S.Amdt. 3590

TEXT OF AMENDMENTS

SA 3566. Mrs. BOXER submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

Beginning on page 1176, strike line 24 and all that follows
through page 1177, line 2, and insert the following:
``(5) water resource needs, including water requirements
for biorefineries;
``(6) education and outreach for agricultural producers
transitioning to cellulosic feedstocks; and
``(7) such other infrastructure issues as the Secretary may
determine.''.
On page 1177, strike lines 18 through 21 and insert the
following:
``(5) the resource use and conservation characteristics of
alternative approaches to infrastructure development;
``(6) the impact on the development of renewable energy
when public and private utilities do not pay competitive
rates for wind, solar, and biogas energy from agricultural
sources; and
``(7) the environmental benefits of planting perennial
grasses for the production of cellulosic ethanol.''.
______

SA 3567. Mrs. BOXER (for herself and Ms. Collins) submitted an
amendment intended to be proposed to amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

On page 980, strike lines 12 and 13 and insert the
following:

including fresh-cut produce;
``(7) methods of improving the supply and effectiveness of
pollination for specialty crop production; and
``(8) efforts relating to optimizing the produc-
______

SA 3568. Mr. STEVENS (for himself and Ms. Murkowski) 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. 110__. EXEMPTION FROM AQI USER FEES.

(a) In General.--Notwithstanding any other provision of law
(including regulations), the owner or operator of any
commercial truck described in subsection (b) shall be exempt
from the payment of any agricultural quarantine and
inspection user fee.
(b) Commercial Trucks.--A commercial truck referred to in
subsection (a) is a commercial truck that--
(1) originates in the State of Alaska and reenters the
customs territory of the United States directly from Canada;
or
(2) originates in the customs territory of the United
States (other than the State of Alaska) and transits through
the customs territory of Canada directly before entering the
State of Alaska.
______

SA 3569. Mr. STEVENS (for himself, Ms. Murkowski, Mr. Lott, and Mr.
Smith) 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 778, between lines 2 and 3, insert the following:
(c) Commercial Fishing.--Section 343 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1991) is amended--
(1) in subsection (a), by inserting ``and, in the case of
subtitle B, commercial fishing'' before the period at the end
of each of paragraphs (1) and (2); and
(2) by adding at the end the following:
``(c) Definition of Farm.--In subtitle B, the term `farm'
includes a commercial fishing enterprise.''.
______

SA 3570. Mrs. FEINSTEIN (for herself and Mrs. Hutchison) submitted an
amendment intended to be proposed by

[[Page S14204]]

her to the bill S. 597, to extend the special postage stamp for breast
cancer research for 2 years; which was ordered to lie on the table; as
follows:

In section 1, in the section heading, strike ``2-YEAR'' AND
INSERT ``4-YEAR''.
In section 1, strike ``2009'' and insert ``2011''.
Amend the title so as to read: ``To extend the special
postage stamp for breast cancer research for 4 years.''
______

SA 3571. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

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

SEC. 110___. USDA PROGRAM GOALS.

(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that describes--
(1) each program of the Department of Agriculture that has
received a Program Assessment Rating Tool (referred to in
this section as ``PART'') score of ``results not
demonstrated''; and
(2) for each such program, the steps being taken by the
Secretary to develop acceptable and quantifiable performance
goals to determine whether the program is performing as
Congress intended.
(b) Annual Budget.--
(1) In general.--The Secretary shall include in the annual
submission to Congress of the budget for the Department of
Agriculture a report that identifies each program within the
Department of Agriculture that has, as of the date of the
report, a PART score of ``results not demonstrated'' or
``ineffective''.
(2) Funding.--If a program of the Department of Agriculture
receives a PART score described in paragraph (1) for 2 or
more consecutive years, the amount made available to the
Secretary to carry out the program for each subsequent fiscal
year shall be decreased by 10 percent until such time as the
program receives a PART score of at least ``adequate''.
(c) Reduction of Debt.--For each fiscal year for which a
program of the Department of Agriculture receives decreased
funding under subsection (b)(2), an amount equal to the
amount of funding withheld from the Department of Agriculture
for that program shall be deposited in the account
established under section 3113(d) of title 31, United States
Code, for use in reducing the Federal debt.
______

SA 3572. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

Amendment No. 3572

On page 966, between lines 13 and 14, insert the following:

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

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

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

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

SA 3573. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:
Section 20 of the Cooperative Forestry Assistance Act of
1978 (as added by section 8004) is amended by striking
subsection (a) and inserting the following:
``(a) Establishment.--The Secretary shall establish a
comprehensive statewide forest planning program under which
the Secretary shall provide financial and technical
assistance to States for use in the development and
implementation of--
``(1) statewide forest resource assessments and plans; and
``(2) community wildfire protection plans.
______

SA 3574. 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 appropriate place in title XI, insert the following:

SEC. ____. FOOD SAFETY IMPROVEMENT.

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

``SEC. 411. REPORTABLE FOOD EVENT.

``(a) Definitions.--In this section:
``(1) Reportable food.--The term `reportable food' means
meat or a meat food product under this Act for which there is
a reasonable probability that the use of, or exposure to, the
meat or meat food product will cause serious adverse health
consequences or death to humans or animals.
``(2) Registry.--The term `Registry' means the registry
established under subsection (b).

[[Page S14205]]

``(3) Responsible party.--The term `responsible party',
with respect to a reportable food, means an operator of an
establishment subject to inspection under this Act at which
the reportable food is manufactured, processed, packed, or
held.
``(b) Establishment.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Food and Energy Security Act of 2007, the
Secretary shall establish within the Department of
Agriculture a Reportable Meat Registry to which information
concerning reportable food may be submitted via an electronic
portal, from--
``(A) employees of the Food Safety and Inspection Service;
``(B) Federal, State, and local public health officials;
and
``(C) responsible parties.
``(2) Review by secretary.--The Secretary shall promptly
review and assess the information submitted under paragraph
(1) for the purposes of--
``(A) identifying reportable food;
``(B) submitting entries to the Registry;
``(C) taking actions under subsection (c); and
``(D) exercising other food safety authority of the
Secretary to protect the health and safety of humans and
animals.
``(c) Issuance of an Alert by the Secretary.--
``(1) In general.--The Secretary shall issue, or cause to
be issued, an alert or a notification with respect to a
reportable food using information from the Registry as the
Secretary considers necessary to protect the health and
safety of humans and animals.
``(2) Effect.--Paragraph (1) shall not affect the authority
of the Secretary to issue an alert or a notification under
any other provision of law.
``(d) Reporting and Notification.--
``(1) In general.--Except as provided in paragraph (2), as
soon as practicable, but in no case later than 24 hours after
a responsible party determines that meat or meat food product
is a reportable food, the responsible party shall--
``(A) submit a report to the Secretary through the Registry
that includes information described in subsection (e) (other
than the information described in paragraphs (7), (8), and
(9) of that subsection); and
``(B) investigate the cause of the event that caused the
meat or meat food product to be a reportable food, if the
reportable food originated with the responsible party.
``(2) No report required.--A responsible party shall not be
required to submit a report under paragraph (1) if--
``(A) the adulteration or misbranding originated with the
responsible party;
``(B) the responsible party detected the adulteration or
misbranding prior to any transfer to another person of the
meat or meat food product; and
``(C) the responsible party--
``(i) corrected the adulteration or misbranding; or
``(ii) destroyed or caused the destruction of the meat or
meat food product.
``(3) Report number.--The Secretary shall ensure that, upon
submission of a report under paragraph (1), a unique number
is issued through the Registry to the person submitting the
report, by which the Secretary is able--
``(A) to link reports about the reportable food submitted
and amended under this subsection; and
``(B) identify the supply chain for the reportable food.
``(4) Response to report submitted by a responsible
party.--After consultation with the responsible party that
submitted a report under paragraph (1), the Secretary may
require the responsible party to perform, as soon as
practicable, but in no case later than a time specified by
the Secretary, 1 or more of the following, as determined by
the Secretary:
``(A) Amend the report submitted by the responsible party
under paragraph (1) to include the information described in
subsection (e)(8).
``(B) Provide a notification--
``(i) to the immediate previous source of the reportable
food;
``(ii) to the immediate subsequent recipient of the
reportable food; and
``(iii) that includes--

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

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

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

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

[[Page S14206]]

section shall be subject to an appropriate penalty under
section 406.''.
(2) Poultry products inspection act.--The Poultry Products
Inspection Act is amended by inserting after section 10 (21
U.S.C. 459) the following:

``SEC. 10A. REPORTABLE FOOD EVENT.

``(a) Definitions.--In this section:
``(1) Reportable food.--The term `reportable food' means
poultry or a poultry product under this Act for which there
is a reasonable probability that the use of, or exposure to,
the poultry or poultry product will cause serious adverse
health consequences or death to humans or animals.
``(2) Registry.--The term `Registry' means the registry
established under subsection (b).
``(3) Responsible party.--The term `responsible party',
with respect to a reportable food, means an operator of an
official establishment.
``(b) Establishment.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Food and Energy Security Act of 2007, the
Secretary shall establish within the Department of
Agriculture a Reportable Poultry Registry to which
information concerning reportable food may be submitted via
an electronic portal, from--
``(A) employees of the Food Safety and Inspection Service;
``(B) Federal, State, and local public health officials;
and
``(C) responsible parties.
``(2) Review by secretary.--The Secretary shall promptly
review and assess the information submitted under paragraph
(1) for the purposes of--
``(A) identifying reportable food;
``(B) submitting entries to the Registry;
``(C) taking actions under subsection (c); and
``(D) exercising other food safety authority of the
Secretary to protect the health and safety of humans and
animals.
``(c) Issuance of an Alert by the Secretary.--
``(1) In general.--The Secretary shall issue, or cause to
be issued, an alert or a notification with respect to a
reportable food using information from the Registry as the
Secretary considers necessary to protect the health and
safety of humans and animals.
``(2) Effect.--Paragraph (1) shall not affect the authority
of the Secretary to issue an alert or a notification under
any other provision of law.
``(d) Reporting and Notification.--
``(1) In general.--Except as provided in paragraph (2), as
soon as practicable, but in no case later than 24 hours after
a responsible party determines that poultry or poultry
product is a reportable food, the responsible party shall--
``(A) submit a report to the Secretary through the Registry
that includes information described in subsection (e) (other
than the information described in paragraphs (7), (8), and
(9) of that subsection); and
``(B) investigate the cause of the event that caused the
poultry or poultry product to be a reportable food, if the
reportable food originated with the responsible party.
``(2) No report required.--A responsible party shall not be
required to submit a report under paragraph (1) if--
``(A) the adulteration or misbranding originated with the
responsible party;
``(B) the responsible party detected the adulteration or
misbranding prior to any transfer to another person of the
poultry or poultry product; and
``(C) the responsible party--
``(i) corrected the adulteration or misbranding; or
``(ii) destroyed or caused the destruction of the poultry
or poultry product.
``(3) Report number.--The Secretary shall ensure that, upon
submission of a report under paragraph (1), a unique number
is issued through the Registry to the person submitting the
report, by which the Secretary is able--
``(A) to link reports about the reportable food submitted
and amended under this subsection; and
``(B) identify the supply chain for the reportable food.
``(4) Response to report submitted by a responsible
party.--After consultation with the responsible party that
submitted a report under paragraph (1), the Secretary may
require the responsible party to perform, as soon as
practicable, but in no case later than a time specified by
the Secretary, 1 or more of the following, as determined by
the Secretary:
``(A) Amend the report submitted by the responsible party
under paragraph (1) to include the information described in
subsection (e)(8).
``(B) Provide a notification--
``(i) to the immediate previous source of the reportable
food;
``(ii) to the immediate subsequent recipient of the
reportable food; and
``(iii) that includes--

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

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

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

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

[[Page S14207]]

admission that the reportable food involved is adulterated,
misbranded, or caused or contributed to a death, serious
injury, or serious illness.
``(k) Homeland Security Notification.--If, after receiving
a report under subsection (d), the Secretary believes the
reportable food may have been deliberately adulterated or
misbranded, the Secretary shall--
``(1) immediately notify the Secretary of Homeland
Security; and
``(2) make relevant information from the Registry available
to the Secretary of Homeland Security.
``(l) Penalties.--A responsible party that fails to comply
with any requirement of this section shall be subject to an
appropriate penalty under section 12.''.
(3) Conforming amendment.--Section 12(a) of the Poultry
Products Inspection Act (21 U.S.C. 461(a)) is amended by
inserting ``10A,'' after ``10,''.
(4) Effective date.--The amendments made by the subsection
take effect on the date that is 1 year after the date of
enactment of this Act.
(5) Guidance.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall issue a guidance
to industry relating to--
(A) the submission of reports to the registries established
under section 411 of the Federal Meat Inspection Act (as
amended by paragraph (1)) and section 10A of the Poultry
Products Inspection Act (as amended by paragraph (2)); and
(B) the provision of notification to other persons in the
supply chain of reportable food under those sections.
(6) Effect.--Nothing in this subsection, or an amendment
made by this subsection, alters the jurisdiction between the
Secretary and the Secretary of Health and Human Services,
under applicable law (including regulations).
(b) Supplemental Plans and Reassessments.--The Secretary
shall require that each establishment required by the
Secretary to have a hazard analysis and critical control
point plan in accordance with the final rule of the Secretary
(61 Fed. Reg. 38806 (July 25, 1996)) shall submit to the
Secretary, in writing--
(1) at a minimum, a recall plan described in Directive
8080.1, Rev. 4 (May 24, 2004) of the Food Safety and
Inspection Service (or a successor directive); and
(2) for beef products, an E. coli reassessment described in
the supplementary information relating to E. coli O157: H7
Contamination of Beef Products (67 Fed. Reg. 62325 (October
7, 2002); part 417 of title 9, Code of Federal Regulations).
(c) Sanitary Transportation of Food.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services shall promulgate regulations described in section
416(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
350e(b)).
(2) Memorandum of understanding.--Not later than 180 days
after the date of enactment of this Act, the Secretary, the
Secretary of Health and Human Services, and the Secretary of
Transportation shall enter into a memorandum of understanding
to ensure that the Secretaries work together effectively to
ensure the safety and security of the food supply of the
United States, particularly in relation to distribution
channels involving transportation (as described in the
withdrawal of notices of proposed rulemaking (70 Fed. Reg.
76228 (December 23, 2005))).
______

SA 3575. Mr. COLEMAN (for himself, Mrs. Dole, Mr. McConnell, Mr.
Lott, Mr. Isakson, Mr. DeMint, Mr. Martinez, Mr. Vitter, Mr. Alexander,
Mr. Burr, Mr. Bond, Mr. Inhofe, Mr. Gregg, and Mr. Corker) submitted an
amendment intended to be proposed by him to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF THE SENATE.

It is the sense of the Senate that--
(1) some States issue State driver's licenses to aliens who
are unlawfully present in the United States;
(2) providing official government-issued identification to
individuals who are in the United States illegally rewards
those who show disrespect and disregard for Federal
immigration laws;
(3) the very act of entering the United States illegally
shows disrespect for the laws of the United States and should
not be rewarded in any way;
(4) issuing driver's licenses to undocumented individuals
presents a national security risk and enables election fraud;
and
(5) States should not issue driver's licenses or other
photo identification to aliens who are unlawfully present in
the United States.
______

SA 3576. Mr. NELSON of Nebraska (for himself and Mr. Salazar)
submitted an amendment intended to be proposed by him to the bill H.R.
2419, to provide for the continuation of agricultural programs through
fiscal year 2012, and for other purposes; which was ordered to lie on
the table; as follows:

In section 1101, strike subsection (c) and insert the
following:
(c) Permanent Reduction in Base Acres.--
(1) Reduction at option of owner.--
(A) In general.--The owner of a farm may reduce, at any
time, the base acres for any covered commodity for the farm.
(B) Effect of reduction.--A reduction under subparagraph
(A) shall be permanent and made in a manner prescribed by the
Secretary.
(2) Required action by secretary.--
(A) In general.--The Secretary shall suspend all direct,
counter-cyclical, and average crop revenue payments on base
acres for covered commodities for land that is no longer a
farming operation or used in conjunction with a farming
operation, as determined by the Secretary.
(B) Reduction.--The Secretary shall permanently reduce base
acres for covered commodities in a manner prescribed by the
Secretary, for land that--
(i) has been developed for commercial or industrial use; or
(ii) has been subdivided and developed for multiple
residential units or other nonfarming uses, unless the
producer demonstrates that the land remains devoted
exclusively to agricultural production.
(3) Review and report.--Each year, to ensure, to the
maximum extent practicable, that payments are received only
by producers, the Secretary shall--
(A) track each reconstitution of land that is reported by a
producer that is covered by paragraph (2);
(B) include in any end-of-the-year review for purposes of
payment limitations or other compliance inspections or other
actions taken by the Secretary, a review to ensure compliance
with paragraph (2); and
(C) submit to Congress a report that describes the results
of the actions taken under subparagraphs (A) and (B).
In section 1302, strike subsection (c) and insert the
following:
(c) Permanent Reduction in Base Acres.--
(1) Reduction at option of owner.--
(A) In general.--The owner of a farm may reduce, at any
time, the base acres for peanuts for the farm.
(B) Effect of reduction.--A reduction under subparagraph
(A) shall be permanent and made in a manner prescribed by the
Secretary.
(2) Required action by secretary.--
(A) In general.--The Secretary shall suspend all direct,
counter-cyclical, and average crop revenue payments on base
acres for peanuts for land that is no longer a farming
operation or used in conjunction with a farming operation, as
determined by the Secretary.
(B) Reduction.--The Secretary shall permanently reduce base
acres for peanuts in a manner prescribed by the Secretary,
for land that--
(i) has been developed for commercial or industrial use; or
(ii) has been subdivided and developed for multiple
residential units or other nonfarming uses, unless the
producer demonstrates that the land remains devoted
exclusively to agricultural production.
(3) Review and report.--Each year, to ensure, to the
maximum extent practicable, that payments are received only
by producers, the Secretary shall--
(A) track each reconstitution of land that is reported by a
producer that is covered by paragraph (2);
(B) include in any end-of-the-year review for purposes of
payment limitations or other compliance inspections or other
actions taken by the Secretary, a review to ensure compliance
with paragraph (2); and
(C) submit to Congress a report that describes the results
of the actions taken under subparagraphs (A) and (B).
______

SA 3577. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill H.R. 2419, to provide for
the continuation of agricultural programs through fiscal year 2012, and
for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 11___. EXTENSION OF PARTICIPATION OF BUREAU OF
RECLAMATION IN DESCHUTES RIVER CONSERVANCY.

Section 301 of the Oregon Resource Conservation Act of 1996
(division B of Public Law 104-208; 110 Stat. 3009-534) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``Deschutes River Basin Working Group'' and
inserting ``Deschutes River Conservancy Working Group''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) 4 representatives of private interests, including--
``(i) 2 representatives from irrigated agriculture who
actively farm more than 100 acres of irrigated land and are
not irrigation district managers; and
``(ii) 2 representatives from the environmental
community;'';
(2) in subsection (b)(3), by inserting before the period at
the end the following: ``, and up to a total amount of
$2,000,000 during each of fiscal years 2007 through 2016'';
and
(3) in subsection (h), by inserting before the period at
the end the following: ``, and $2,000,000 for each of fiscal
years 2007 through 2016''.

[[Page S14208]]

SEC. 11___. WALLOWA LAKE DAM REHABILITATION.

(a) Definitions.--In this section:
(1) Associated ditch companies, incorporated.--The term
``Associated Ditch Companies, Incorporated'' means the
nonprofit corporation established under the laws of the State
of Oregon that operates Wallowa Lake Dam.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(3) Wallowa lake dam rehabilitation program.--The term
``Wallowa Lake Dam Rehabilitation Program'' means the program
for the rehabilitation of the Wallowa Lake Dam in Oregon, as
contained in the engineering document titled, ``Phase I Dam
Assessment and Preliminary Engineering Design'', dated
December 2002, and on file with the Bureau of Reclamation.
(b) Authorization to Participate in Program.--
(1) Grants and cooperative agreements.--The Secretary may
provide grants to, or enter into cooperative or other
agreements with, tribal, State, and local governmental
entities and Associated Ditch Companies, Incorporated, to
plan, design, and construct facilities needed to implement
the Wallowa Lake Dam Rehabilitation Program.
(2) Conditions.--As a condition of providing funds under
paragraph (1), the Secretary shall ensure that--
(A) the Wallowa Lake Dam Rehabilitation Program and
activities under this section meet the standards of the dam
safety program of the State of Oregon;
(B) Associated Ditch Companies, Incorporated, agrees to
assume liability for any work performed, or supervised, with
Federal funds provided to it under this section; and
(C) the United States shall not be liable for damages of
any kind arising out of any act, omission, or occurrence
relating to a facility rehabilitated or constructed with
Federal funds provided under this section, during and after
the period in which activities are conducted using Federal
funds provided under this section.
(3) Cost sharing.--
(A) In general.--The Federal share of the costs of
activities authorized under this section shall not exceed 50
percent.
(B) Exclusions from federal share.--There shall not be
credited against the Federal share of those costs--
(i) any expenditure by the Bonneville Power Administration
in the Wallowa River watershed; or
(ii) expenditures made by individual agricultural producers
in any Federal commodity or conservation program.
(4) Compliance with state law.--In carrying out this
section, the Secretary shall comply with applicable water
laws of the State of Oregon.
(5) Prohibition on holding title.--The Federal Government
shall not hold title to any facility rehabilitated or
constructed under this section.
(6) Prohibition on operation and maintenance.--The Federal
Government shall not be responsible for the operation or
maintenance of any facility constructed or rehabilitated
under this section.
(c) Relationship to Other Law.--An activity funded under
this section shall not be considered to be a supplemental or
additional benefit under the Federal reclamation laws.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $6,000,000 to pay the
Federal share of the costs of activities authorized under
this section.
(e) Sunset.--The authority of the Secretary to carry out
this section terminates on the date that is 10 years after
the date of enactment of this Act.

SEC. 11___. LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, WATER
RESOURCE STUDY.

(a) Authorization.--The Secretary of the Interior, acting
through the Bureau of Reclamation, may participate in the
Water for Irrigation, Streams, and the Economy Project water
management feasibility study and environmental impact
statement in accordance with the ``Memorandum of Agreement
Between City of Medford and Bureau of Reclamation for the
Water for Irrigation, Streams, and the Economy Project'',
dated July 2, 2004.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Bureau of Reclamation $500,000 to carry out activities
under this section.
(2) Non-federal share.--
(A) In general.--The non-Federal share of an activity
carried out under subsection (a) shall be 50 percent of the
total cost to the Bureau of Reclamation of carrying out the
activity.
(B) Form.--The non-Federal share required under
subparagraph (A) may be in the form of any in-kind services
that the Secretary of the Interior determines would
contribute substantially toward the conduct and completion of
the study and environmental impact statement required under
subsection (a).
(c) Sunset.--The authority of the Secretary to carry out
this section terminates on the date that is 10 years after
the date of enactment of this Act.

SEC. 11___. NORTH UNIT IRRIGATION DISTRICT.

The Act of August 10, 1954 (68 Stat. 679, chapter 663), is
amended--
(1) in the first section--
(A) by inserting ``(referred to in this Act as the
`District')'' after ``irrigation district''; and
(B) by inserting ``(referred to in this Act as the
`Contract')'' after ``1953''; and
(2) by adding at the end the following:

``SEC. 3. ADDITIONAL TERMS.

``On approval of the District directors and notwithstanding
project authorizing legislation to the contrary, the Contract
is modified, without further action by the Secretary of the
Interior, to include the following modifications:
``(1) In Article 8(a) of the Contract, by deleting `a
maximum of 50,000' and inserting `approximately 59,000' after
`irrigation service to'.
``(2) In Article 11(a) of the Contract, by deleting `The
classified irrigable lands within the project comprise
49,817.75 irrigable acres, of which 35,773.75 acres are in
Class A and 14,044.40 in Class B. These lands and the
standards upon which the classification was made are
described in the document entitled ``Land Classification,
North Unit, Deschutes Project, 1953'' which is on file in the
office of the Regional Director, Bureau of Reclamation,
Boise, Idaho, and in the office of the District' and
inserting `The classified irrigable land within the project
comprises 58,902.8 irrigable acres, all of which are
authorized to receive irrigation water pursuant to water
rights issued by the State of Oregon and have in the past
received water pursuant to such State water rights.'.
``(3) In Article 11(c) of the Contract, by deleting `, with
the approval of the Secretary,' after `District may', by
deleting `the 49,817.75 acre maximum limit on the irrigable
area is not exceeded' and inserting `irrigation service is
provided to no more than approximately 59,000 acres and no
amendment to the District boundary is required' after `time
so long as'.
``(4) In Article 11(d) of the Contract, by inserting `, and
may further be used for instream purposes, including fish or
wildlife purposes, to the extent that such use is required by
Oregon State law in order for the District to engage in, or
take advantage of, conserved water projects as authorized by
Oregon State law' after `herein provided'.
``(5) By adding at the end of Article 12(d) the following:
`(e) Notwithstanding the above subsections of this Article or
Article 13 below, beginning with the irrigation season
immediately following the date of enactment of the Food and
Energy Security Act of 2007, the annual installment for each
year, for the District, under the Contract, on account of the
District's construction charge obligation, shall be a fixed
and equal annual amount payable on June 30 the year following
the year for which it is applicable, such that the District's
total construction charge obligation shall be completely paid
by June 30, 2044.'.
``(6) In Article 14(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes,
to the extent that such use is required by Oregon State law
in order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law,'
after `and incidental stock and domestic uses', by inserting
`and for instream purposes as described above,' after
`irrigation, stock and domestic uses', and by inserting `,
including natural flow rights out of the Crooked River held
by the District' after `irrigation system'.
``(7) In Article 29(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes,
to the extent that such use is required by Oregon State law
in order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law'
after `provided in article 11'.
``(8) In Article 34 of the Contract, by deleting `The
District, after the election and upon the execution of this
contract, shall promptly secure final decree of the proper
State court approving and confirming this contract and
decreeing and adjudging it to be a lawful, valid, and binding
general obligation of the District. The District shall
furnish to the United States certified copies of such decrees
and of all pertinent supporting records.' after `for that
purpose.'.

``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.

``The Secretary of the Interior (acting through the
Commissioner of Reclamation) may in the future renegotiate
with the District such terms of the Contract as the District
directors determine to be necessary, only upon the written
request of the District directors and the consent of the
Commissioner of Reclamation.''.

SEC. 11___. TUMALO WATER CONSERVATION PROJECT.

(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Tumalo
Irrigation District, Oregon.
(2) Project.--The term ``Project'' means the Tumalo
Irrigation District Water Conservation Project authorized
under section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Authorization to Plan, Design and Construct the Tumalo
Water Conservation Project.--
(1) Authorization.--The Secretary, in cooperation with the
District--
(A) may participate in the planning, design, and
construction of the Tumalo Irrigation District Water
Conservation Project in Deschutes County, Oregon; and
(B) for purposes of planning and designing the Project,
shall take into account any appropriate studies and reports
prepared by the District.

[[Page S14209]]

(2) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total cost of
the Project shall be 25 percent, which shall be
nonreimbursable to the United States.
(B) Credit toward non-federal share.--The Secretary shall
credit toward the non-Federal share of the Project any
amounts that the District provides toward the design,
planning, and construction before the date of enactment of
this Act.
(3) Title.--The District shall hold title to any facilities
constructed under this section.
(4) Operation and maintenance costs.--The District shall
pay the operation and maintenance costs of the Project.
(5) Effect.--Any assistance provided under this section
shall not be considered to be a supplemental or additional
benefit under Federal reclamation law (the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to
and amendatory of that Act (43 U.S.C. 371 et seq.).
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary for the Federal share of
the cost of the Project $4,000,000.
(d) Termination of Authority.--The authority of the
Secretary to carry out this section terminates on the date
that is 10 years after the date of enactment of this Act.
______

SA 3578. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill H.R. 2419, to provide for
the continuation of agricultural programs through fiscal year 2012, and
for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 11___. EXTENSION OF PARTICIPATION OF BUREAU OF
RECLAMATION IN DESCHUTES RIVER CONSERVANCY.

Section 301 of the Oregon Resource Conservation Act of 1996
(division B of Public Law 104-208; 110 Stat. 3009-534) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``Deschutes River Basin Working Group'' and
inserting ``Deschutes River Conservancy Working Group''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) 4 representatives of private interests, including--
``(i) 2 representatives from irrigated agriculture who
actively farm more than 100 acres of irrigated land and are
not irrigation district managers; and
``(ii) 2 representatives from the environmental
community;'';
(2) in subsection (b)(3), by inserting before the period at
the end the following: ``, and up to a total amount of
$2,000,000 during each of fiscal years 2007 through 2016'';
and
(3) in subsection (h), by inserting before the period at
the end the following: ``, and $2,000,000 for each of fiscal
years 2007 through 2016''.
______

SA 3579. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill H.R. 2419, to provide for
the continuation of agricultural programs through fiscal year 2012, and
for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 11___. WALLOWA LAKE DAM REHABILITATION.

(a) Definitions.--In this section:
(1) Associated ditch companies, incorporated.--The term
``Associated Ditch Companies, Incorporated'' means the
nonprofit corporation established under the laws of the State
of Oregon that operates Wallowa Lake Dam.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(3) Wallowa lake dam rehabilitation program.--The term
``Wallowa Lake Dam Rehabilitation Program'' means the program
for the rehabilitation of the Wallowa Lake Dam in Oregon, as
contained in the engineering document titled, ``Phase I Dam
Assessment and Preliminary Engineering Design'', dated
December 2002, and on file with the Bureau of Reclamation.
(b) Authorization to Participate in Program.--
(1) Grants and cooperative agreements.--The Secretary may
provide grants to, or enter into cooperative or other
agreements with, tribal, State, and local governmental
entities and Associated Ditch Companies, Incorporated, to
plan, design, and construct facilities needed to implement
the Wallowa Lake Dam Rehabilitation Program.
(2) Conditions.--As a condition of providing funds under
paragraph (1), the Secretary shall ensure that--
(A) the Wallowa Lake Dam Rehabilitation Program and
activities under this section meet the standards of the dam
safety program of the State of Oregon;
(B) Associated Ditch Companies, Incorporated, agrees to
assume liability for any work performed, or supervised, with
Federal funds provided to it under this section; and
(C) the United States shall not be liable for damages of
any kind arising out of any act, omission, or occurrence
relating to a facility rehabilitated or constructed with
Federal funds provided under this section, during and after
the period in which activities are conducted using Federal
funds provided under this section.
(3) Cost sharing.--
(A) In general.--The Federal share of the costs of
activities authorized under this section shall not exceed 50
percent.
(B) Exclusions from federal share.--There shall not be
credited against the Federal share of those costs--
(i) any expenditure by the Bonneville Power Administration
in the Wallowa River watershed; or
(ii) expenditures made by individual agricultural producers
in any Federal commodity or conservation program.
(4) Compliance with state law.--In carrying out this
section, the Secretary shall comply with applicable water
laws of the State of Oregon.
(5) Prohibition on holding title.--The Federal Government
shall not hold title to any facility rehabilitated or
constructed under this section.
(6) Prohibition on operation and maintenance.--The Federal
Government shall not be responsible for the operation or
maintenance of any facility constructed or rehabilitated
under this section.
(c) Relationship to Other Law.--An activity funded under
this section shall not be considered to be a supplemental or
additional benefit under the Federal reclamation laws.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $6,000,000 to pay the
Federal share of the costs of activities authorized under
this section.
(e) Sunset.--The authority of the Secretary to carry out
this section terminates on the date that is 10 years after
the date of enactment of this Act.
______

SA 3580. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill H.R. 2419, to provide for
the continuation of agricultural programs through fiscal year 2012, and
for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 11___. LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, WATER
RESOURCE STUDY.

(a) Authorization.--The Secretary of the Interior, acting
through the Bureau of Reclamation, may participate in the
Water for Irrigation, Streams, and the Economy Project water
management feasibility study and environmental impact
statement in accordance with the ``Memorandum of Agreement
Between City of Medford and Bureau of Reclamation for the
Water for Irrigation, Streams, and the Economy Project'',
dated July 2, 2004.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Bureau of Reclamation $500,000 to carry out activities
under this section.
(2) Non-federal share.--
(A) In general.--The non-Federal share of an activity
carried out under subsection (a) shall be 50 percent of the
total cost to the Bureau of Reclamation of carrying out the
activity.
(B) Form.--The non-Federal share required under
subparagraph (A) may be in the form of any in-kind services
that the Secretary of the Interior determines would
contribute substantially toward the conduct and completion of
the study and environmental impact statement required under
subsection (a).
(c) Sunset.--The authority of the Secretary to carry out
this section terminates on the date that is 10 years after
the date of enactment of this Act.
______

SA 3581. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill H.R. 2419, to provide for
the continuation of agricultural programs through fiscal year 2012, and
for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 11___. NORTH UNIT IRRIGATION DISTRICT.

The Act of August 10, 1954 (68 Stat. 679, chapter 663), is
amended--
(1) in the first section--
(A) by inserting ``(referred to in this Act as the
`District')'' after ``irrigation district''; and
(B) by inserting ``(referred to in this Act as the
`Contract')'' after ``1953''; and
(2) by adding at the end the following:

``SEC. 3. ADDITIONAL TERMS.

``On approval of the District directors and notwithstanding
project authorizing legislation to the contrary, the Contract
is modified, without further action by the Secretary of the
Interior, to include the following modifications:
``(1) In Article 8(a) of the Contract, by deleting `a
maximum of 50,000' and inserting `approximately 59,000' after
`irrigation service to'.
``(2) In Article 11(a) of the Contract, by deleting `The
classified irrigable lands within the project comprise
49,817.75 irrigable acres, of which 35,773.75 acres are in
Class A and 14,044.40 in Class B. These lands and the

[[Page S14210]]

standards upon which the classification was made are
described in the document entitled ``Land Classification,
North Unit, Deschutes Project, 1953'' which is on file in the
office of the Regional Director, Bureau of Reclamation,
Boise, Idaho, and in the office of the District' and
inserting `The classified irrigable land within the project
comprises 58,902.8 irrigable acres, all of which are
authorized to receive irrigation water pursuant to water
rights issued by the State of Oregon and have in the past
received water pursuant to such State water rights.'.
``(3) In Article 11(c) of the Contract, by deleting `, with
the approval of the Secretary,' after `District may', by
deleting `the 49,817.75 acre maximum limit on the irrigable
area is not exceeded' and inserting `irrigation service is
provided to no more than approximately 59,000 acres and no
amendment to the District boundary is required' after `time
so long as'.
``(4) In Article 11(d) of the Contract, by inserting `, and
may further be used for instream purposes, including fish or
wildlife purposes, to the extent that such use is required by
Oregon State law in order for the District to engage in, or
take advantage of, conserved water projects as authorized by
Oregon State law' after `herein provided'.
``(5) By adding at the end of Article 12(d) the following:
`(e) Notwithstanding the above subsections of this Article or
Article 13 below, beginning with the irrigation season
immediately following the date of enactment of the Food and
Energy Security Act of 2007, the annual installment for each
year, for the District, under the Contract, on account of the
District's construction charge obligation, shall be a fixed
and equal annual amount payable on June 30 the year following
the year for which it is applicable, such that the District's
total construction charge obligation shall be completely paid
by June 30, 2044.'.
``(6) In Article 14(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes,
to the extent that such use is required by Oregon State law
in order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law,'
after `and incidental stock and domestic uses', by inserting
`and for instream purposes as described above,' after
`irrigation, stock and domestic uses', and by inserting `,
including natural flow rights out of the Crooked River held
by the District' after `irrigation system'.
``(7) In Article 29(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes,
to the extent that such use is required by Oregon State law
in order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law'
after `provided in article 11'.
``(8) In Article 34 of the Contract, by deleting `The
District, after the election and upon the execution of this
contract, shall promptly secure final decree of the proper
State court approving and confirming this contract and
decreeing and adjudging it to be a lawful, valid, and binding
general obligation of the District. The District shall
furnish to the United States certified copies of such decrees
and of all pertinent supporting records.' after `for that
purpose.'.

``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.

``The Secretary of the Interior (acting through the
Commissioner of Reclamation) may in the future renegotiate
with the District such terms of the Contract as the District
directors determine to be necessary, only upon the written
request of the District directors and the consent of the
Commissioner of Reclamation.''.
______

SA 3582. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill H.R. 2419, to provide for
the continuation of agricultural programs through fiscal year 2012, and
for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 11___. TUMALO WATER CONSERVATION PROJECT.

(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Tumalo
Irrigation District, Oregon.
(2) Project.--The term ``Project'' means the Tumalo
Irrigation District Water Conservation Project authorized
under section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Authorization to Plan, Design and Construct the Tumalo
Water Conservation Project.--
(1) Authorization.--The Secretary, in cooperation with the
District--
(A) may participate in the planning, design, and
construction of the Tumalo Irrigation District Water
Conservation Project in Deschutes County, Oregon; and
(B) for purposes of planning and designing the Project,
shall take into account any appropriate studies and reports
prepared by the District.
(2) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total cost of
the Project shall be 25 percent, which shall be
nonreimbursable to the United States.
(B) Credit toward non-federal share.--The Secretary shall
credit toward the non-Federal share of the Project any
amounts that the District provides toward the design,
planning, and construction before the date of enactment of
this Act.
(3) Title.--The District shall hold title to any facilities
constructed under this section.
(4) Operation and maintenance costs.--The District shall
pay the operation and maintenance costs of the Project.
(5) Effect.--Any assistance provided under this section
shall not be considered to be a supplemental or additional
benefit under Federal reclamation law (the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to
and amendatory of that Act (43 U.S.C. 371 et seq.).
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary for the Federal share of
the cost of the Project $4,000,000.
(d) Termination of Authority.--The authority of the
Secretary to carry out this section terminates on the date
that is 10 years after the date of enactment of this Act.
______

SA 3583. Mr. SUNUNU (for himself and Mr. Gregg) submitted an
amendment intended to be proposed by him to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. _. CREDIT FOR BIOMASS FUEL PROPERTY EXPENDITURES.

(a) Allowance of Credit.--Subsection (a) of section 25D, as
amended by this Act, is amended--
(1) by striking ``and'' at the end of paragraph (3),
(2) by striking the period at the end of paragraph (4) and
inserting ``, and'', and
(3) by adding at the end the following new paragraph:
``(5) 30 percent of the qualified biomass fuel property
expenditures made by the taxpayer during such year.''.
(b) Maximum Credit.--Paragraph (1) of section 25D(b), as
amended by this Act, is amended--
(1) by striking ``and'' at the end of subparagraph (C),
(2) by striking the period at the end of subparagraph (D)
and inserting ``, and'', and
(3) by adding at the end the following new subparagraph:
``(E) $4,000 with respect to any qualified biomass fuel
property expenditures.''.
(c) Maximum Expenditures.--Subparagraph (A) of section
25D(e)(4), as amended by this Act, is amended--
(1) by striking ``and'' at the end of clause (iii),
(2) by striking the period at the end of clause (iv) and
inserting ``, and'', and
(3) by adding at the end the following new clause:
``(v) $6,667 in the case of any qualified biomass fuel
property expenditures.''.
(d) Qualified Biomass Fuel Property Expenditures.--
Subsection (d) of section 25D, as amended by this Act, is
amended by adding at the end the following new paragraph:
``(5) Qualified biomass fuel property expenditure.--
``(A) In general.--The term `qualified biomass fuel
property expenditure' means an expenditure for property--
``(i) which uses the burning of biomass fuel to heat a
dwelling unit located in the United States and used as a
residence by the taxpayer, or to heat water for use in such a
dwelling unit, and
``(ii) which has a thermal efficiency rating of at least 75
percent.
``(B) Biomass fuel.--For purposes of this section, the term
`biomass fuel' means any plant-derived fuel available on a
renewable or recurring basis, including agricultural crops
and trees, wood and wood waste and residues (including wood
pellets), plants (including aquatic plants), grasses,
residues, and fibers.''.
(e) Termination.--Section 25D(g), relating to termination,
is amended to read as follows:
``(g) Termination.--
``(1) In general.--Except as provided in paragraph (2), the
credit allowed under this section shall not apply to property
placed in service after December 31, 2008.
``(2) Exception.--The credit allowed under this section by
reason of subsection (a)(5) shall not apply to property
placed in service after December 31, 2012.''.
(f) Effective Date.--The amendments made by this section
shall apply to expenditures paid or incurred in taxable years
beginning after December 31, 2007.
______

SA 3584. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of subtitle F of title IV, add the following:

SEC. 49__. REPORT ON FEDERAL HUNGER PROGRAMS.

Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to Congress a report that contains--
(1) a complete list of all Federal programs that seek to
alleviate hunger or food insecurity or improve nutritional
intake, including

[[Page S14211]]

programs that support collaboration, coordination, research,
or infrastructure related to these issues;
(2) for each program listed under paragraph (1)--
(A) the total amount of Federal funds used to carry out the
program in the most recent fiscal year for which comparable
data is available;
(B) a comparison of the amount described in subparagraph
(A) with the amount used to carry out a similar program 10
and 20 years previously;
(C) to the maximum extent practicable, the amount of
Federal funds used under the program to provide direct food
aid to individuals (including the amount used for the costs
of administering the program); and
(D) a review to determine whether the program has been
independently reviewed for effectiveness with respect to
achieving the goals of the program, including--
(i) the findings of the independent review; and
(ii) for the 10 highest-cost programs, a determination of
whether the review was conducted in accordance with accepted
research principles;
(3) for the 10- and 20-year periods before the date of
enactment of this Act, and for the most recent year for which
data is available, the estimated number of people in the
United States who are hungry (or food insecure) or obese; and
(4) as of the date of submission of the report--
(A) the number of employees of the Department of
Agriculture, including contractors and other individuals
whose salary is paid in full or part by the Department; and
(B) the number of farmers and other agricultural producers
in the United States that receive some form of assistance
from the Department.
______

SA 3585. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. EXPENDITURE OF CERTAIN FUNDS.

None of the funds made available or authorized to be
appropriated by this Act or an amendment made by this Act
(including funds for any loan, grant, or payment under a
contract) may be expended for any activity relating to the
planning, construction, or maintenance of, travel to, or
lodging at a golf course, resort, or casino.
______

SA 3586. Mr. FEINGOLD submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of subtitle F of title VII, add the following:

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

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

SA 3587. Mr. FEINGOLD submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 1007, strike line 16 and insert the following:
(T) The research, extension, and education programs
authorized by section 407 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7627)
relating to the viability and competitiveness of small- and
medium-sized dairy, livestock, crop, and other commodity
operations.
(U) Other programs, including any pro-
On page 1036, between lines 2 and 3, insert the following:
(d) Sense of Congress Regarding Certain Research,
Extension, and Education Programs.--It is the sense of
Congress that the Secretary should continue to allocate
sufficient funds under sections 401(c)(2)(F) and 407 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7621(c)(2)(F), 7627) for research, extension,
and education programs relating to the viability and
competitiveness of small- and medium-sized dairy, livestock,
crop, and other commodity operations in existence on the date
of enactment of this Act.
______

SA 3588. 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:

In title I, at the end of subtitle D, insert the following:

SEC. 1610. MODIFIED BLOC VOTING.

(a) In General.--Notwithstanding paragraph (12) of section
8c of the Agricultural Adjustment Act (7 U.S.C. 608c),
reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, in the case of the referendum
conducted as part of the consolidation of Federal milk
marketing orders and related reforms under section 143 of the
Agricultural Market Transition Act (7 U.S.C. 7253), a
cooperative association of milk producers may not elect to
hold a vote on behalf of its members as authorized by that
paragraph, unless the cooperative association provides to
each producer, on behalf of which the cooperative association
is expressing approval or disapproval, at the time a producer
joins the cooperative association and annually thereafter,
written notice that contains--
(1) information regarding the procedures by which a
producer may cast an individual ballot;
(2) contact information for the milk marketing order
information clearinghouse described in subsection (b) and
procedures to be added to a notification list described in
subsection (c); and
(3) information about a point of contact within the
cooperative association to inquire regarding the manner in
which the cooperative association intends to vote on behalf
of the membership.
(b) Information Clearinghouse.--Each milk marketing order
shall establish a information clearinghouse on referendums on
Federal milk marketing order reform that includes--
(1) information on procedures by which a producer may cast
an individual ballot;
(2) due dates for each specific referendum;
(3) the text of each referendum question under
consideration; and
(4) a description in plain language of the question and
relevant background information.
(c) Notification List for Upcoming Referendum.--Each
Federal milk marketing order shall--
(1) make available the information described in subsection
(b) through a website; and
(2) distribute to each producer an alert on each upcoming
referendum through a fax list, email distribution list, or
United States mail list, as elected by each producer
individually.
(d) Tabulation of Ballots.--At the time at which ballots
from a vote under subsection (a) are tabulated by the
Secretary, the Secretary shall adjust the vote of a
cooperative association to reflect individual votes submitted
by producers that are members of, stockholders in, or under
contract with, the cooperative association.
______

SA 3589. Mr. FEINGOLD submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

Beginning on page 175, strike line 14 and all that follows
through page 176, line 21, and insert the following:
(1) ensuring that the competitiveness of dairy products
with other competing products in the marketplace is preserved
and enhanced;
(2) ensuring that dairy producers receive fair and
reasonable minimum prices;
(3) enhancing the competitiveness of United States dairy
producers in world markets;
(4) preventing anticompetitive behavior and ensuring that
dairy markets are not prone to manipulation;

[[Page S14212]]

(5) increasing the responsiveness of the Federal milk
marketing order system to market forces;
(6) streamlining and expediting the process by which
amendments to Federal milk market orders are adopted;
(7) simplifying the Federal milk marketing order system;
(8) evaluating whether the Federal milk marketing order
system, established during the Great Depression, continues to
serve the interests of the public, dairy processors, and
dairy producers;
(9) evaluating whether Federal milk marketing orders are
operating in a manner to minimize costs to taxpayers and
consumers, while still maintaining a fair price for
producers;
(10) evaluating the nutritional composition of milk,
including the potential benefits and costs of adjusting the
milk content standards;
(11) evaluating the economic benefits to milk producers of
establishing a 2-class system of classifying milk consisting
of a fluid milk class and a manufacturing grade milk class,
with the price of both classes determined using the component
prices of butterfat, protein, and other solids; and
(12) evaluating a change in advance pricing that is used to
calculate the advance price of Class II skim milk under
Federal milk marketing orders using the 4-week component
prices that are used to calculate prices for Class III and
Class IV milk.
______

SA 3590. Mr. BOND 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 576, strike lines 13 through 17 and insert the
following:
(2) in subsection (b)--
(A) by striking ``(b) Coupons'' and inserting the
following:
``(b) Use.--
``(1) In general.--Benefits'';
(B) in paragraph (1) (as designated by subparagraph (A)),
by striking the second proviso; and
(C) by adding at the end the following:
``(2) Study.--As soon as practicable after the date of
enactment of this paragraph, the Comptroller General of the
United States shall conduct a study of the effects of the
Secretary issuing a rule requiring that benefits shall only
be used to purchase food that is included in the most recent
applicable thrifty food plan market basket.'';
______

SA 3591. Mr. BOND submitted an amendment 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. 11__. FARM REGULATORY CONSIDERATION.

(a) Definitions.--Section 601 of title 5, United States
Code, is amended by adding at the end the following:
``(9) Agricultural entity.--The term `agricultural entity'
means any entity engaged in any farming, ranching, or
forestry activity, including--
``(A) cultivation and tillage of soil;
``(B) the production of milk and milk products;
``(C) the production, cultivation, growing, and harvesting
of any agricultural or horticultural commodity;
``(D) the raising of livestock, bees, fur-bearing animals,
or poultry; and
``(E) any practice (including any forestry or lumbering
operation) performed by a producer on a farm or on a farm as
incident to or in conjunction with an activity described in
this paragraph, including--
``(i) preparation for market; and
``(ii) delivery to storage, to market, or to carriers for
transportation to market.''.
(b) Regulatory Agenda.--Section 602 of that title is
amended--
(1) in subsections (a)(1) and (c), by inserting ``or
agricultural entities'' after ``small entities'' each place
it appears; and
(2) in subsection (b), by inserting ``or the Department of
Agriculture, as appropriate,'' after ``Administration''.
(c) Initial Regulatory Flexibility Analysis.--Section 603
of that title is amended--
(1) by inserting ``or agricultural entities'' after ``small
entities'' each place it appears; and
(2) in subsection (a), in the fourth sentence, by inserting
``or the Department of Agriculture, as appropriate'' after
``Administration''.
(d) Final Regulatory Flexibility Analysis.--Section 604 of
that title is amended by inserting ``or agricultural
entities'' after ``small entities'' each place it appears.
(e) Avoidance of Duplicative or Unnecessary Analyses.--
Section 605(b) of that title is amended--
(1) in the first sentence, by inserting ``or agricultural
entities'' after ``small entities''; and
(2) in the third sentence, by inserting ``or the Department
of Agriculture, as appropriate'' after ``Administration''.
(f) Procedures for Gathering Comments.--Section 609 of that
title is amended--
(1) by inserting ``or agricultural entities'' after ``small
entities'' each place it appears;
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``or the Department of
Agriculture, as appropriate,'' after ``Administration'';
(B) in paragraph (2), by inserting ``appropriate'' before
``Chief Counsel''; and
(C) in paragraphs (3) and (4), by inserting ``appropriate''
before ``Chief Counsel'' each place it appears;
(3) in subsection (d), by inserting ``, the Department of
the Interior,'' after ``Agency''; and
(4) in subsection (e), in the first sentence, by inserting
``appropriate'' before ``Chief Counsel''.
(g) Periodic Review of Rules.--Section 610 of that title is
amended by inserting ``or agricultural entities'' after
``small entities'' each place it appears.
(h) Judicial Review.--Section 611(a) of that title is
amended--
(1) in paragraphs (1) and (3), by inserting ``or
agricultural entity'' after ``small entity'' each place it
appears; and
(2) in paragraph (4)(B), by inserting ``or agricultural
entities'' after ``small entities''.
(i) Reports and Intervention Rights.--Section 612 of that
title is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Monitoring and Reports.--The Chief Counsels for
Advocacy of the Small Business Administration and the
Department of Agriculture shall--
``(1) monitor agency compliance with this chapter; and
``(2) not less frequently than once each year, submit a
report describing the results of the monitoring conducted
under paragraph (1) to--
``(A) the President;
``(B) the Committees on Agriculture, the Judiciary, and
Small Business of the House of Representatives; and
``(C) the Committees on Agriculture, Nutrition, and
Forestry, the Judiciary, and Small Business and
Entrepreneurship of the Senate.'';
(2) in subsection (b)--
(A) in the first sentence, by inserting ``or the Department
of Agriculture'' after ``Administration''; and
(B) in the second sentence, by inserting ``or agricultural
entities'' after ``small entities'' each place it appears;
and
(3) in subsection (c), by inserting ``or the Department of
Agriculture'' after ``Administration''.
(j) Office of Advocacy of Department of Agriculture.--
Chapter 6 of part I of title 5, United States Code, is
amended by adding at the end the following:

``Sec. 613. Office of Advocacy of Department of Agriculture

``(a) Establishment.--There is established in the
Department of Agriculture an Office of Advocacy (referred to
in this section as the `Office').
``(b) Chief Counsel.--The Office shall be directed by the
Chief Counsel for Advocacy of the Department of Agriculture,
who--
``(1) shall be appointed by the President, by and with the
advice and consent of the Senate; and
``(2) shall not be an employee of any Federal department or
agency on the day before the date of appointment.
``(c) Duties.--The Chief Counsel of the Office shall--
``(1) examine--
``(A) the role of agriculture in the United States economy;
and
``(B) the contribution made by agricultural entities in
improving the economy;
``(2)(A) measure the direct costs and other effects of
regulation of agricultural entities; and
``(B) make recommendations (including recommendations
relating to proposed legislation) for eliminating excessive
or unnecessary regulation of agricultural entities;
``(3)(A) determine the impact of applicable tax structure
on agricultural entities; and
``(B) make recommendations (including recommendations
relating to proposed legislation) for modifying the tax
structure to enhance the ability of agricultural entities to
contribute to the United States economy;
``(4) study the ability of financial markets and
institutions to meet the credit needs of agricultural
entities and determine the impact of demands for credit by
the Federal Government on agricultural entities;
``(5) evaluate the efforts of Federal departments and
agencies, businesses, and industry to assist minority-owned
agricultural entities;
``(6) make other appropriate recommendations to assist the
development of minority-owned and other agricultural
entities;
``(7) recommend specific measures for creating an
environment in which all agricultural entities will have the
opportunity to compete effectively and fulfill potential and
determine the reasons, if any, for successes and failures of
agricultural entities; and
``(8) evaluate the programs of each Federal department and
agency, and of private industry, to assist agricultural
entities owned and controlled by veterans (including service-
disabled veterans)--
``(A) to provide statistics regarding use of the programs
by those agricultural entities; and
``(B) to provide appropriate recommendations to the
Secretary of Agriculture and

[[Page S14213]]

Congress in order to promote the establishment and growth of
those agricultural entities.
``(d) Additional Responsibilities.--In addition to the
duties described in subsection (c), the Chief Counsel shall,
on a continuing basis--
``(1) serve as a focal point for the receipt of complaints,
criticism, and suggestions concerning the policies and
activities of Federal departments and agencies that affect
agricultural entities;
``(2) advise agricultural entities on methods of resolving
issues relating to the relationship of the agricultural
entity with the Federal Government;
``(3) develop proposals for modifications to the policies
and activities of any Federal department or agency to advance
the purposes of agricultural entities;
``(4) represent the interests of agricultural entities to
other Federal departments and agencies the policies and
activities of which may affect agricultural entities; and
``(5) solicit assistance from public and private agencies,
businesses, and other organizations in disseminating
information on--
``(A) the programs and services provided by the Federal
Government to benefit agricultural entities; and
``(B) methods by which agricultural entities can
participate in or otherwise benefit from those programs and
services.''.
______

SA 3592. Mr. DOMENICI submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

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

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

(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Chihuahuan Desert
Nature Park Board.
(2) Nature park.--The term ``Nature Park'' means the
Chihuahuan Desert Nature Park, Inc., a nonprofit corporation
in the State of New Mexico.
(b) Conveyance of Land.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, subject to valid existing rights and
subsection (c), the Secretary shall convey to the Nature
Park, by quitclaim deed, for no consideration, all right,
title, and interest of the United States in and to the land
described in paragraph (2)
(2) Description of land.--
(A) In general.--The parcel of land referred to in
paragraph (1) consists of the approximately 935.62 acres of
land in Dona Ana County, New Mexico, which is more
particularly described--
(i) as sections 17, 20, and 21 of T. 21 S., R. 2 E.,
N.M.P.M.; and
(ii) in an easement deed dated May 14, 1998, from the
Department of Agriculture to the Nature Park.
(B) Modifications.--The Secretary may modify the
description of the land under subparagraph (A) to--
(i) correct errors in the description; or
(ii) facilitate management of the land.
(c) Conditions.--The conveyance of land under subsection
(b) shall be subject to--
(1) the reservation by the United States of all mineral and
subsurface rights to the land, including any geothermal
resources;
(2) the condition that the Board pay any costs relating to
the conveyance;
(3) any rights-of-way reserved by the Secretary;
(4) a covenant or restriction in the deed to the land
requiring that--
(A) the land may be used only for educational or scientific
purposes; and
(B) if the land is no longer used for the purposes
described in subparagraph (A), the land may, at the
discretion of the Secretary, revert to the United States in
accordance with subsection (d); and
(5) any other terms and conditions that the Secretary
determines to be appropriate.
(d) Reversion.--If the land conveyed under subsection (b)
is no longer used for the purposes described in subsection
(c)(4)(A)--
(1) the land may, at the discretion of the Secretary,
revert to the United States; and
(2) if the Secretary chooses to have the land revert to the
United States, the Secretary shall--
(A) determine whether the land is environmentally
contaminated, including contamination from hazardous wastes,
hazardous substances, pollutants, contaminants, petroleum, or
petroleum by-products; and
(B) if the Secretary determines that the land is
environmentally contaminated, the Nature Park, the successor
to the Nature Park, or any other person responsible for the
contamination shall be required to remediate the
contamination.
(e) Withdrawal.--All federally owned mineral and subsurface
rights to the land described in subsection (b)(2) are
withdrawn from--
(1) location, entry, and patent under the mining laws; and
(2) the operation of the mineral leasing laws, including
the geothermal leasing laws.
(f) Water Rights.--Nothing in this section authorizes the
conveyance of water rights to the Nature Park.
______

SA 3593. Mr. DORGAN (for himself and Mr. Brownback) 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 1401, line 21, insert ``materially participating in
the production of agricultural or horticultural commodities
described in subparagraph (A) or individuals'' after
``individuals''.
On page 1402, line 2, insert ``materially participating in
the production of agricultural or horticultural commodities
described in subparagraph (A) or individuals'' after
``individuals''.
On page 1402, line 6, insert ``before, on, or'' after
``made''.
______

SA 3594. Mr. DORGAN (for himself and Mr. Brownback) 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 1401, line 21, insert ``materially participating in
the production of agricultural or horticultural commodities
described in subparagraph (A) or individuals'' after
``individuals''.
On page 1402, line 2, insert ``materially participating in
the production of agricultural or horticultural commodities
described in subparagraph (A) or individuals'' after
``individuals''.
______

SA 3595. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 842, between line 13 and 14, insert the following:

SEC. 6034. PUBLIC HEARINGS UPON APPLICATIONS FOR CERTAIN
TRANSACTIONS BY TELECOMMUNICATIONS PROVIDERS.

(a) Concentration of Wireless Market.--
(1) In general.--If a wireless telephone service
acquisition, merger, or license transfer would result in 70
percent or more of the wireless customers living in the rural
area of a State having their wireless telephone service
provided by 1 wireless telephone service provider, then the
Secretary of Agriculture, acting through the Office of Rural
Development and the Rural Development Telecommunications
Program, shall hold at least 3 public hearings in
geographically diverse rural areas of that State to discuss
the impact of the proposed acquisition, merger, or transfer
on the economic development and competitiveness of that
State.
(2) FCC responsibility.--The Federal Communications
Commission shall be responsible for notifying the Secretary
of Agriculture upon its receipt of an application for an
acquisition, merger, or license transfer that satisfies the
concentration requirement under paragraph (1).
(b) Hearings.--
(1) In general.--The public hearings required under
subsection (a) shall be held at such times and such locations
so as to allow the broadest segment of the population of a
State to attend.
(2) Notice to the public.--The Secretary of Agriculture
shall provide at least 90 days notice to the public of the
time and place of such hearings, including by--
(A) publishing such notice--
(i) on the website of the Department of Agriculture; and
(ii) in popular circulated newspapers and other written
publications in the State; and
(B) broadcasting such notice on local radio and television
stations serving the State.
(3) Commencement of notice timelines.--Notice of such
hearings shall be given after a posting of a Public Notice by
the Federal Communications Commission of its receipt of an
application for an acquisition, merger, or license transfer
that satisfies the concentration requirement under subsection
(a)(1).
(c) Report.--Not later than 180 days after the final
hearing required under subsection (a), the Secretary of
Agriculture shall submit a report to the Federal
Communications Commission--
(1) describing the issues, concerns, and comments raised
and discussed at the public hearings required under
subsection (a); and
(2) on the impact of the proposed acquisition, merger, or
transfer on the rural areas of the State, including an
examination of the impact such acquisition, merger, or
transfer will have on the economic development and
competitiveness of the State.
(d) FCC Consideration.--The Federal Communications
Commission shall consider the report submitted under
subsection (c) as part of its evaluation of any wireless
telephone service acquisition, merger, or license transfer
and shall take action, if any, on that acquisition, merger,
or license transfer only after receipt of such report.
(e) Definitions.--In this section, the following
definitions shall apply:

[[Page S14214]]

(1) Rural area.--The term ``rural area'' has the same
meaning given the term in section 343(a)(13)(C) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1991(a)(13)(C)).
(2) State.--The term ``State'' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(3) Wireless telephone services.--The term ``wireless
telephone services'' has the same meaning given the term
``commercial mobile radio services'' as such term is defined
in section 332(c) of the Communications Act of 1934 (47
U.S.C. 332(c)).
(4) Wireless telephone service provider.--The term
``wireless telephone service provider'' means any entity that
provides wireless telephone service.
______

SA 3596. Mr. SESSIONS 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 1557, between lines 14 and 15, insert the
following:

SEC. 12410. FARM SAVINGS ACCOUNTS.

(a) In General.--Part VI of subchapter B of chapter 1
(relating to itemized deductions for individuals and
corporations) is amended by inserting after section 199 the
following new section:

``SEC. 200. FARM SAVINGS ACCOUNTS.

``(a) Deduction Allowed.--In the case of a qualified
farmer, there shall be allowed as a deduction for the taxable
year an amount equal to the aggregate amount paid in cash
during such taxable year by or on behalf of such taxpayer to
a farm savings account of such taxpayer.
``(b) Minimum Contribution Requirement.--A deduction shall
not be allowed under subsection (a) for the taxable year with
respect to a taxpayer if, during such taxable year, the
aggregate amount contributed by such taxpayer to farm savings
accounts of the taxpayer is not equal to at least 2 percent
of the taxpayer's 3-year average of income derived from
farming or ranching.
``(c) Account Balance Limitation.--A deduction shall not be
allowed under subsection (a) with respect to any portion of a
contribution to a farm savings account of a taxpayer if such
contribution would result in the sum of the balances in all
such accounts of such taxpayer to exceed 150 percent of the
taxpayer's 3-year average of income derived from farming or
ranching.
``(d) Qualified Farmer.--For purposes of this section, the
term `qualified farmer' means, with respect to any taxable
year, any entity or individual who, during such year--
``(1) was engaged in the trade or business of farming or
ranching,
``(2) has in effect an agreement with the Secretary of
Agriculture under section 523(f) of the Federal Crop
Insurance Act to accept contributions under this section in
lieu of--
``(A) receiving, after the expiration of any transition
period applicable to the taxpayer under subsection (g)(2),
any Federal subsidy toward the premium of any crop insurance
policy (other than catastrophic risk protection under section
508(b) of the Federal Crop Insurance Act), or
``(B) obtaining noninsured crop disaster assistance under
section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333), and
``(3) has--
``(A) in the case of insurable commodities, at least
catastrophic risk protection provided under section 508(b) of
the Federal Crop Insurance Act (7 U.S.C. 1508(b)), or similar
coverage, and
``(B) in the case of noninsurable commodities, coverage
under the noninsured crop assistance program under section
196 of the Federal Agriculture Improvement and Reform Act.
``(e) Farm Savings Account.--For purposes of this section--
``(1) In general.--The term `farm savings account' means a
trust created or organized in the United States as a farm
savings account exclusively for the purpose of making
qualified distributions, but only if the written governing
instrument creating the trust meets the following
requirements:
``(A) No contribution will be accepted unless it is in
cash.
``(B) The trustee is a bank (as defined in section 408(n))
or another person who demonstrates to the satisfaction of the
Secretary that the manner in which such person will
administer the trust will be consistent with the requirements
of this section.
``(C) The assets of the trust will be invested in
securities issued by the United States Treasury or in such
other low-risk interest-bearing securities as are approved by
the Secretary.
``(D) The assets of the trust will not be commingled with
other property except in a common trust fund or common
investment fund.
``(E) The interest of a taxpayer in the balance in his
account is nonforfeitable.
``(2) Qualified distribution.--The term `qualified
distribution' means any amount paid from a farm savings
account to the account beneficiary to the extent that such
amount when added to all other amounts paid from such
accounts to such beneficiary during the taxable year (other
than rollover contributions) does not exceed the excess (if
any) of--
``(A) 80 percent of such beneficiary's 3-year average of
income derived from farming or ranching, over
``(B) such beneficiary's gross income derived from farming
or ranching for the taxable year.
``(3) 3-year average of income derived from farming or
ranching.--The term `3-year average of income derived from
farming or ranching' means, with respect to any taxpayer--
``(A) the sum of the taxpayer's gross income derived from
farming or ranching for the taxable year and the 2 preceding
taxable years, divided by
``(B) the number of taxable years taken into account under
clause (i) during which such taxpayer was engaged in the
trade or business of farming or ranching.
``(4) Account beneficiary.--The term `account beneficiary'
means the taxpayer on whose behalf the farm savings account
was established.
``(5) Special rules.--
``(A) Federal contributions.--For purposes of this title,
any amount paid to a farm savings account by the Secretary of
Agriculture under subsection (g) shall be included in the
account beneficiary's gross income in the taxable year for
which the amount was contributed, whether or not a deduction
for such payment is allowable under this section to the
beneficiary.
``(B) Other rules.--Rules similar to the following rules
shall apply for purposes of this section:
``(i) Section 219(d)(2) (relating to no deduction for
rollovers).
``(ii) Section 219(f)(3) (relating to time when
contributions deemed made).
``(iii) Section 408(g) (relating to community property
laws).
``(iv) Section 408(h) (relating to custodial accounts).
``(f) Tax Treatment of Accounts.--
``(1) In general.--A farm savings account is exempt from
taxation under this subtitle unless such account has ceased
to be a farm savings account. Notwithstanding the preceding
sentence, any such account is subject to the taxes imposed by
section 511 (relating to imposition of tax on unrelated
business income of charitable, etc. organizations).
``(2) Termination of accounts.--If the account beneficiary
ceases to engage in the trade or business of farming or
ranching, such trade or business becomes covered under any
crop insurance policy for which a premium subsidy is paid by
the Secretary of Agriculture (other than catastrophic risk
protection under section 508(b) of the Federal Crop Insurance
Act), or the account beneficiary seeks noninsured crop
disaster assistance under section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333)--
``(A) all farm savings accounts of such taxpayer shall
cease to be such accounts, and
``(B) the balance of all such accounts shall be treated
as--
``(i) distributed to such taxpayer, and
``(ii) not paid in a qualified distribution.
``(g) Federal Contribution to Accounts.--
``(1) Contributions required.--Using amounts in the
insurance fund established under section 516(c) of the
Federal Crop Insurance Act (7 U.S.C. 1516(c)), the Secretary
of Agriculture shall match the contributions made for a
taxable year to farm savings accounts of a taxpayer who has
entered into the agreement with the Secretary required by
subsection (d)(2) in an aggregate amount equal to the lesser
of--
``(A) the amount of any premium that would be paid by the
Federal Crop Insurance Corporation under section 508(e) of
the Federal Crop Insurance Act (but for the agreement with
the Secretary of Agriculture under subsection (d)(2)), or
``(B) 2 percent of the taxpayer's 3-year average of income
derived from farming or ranching.
``(2) Transition periods.--Notwithstanding paragraph (1),
during the first 3 taxable years for which the Secretary of
Agriculture makes contributions under such paragraph to farm
savings accounts of a taxpayer and during the first 3 taxable
years following any taxable year during which there occurs a
qualified distribution from a farm savings account of the
taxpayer, the amount contributed by the Secretary may not
exceed--
``(A) for the first taxable year, 25 percent of the amount
the Secretary would otherwise contribute under paragraph (1)
for that taxable year,
``(B) for the second taxable year, 50 percent of the amount
the Secretary would otherwise contribute under paragraph (1)
for that taxable year, and
``(C) for the third taxable year, 75 percent of the amount
the Secretary would otherwise contribute under paragraph (1)
for that taxable year.
``(3) Crop insurance coverage.--
``(A) In general.--During any transition period applicable
to a taxpayer under paragraph (2), the taxpayer would be
covered with any claim at the same level of coverage
purchased, but subject to the condition that any claim would
first use amounts in the farm savings accounts of a taxpayer
before conventional crop insurance would make any payment, if
necessary.
``(B) Catastrophic coverage.--If a taxpayer with a farm
savings account would be

[[Page S14215]]

covered under catastrophic risk protection under section
508(b) of the Federal Crop Insurance Act or under the
noninsured crop assistance program under section 196 of the
Federal Agriculture Improvement and Reform Act, such taxpayer
shall be covered with respect to such claim under such
protection or program, but subject to the condition that any
claim would first use amounts in the farm savings accounts of
a taxpayer before any payment was made with respect to such
claim.
``(h) Tax Treatment of Distributions.--
``(1) In general.--Any amount paid or distributed out of a
farm savings account (other than a rollover contribution
described in paragraph (4)) shall be included in gross
income.
``(2) Additional tax on non-qualified distributions.--
``(A) In general.--The tax imposed by this chapter on the
account beneficiary for any taxable year in which there is a
payment or distribution from a farm savings account of such
beneficiary which is not a qualified distribution shall be
increased by 15 percent of the amount of such payment or
distribution which is not a qualified distribution.
``(B) Exception for disability or death.--Subparagraph (A)
shall not apply if the payment or distribution is made after
the account beneficiary becomes disabled within the meaning
of section 72(m)(7) or dies.
``(3) Excess contributions returned before due date of
return.--
``(A) In general.--If any excess contribution is
contributed for a taxable year to a farm savings account of a
taxpayer, paragraph (2) shall not apply to distributions from
the farm savings accounts of such taxpayer (to the extent
such distributions do not exceed the aggregate excess
contributions to all such accounts of such taxpayer for such
year) if--
``(i) such distribution is received by the taxpayer on or
before the last day prescribed by law (including extensions
of time) for filing such taxpayer's return for such taxable
year, and
``(ii) such distribution is accompanied by the amount of
net income attributable to such excess contribution.
Any net income described in clause (ii) shall be included in
the gross income of the taxpayer for the taxable year in
which it is received.
``(B) Excess contribution.--For purposes of subparagraph
(A), the term `excess contribution' means any contribution
(other than a rollover contribution) which is not deductible
under this section.
``(4) Rollover contribution.--An amount is described in
this paragraph as a rollover contribution if it meets the
requirements of subparagraphs (A) and (B).
``(A) In general.--For purposes of this section, any amount
paid or distributed from a farm savings account to the
account beneficiary shall be treated as a qualified
distribution to the extent the amount received is paid into a
farm savings account for the benefit of such beneficiary not
later than the 60th day after the day on which the
beneficiary receives the payment or distribution.
``(B)  Limitation.--This paragraph shall not apply to any
amount described in subparagraph (A) received by a taxpayer
from a farm savings account if, at any time during the 1-year
period ending on the day of such receipt, such taxpayer
received any other amount described in subparagraph (A) from
a farm savings account which was not included in the
taxpayer's gross income because of the application of this
paragraph.
``(5) Transfer of account incident to divorce.--The
transfer of an individual's interest in a farm savings
account to an individual's spouse or former spouse under a
divorce or separation instrument described in subparagraph
(A) of section 71(b)(2) shall not be considered a taxable
transfer made by such individual notwithstanding any other
provision of this subtitle, and such interest shall, after
such transfer, be treated as a farm savings account with
respect to which such spouse is the account beneficiary.
``(6) Treatment after death of account beneficiary.--
``(A)  Treatment if designated beneficiary is spouse.--If
the account beneficiary's surviving spouse acquires such
beneficiary's interest in a farm savings account by reason of
being the designated beneficiary of such account at the death
of the account beneficiary, such farm savings account shall
be treated as if the spouse were the account beneficiary.
``(B) Other cases.--
``(i) In general.--If, by reason of the death of the
account beneficiary, any person acquires the account
beneficiary's interest in a farm savings account in a case to
which subparagraph (A) does not apply--

``(I) such account shall cease to be a farm savings account
as of the date of death, and
``(II) an amount equal to the fair market value of the
assets in such account on such date shall be included if such
person is not the estate of such beneficiary, in such
person's gross income for the taxable year which includes
such date, or if such person is the estate of such
beneficiary, in such beneficiary's gross income for the last
taxable year of such beneficiary.

``(ii) Deduction for estate taxes.--An appropriate
deduction shall be allowed under section 691(c) to any person
(other than the decedent or the decedent's spouse) with
respect to amounts included in gross income under clause (i)
by such person.
``(i) Reports.--The Secretary may require the trustee of a
farm savings account to make such reports regarding such
account to the Secretary and to the account beneficiary with
respect to contributions, distributions, and such other
matters as the Secretary determines appropriate. The reports
required by this subsection shall be filed at such time and
in such manner and furnished to such taxpayers at such time
and in such manner as may be required by the Secretary.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes
Other Deductions.--Subsection (a) of section 62, as amended
by this Act, is amended by inserting after paragraph (22) the
following new paragraph:
``(23) Farm savings accounts.--The deduction allowed by
section 200.''.

(c) Tax on Excess Contributions.--Section 4973 (relating to
tax on excess contributions to certain tax-favored accounts
and annuities) is amended--
(1) by striking ``or'' at the end of subsection (a)(4), by
inserting ``or'' at the end of subsection (a)(5), and by
inserting after subsection (a)(5) the following new
paragraph:
``(6) a farm savings account (within the meaning of section
200(e)),'', and
(2) by adding at the end the following new subsection:
``(h) Excess Contributions to Farm Savings Accounts.--For
purposes of this section, in the case of farm savings
accounts (within the meaning of section 200(e)), the term
`excess contribution' means the sum of--
``(1) the aggregate amount contributed for the taxable year
to the accounts (other than rollover contributions described
in section 200(h)(4)) which is not allowable as a deduction
under section 200 for such year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts with respect to
which additional tax was imposed under section 200(h)(2), and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a deduction under
section 200(c) for the taxable year, over
``(ii) the amount contributed to the accounts for the
taxable year.
For purposes of this subsection, any contribution which is
distributed out of the farm savings account in a distribution
to which section 200(h)(3) applies shall be treated as an
amount not contributed.''.
(d) Tax on Prohibited Transactions.--
(1) Section 4975(c) (relating to tax on prohibited
transactions) is amended by adding at the end the following
new paragraph:
``(7) Special rule for farm savings accounts.--An taxpayer
for whose benefit a farm savings account (within the meaning
of section 200(e)) is established shall be exempt from the
tax imposed by this section with respect to any transaction
concerning such account (which would otherwise be taxable
under this section) if, with respect to such transaction, the
account ceases to be a farm savings account by reason of the
application of section 200(f)(2) to such account.''.
(2) Section 4975(e)(1) of such Code is amended by
redesignating subparagraphs (F) and (G) as subparagraphs (G)
and (H), respectively, and by inserting after subparagraph
(E) the following new subparagraph:
``(F) a farm savings account described in section
200(e),''.
(e) Failure to Provide Reports on Farm Savings Accounts.--
Section 6693(a)(2) (relating to reports) is amended by
redesignating subparagraphs (D) and (E) as subparagraphs (E)
and (F), respectively, and by inserting after subparagraph
(C) the following new subparagraph:
``(D) section 200(i) (relating to farm savings
accounts),''.
(f) Clerical Amendment.--The table of sections for part VI
of subchapter B of chapter 1 is amended by inserting after
the item relating to section 199 the following new item:
``Sec. 200. Farm savings accounts.''.
(g) Conforming Amendments to Federal Crop Insurance Act.--
(1) Establishment of pilot program; payment of portion of
premium by federal crop insurance corporation.--Section
523(e) of the Federal Crop Insurance Act (7 U.S.C. 1523(e))
is amended by adding at the end the following new subsection:
``(f) Farm Savings Account Pilot Program.--
``(1) In general.--The Secretary shall establish a pilot
program under which the Secretary enters into agreements with
producers to receive contributions to farm savings accounts
established under section 200 of the Internal Revenue Code of
1986 in lieu of--
``(A) receiving, after the expiration of any transition
period applicable to the producer under paragraph (2), any
Federal subsidy toward the premium of any crop insurance
policy, or
``(B) obtaining noninsured crop disaster assistance under
section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333).
``(2) Limitations on enrollment.--
``(A) In general.--The Secretary shall enroll not more than
20,000 producers under the pilot program established under
paragraph (1).
``(B) Date.--The Secretary shall not enroll any producer in
the pilot program established under paragraph (1) after
September 30, 2012.

[[Page S14216]]

``(3) Transition to farm savings accounts.--If a producer
enters into an agreement under paragraph (1) to forgo any
Federal subsidy toward the premium of any crop insurance
policy (other than catastrophic risk protection under section
508(b)) in exchange for contributions by the Secretary to a
farm savings account of the producer, then, in connection
with the purchase of any crop insurance policy (other than
catastrophic risk protection under section 508(b)) during the
first 3 taxable years for which the Secretary makes
contributions under 200(g) of the Internal Revenue Code of
1986 to a farm savings account of the producer, the amount of
the premium to be paid by the Corporation under section
508(e) for such insurance policy shall be equal to--
``(A) for the first taxable year, 75 percent of the amount
of the premium that would otherwise be paid by the
Corporation under section 508(e);
``(B) for the second taxable year, 50 percent of the amount
of the premium that would otherwise be paid by the
Corporation under section 508(e); and
``(C) for the third taxable year, 25 percent of the amount
of the premium that would otherwise be paid by the
Corporation under section 508(e).
``(4) Crop insurance coverage.--
``(A) In general.--During the transition period applicable
to a producer under paragraph (3), the producer would be
covered with any claim at the same level of coverage
purchased, but subject to the condition that any claim would
first use amounts in the farm savings accounts of a producer
before conventional crop insurance would make any payment, if
necessary.
``(B) Catastrophic coverage.--If a producer with a farm
savings account would be covered under catastrophic risk
protection under section 508(b) of the Federal Crop Insurance
Act or under the noninsured crop assistance program under
section 196 of the Federal Agriculture Improvement and Reform
Act, such producer shall be covered with respect to such
claim under such protection or program, but subject to the
condition that any claim would first use amounts in the farm
savings accounts of a producer before any payment was made
with respect to such claim.''.
(2) Funding source.--Section 516(b) of such Act (7 U.S.C.
1516(b)) is amended by adding at the end the following new
paragraph:
``(3) Contributions to farm savings accounts.--The
Secretary shall use the insurance fund established under
subsection (c) to make required contributions to farm savings
accounts established under section 200 of the Internal
Revenue Code of 1986 in accordance with section 523(f).''.
(h) Conforming Amendment to Agricultural Market Transition
Act.--Section 196(i) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333) is amended by adding
at the end the following new paragraph:
``(6) Coordination with farm savings account pilot
program.--No person who has entered into an agreement with
the Secretary under the farm savings account pilot program
under section 523(f) of the Federal Crop Insurance Act shall
be eligible to receive any noninsured assistance payment
under this section.''.
(i) Effective Date.--The amendments made by this section
shall apply to taxable years ending after the date of the
enactment of this Act.

____________________