c) Report.--Upon completion of the study under subsection
(b), the Secretary shall submit to Congress a report that
includes--
(1) a description of--
(A) the locations and total power generation resources of
the best offshore wind resources located in the region of the
eastern outer Continental Shelf, as determined by the
Secretary;

[[Page S14022]]

(B) based on conflicting zones relating to any
infrastructure that, as of the date of enactment of this Act,
is located in close proximity to any offshore wind resource,
the likely exclusion zones of each offshore wind resource
described in subparagraph (A);
(C) the relationship of the temporal variation of each
offshore wind resource described in subparagraph (A) with--
(i) any other offshore wind resource; and
(ii) with loads and corresponding system operator markets;
(D) the geological compatibility of each offshore wind
resource described in subparagraph (A) with any potential
technology relating to sea floor towers; and
(E) with respect to each area in which an offshore wind
resource described in subparagraph (A) is located, the
relationship of the authority under any coastal management
plan of the State in which the area is located with the
Federal Government; and
(2) recommendations on the manner by which to handle
offshore wind intermittence.
(d) Incorporation of Study.--Effective beginning on the
date on which the Secretary completes the study under
subsection (b), the Secretary shall incorporate the findings
included in the report under subsection (c) into the planning
process documents for any wind energy lease sale--
(1) relating to any offshore wind resource located in any
appropriate area of the outer Continental Shelf, as
determined by the Secretary; and
(2) that is completed on or after the date of enactment of
this Act.
(e) Effect.--Nothing in this section--
(1) delays any final regulation to be promulgated by the
Secretary of the Interior to carry out section 8(p) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)); or
(2) limits the authority of the Secretary to lease any
offshore wind resource located in any appropriate area of the
outer Continental Shelf, as determined by the Secretary.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000, to
remain available until expended.

PART IV--ENVIRONMENTAL SAFEGUARDS

SEC. 9161. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS.

(a) In General.--The Secretary shall establish a grant
program to encourage the production of advanced biofuels.
(b) Requirements and Priority.--In making grants under this
section, the Secretary--
(1) shall make awards to the proposals for advanced
biofuels with the greatest reduction in lifecycle greenhouse
gas emissions compared to the comparable motor vehicle fuel
lifecycle emissions during calendar year 2007; and
(2) shall not make an award to a project that does not
achieve at least a 50-percent reduction in such lifecycle
greenhouse gas emissions.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000,000 for
the period of fiscal years 2008 through 2015.

SEC. 9162. STUDIES OF EFFECTS OF RENEWABLE FUEL USE.

Section 211 of the Clean Air Act (42 U.S.C. 7545) is
amended by adding at the end the following:
``(t) Studies of Effects of Renewable Fuel Use.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Administrator shall offer
to enter into appropriate arrangements with the National
Academy of Sciences and any other independent research
institute determined to be appropriate by the Administrator,
in consultation with appropriate Federal agencies, to conduct
2 studies on the effects of increased domestic use of
renewable fuels under the Renewable Fuels, Consumer
Protection, and Energy Efficiency Act of 2007.
``(2) Matters to be studied.--
``(A) In general.--The studies under this subsection shall
assess, quantify, and recommend analytical methodologies in
relation to environmental changes associated with the
increased domestic use of renewable fuels under the Renewable
Fuels, Consumer Protection, and Energy Efficiency Act of
2007, including production, handling, transportation, and use
of the fuels.
``(B) Specific matters.--The studies shall include an
assessment and quantification, to the maximum extent
practicable, of significant changes--
``(i) in air and water quality and the quality of other
natural resources;
``(ii) in land use patterns;
``(iii) in the rate of deforestation in the United States
and globally;
``(iv) to greenhouse gas emissions;
``(v) to significant geographic areas and habitats with
high biodiversity values (including species richness, the
presence of species that are exclusively native to a place,
or the presence of endangered species); or
``(vi) in the long-term capacity of the United States to
produce biomass feedstocks.
``(C) Baseline comparison.--In making an assessment or
quantifying effects of increased use of renewable fuels, the
studies shall use an appropriate baseline involving increased
use of the conventional transportation fuels, if displacement
by use of renewable fuels had not occurred.
``(3) Reports to congress.--The Administrator shall submit
to Congress a report summarizing the assessments and findings
of--
``(A) the first study, along with any recommendations by
the Administrator to mitigate adverse effects identified by
the study, not later than 3 years after the date of enactment
of this subsection; and
``(B) the second study, along with any recommendations by
the Administrator to mitigate adverse effects identified by
the study, not later December 31, 2015.''.

SEC. 9163. INTEGRATED CONSIDERATION OF WATER QUALITY IN
DETERMINATIONS ON FUELS AND FUEL ADDITIVES.

Section 211(c)(1) of the Clean Air Act (42 U.S.C.
7545(c)(1)) is amended--
(1) by striking ``nonroad vehicle (A) if in the judgment of
the Administrator'' and inserting ``nonroad vehicle--
``(A) if, in the judgment of the Administrator, any fuel or
fuel additive or'';
(2) in subparagraph (A), by striking ``air pollution
which'' and inserting ``air pollution or water pollution
(including any degradation in the quality of groundwater)
that''; and
(3) by striking ``, or (B) if'' and inserting the
following: ``; or
``(B) if''.

SEC. 9164. ANTI-BACKSLIDING.

Section 211 of the Clean Air Act (42 U.S.C. 7545) (as
amended by section 9162) is amended by adding at the end the
following:
``(u) Prevention of Air Quality Deterioration.--
``(1) Study.--
``(A) In general.--Not later than 18 months after the date
of enactment of the Renewable Fuels, Consumer Protection, and
Energy Efficiency Act of 2007, the Administrator shall
complete a study to determine whether the renewable fuel
volumes required by that Act will adversely impact air
quality as a result of changes in vehicle and engine
emissions of air pollutants regulated under this Act.
``(B) Considerations.--The study shall include
consideration of--
``(i) different blend levels, types of renewable fuels, and
available vehicle technologies; and
``(ii) appropriate national, regional, and local air
quality control measures.
``(2) Regulations.--Not later than 3 years after the date
of enactment of the Renewable Fuels, Consumer Protection, and
Energy Efficiency Act of 2007, the Administrator shall--
``(A) promulgate regulations to implement appropriate
measures to mitigate, to the greatest extent achievable,
considering the results of the study under paragraph (1), any
adverse impacts on air quality, as the result of the
renewable volumes required by that Act; or
``(B) make a determination that no such measures are
necessary.
``(3) Other requirements.--Nothing in the Renewable Fuels,
Consumer Protection, and Energy Efficiency Act of 2007
supercedes or otherwise affects any Federal or State
requirement under any other provision of law that is more
stringent than any requirement of this title.''.
______

SA 3543. Ms. STABENOW (for herself, Mr. Domenici, Mr. Casey, Mr.
Levin, Mr. Sanders, Mrs. Boxer, Mr. Bingaman, Mr. Coleman, and Mr.
Feingold) submitted an amendment intended to be proposed to amendment
SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus,
and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title IV, insert the following:

SEC. ___. ELIGIBILITY OF ELDERLY PERSONS, WOMEN, INFANTS, AND
CHILDREN UNDER THE 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--
(1) by striking subsection (g) and inserting the following:
``(g) Use of Resources.--Each local agency shall use funds
made available to the agency to provide assistance under the
program to low-income elderly individuals, women, infants,
and children in need of food assistance in accordance with
such regulations as the Secretary may prescribe.'';
(2) in paragraphs (2) and (3) of subsection (h), by
inserting ``elderly individuals,'' before ``pregnant''; and
(3) by adding at the end the following:
``(m) Income Eligibility Standards.--
``(1) In general.--The Secretary shall establish maximum
income eligibility standards to be used in conjunction with
such other risk criteria as may be appropriate in determining
eligibility for the program.
``(2) Conformity; maximum income.--The income standards
established under paragraph (1) shall--
``(A) be the same for all pregnant, postpartum, and
breastfeeding women, for infants, for children, and for
elderly individuals qualifying for the program; and
``(B) not exceed the maximum income limit prescribed under
section 17(d)(2)(A)(i) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(d)(2)(A)(i)).''.

____________________