S.Amdt. 3774

TEXT OF AMENDMENTS

SA 3679. Mr. KENNEDY 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:

[[Page S14503]]

SEC. __. CHILDHOOD OBESITY STUDY.

(a) Sense of the Senate.--It is the sense of the Senate
that there needs to be a coordinated effort to understand the
various factors which impact childhood obesity including the
effect of the subsidization of commodities on Federal
nutrition programs as well as the role of marketing in
childhood obesity.
(b) Study.--
(1) In general.--The Government Accountability Office
shall--
(A) conduct a study to assess the effect of Federal
nutrition assistance programs and agricultural policies on
the prevention of childhood obesity, and prepare a report on
the results of such study that shall include a description
and evaluation of the content and impact of Federal
agriculture subsidy and commodity programs and policies as
such relate to Federal nutrition programs;
(B) make recommendations to guide or revise Federal
policies for ensuring access to nutritional foods in Federal
nutrition assistance programs; and
(C) complete the activities provided for under this section
not later than 18 months after the date of enactment of this
section.
(2) Institute of medicine study.--
(A) In general.--Not later than 6 months after the date of
enactment of this section, the Secretary of Health and Human
Services shall request that the Institute of Medicine (or
similar organization) conduct a study and make
recommendations on guidelines for nutritional food and
physical activity advertising and marketing to prevent
childhood obesity. In conducting such study the Institute of
Medicine shall--
(i) evaluate children's advertising and marketing
guidelines and evidence-based literature relating to the
impact of advertising on nutritional foods and physical
activity in children and youth; and
(ii) make recommendations on national guidelines for
advertising and marketing practices relating to children and
youth that--

(I) reduce the exposure of children and youth to
advertising and marketing of foods of poor or minimal
nutritional value and practices that promote sedentary
behavior; and
(II) increase the number of media messages that promote
physical activity and sound nutrition.

(B) Guidelines.--Not later than 2 years after the date of
enactment of this section, the Institute of Medicine shall
submit to the appropriate committees of Congress the final
report concerning the results of the study, and making the
recommendations, required under this paragraph.
______

SA 3680. Mr. CARDIN (for himself and Mr. Casey) submitted an
amendment intended to be proposed to amendment SA 3609 submitted by Mr.
Casey (for himself and Mr. Cardin) and intended to be proposed to the
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

On page 1 of the amendment, strike line 4 and insert the
following:
(a) Savings.--Any savings realized by the amendment made by
subsection (b) shall be used by the Secretary to provide
matching funds under section 524(b)(4)(C) of the Federal Crop
Insurance Act (7 U.S.C. 1524(b)(4)(C) (as added by section
1921).
(b) Enterprise and Whole Farm Units.--Section 508(e) of the
Federal Crop Insurance Act (7
______

SA 3681. Mr. CARDIN (for himself and Ms. Mikulski) 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 D of title VII, add the following:

SEC. 73__. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.

Title III of the Department of Agriculture Reorganization
Act of 1994 is amended by adding after section 309 (as added
by section 7402) the following:

``SEC. 310. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.

``(a) Establishment.--To enhance the use of real property
administered by agencies of the Department, the Secretary may
establish a pilot program, in accordance with this section,
at the Henry A. Wallace Beltsville Agricultural Research
Center of the Agricultural Research Service and the National
Agricultural Library to lease property of the Center or the
Library to any individual or entity, including agencies or
instrumentalities of State or local governments.
``(b) Requirements.--
``(1) In general.--Notwithstanding chapter 5 of subtitle I
of title 40, United States Code, the Secretary may lease real
property at the Beltsville Agricultural Research Center or
the National Agricultural Library in accordance with such
terms and conditions as the Secretary may prescribe, if the
Secretary determines that the lease--
``(A) is consistent with, and will not adversely affect,
the mission of the Department agency administering the
property;
``(B) will enhance the use of the property;
``(C) will not permit any portion of Department agency
property or any facility of the Department to be used for
retail, wholesale, commercial, or residential development;
``(D) will not provide authority for the development or
improvement of any new property or facility by any Department
agency; and
``(E) will not include any property or facility required
for any Department agency purpose without prior written
authority.
``(2) Term.--The term of the lease under this section shall
not exceed 50 years.
``(3) Consideration.--
``(A) In general.--Consideration provided for a lease under
this section shall be--
``(i) in an amount equal to fair market value, as
determined by the Secretary; and
``(ii) in the form of cash.
``(B) Use of funds.--
``(i) In general.--Consideration provided for a lease under
this section shall be--

``(I) deposited in a capital asset account to be
established by the Secretary; and
``(II) available until expended, without further
appropriation, for maintenance, capital revitalization, and
improvements of the Department properties and facilities
covered by the lease.

``(ii) Budgetary treatment.--For purposes of the budget,
the amounts described in clause (i) shall not be treated as a
receipt of any Department agency or any other agency leasing
property under this section.
``(4) Costs.--The lessee shall cover all costs associated
with a lease under this section, including the cost of--
``(A) the project to be carried out on property or at a
facility covered by the lease;
``(B) provision and administration of the lease;
``(C) construction of any applicable real property;
``(D) provision of applicable utilities; and
``(E) any other facility cost normally associated with the
operation of a leased facility.
``(5) Prohibition of use of appropriations.--The Secretary
shall not use any funds made available to the Secretary in an
appropriations Act for the construction or operating costs of
any property or facility covered by a lease under this
section.
``(c) Effect of Other Laws.--
``(1) Utilization.--Property that is leased pursuant to
this section shall not be considered to be unutilized or
underutilized for purposes of section 501 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11411).
``(2) Disposal.--Property at the Beltsville Agricultural
Research Center or the National Agricultural Library that is
leased pursuant to this section shall not be considered to be
disposed of by sale, lease, rental, excessing, or surplusing
for purposes of section 523 of Public Law 100-202 (101 Stat.
1329-417).
``(d) Reports.--
``(1) Fiscal years 2008 through 2013.--For each of fiscal
years 2008 through 2013, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate an annual report describing the implementation of the
pilot program under this section during the preceding fiscal
year, including--
``(A) a copy of each lease entered into pursuant to this
section;
``(B) an assessment by the Secretary of the success of the
pilot program in promoting the mission of the Beltsville
Agricultural Research Center and the National Agricultural
Library; and
``(C) recommendations regarding whether the pilot program
should be expanded or improved with respect to other
Department activities.
``(2) Fiscal year 2014 and thereafter.--For fiscal year
2014 and every 5 fiscal years thereafter, the Secretary shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report described in paragraph
(1) relating to the preceding 5-fiscal-year period.''.
______

SA 3682. Mrs. FEINSTEIN (for herself and 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:

In section 1704, strike subsection (c) and insert the
following:
(c) Modification of Limitation.--Section 1001D of the Food
Security Act of 1985 (7 U.S.C. 1308-3a) is amended by
striking subsection (b) and inserting the following:
``(b) Limitation.--
``(1) In general.--Notwithstanding any other provision of
law, an individual or entity shall not be eligible to receive
any benefit described in paragraph (2) during any of the 2009
and subsequent crop years if the average adjusted gross
income of the individual or entity exceeds $500,000.
``(2) Covered benefits.--Paragraph (1) applies with respect
to the following:
``(A) A direct payment or counter-cyclical payment under
part I or III of subtitle A of title I of the Food and Energy
Security Act of 2007.

[[Page S14504]]

``(B) A marketing loan gain or loan deficiency payment
under part II or III of subtitle A of title I of the Food and
Energy Security Act of 2007.
``(C) An average crop revenue payment under subtitle B of
title I of Food and Energy Security Act of 2007.''.
In section 1704, add at the end the following:
(e) Savings.--The Secretary shall ensure, to the maximum
extent practicable, that any savings resulting from the
amendment made by subsection (c) are used in the State in
which the savings were realized to provide additional funding
in that State for, as determined by the Secretary--
(1) the environmental quality incentives program
established under chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et seq.); or
(2) the grassland reserve program established under
subchapter C of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838n et seq.).
______

SA 3683. 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 title I, insert the following:

Subtitle H--Flexible State Funds

SEC. 1941. OFFSET.

(a) Offset.--
(1) In general.--Except as provided in paragraph (3) and
notwithstanding any other provision of this Act, for the
period beginning on October 1, 2007, and ending on September
30, 2017, the Secretary shall reduce the total amount of
payments described in paragraph (2) received by the producers
on a farm by 30 percent.
(2) Payment.--A payment described in this paragraph is a
payment in an amount of more than $10,000 for the crop year
that is--
(A) a direct payment for a covered commodity or peanuts
received by the producers on a farm for a crop year under
section 1103 or 1303; or
(B) the fixed payment component of an average crop revenue
payment for a covered commodity or peanuts received by the
producers on a farm for a crop year under section 1401(b)(2).
(3) Application.--This subsection does not apply to a
payment provided under a contract entered into by the
Secretary before the date of enactment of this Act.
(b) Savings.--The Secretary shall ensure, to the maximum
extent practicable, that any savings resulting from
subsection (a) are used to carry out section 379F of the
Consolidated Farm and Rural Development Act (as added by
section 1942) for each of fiscal years 2008 through 2012.

SEC. 1942. GRANTS TO IMPROVE TECHNICAL INFRASTRUCTURE AND
IMPROVE QUALITY OF RURAL HEALTH CARE
FACILITIES.

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

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

``(a) Definitions.--In this section:
``(1) Health information technology.--The term `health
information technology' includes total expenditures incurred
for--
``(A) purchasing, leasing, and installing computer software
and hardware, including handheld computer technologies, and
related services;
``(B) making improvements to computer software and
hardware;
``(C) purchasing or leasing communications capabilities
necessary for clinical data access, storage, and exchange;
``(D) services associated with acquiring, implementing,
operating, or optimizing the use of computer software and
hardware and clinical health care informatics systems;
``(E) providing education and training to rural health
facility staff on information systems and technology designed
to improve patient safety and quality of care; and
``(F) purchasing, leasing, subscribing, or servicing
support to establish interoperability that--
``(i) integrates patient-specific clinical data with well-
established national treatment guidelines;
``(ii) provides continuous quality improvement functions
that allow providers to assess improvement rates over time
and against averages for similar providers; and
``(iii) integrates with larger health networks.
``(2) Rural area.--The term `rural area' means any area of
the United States that is not--
``(A) included in the boundaries of any city, town,
borough, or village, whether incorporated or unincorporated,
with a population of more than 20,000 residents; or
``(B) an urbanized area contiguous and adjacent to such a
city, town, borough, or village.
``(3) Rural health facility.--The term `rural health
facility' means any of--
``(A) a hospital (as defined in section 1861(e) of the
Social Security Act (42 U.S.C. 1395x(e)));
``(B) a critical access hospital (as defined in section
1861(mm) of that Act (42 U.S.C. 1395x(mm)));
``(C) a Federally qualified health center (as defined in
section 1861(aa) of that Act (42 U.S.C. 1395x(aa))) that is
located in a rural area;
``(D) a rural health clinic (as defined in that section (42
U.S.C. 1395x(aa)));
``(E) a medicare-dependent, small rural hospital (as
defined in section 1886(d)(5)(G) of that Act (42 U.S.C.
1395ww(d)(5)(G))); and
``(F) a physician or physician group practice that is
located in a rural area.
``(b) Establishment of Program.--Using amounts provided
under section 1941(b) of the Food and Energy Security Act of
2007, the Secretary shall establish a program under which the
Secretary shall provide grants to rural health facilities for
the purpose of assisting the rural health facilities in--
``(1) purchasing health information technology to improve
the quality of health care or patient safety; or
``(2) otherwise improving the quality of health care or
patient safety, including through the development of--
``(A) quality improvement support structures to assist
rural health facilities and professionals--
``(i) to increase integration of personal and population
health services; and
``(ii) to address safety, effectiveness, patient- or
community-centeredness, timeliness, efficiency, and equity;
and
``(B) innovative approaches to the financing and delivery
of health services to achieve rural health quality goals.
``(c) Amount of Grant.--The Secretary shall determine the
amount of a grant provided under this section.
``(d) Provision of Information.--A rural health facility
that receives a grant under this section shall provide to the
Secretary such information as the Secretary may require--
``(1) to evaluate the project for which the grant is used;
and
``(2) to ensure that the grant is expended for the purposes
for which the grant was provided.''.
______

SA 3684. 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 172, strike line 5 and all that follows
through page 173, line 12 and insert the following:
``(a) Program Required.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary of Agriculture (referred to in this section as the
`Secretary') shall establish a program under which milk
producers and cooperative associations of producers are
authorized to voluntarily enter into forward price contracts
with milk handlers.
``(2) Identification of certain regions.--
``(A) In general.--Subject to subparagraph (C), the
Secretary shall identify regions in which a dairy producer
has 3 or less viable purchasers of milk within typical
transportation distances, as determined by the Secretary.
``(B) Limitation.--Subject to subparagraph (C), in
establishing the program under paragraph (1), the Secretary
shall allow producers and cooperative associations in regions
identified by the Secretary under subparagraph (A) to enter
into forward contracts for not more than 50 percent of the
annual purchases of the producers and cooperative
associations.
``(C) Modifications.--If the Secretary determines that it
could improve competition or make anti-competitive behavior
less likely, the Secretary may--
``(i) increase the number of viable purchasers that may be
considered under subparagraph (A); or
``(ii) decrease the percentage of forward contracts
described in subparagraph (B).
``(3) Submission of contracts.--
``(A) In general.--As a condition of entering into a
forward price contract described in paragraph (1), not later
than 30 days after the date on which a milk producer or
cooperative association of producers enters into the
contract, the milk handler shall submit to the Secretary--
``(i) a copy of the contract; and
``(ii) such other supporting information as is necessary
for the Secretary to fulfill the reporting requirements of
subsection (f), as determined by the Secretary.
``(B) Administration.--Section 8d applies to a contract
submitted under subparagraph (A).'';
(3) in subsection (c)--
(A) in the subsection heading, by striking ``Pilot''; and
(B) in paragraph (1), by striking ``pilot'';
(4) by striking subsections (d) and (e); and
(5) by adding at the end the following:
``(d) Voluntary Program.--
``(1) In general.--A milk handler may not require
participation in a forward price contract as a condition of
the handler receiving milk from a producer or cooperative
association of producers.
``(2) Effect of nonparticipation.--A producer or
cooperative association that does not enter into a forward
price contract may

[[Page S14505]]

continue to have milk priced under the minimum payment
provisions of the applicable milk marketing order.
``(3) Complaints.--The Secretary shall--
``(A) investigate complaints made by producers or
cooperative associations of coercion by handlers to enter
into forward price contracts; and
``(B) if the Secretary finds evidence of coercion, take
appropriate action.
``(e) Duration.--No forward price contract under this
section may--
``(1) be entered into after September 30, 2012; or
``(2) may extend beyond September 30, 2015.
``(f) Reporting Requirements.--
``(1) Monthly price and volume reports.--Each month, the
Secretary shall make available to the public a report
containing statistics on the volume and price of forward
contracts during the preceding month, organized by--
``(A) State, if the number of contracts in the State is
large enough to maintain confidentiality, as determined by
the Secretary; or
``(B) region.
``(2) Annual report.--Each year, the Secretary shall make
available to the public a report that--
``(A) includes a summary and analysis of the monthly price
reports;
``(B) analyzes contract terms and price differentials based
on the volume and length of the forward contracts; and
``(C) describes, by State or smaller area if possible (as
determined by the Secretary), the percentage of milk under
forward contracts.''.
______

SA 3685. 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 B of title XI, add the following:

SEC. 11___. GAO REPORT ON ACCESS TO HEALTH CARE FOR FARMERS.

(a) Report.--Not later than November 30, 2008, the
Comptroller General of the United States shall submit to
Congress a report on access to health care for rural
Americans and farmers.
(b) Consultation.--The report shall be done in consultation
with the Rural Health Research Centers in the Department of
Health and Human Services Office of Rural Health Policy.
(c) Elements.--The report required by subsection (a) shall
include the following:
(1) Assessment.--An assessment of access to health care for
rural Americans, including the following:
(A) An overview of the rates of the uninsured among people
living in rural areas in the United States and possible
factors that cause the uninsurance, specifically--
(i) a synthesis of existing research on the uninsured
living in rural America; and
(ii) a detailed analysis of the uninsured and the factors
that contribute in uninsurance in 3 to 4 rural areas.
(2) Second assessment.--An assessment of access to health
care for farmers, including the following:
(A) An overview of the rates of the uninsured among farmers
in the United States and the factors that cause the
uninsurance, specifically--
(i) factors, such as land assets, that keep low-income
farmers from qualifying for public insurance programs;
(ii) the effects of the high price of health insurance for
individuals purchasing in the individual, non-group market;
and
(iii) any other significant factor that contributes to the
rates of uninsurance among farmers.
(B) The extent to which farmers depend on a spouse's off-
farm job for health care coverage.
(C) The effects of uninsurance on farmers and their
families.
(3) Role of congress.--Recommendations regarding the
potential role of Congress in supporting increased access to
health insurance for farmers and their families, and rural
Americans.
______

SA 3686. Mr. FEINGOLD (for himself and Mr. Kohl) submitted an
amendment intended to be proposed to amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

On page 1208, between lines 10 and 11, insert the
following:

SEC. 10004. DISCLOSURE OF COUNTRY OF HARVEST FOR GINSENG.

(a) In General.--The Agricultural Marketing Act of 1946 (7
U.S.C. 1621 et seq.) is amended by adding at the end the
following:

``Subtitle E--Ginseng

``SEC. 291. DISCLOSURE OF COUNTRY OF HARVEST.

``(a) Definitions.--In this section:
``(1) Ginseng.--The term `ginseng' means a plant classified
within the genus Panax.
``(2) Raw agricultural commodity.--The term `raw
agricultural commodity' has the meaning given the term in
section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) Disclosure.--
``(1) In general.--A person that offers ginseng for sale as
a raw agricultural commodity or dehydrated whole root shall
disclose to a potential purchaser the country of harvest of
the ginseng.
``(2) Importation.--A person that imports ginseng as a raw
agricultural commodity or dehydrated whole root into the
United States shall disclose at the point of entry into the
United States, in accordance with section 304 of the Tariff
Act of 1930 (19 U.S.C. 1304), the country in which the
ginseng was harvested.
``(c) Manner of Disclosure.--
``(1) In general.--The disclosure required by subsection
(b) shall be provided to a potential purchaser by means of a
label, stamp, mark, placard, or other easily legible and
visible sign on the ginseng or on the package, display,
holding unit, or bin containing the ginseng.
``(2) Retailers.--A retailer of ginseng as a raw
agricultural commodity shall--
``(A) retain the means of disclosure provided under
subsection (b); and
``(B) provide the received means of disclosure to a
consumer of ginseng.
``(3) Regulations.--The Secretary shall by regulation
prescribe with specificity the manner in which disclosure
shall be made in a transaction at the wholesale or retail
level (including a transaction by mail, telephone, internet,
or in retail stores).
``(d) Fines.--The Secretary may, after providing notice and
an opportunity for a hearing before the Secretary, fine a
person subject to subsection (b), or a person supplying
ginseng to such a person, in an amount of not more than
$1,000 for each violation if the Secretary determines that
the person--
``(1) has not made a good faith effort to comply with
subsection (b); and
``(2) continues to willfully violate subsection (b).
``(e) Information.--The Secretary shall make information
available to wholesalers, importers, retailers, trade
associations, and other interested persons concerning the
requirements of this section (including regulations
promulgated to carry out this section).''.
(b) Effective Date.--This section and the amendments made
by this section take effect on the date that is 180 days
after the date of enactment of this Act.
______

SA 3687. Mr. CORNYN 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 1391, strike line 24 and all that follows
through page 1392, line 7, and insert the following:
``(1) In general.--There are appropriated to the
Agriculture Disaster Relief Trust Fund amounts equivalent to
the excess of--
``(A) 3.34 percent of the amounts received in the general
fund of the Treasury of the United States during fiscal years
2008 through 2012 attributable to the duties collected on
articles entered, or withdrawn from warehouse, for
consumption under the Harmonized Tariff Schedule of the
United States, over
``(B) the sum of any amounts appropriated and designated as
an emergency requirement during such fiscal years for
assistance payments to eligible producers with respect to any
losses described in subsections (b), (c), (d), or (e) of
section 901.
______

SA 3688. Mr. KOHL (for himself, Ms. Snowe, and Mr. Leahy) 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 the bill, insert the following:

TITLE XIII--HOUSING ASSISTANCE COUNCIL

SEC. 13001. SHORT TITLE.

This title may be cited as the ``Housing Assistance Council
Authorization Act of 2007''.

SEC. 13002. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.

(a) Use.--The Secretary of Housing and Urban Development
may provide financial assistance to the Housing Assistance
Council for use by such Council to develop the ability and
capacity of community-based housing development organizations
to undertake community development and affordable housing
projects and programs in rural areas. Assistance provided by
the Secretary under this section may be used by the Housing
Assistance Council for--
(1) technical assistance, training, support, and advice to
develop the business and administrative capabilities of rural
community-based housing development organizations;

[[Page S14506]]

(2) loans, grants, or other financial assistance to rural
community-based housing development organizations to carry
out community development and affordable housing activities
for low- and moderate-income families; and
(3) such other activities as may be determined by the
Housing Assistance Council.
(b) Authorization of Appropriations.--There is authorized
to be appropriated for financial assistance under this
section for the Housing Assistance Council--
(1) $10,000,000 for fiscal year 2008; and
(2) $15,000,000 for each of fiscal years 2009 and 2010.

SEC. 13003. AUDITS AND REPORTS.

(a) Audit.--In any year in which the Housing Assistance
Council receives funds under this title, the Comptroller
General of the United States shall--
(1) audit the financial transactions and activities of such
Council only with respect to such funds so received; and
(2) submit a report detailing such audit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives.
(b) GAO Report.--The Comptroller General of the United
States shall conduct a study and submit a report to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representative on the use of any funds appropriated to the
Housing Assistance Council over the past 10 years.

SEC. 13004. PERSONS NOT LAWFULLY PRESENT IN THE UNITED
STATES.

None of the funds made available under this title may be
used to provide direct housing assistance to any person not
lawfully present in the United States.
______

SA 3689. Mr. REED (for himself and Mr. Whitehouse) 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 20 of the amendment, after line 12, insert the
following:
(c) Effect of Section.--Nothing in this section or an
amendment made by this section limits the authority of any
State to enforce a requirement that is more stringent than
the requirements of this section and the amendment made by
this section, if the State requirement is in existence on the
date of enactment of this Act.
______

SA 3690. Mr. REED submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

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

SEC. 11___. INCLUSION OF SUBAQUEOUS SOILS.

Section 9 of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590i) is amended--
(1) by striking the section designation and heading and all
that follows through ``The Secretary is authorized to'' and
inserting the following:

``SEC. 9. SURVEYS, INVESTIGATIONS, AND REPORTS.

``(a) In General.--The Secretary may'';
(2) in the second sentence, by striking ``Notwithstanding''
and inserting the following:
``(b) Publication of Information.--Notwithstanding''; and
(3) by adding at the end the following:
``(c) Inclusion of Subaqueous Soils.--
``(1) Definition of subaqueous soil.--In this subsection,
the term `subaqueous soil' means any soil that forms in a
shallow (typically less than 2.5 meters deep), permanently
flooded environment.
``(2) Requirement.--In carrying out a soil survey pursuant
to this Act, the Secretary shall include an analysis of
subaqueous soils in the region subject to the survey, as
applicable.
``(3) Standards.--
``(A) In general.--As soon as practicable after the date of
enactment of this subsection, the Secretary, acting through
the Chief of the Natural Resources Conservation Service,
shall develop standards (including protocols, nomenclature,
and interpretive materials) for the collection and
maintenance of information relating to subaqueous soils in
the United States for purposes of this subsection.
``(B) Consultation.--The Secretary, acting through the
Chief of the Natural Resources Conservation Service, shall
develop the standards under subparagraph (A) in consultation
with appropriate Federal, State, and local agencies,
nongovernmental organizations, and institutions of higher
education.
``(4) Center for subaqueous soil mapping, rhode island.--
``(A) Establishment.--The Secretary, acting through the
Chief of the Natural Resources Conservation Service, shall
establish a center for subaqueous soil mapping in the State
of Rhode Island.
``(B) Duties.--The center established under subparagraph
(A) shall--
``(i) provide technology transfer leadership relating to
subaqueous soil mapping throughout the United States,
including by developing standards (including protocols,
nomenclature, and interpretive materials) and mapping
technologies relating to subaqueous soil mapping; and
``(ii) provide training and information to--

``(I) soil scientists employed by the Natural Resources
Conservation Service; and
``(II) other individuals and entities involved in
subaqueous soil mapping.''.

______

SA 3691. Mr. ENZI (for himself, Mr. Dorgan, Mr. Grassley, Mr. Conrad,
Mr. Johnson, Mr. Tester, and Mr. Barrasso) 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 1234, between lines 11 and 12, insert the
following:

SEC. 102__. LIMITATION ON USE OF FORWARD CONTRACTS.

(a) In General.--Section 202 of the Packers and Stockyards
Act, 1921 (7 U.S.C. 192) (as amended by section 10207(a)), is
amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g)(1) Use, in effectuating any sale of livestock, a
forward contract that--
``(A) does not contain a firm base price that may be
equated to a fixed dollar amount on the day on which the
forward contract is entered into;
``(B) is not offered for bid in an open, public manner
under which--
``(i) buyers and sellers have the opportunity to
participate in the bid; more than 1 blind bid is solicited;
and buyers and sellers may witness bids that are made and
accepted;
``(ii) is based on a formula price; or
``(iii) provides for the sale of livestock in a quantity in
excess of--
``(I)(aa) in the case of cattle, 40 cattle;
``(bb) in the case of swine, 30 swine; and
``(cc) in the case of other types of livestock, a
comparable quantity of the type of livestock determined by
the Secretary; or
``(II) such other quantity, as determined appropriate by
the Secretary, except that
``(2) paragraph (1) shall not apply to--
``(A) a cooperative or entity owned by a cooperative, if a
majority of the ownership interest in the cooperative is held
by active cooperative members that--
``(i) own, feed, or control livestock; and
``(ii) provide the livestock to the cooperative for
slaughter;
``(B) a packer that is not required to report to the
Secretary on each reporting day (as defined in section 212 of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a))
information on the price and quantity of livestock purchased
by the packer; or
``(C) a packer that owns 1 livestock processing plant;''.
(b) Definitions.--Section 2(a) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 182(a)) (as amended by section
10203) is amended--
(1) by redesignating paragraphs (5) through (18) as
paragraphs (7) through (20), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) Formula price.--
``(A) In general.--The term `formula price' means any price
term that establishes a base from which a purchase price is
calculated on the basis of a price that will not be
determined or reported until a date after the day the forward
price is established.
``(B) Exclusion.--The term `formula price' does not
include--
``(i) any price term that establishes a base from which a
purchase price is calculated on the basis of a futures market
price; or
``(ii) any adjustment to the base for quality, grade, or
other factors relating to the value of livestock or livestock
products that are readily verifiable market factors and are
outside the control of the packer.
``(6) Forward contract.--The term `forward contract' means
an oral or written contract for the purchase of livestock
that provides for the delivery of the livestock to a packer
at a date that is more than 7 days after the date on which
the contract is entered into, without regard to whether the
contract is for--
``(A) a specified lot of livestock; or
``(B) a specified number of livestock over a certain period
of time.''.
______

SA 3692. Mr. LOTT 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 1587, after line 18, add the following:

[[Page S14507]]

Subtitle G--Temporary Repeal of Individual AMT

SEC. 12701. TEMPORARY REPEAL OF INDIVIDUAL ALTERNATIVE
MINIMUM TAX.

(a) In General.--Section 55(a) (relating to alternative
minimum tax imposed) is amended by adding at the end the
following new flush sentence:

``For purposes of this title, the tentative minimum tax on
any taxpayer other than a corporation for any taxable year
beginning after December 31, 2006, and before January 1,
2009, shall be zero.''.
(b) Modification of Limitation on Use of Credit for Prior
Year Minimum Tax Liability.--Subsection (c) of section 53
(relating to credit for prior year minimum tax liability) is
amended to read as follows:
``(c) Limitation.--
``(1) In general.--Except as provided in paragraph (2), the
credit allowable under subsection (a) for any taxable year
shall not exceed the excess (if any) of--
``(A) the regular tax liability of the taxpayer for such
taxable year reduced by the sum of the credits allowable
under subparts A, B, D, E, and F of this part, over
``(B) the tentative minimum tax for the taxable year.
``(2) Taxable years beginning after 2006 and before 2009.--
In the case of any taxable year beginning after 2006 and
before 2009, the credit allowable under subsection (a) to a
taxpayer other than a corporation for any taxable year shall
not exceed 90 percent of the regular tax liability of the
taxpayer for such taxable year reduced by the sum of the
credits allowable under subparts A, B, D, E, and F of this
part.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2006.

Subtitle H--Extension of Certain Expiring Provisions Through 2009

SEC. 12801. RESEARCH CREDIT.

(a) In General.--Subparagraph (B) of section 41(h)(1)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Conforming Amendment.--Subparagraph (D) of section
45C(b)(1) (relating to qualified clinical testing expenses)
is amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred after December 31,
2007.

SEC. 12802. INDIAN EMPLOYMENT CREDIT.

(a) In General.--Subsection (f) of section 45A (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.

SEC. 12803. NEW MARKETS TAX CREDIT.

Subparagraph (D) of section 45D(f)(1) (relating to national
limitation on amount of investments designated) is amended by
striking ``and 2008'' and inserting ``2008, and 2009''.

SEC. 12804. RAILROAD TRACK MAINTENANCE.

(a) In General.--Subsection (f) of section 45G (relating to
application of section) is amended by striking ``January 1,
2008'' and inserting ``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to expenditures paid or incurred during taxable
years beginning after December 31, 2007.

SEC. 12805. MORTGAGE INSURANCE PREMIUMS TREATED AS INTEREST.

(a) In General.--Subclause (I) of section 163(h)(3)(E)(iv)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts paid or accrued after December 31,
2007.

SEC. 12806. DEDUCTION FOR STATE AND LOCAL SALES TAXES.

(a) In General.--Subparagraph (I) of section 164(b)(5) is
amended by striking ``January 1, 2008'' and inserting
``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.

SEC. 12807. FIFTEEN-YEAR STRAIGHT-LINE COST RECOVERY FOR
QUALIFIED LEASEHOLD IMPROVEMENTS AND QUALIFIED
RESTAURANT PROPERTY.

(a) In General.--Clauses (iv) and (v) of section
168(e)(3)(E) (relating to 15-year property) are each amended
by striking ``January 1, 2008'' and inserting ``January 1,
2010''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2007.

SEC. 12808. SEVEN-YEAR COST RECOVERY PERIOD FOR MOTORSPORTS
RACING TRACK FACILITY.

(a) In General.--Subparagraph (D) of section 168(i)(15)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2007.

SEC. 12809. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON
INDIAN RESERVATION.

(a) In General.--Paragraph (8) of section 168(j) (relating
to termination) is amended by striking ``December 31, 2007''
and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2007.

SEC. 12810. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

(a) In General.--Subsection (h) of section 198 (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to expenditures paid or incurred after December
31, 2007.

SEC. 12811. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME
ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES
IN PUERTO RICO.

(a) In General.--Subparagraph (C) of section 199(d)(8)
(relating to termination) is amended--
(1) by striking ``first 2 taxable years'' and inserting
``first 4 taxable years'', and
(2) by striking ``January 1, 2008'' and inserting ``January
1, 2010''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.

SEC. 12812. DEDUCTION OF QUALIFIED TUITION AND RELATED
EXPENSES.

(a) In General.--Subsection (e) of section 222 (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.

SEC. 12813. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS
TO CONTROLLING EXEMPT ORGANIZATIONS.

(a) In General.--Clause (iv) of section 512(b)(13)(E)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to payments received or accrued after December
31, 2007.

SEC. 12814. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED
INVESTMENT COMPANIES.

(a) Interest-Related Dividends.--Subparagraph (C) of
section 871(k)(1) (defining interest-related dividend) is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(b) Short-Term Capital Gain Dividends.--Subparagraph (C) of
section 871(k)(2) (defining short-term capital gain dividend)
is amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(c) Effective Date.--The amendments made by this section
shall apply to dividends with respect to taxable years of
regulated investment companies beginning after December 31,
2007.

SEC. 12815. EXTENSION AND MODIFICATION OF CREDIT TO HOLDERS
OF QUALIFIED ZONE ACADEMY BONDS.

(a) In General.--Subsection (e) of section 1397E (relating
to limitation on amount of bonds designated) is amended by
striking ``1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005,
2006, and 2007'' and inserting ``each of calendar years 1998
through 2009''.
(b) Modification of Arbitrage Rules.--
(1) In general.--Subsection (g) of section 1397E (relating
to special rules relating to arbitrage) is amended to read as
follows:
``(g) Special Rules Relating to Arbitrage.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if the issuer satisfies the
requirements of section 148 with respect to the proceeds of
the issue.
``(2) Special rule for investments during expenditure
period.--An issue shall not be treated as failing to meet the
requirements of paragraph (1) by reason of any investment of
available project proceeds during the 5-year period described
in subsection (f)(1)(A) (including any extension of such
period under subsection (f)(2)).
``(3) Special rule for reserve funds.--An issue shall not
be treated as failing to meet the requirements of paragraph
(1) by reason of any fund which is expected to be used to
repay such issue if--
``(A) such fund is funded at a rate not more rapid than
equal annual installments,
``(B) such fund is funded in a manner that such fund will
not exceed the amount necessary to repay the issue if
invested at the maximum rate permitted under subparagraph
(C), and
``(C) the yield on such fund is not greater than the
discount rate determined under subsection (d)(3) with respect
to the issue.''.
(2) Application of available project proceeds to other
requirements.--Subsections (d)(1)(A), (d)(2)(A), (f)(1)(A),
(f)(1)(B), (f)(1)(C), and (f)(3) of section 1397E are each
amended by striking ``proceeds'' and inserting ``available
project proceeds''
(3) Available project proceeds defined.--Subsection (i) of
section 1397E (relating to definitions) is amended by adding
at the end the following new paragraph:
``(4) Available project proceeds.--The term `available
project proceeds' means--
``(A) the excess of--
``(i) the proceeds from the sale of an issue, over
``(ii) the issuance costs financed by the issue (to the
extent that such costs do not exceed 2 percent of such
proceeds), and
``(B) the proceeds from any investment of the excess
described in subparagraph (A).''.
(c) Effective Date.--
(1) Extension.--The amendment made by subsection (a) shall
apply to obligations issued after December 31, 2007.
(2) Modification of arbitrage rules.--The amendments made
by subsection (b) shall apply to obligations issued after the
date of the enactment of this Act.

SEC. 12816. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF
COLUMBIA.

(a) Designation of Zone.--

[[Page S14508]]

(1) In general.--Subsection (f) of section 1400 is amended
by striking ``2007'' both places it appears and inserting
``2009''.
(2) Effective date.--The amendments made by this subsection
shall apply to periods beginning after December 31, 2007.
(b) Tax-Exempt Economic Development Bonds.--
(1) In general.--Subsection (b) of section 1400A is amended
by striking ``2007'' and inserting ``2009''.
(2) Effective date.--The amendment made by this subsection
shall apply to bonds issued after December 31, 2007.
(c) Zero Percent Capital Gains Rate.--
(1) In general.--Subsection (b) of section 1400B is amended
by striking ``2008'' each place it appears and inserting
``2010''.
(2) Conforming amendments.--
(A) Section 1400B(e)(2) is amended--
(i) by striking ``2012'' and inserting ``2014'', and
(ii) by striking ``2012'' in the heading thereof and
inserting ``2014''.
(B) Section 1400B(g)(2) is amended by striking ``2012'' and
inserting ``2014''.
(C) Section 1400F(d) is amended by striking ``2012'' and
inserting ``2014''.
(3) Effective dates.--
(A) Extension.--The amendments made by paragraph (1) shall
apply to acquisitions after December 31, 2007.
(B) Conforming amendments.--The amendments made by
paragraph (2) shall take effect on the date of the enactment
of this Act.
(d) First-Time Homebuyer Credit.--
(1) In general.--Subsection (i) of section 1400C is amended
by striking ``2008'' and inserting ``2010''.
(2) Effective date.--The amendment made by this subsection
shall apply to property purchased after December 31, 2007.

SEC. 12817. DISCLOSURE FOR COMBINED EMPLOYMENT TAX REPORTING.

(a) In General.--Subparagraph (B) of section 6103(d)(5)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to disclosures after December 31, 2007.

SEC. 12818. DISCLOSURE OF RETURN INFORMATION TO APPRISE
APPROPRIATE OFFICIALS OF TERRORIST ACTIVITIES.

(a) In General.--Clause (iv) of section 6103(i)(3)(C)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to disclosures after December 31, 2007.

SEC. 12819. DISCLOSURE UPON REQUEST OF INFORMATION RELATING
TO TERRORIST ACTIVITIES.

(a) In General.--Subparagraph (E) of section 6103(i)(7)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to disclosures after December 31, 2007.

SEC. 12820. DISCLOSURE OF RETURN INFORMATION TO CARRY OUT
INCOME CONTINGENT REPAYMENT OF STUDENT LOANS.

(a) In General.--Subparagraph (D) of section 6103(l)(13)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to requests made after December 31, 2007.

SEC. 12821. AUTHORITY FOR UNDERCOVER OPERATIONS.

(a) In General.--Paragraph (6) of section 7608(c) (relating
to application of section) is amended by striking ``January
1, 2008'' each place it appears and inserting ``January 1,
2010''.
(b) Effective Date.--The amendment made by this section
shall take effect on January 1, 2008.

SEC. 12822. INCREASE IN LIMIT ON COVER OVER OF RUM EXCISE TAX
TO PUERTO RICO AND THE VIRGIN ISLANDS.

(a) In General.--Paragraph (1) of section 7652(f) is
amended by striking ``January 1, 2008'' and inserting
``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to distilled spirits brought into the United
States after December 31, 2007.

SEC. 12823. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO
MENTAL HEALTH BENEFITS.

(a) In General.--Paragraph (3) of section 9812(f) (relating
to application of section) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to benefits for services furnished after December
31, 2007.

SEC. 12824. EXTENSION OF ECONOMIC DEVELOPMENT CREDIT FOR
AMERICAN SAMOA.

(a) In General.--Subsection (d) of section 119 of division
A of the Tax Relief and Health Care Act of 2006 is amended--
(1) by striking ``first two taxable years'' and inserting
``first 4 taxable years'', and
(2) by striking ``January 1, 2008'' and inserting ``January
1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.

SEC. 12825. QUALIFIED CONSERVATION CONTRIBUTIONS.

(a) In General.--Clause (vi) of section 170(b)(1)(E)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2007.

SEC. 12826. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS
OF FOOD INVENTORY.

(a) In General.--Clause (iv) of section 170(e)(3)(C)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made after December 31, 2007.

SEC. 12827. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS
OF BOOK INVENTORY TO PUBLIC SCHOOLS.

(a) In General.--Clause (iv) of section 170(e)(3)(D)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made after December 31, 2007.

SEC. 12828. ENHANCED DEDUCTION FOR QUALIFIED COMPUTER
CONTRIBUTIONS.

(a) In General.--Subparagraph (G) of section 170(e)(6)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made during taxable years
beginning after December 31, 2007.

SEC. 12829. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT
PLANS FOR CHARITABLE PURPOSES.

(a) In General.--Subparagraph (F) of section 408(d)(8)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to distributions made in taxable years beginning
after December 31, 2007.

SEC. 12830. BASIS ADJUSTMENT TO STOCK OF S CORPORATIONS
MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY.

(a) In General.--The last sentence of section 1367(a)(2)
(relating to decreases in basis) is amended by striking
``December 31, 2007'' and inserting ``December 31, 2009''.
(b) Technical Amendment Related to Section 1203 of the
Pension Protection Act of 2006.--Subsection (d) of section
1366 is amended by adding at the end the following new
paragraph:
``(4) Application of limitation on charitable
contributions.--In the case of any charitable contribution of
property to which the second sentence of section 1367(a)(2)
applies, paragraph (1) shall not apply to the extent of the
excess (if any) of--
``(A) the shareholder's pro rata share of such
contribution, over
``(B) the shareholder's pro rata share of the adjusted
basis of such property.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to contributions
made in taxable years beginning after December 31, 2007.
(2) Technical amendment.--The amendment made by subsection
(b)shall take effect as if included in the provision of the
Pension Protection Act of 2006 to which it relates.

SEC. 12831. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND
SECONDARY SCHOOL TEACHERS.

(a) In General.--Subparagraph (D) of section 62(a)(2)
(relating to certain expenses of elementary and secondary
school teachers) is amended by striking ``or 2007'' and
inserting ``2007, 2008, or 2009''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
2007.

SEC. 12832. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME
FOR PURPOSES OF EARNED INCOME TAX CREDIT.

(a) In General.--Subclause (II) of section 32(c)(2)(B)(vi)
(defining earned income) is amended by striking ``January 1,
2008'' and inserting ``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years ending after December 31, 2007.

SEC. 12833. MODIFICATION OF MORTGAGE REVENUE BONDS FOR
VETERANS.

(a) Qualified Mortgage Bonds Used To Finance Residences for
Veterans Without Regard to First-Time Homebuyer
Requirement.--Subparagraph (D) of section 143(d)(2) (relating
to exceptions) is amended by striking ``January 1, 2008'' and
inserting ``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to bonds issued after December 31, 2007.

SEC. 12834. DISTRIBUTIONS FROM RETIREMENT PLANS TO
INDIVIDUALS CALLED TO ACTIVE DUTY.

(a) In General.--Clause (iv) of section 72(t)(2)(G) is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to individuals ordered or called to active duty
on or after December 31, 2007.

SEC. 12835. STOCK IN RIC FOR PURPOSES OF DETERMINING ESTATES
OF NONRESIDENTS NOT CITIZENS.

(a) In General.--Paragraph (3) of section 2105(d) (relating
to stock in a RIC) is amended by striking ``December 31,
2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to decedents dying after December 31, 2007.

SEC. 12836. QUALIFIED INVESTMENT ENTITIES.

(a) In General.--Clause (ii) of section 897(h)(4)(A)
(relating to termination) is

[[Page S14509]]

amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2008.

SEC. 12837. DISCLOSURE OF RETURN INFORMATION FOR CERTAIN
VETERANS PROGRAMS.

(a) In General.--The last sentence of paragraph (7) of
section 6103(l) is amended by striking ``September 30, 2008''
and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to requests made after September 30, 2008.

SEC. 12838. RETURNS RELATING TO APPLICABLE INSURANCE
CONTRACTS IN WHICH CERTAIN EXEMPT ORGANIZATIONS
HOLD INTERESTS.

(a) In General.--Section 6050V(e) (relating to termination)
is amended by striking ``the date which is 2 years after the
date of the enactment of this section'' and insert ``December
31, 2009''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to reportable acquisitions occurring after August
17, 2008.

SEC. 12839. MINE RESCUE TEAM TRAINING CREDIT.

(a) In General.--Section 45N(e) (relating to termination)
is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
2008.

SEC. 12840. ELECTION TO EXPENSE ADVANCED MINE SAFETY
EQUIPMENT.

(a) In General.--Section 179E(g) (relating to termination)
is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to property placed in service after December 31,
2008.

SEC. 12841. TREATMENT OF CERTAIN QUALIFIED FILM AND
TELEVISION PRODUCTIONS.

(a) In General.--Section 181(f) (relating to termination)
is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to qualified film and television productions
commencing after December 31, 2008.

SEC. 12842. CONTROLLED FOREIGN CORPORATIONS.

(a) Subpart F Exception for Active Financing.--
(1) Exempt insurance income.--Paragraph (10) of section
953(e) (relating to application) is amended--
(A) by striking ``January 1, 2009'' and inserting ``January
1, 2010'', and
(B) by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(2) Exception to treatment as foreign personal holding
company income.--Paragraph (9) of section 954(h) (relating to
application) is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
(b) Look-Through Treatment of Payments Between Related
Controlled Foreign Corporations Under the Foreign Personal
Holding Company Rules.--Subparagraph (B) of section 954(c)(6)
(relating to application) is amended by striking ``January 1,
2009'' and inserting ``January 1, 2010''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years of foreign corporations
beginning after December 31, 2008, and to taxable years of
United States shareholders with or within which such taxable
years of foreign corporations end.
______

SA 3693. Mr. DeMINT submitted an amendment intended to be proposed to
the amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 1587, after line 18, add the following:

Subtitle G--Repeal of Federal Estate and Gift Taxes

SEC. 12701. REPEAL OF FEDERAL ESTATE AND GIFT TAXES.

(a) In General.--Subtitle B of the Internal Revenue Code of
1986 (relating to estate, gift, and generation-skipping
taxes) is hereby repealed.
(b) Effective Date.--The repeal made by subsection (a)
shall apply to estates of decedents dying, gifts made, and
generation-skipping transfers made after the date of the
enactment of this Act.
______

SA 3694. Mr. STEVENS (for himself and Ms. Murkowski) 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 246, strike line 23 and all that follows
through page 247, line 2, and insert the following:
``(c) Minimum Grant Amount.--
``(1) In general.--Notwithstanding subsection (b), each
State shall receive a grant under this section for each
fiscal year in an amount that is at least \1/2\ of 1 percent
of the total amount of funding made available to carry out
this section for the fiscal year.
``(2) Eligibility of seafood.--For purposes of providing
grants to States under this subsection only, seafood shall be
considered to be a specialty crop.'';
______

SA 3695. Mr. DORGAN (for himself and Mr. Grassley) 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:

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

SEC. 1703. PAYMENT LIMITATIONS.

(a) In General.--Section 1001 of the Food Security of 1985
(7 U.S.C. 1308) is amended--
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
``(A) In general.--The term `entity' means--
``(i) an organization that (subject to the requirements of
this section and section 1001A) is eligible to receive a
payment under a provision of law referred to in subsection
(b) or (c);
``(ii) a corporation, joint stock company, association,
limited partnership, limited liability company, limited
liability partnership, charitable organization, estate,
irrevocable trust, grantor of a revocable trust, or other
similar entity (as determined by the Secretary); and
``(iii) an organization that is participating in a farming
operation as a partner in a general partnership or as a
participant in a joint venture.
``(B) Exclusion.--The term `entity' does not include a
general partnership or joint venture.
``(C) Estates.--In promulgating regulations to define the
term `entity' as the term applies to estates, the Secretary
shall ensure that fair and equitable treatment is given to
estates and the beneficiaries of estates.
``(D) Irrevocable trusts.--In promulgating regulations to
define the term `entity' as the term applies to irrevocable
trusts, the Secretary shall ensure that irrevocable trusts
are legitimate entities that have not been created for the
purpose of avoiding a payment limitation.
``(2) Individual.--The term `individual' means--
``(A) a natural person, and any minor child of the natural
person (as determined by the Secretary), who, subject to the
requirements of this section and section 1001A, is eligible
to receive a payment under a provision of law referred to in
subsection (b), (c), or (d); and
``(B) a natural person participating in a farming operation
as a partner in a general partnership, a participant in a
joint venture, a grantor of a revocable trust, or a
participant in a similar entity (as determined by the
Secretary).'';
(2) by striking subsection (b) and inserting the following:
``(b) Limitation on Direct Payments.--The total amount of
direct payments that an individual or entity may receive,
directly or indirectly, during any crop year under part I or
III of subtitle A of title I of the Food and Energy Security
Act of 2007 for 1 or more covered commodities and peanuts, or
average crop revenue payments determined under section
1401(b)(2) of that Act, shall not exceed $20,000.'';
(3) by striking subsection (c) and inserting the following:
``(c) Limitation on Counter-Cyclical Payments.--The total
amount of counter-cyclical payments that an individual or
entity may receive, directly or indirectly, during any crop
year under part I or III of subtitle A or C of title I of the
Food and Energy Security Act of 2007 for 1 or more covered
commodities and peanuts, or average crop revenue payments
determined under section 1401(b)(3) of that Act, shall not
exceed $30,000.'';
(4) by striking subsection (d) and inserting the following:
``(d) Limitations on Marketing Loan Gains, Loan Deficiency
Payments, and Commodity Certificate Transactions.--The total
amount of the following gains and payments that an individual
or entity may receive during any crop year may not exceed
$75,000:
``(1)(A) Any gain realized by a producer from repaying a
marketing assistance loan for 1 or more loan commodities and
peanuts under part II of subtitle A of title I of the Food
and Energy Security Act of 2007 at a lower level than the
original loan rate established for the loan commodity under
that subtitle.
``(B) In the case of settlement of a marketing assistance
loan for 1 or more loan commodities and peanuts under that
subtitle by forfeiture, the amount by which the loan amount
exceeds the repayment amount for the loan if the loan had
been settled by repayment instead of forfeiture.
``(2) Any loan deficiency payments received for 1 or more
loan commodities and peanuts under that subtitle.

[[Page S14510]]

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

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

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

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

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

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

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

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

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

[[Page S14511]]

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

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

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

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

(I) in the first sentence--

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

(II) by striking the second sentence; and

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

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

(ii) by striking the second sentence; and
(3) by adding at the end the following:
``(c) Notification by Entities.--To facilitate the
administration of this section, each entity that receives
payments or benefits described as being subject to limitation
in subsection (b), (c), or (d) of section 1001 with respect
to a particular farming operation shall--
``(1) notify each individual or other entity that acquires
or holds a beneficial interest in the farming operation of
the requirements and limitations under this section; and
``(2) provide to the Secretary, at such times and in such
manner as the Secretary may require, the name and social
security number of each individual, or the name and taxpayer
identification number of each entity, that holds or acquires
such a beneficial interest.''.
(c) Schemes or Devices.--Section 1001B of the Food Security
Act of 1985 (7 U.S.C. 1308-2) is amended--
(1) by inserting ``(a) In General.--'' before ``If'';
(2) in subsection (a) (as designated by paragraph (1)), by
striking ``person'' each place it appears and inserting
``individual or entity''; and
(3) by adding at the end the following:
``(b) Extended Ineligibility.--If the Secretary determines
that an individual or entity, for the benefit of the
individual or entity or of any other individual or entity,
has knowingly engaged in, or aided in the creation of
fraudulent documents, failed to disclose material information
relevant to the administration of this subtitle requested by
the Secretary, or committed other equally serious actions as
identified in regulations issued by the Secretary, the
Secretary may for a period not to exceed 5 crop years deny
the issuance of payments to the individual or entity.
``(c) Fraud.--If fraud is committed by an individual or
entity in connection with a scheme or device to evade, or
that has the purpose of evading, section 1001, 1001A, or
1001C, the individual or entity shall be ineligible to
receive farm program payments described as being subject to
limitation in subsection (b), (c), or (d) of section 1001
for--
``(1) the crop year for which the scheme or device is
adopted; and
``(2) the succeeding 5 crop years.
``(d) Joint and Several Liability.--Any individual or
entity that participates in a scheme or device described in
subsection (a) or (b) shall be jointly and severally liable
for any and all overpayments resulting from the scheme or
device, and subject to program ineligibility resulting from
the scheme or device, regardless of whether a particular
individual or entity was a payment recipient.
``(e) Waiver Authority.--
``(1) In general.--The Secretary may fully or partially
release an individual or entity from liability for repayment
of program proceeds under subsection (d) if the individual or
entity cooperates with the Department of Agriculture by
disclosing a scheme or device to evade section 1001, 1001A,
or 1001C or any other provision of law administered by the
Secretary that imposes a payment limitation.
``(2) Discretion.--The decision of the Secretary under this
subsection is vested in the sole discretion of the
Secretary.''.
(d) Foreign Individuals and Entities Made Ineligible for
Program Benefits.--Section 1001C of the Food Security Act of
1985 (7 U.S.C. 1308-3) is amended--
(1) in the section heading, by striking ``PERSONS'' and
inserting ``INDIVIDUALS AND ENTITIES'';
(2) in subsection (a), by striking ``person'' each place it
appears and inserting ``individual'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``Corporation or
Other''; and
(B) in the first sentence--
(i) by striking ``a corporation or other entity shall be
considered a person that'' and inserting ``an entity''; and
(ii) by striking ``persons'' both places it appears and
inserting ``individuals''; and
(4) in subsection (c), by striking ``person'' and inserting
``entity or individual''.
(e) Treatment of Multiyear Program Contact Payments.--
Section 1001F of the Food Security Act of 1985 (7 U.S.C.
1308-5) is repealed.
(f) Increased Funding for Certain Programs.--In addition to
the amounts made available under other provisions of this Act
and amendments made by this Act, of the funds of the
Commodity Credit Corporation, the Secretary shall use to
carry out--
(1) the Farmers' Market Promotion Program established under
section 6 of the Farmer-to-Consumer Direct Marketing Act of
1976 (7 U.S.C. 3005) (as amended by section 1812), an
additional $5,000,000 for each of fiscal years 2009 through
2011;
(2) the national organic certification cost-share program
established under section 10606 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 6523) (as amended by
section 1823), an additional $3,000,000 for fiscal year 2012;
(3) the farmland protection program established under
subchapter B of chapter 2 of subtitle D of title XII of the
Food Security

[[Page S14512]]

Act of 1985 (16 U.S.C. 3838h et seq.) (commonly known as the
``Farm and Ranch Lands Protection Program''), an additional--
(A) $17,000,000 for each of fiscal years 2009 and 2010; and
(B) $18,000,000 for fiscal year 2011;
(4) the grassland reserve program established under
subchapter C of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838n et seq.), an
additional $45,000,000 for the period of fiscal years 2008
through 2012;
(5) the availability of commodities for the emergency food
assistance program under section 27(a) of the Food and
Nutrition Act of 2007 (7 U.S.C. 2036(a)) (as amended by
section 4110(a)), an additional $63,000,000 for each of
fiscal years 2013 through 2017;
(6) the emergency food assistance program under section
204(a)(1) of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7508(a)(1)) (as amended by section 4802(a)), an
additional--
(A) $13,000,000 for fiscal year 2009;
(B) $14,000,000 for each of fiscal years 2010 and 2011; and
(C) $15,000,000 for fiscal year 2012;
(7) the improvements to the food and nutrition program made
by sections 4103, 4108, 4110(a)(2), 4208, and 4801(g) (and
the amendments made by those sections) without regard to
section 4908(b);
(8) the beginning farmer and rancher individual development
accounts pilot program established under section 333B of the
Consolidated Farm and Rural Development Act (as added by
section 5201), an additional $5,000,000 for each of fiscal
years 2009 through 2012;
(9) the determination on the merits of Pigford claims under
section 5402, an additional $20,000,000 for fiscal year 2008
and $40,000,000 for each of fiscal years 2009 and 2010
(including by providing an increased maximum amount under
subsection (c)(2) of that section of $200,000,000);
(10) the rural microenterprise assistance program
established under section 366 of the Consolidated Farm and
Rural Development Act (as added by section 6022), an
additional $40,000,000 for fiscal year 2009; and
(11) the beginning farmer and rancher development program
established under section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f) (as amended by
section 7309), an additional $15,000,000 for each of fiscal
years 2009 through 2012.
______

SA 3696. Mr. KERRY (for himself, Ms. Snowe, Ms. Landrieu, and Mr.
Vitter) 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:

Subtitle C--Disaster Loan Program

SEC. 11101. SHORT TITLE.

This subtitle may be cited as the ``Small Business Disaster
Response and Loan Improvements Act of 2007''.

SEC. 11102. DEFINITIONS.

In this subtitle--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``Small Business Act catastrophic national
disaster'' means a Small Business Act catastrophic national
disaster declared under section 7(b)(11) of the Small
Business Act (15 U.S.C. 636(b)), as added by this Act;
(3) the term ``declared disaster'' means a major disaster
or a Small Business Act catastrophic national disaster;
(4) the term ``disaster area'' means an area affected by a
natural or other disaster, as determined for purposes of
paragraph (1) or (2) of section 7(b) of the Small Business
Act (15 U.S.C. 636(b)), during the period of such
declaration;
(5) the term ``disaster loan program of the
Administration'' means assistance under section 7(b) of the
Small Business Act (15 U.S.C. 636(b));
(6) the term ``disaster update period'' means the period
beginning on the date on which the President declares a major
disaster or a Small Business Act catastrophic national
disaster and ending on the date on which such declaration
terminates;
(7) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122);
(8) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632); and
(9) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Northern Mariana Islands, the Virgin Islands, Guam,
American Samoa, and any territory or possession of the United
States.

PART I--DISASTER PLANNING AND RESPONSE

SEC. 11121. DISASTER LOANS TO NONPROFITS.

Section 7(b) of the Small Business Act (15 U.S.C. 636(b))
is amended by inserting immediately after paragraph (3) the
following:
``(4) Loans to nonprofits.--In addition to any other loan
authorized by this subsection, the Administrator may make
such loans (either directly or in cooperation with banks or
other lending institutions through agreements to participate
on an immediate or deferred basis) as the Administrator
determines appropriate to a nonprofit organization located or
operating in an area affected by a natural or other disaster,
as determined under paragraph (1) or (2), or providing
services to persons who have evacuated from any such area.''.

SEC. 11122. DISASTER LOAN AMOUNTS.

(a) Increased Loan Caps.--Section 7(b) of the Small
Business Act (15 U.S.C. 636(b)) is amended by inserting
immediately after paragraph (4), as added by this Act, the
following:
``(5) Increased loan caps.--
``(A) Aggregate loan amounts.--Except as provided in
subparagraph (B), and notwithstanding any other provision of
law, the aggregate loan amount outstanding and committed to a
borrower under this subsection may not exceed $2,000,000.
``(B) Waiver authority.--The Administrator may, at the
discretion of the Administrator, increase the aggregate loan
amount under subparagraph (A) for loans relating to a
disaster to a level established by the Administrator, based
on appropriate economic indicators for the region in which
that disaster occurred.''.
(b) Disaster Mitigation.--
(1) In general.--Section 7(b)(1)(A) of the Small Business
Act (15 U.S.C. 636(b)(1)(A)) is amended by inserting ``of the
aggregate costs of such damage or destruction (whether or not
compensated for by insurance or otherwise)'' after ``20 per
centum''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to a loan or guarantee made after
the date of enactment of this Act.
(c) Technical Amendments.--Section 7(b) of the Small
Business Act (15 U.S.C. 636(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``the, Administration'' and inserting ``the Administration'';
(2) in paragraph (2)(A), by striking ``Disaster Relief and
Emergency Assistance Act'' and inserting ``Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) (in this subsection referred to as a `major
disaster')''; and
(3) in the undesignated matter at the end--
(A) by striking ``, (2), and (4)'' and inserting ``and
(2)''; and
(B) by striking ``, (2), or (4)'' and inserting ``(2)''.

SEC. 11123. SMALL BUSINESS DEVELOPMENT CENTER PORTABILITY
GRANTS.

Section 21(a)(4)(C)(viii) of the Small Business Act (15
U.S.C. 648(a)(4)(C)(viii)) is amended--
(1) in the first sentence, by striking ``as a result of a
business or government facility down sizing or closing, which
has resulted in the loss of jobs or small business
instability'' and inserting ``due to events that have
resulted or will result in, business or government facility
downsizing or closing''; and
(2) by adding at the end ``At the discretion of the
Administrator, the Administrator may make an award greater
than $100,000 to a recipient to accommodate extraordinary
occurrences having a catastrophic impact on the small
business concerns in a community.''.

SEC. 11124. ASSISTANCE TO OUT-OF-STATE BUSINESSES.

Section 21(b)(3) of the Small Business Act (15 U.S.C.
648(b)(3)) is amended--
(1) by striking ``At the discretion'' and inserting the
following: ``Small business development centers.--
``(A) In general.--At the discretion''; and
(2) by adding at the end the following:
``(B) During disasters.--
``(i) In general.--At the discretion of the Administrator,
the Administrator may authorize a small business development
center to provide such assistance to small business concerns
located outside of the State, without regard to geographic
proximity, if the small business concerns are located in a
disaster area declared under section 7(b)(2)(A).
``(ii) Continuity of services.--A small business
development center that provides counselors to an area
described in clause (i) shall, to the maximum extent
practicable, ensure continuity of services in any State in
which such small business development center otherwise
provides services.
``(iii) Access to disaster recovery facilities.--For
purposes of providing disaster recovery assistance under this
subparagraph, the Administrator shall, to the maximum extent
practicable, permit small business development center
personnel to use any site or facility designated by the
Administrator for use to provide disaster recovery
assistance.''.

SEC. 11125. OUTREACH PROGRAMS.

(a) In General.--Not later than 30 days after the date of
the declaration of a disaster area, the Administrator may
establish a contracting outreach and technical assistance
program for small business concerns which have had a primary
place of business in, or other significant presence in, such
disaster area.
(b) Administrator Action.--The Administrator may carry out
subsection (a) by acting through--
(1) the Administration;
(2) the Federal agency small business officials designated
under section 15(k)(1) of the Small Business Act (15 U.S.C.
644(k)(1)); or
(3) any Federal, State, or local government entity, higher
education institution, procurement technical assistance
center, or private nonprofit organization that the
Administrator may determine appropriate, upon

[[Page S14513]]

conclusion of a memorandum of understanding or assistance
agreement, as appropriate, with the Administrator.

SEC. 11126. SMALL BUSINESS BONDING THRESHOLD.

(a) In General.--Except as provided in subsection (b), and
notwithstanding any other provision of law, for any
procurement related to a major disaster, the Administrator
may, upon such terms and conditions as the Administrator may
prescribe, guarantee and enter into commitments to guarantee
any surety against loss resulting from a breach of the terms
of a bid bond, payment bond, performance bond, or bonds
ancillary thereto, by a principal on any total work order or
contract amount at the time of bond execution that does not
exceed $5,000,000.
(b) Increase of Amount.--Upon request of the head of any
Federal agency other than the Administration involved in
reconstruction efforts in response to a major disaster, the
Administrator may guarantee and enter into a commitment to
guarantee any security against loss under subsection (a) on
any total work order or contract amount at the time of bond
execution that does not exceed $10,000,000.

SEC. 11127. TERMINATION OF PROGRAM.

Section 711(c) of the Small Business Competitive
Demonstration Program Act of 1988 (15 U.S.C. 644 note) is
amended by inserting after ``January 1, 1989'' the following:
``, and shall terminate on the date of enactment of the Small
Business Disaster Response and Loan Improvements Act of
2007''.

SEC. 11128. INCREASING COLLATERAL REQUIREMENTS.

Section 7(c)(6) of the Small Business Act (15 U.S.C.
636(c)(6)) is amended by striking ``$10,000 or less'' and
inserting ``$14,000 or less (or such higher amount as the
Administrator determines appropriate in the event of a Small
Business Act catastrophic national disaster declared under
subsection (b)(11))''.

SEC. 11129. PUBLIC AWARENESS OF DISASTER DECLARATION AND
APPLICATION PERIODS.

(a) In General.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting immediately after
paragraph (5), as added by this Act, the following:
``(6) Coordination with fema.--
``(A) In general.--Notwithstanding any other provision of
law, for any disaster (including a Small Business Act
catastrophic national disaster) declared under this
subsection or major disaster, the Administrator, in
consultation with the Administrator of the Federal Emergency
Management Agency, shall ensure, to the maximum extent
practicable, that all application periods for disaster relief
under this Act correspond with application deadlines
established under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), or as
extended by the President.
``(B) Deadlines.--Notwithstanding any other provision of
law, not later than 10 days before the closing date of an
application period for a major disaster (including a Small
Business Act catastrophic national disaster), the
Administrator, in consultation with the Administrator of the
Federal Emergency Management Agency, shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report that includes--
``(i) the deadline for submitting applications for
assistance under this Act relating to that major disaster;
``(ii) information regarding the number of loan
applications and disbursements processed by the Administrator
relating to that major disaster for each day during the
period beginning on the date on which that major disaster was
declared and ending on the date of that report; and
``(iii) an estimate of the number of potential applicants
that have not submitted an application relating to that major
disaster.
``(7) Public awareness of disasters.--If a disaster
(including a Small Business Act catastrophic national
disaster) is declared under this subsection, the
Administrator shall make every effort to communicate through
radio, television, print, and web-based outlets, all relevant
information needed by disaster loan applicants, including--
``(A) the date of such declaration;
``(B) cities and towns within the area of such declaration;
``(C) loan application deadlines related to such disaster;
``(D) all relevant contact information for victim services
available through the Administration (including links to
small business development center websites);
``(E) links to relevant Federal and State disaster
assistance websites, including links to websites providing
information regarding assistance available from the Federal
Emergency Management Agency;
``(F) information on eligibility criteria for
Administration loan programs, including where such
applications can be found; and
``(G) application materials that clearly state the function
of the Administration as the Federal source of disaster loans
for homeowners and renters.''.
(b) Marketing and Outreach.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall
create a marketing and outreach plan that--
(1) encourages a proactive approach to the disaster relief
efforts of the Administration;
(2) makes clear the services provided by the
Administration, including contact information, application
information, and timelines for submitting applications, the
review of applications, and the disbursement of funds;
(3) describes the different disaster loan programs of the
Administration, including how they are made available and the
eligibility requirements for each loan program;
(4) provides for regional marketing, focusing on disasters
occurring in each region before the date of enactment of this
Act, and likely scenarios for disasters in each such region;
and
(5) ensures that the marketing plan is made available at
small business development centers and on the website of the
Administration.

SEC. 11130. CONSISTENCY BETWEEN ADMINISTRATION REGULATIONS
AND STANDARD OPERATING PROCEDURES.

(a) In General.--The Administrator shall, promptly
following the date of enactment of this Act, conduct a study
of whether the standard operating procedures of the
Administration for loans offered under section 7(b) of the
Small Business Act (15 U.S.C. 636(b)) are consistent with the
regulations of the Administration for administering the
disaster loan program.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Administration shall submit to
Congress a report containing all findings and recommendations
of the study conducted under subsection (a).

SEC. 11131. PROCESSING DISASTER LOANS.

(a) Authority for Qualified Private Contractors To Process
Disaster Loans.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting immediately after
paragraph (7), as added by this Act, the following:
``(8) Authority for qualified private contractors.--
``(A) Disaster loan processing.--The Administrator may
enter into an agreement with a qualified private contractor,
as determined by the Administrator, to process loans under
this subsection in the event of a major disaster or a Small
Business Act catastrophic national disaster declared under
paragraph (11), under which the Administrator shall pay the
contractor a fee for each loan processed.
``(B) Loan loss verification services.--The Administrator
may enter into an agreement with a qualified lender or loss
verification professional, as determined by the
Administrator, to verify losses for loans under this
subsection in the event of a major disaster or a Small
Business Act catastrophic national disaster declared under
paragraph (11), under which the Administrator shall pay the
lender or verification professional a fee for each loan for
which such lender or verification professional verifies
losses.''.
(b) Coordination of Efforts Between the Administrator and
the Internal Revenue Service To Expedite Loan Processing.--
The Administrator and the Commissioner of Internal Revenue
shall, to the maximum extent practicable, ensure that all
relevant and allowable tax records for loan approval are
shared with loan processors in an expedited manner, upon
request by the Administrator.

SEC. 11132. DEVELOPMENT AND IMPLEMENTATION OF MAJOR DISASTER
RESPONSE PLAN.

(a) In General.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall--
(1) by rule, amend the 2006 Atlantic hurricane season
disaster response plan of the Administration (in this section
referred to as the ``disaster response plan'') to apply to
major disasters; and
(2) submit a report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives detailing the
amendments to the disaster response plan.
(b) Contents.--The report required under subsection (a)(2)
shall include--
(1) any updates or modifications made to the disaster
response plan since the report regarding the disaster
response plan submitted to Congress on July 14, 2006;
(2) a description of how the Administrator plans to utilize
and integrate District Office personnel of the Administration
in the response to a major disaster, including information on
the utilization of personnel for loan processing and loan
disbursement;
(3) a description of the disaster scalability model of the
Administration and on what basis or function the plan is
scaled;
(4) a description of how the agency-wide Disaster Oversight
Council is structured, which offices comprise its membership,
and whether the Associate Deputy Administrator for
Entrepreneurial Development of the Administration is a
member;
(5) a description of how the Administrator plans to
coordinate the disaster efforts of the Administration with
State and local government officials, including
recommendations on how to better incorporate State
initiatives or programs, such as State-administered bridge
loan programs, into the disaster response of the
Administration;
(6) recommendations, if any, on how the Administration can
better coordinate its disaster response operations with the
operations of other Federal, State, and local entities;
(7) any surge plan for the disaster loan program of the
Administration in effect on or after August 29, 2005
(including surge plans for loss verification, loan
processing, mailroom, customer service or call center
operations, and a continuity of operations plan);

[[Page S14514]]

(8) the number of full-time equivalent employees and job
descriptions for the planning and disaster response staff of
the Administration;
(9) the in-service and preservice training procedures for
disaster response staff of the Administration;
(10) information on the logistical support plans of the
Administration (including equipment and staffing needs, and
detailed information on how such plans will be scalable
depending on the size and scope of the major disaster;
(11) a description of the findings and recommendations of
the Administrator, if any, based on a review of the response
of the Administration to Hurricane Katrina of 2005, Hurricane
Rita of 2005, and Hurricane Wilma of 2005; and
(12) a plan for how the Administrator, in consultation with
the Administrator of the Federal Emergency Management Agency,
will coordinate the provision of accommodations and necessary
resources for disaster assistance personnel to effectively
perform their responsibilities in the aftermath of a major
disaster.
(c) Exercises.--Not later than 6 months after the date of
the submission of the report under subsection (a)(2), the
Administrator shall develop and execute simulation exercises
to demonstrate the effectiveness of the amended disaster
response plan required under this section.

SEC. 11133. DISASTER PLANNING RESPONSIBILITIES.

(a) Assignment of Small Business Administration Disaster
Planning Responsibilities.--The Administrator shall
specifically assign the disaster planning responsibilities
described in subsection (b) to an employee of the
Administration who--
(1) is not an employee of the Office of Disaster Assistance
of the Administration;
(2) shall report directly to the Administrator; and
(3) has a background and expertise demonstrating
significant experience in the area of disaster planning.
(b) Responsibilities.--The responsibilities described in
this subsection are--
(1) creating and maintaining the comprehensive disaster
response plan of the Administration;
(2) ensuring in-service and pre-service training procedures
for the disaster response staff of the Administration;
(3) coordinating and directing Administration training
exercises, including mock disaster responses, with other
Federal agencies; and
(4) other responsibilities, as determined by the
Administrator.
(c) Report.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report containing--
(1) a description of the actions of the Administrator to
assign an employee under subsection (a);
(2) information detailing the background and expertise of
the employee assigned under subsection (a); and
(3) information on the status of the implementation of the
responsibilities described in subsection (b).

SEC. 11134. ADDITIONAL AUTHORITY FOR DISTRICT OFFICES OF THE
ADMINISTRATION.

(a) In General.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting immediately after
paragraph (8), as added by this Act, the following:
``(9) Use of district offices.--In the event of a major
disaster, the Administrator may authorize a district office
of the Administration to process loans under paragraph (1) or
(2).''.
(b) Designation.--
(1) In general.--The Administrator may designate an
employee in each district office of the Administration to act
as a disaster loan liaison between the disaster processing
center and applicants under the disaster loan program of the
Administration.
(2) Responsibilities.--Each employee designated under
paragraph (1) shall--
(A) be responsible for coordinating and facilitating
communications between applicants under the disaster loan
program of the Administration and disaster loan processing
staff regarding documentation and information required for
completion of an application; and
(B) provide information to applicants under the disaster
loan program of the Administration regarding additional
services and benefits that may be available to such
applicants to assist with recovery.
(3) Outreach.--In providing outreach to disaster victims
following a declared disaster, the Administrator shall make
disaster victims aware of--
(A) any relevant employee designated under paragraph (1);
and
(B) how to contact that employee.

SEC. 11135. ASSIGNMENT OF EMPLOYEES OF THE OFFICE OF DISASTER
ASSISTANCE AND DISASTER CADRE.

(a) In General.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting immediately after
paragraph (9), as added by this Act, the following:
``(10) Disaster assistance employees.--
``(A) In general.--In carrying out this section, the
Administrator may, where practicable, ensure that the number
of full-time equivalent employees--
``(i) in the Office of the Disaster Assistance is not fewer
than 800; and
``(ii) in the Disaster Cadre of the Administration is not
fewer than 750.
``(B) Report.--In carrying out this subsection, if the
number of full-time employees for either the Office of
Disaster Assistance or the Disaster Cadre of the
Administration is below the level described in subparagraph
(A) for that office, not later than 21 days after the date on
which that staffing level decreased below the level described
in subparagraph (A), the Administrator shall submit to the
Committee on Appropriations and the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Appropriations and Committee on Small Business of the
House of Representatives, a report--
``(i) detailing staffing levels on that date;
``(ii) requesting, if practicable and determined
appropriate by the Administrator, additional funds for
additional employees; and
``(iii) containing such additional information, as
determined appropriate by the Administrator.''.

PART II--DISASTER LENDING

SEC. 11141. SMALL BUSINESS ACT CATASTROPHIC NATIONAL DISASTER
DECLARATION.

Section 7(b) of the Small Business Act (15 U.S.C. 636(b))
is amended by inserting immediately after paragraph (10), as
added by this Act, the following:
``(11) Small business act catastrophic national
disasters.--
``(A) In general.--The President may make a Small Business
Act catastrophic national disaster declaration in accordance
with this paragraph.
``(B) Promulgation of rules.--
``(i) In general.--Not later than 6 months after the date
of enactment of this paragraph, the Administrator, with the
concurrence of the Secretary of Homeland Security and the
Administrator of the Federal Emergency Management Agency,
shall promulgate regulations establishing a threshold for a
Small Business Act catastrophic national disaster
declaration.
``(ii) Considerations.--In promulgating the regulations
required under clause (i), the Administrator shall establish
a threshold that--

``(I) requires that the incident for which the President
declares a Small Business Act catastrophic national disaster
declaration under this paragraph has resulted in
extraordinary levels of casualties or damage or disruption
severely affecting the population (including mass
evacuations), infrastructure, environment, economy, national
morale, or government functions in an area;
``(II) requires that the President declares a major
disaster before making a Small Business Act catastrophic
national disaster declaration under this paragraph;
``(III) requires consideration of--

``(aa) the dollar amount per capita of damage to the State,
its political subdivisions, or a region;
``(bb) the number of small business concerns damaged,
physically or economically, as a direct result of the event;
``(cc) the number of individuals and households displaced
from their predisaster residences by the event;
``(dd) the severity of the impact on employment rates in
the State, its political subdivisions, or a region;
``(ee) the anticipated length and difficulty of the
recovery process;
``(ff) whether the events leading to the relevant major
disaster declaration are of an unusually large and calamitous
nature that is orders of magnitude larger than for an average
major disaster; and
``(gg) any other factor determined relevant by the
Administrator.
``(C) Authorization.--If the President makes a Small
Business Act catastrophic national disaster declaration under
this paragraph, the Administrator may make such loans under
this paragraph (either directly or in cooperation with banks
or other lending institutions through agreements to
participate on an immediate or deferred basis) as the
Administrator determines appropriate to small business
concerns located anywhere in the United States that are
economically adversely impacted as a result of that Small
Business Act catastrophic national disaster.
``(D) Loan terms.--A loan under this paragraph shall be
made on the same terms as a loan under paragraph (2).''.

SEC. 11142. PRIVATE DISASTER LOANS.

(a) In General.--Section 7 of the Small Business Act (15
U.S.C. 636) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Private Disaster Loans.--
``(1) Definitions.--In this subsection--
``(A) the term `disaster area' means any area for which the
President declared a major disaster (as that term is defined
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)) that subsequently
results in the President making a Small Business Act
catastrophic national disaster declaration under subsection
(b)(11);
``(B) the term `eligible small business concern' means a
business concern that is--
``(i) a small business concern, as defined in this Act; or
``(ii) a small business concern, as defined in section 103
of the Small Business Investment Act of 1958; and
``(C) the term `qualified private lender' means any
privately-owned bank or other

[[Page S14515]]

lending institution that the Administrator determines meets
the criteria established under paragraph (9).
``(2) Authorization.--The Administrator may guarantee
timely payment of principal and interest, as scheduled on any
loan issued by a qualified private lender to an eligible
small business concern located in a disaster area.
``(3) Use of loans.--A loan guaranteed by the Administrator
under this subsection may be used for any purpose authorized
under subsection (b).
``(4) Online applications.--
``(A) Establishment.--The Administrator may establish,
directly or through an agreement with another entity, an
online application process for loans guaranteed under this
subsection.
``(B) Other federal assistance.--The Administrator may
coordinate with the head of any other appropriate Federal
agency so that any application submitted through an online
application process established under this paragraph may be
considered for any other Federal assistance program for
disaster relief.
``(C) Consultation.--In establishing an online application
process under this paragraph, the Administrator shall consult
with appropriate persons from the public and private sectors,
including private lenders.
``(5) Maximum amounts.--
``(A) Guarantee percentage.--The Administrator may
guarantee not more than 85 percent of a loan under this
subsection.
``(B) Loan amounts.--The maximum amount of a loan
guaranteed under this subsection shall be $2,000,000.
``(6) Loan term.--The longest term of a loan for a loan
guaranteed under this subsection shall be--
``(A) 15 years for any loan that is issued without
collateral; and
``(B) 25 years for any loan that is issued with collateral.
``(7) Fees.--
``(A) In general.--The Administrator may not collect a
guarantee fee under this subsection.
``(B) Origination fee.--The Administrator may pay a
qualified private lender an origination fee for a loan
guaranteed under this subsection in an amount agreed upon in
advance between the qualified private lender and the
Administrator.
``(8) Documentation.--A qualified private lender may use
its own loan documentation for a loan guaranteed by the
Administrator, to the extent authorized by the Administrator.
The ability of a lender to use its own loan documentation for
a loan guaranteed under this subsection shall not be
considered part of the criteria for becoming a qualified
private lender under the regulations promulgated under
paragraph (9).
``(9) Implementation regulations.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Small Business Disaster Response and Loan
Improvements Act of 2007, the Administrator shall issue final
regulations establishing permanent criteria for qualified
private lenders.
``(B) Report to congress.--Not later than 6 months after
the date of enactment of the Small Business Disaster Response
and Loan Improvements Act of 2007, the Administrator shall
submit a report on the progress of the regulations required
by subparagraph (A) to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives.
``(10) Authorization of appropriations.--
``(A) In general.--Amounts necessary to carry out this
subsection shall be made available from amounts appropriated
to the Administration to carry out subsection (b).
``(B) Authority to reduce interest rates.--Funds
appropriated to the Administration to carry out this
subsection, may be used by the Administrator, to the extent
available, to reduce the rate of interest for any loan
guaranteed under this subsection by not more than 3
percentage points.
``(11) Purchase of loans.--The Administrator may enter into
an agreement with a qualified private lender to purchase any
loan issued under this subsection.''.
(b) Effective Date.--The amendments made by this section
shall apply to disasters declared under section 7(b)(2) of
the Small Business Act (631 U.S.C. 636(b)(2)) before, on, or
after the date of enactment of this Act.

SEC. 11143. TECHNICAL AND CONFORMING AMENDMENTS.

The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 4(c)--
(A) in paragraph (1), by striking ``7(c)(2)'' and inserting
``7(d)(2)''; and
(B) in paragraph (2)--
(i) by striking ``7(c)(2)'' and inserting ``7(d)(2)''; and
(ii) by striking ``7(e),''; and
(2) in section 7(b), in the undesignated matter following
paragraph (3)--
(A) by striking ``That the provisions of paragraph (1) of
subsection (c)'' and inserting ``That the provisions of
paragraph (1) of subsection (d)''; and
(B) by striking ``Notwithstanding the provisions of any
other law the interest rate on the Administration's share of
any loan made under subsection (b) except as provided in
subsection (c),'' and inserting ``Notwithstanding any other
provision of law, and except as provided in subsection (d),
the interest rate on the Administration's share of any loan
made under subsection (b)''.

SEC. 11144. EXPEDITED DISASTER ASSISTANCE LOAN PROGRAM.

(a) Definitions.--In this section--
(1) the term ``immediate disaster assistance'' means
assistance provided during the period beginning on the date
on which the President makes a Small Business Act
catastrophic disaster declaration under paragraph (11) of
section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as
added by this Act, and ending on the date that an impacted
small business concern is able to secure funding through
insurance claims, Federal assistance programs, or other
sources; and
(2) the term ``program'' means the expedited disaster
assistance business loan program established under subsection
(b).
(b) Creation of Program.--The Administrator shall take such
administrative action as is necessary to establish and
implement an expedited disaster assistance business loan
program to provide small business concerns with immediate
disaster assistance under paragraph (11) of section 7(b) of
the Small Business Act (15 U.S.C. 636(b)), as added by this
Act.
(c) Consultation Required.--In establishing the program,
the Administrator shall consult with--
(1) appropriate personnel of the Administration (including
District Office personnel of the Administration);
(2) appropriate technical assistance providers (including
small business development centers);
(3) appropriate lenders and credit unions;
(4) the Committee on Small Business and Entrepreneurship of
the Senate; and
(5) the Committee on Small Business of the House of
Representatives.
(d) Rules.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall issue rules in
final form establishing and implementing the program in
accordance with this section. Such rules shall apply as
provided for in this section, beginning 90 days after their
issuance in final form.
(2) Contents.--The rules promulgated under paragraph (1)
shall--
(A) identify whether appropriate uses of funds under the
program may include--
(i) paying employees;
(ii) paying bills and other financial obligations;
(iii) making repairs;
(iv) purchasing inventory;
(v) restarting or operating a small business concern in the
community in which it was conducting operations prior to the
declared disaster, or to a neighboring area, county, or
parish in the disaster area; or
(vi) covering additional costs until the small business
concern is able to obtain funding through insurance claims,
Federal assistance programs, or other sources; and
(B) set the terms and conditions of any loan made under the
program, subject to paragraph (3).
(3) Terms and conditions.--A loan made by the
Administration under this section--
(A) shall be for not more than $150,000;
(B) shall be a short-term loan, not to exceed 180 days,
except that the Administrator may extend such term as the
Administrator determines necessary or appropriate on a case-
by-case basis;
(C) shall have an interest rate not to exceed 1 percentage
point above the prime rate of interest that a private lender
may charge;
(D) shall have no prepayment penalty;
(E) may only be made to a borrower that meets the
requirements for a loan under section 7(b) of the Small
Business Act (15 U.S.C. 636(b));
(F) may be refinanced as part of any subsequent disaster
assistance provided under section 7(b) of the Small Business
Act;
(G) may receive expedited loss verification and loan
processing, if the applicant is--
(i) a major source of employment in the disaster area
(which shall be determined in the same manner as under
section 7(b)(3)(B) of the Small Business Act (15 U.S.C.
636(b)(3)(B))); or
(ii) vital to recovery efforts in the region (including
providing debris removal services, manufactured housing, or
building materials); and
(H) shall be subject to such additional terms as the
Administrator determines necessary or appropriate.
(e) Report to Congress.--Not later than 5 months after the
date of enactment of this Act, the Administrator shall report
to the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House
of Representatives on the progress of the Administrator in
establishing the program.
(f) Authorization.--There are authorized to be appropriated
to the Administrator such sums as are necessary to carry out
this section.

SEC. 11145. HUBZONES.

(a) In General.--Section 3(p) of the Small Business Act (15
U.S.C. 632(p)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``or'';
(B) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(F) areas in which the President has declared a major
disaster (as that term is defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122)) as a result of Hurricane Katrina of
August 2005 or Hurricane Rita of September 2005, during the
time period described in paragraph (8); or

[[Page S14516]]

``(G) Small Business Act catastrophic national disaster
areas.'';
(2) in paragraph (4), by adding at the end the following:
``(E) Small business act catastrophic national disaster
area.--
``(i) In general.--The term `Small Business Act
catastrophic national disaster area' means an area--

``(I) affected by a Small Business Act catastrophic
national disaster declared under section 7(b)(11), during the
time period described in clause (ii); and
``(II) for which the Administrator determines that
designation as a HUBZone would substantially contribute to
the reconstruction and recovery effort in that area.

``(ii) Time period.--The time period for the purposes of
clause (i)--

``(I) shall be the 2-year period beginning on the date that
the applicable Small Business Act catastrophic national
disaster was declared under section 7(b)(11); and
``(II) may, at the discretion of the Administrator, be
extended to be the 3-year period beginning on the date
described in subclause (I).''; and

(3) by adding at the end the following:
``(8) Time period.--The time period for the purposes of
paragraph (1)(F)--
``(A) shall be the 2-year period beginning on the later of
the date of enactment of this paragraph and August 29, 2007;
and
``(B) may, at the discretion of the Administrator, be
extended to be the 3-year period beginning on the later of
the date of enactment of this paragraph and August 29,
2007.''.
(b) Tolling of Graduation.--Section 7(j)(10)(C) of the
Small Business Act (15 U.S.C. 636(j)(10)(C)) is amended by
adding at the end the following:
``(iii)(I) For purposes of this subparagraph, if the
Administrator designates an area as a HUBZone under section
3(p)(4)(E)(i)(II), the Administrator shall not count the time
period described in subclause (II) of this clause for any
small business concern--
``(aa) that is participating in any program, activity, or
contract under section 8(a); and
``(bb) the principal place of business of which is located
in that area.
``(II) The time period for purposes of subclause (I)--
``(aa) shall be the 2-year period beginning on the date
that the applicable Small Business Act catastrophic national
disaster was declared under section 7(b)(11); and
``(bb) may, at the discretion of the Administrator, be
extended to be the 3-year period beginning on the date
described in item (aa).''.
(c) Study of HUBZone Disaster Areas.--Not later than 1 year
after the date of enactment of this Act, the Comptroller
General of the United States shall submit a report to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives evaluating the designation by the
Administrator of Small Business Act catastrophic national
disaster areas, as that term is defined in section 3(p)(4)(E)
of the Small Business Act (as added by this Act), as
HUBZones.

PART III--DISASTER ASSISTANCE OVERSIGHT

SEC. 11161. CONGRESSIONAL OVERSIGHT.

(a) Monthly Accounting Report to Congress.--
(1) Reporting requirements.--Not later than the fifth
business day of each month during the applicable period for a
major disaster, the Administrator shall provide to the
Committee on Small Business and Entrepreneurship and the
Committee on Appropriations of the Senate and to the
Committee on Small Business and the Committee on
Appropriations of the House of Representatives a report on
the operation of the disaster loan program authorized under
section 7 of the Small Business Act (15 U.S.C. 636) for that
major disaster during the preceding month.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) the daily average lending volume, in number of loans
and dollars, and the percent by which each category has
increased or decreased since the previous report under
paragraph (1);
(B) the weekly average lending volume, in number of loans
and dollars, and the percent by which each category has
increased or decreased since the previous report under
paragraph (1);
(C) the amount of funding spent over the month for loans,
both in appropriations and program level, and the percent by
which each category has increased or decreased since the
previous report under paragraph (1);
(D) the amount of funding available for loans, both in
appropriations and program level, and the percent by which
each category has increased or decreased since the previous
report under paragraph (1), noting the source of any
additional funding;
(E) an estimate of how long the available funding for such
loans will last, based on the spending rate;
(F) the amount of funding spent over the month for staff,
along with the number of staff, and the percent by which each
category has increased or decreased since the previous report
under paragraph (1);
(G) the amount of funding spent over the month for
administrative costs, and the percent by which such spending
has increased or decreased since the previous report under
paragraph (1);
(H) the amount of funding available for salaries and
expenses combined, and the percent by which such funding has
increased or decreased since the previous report under
paragraph (1), noting the source of any additional funding;
and
(I) an estimate of how long the available funding for
salaries and expenses will last, based on the spending rate.
(b) Daily Disaster Updates to Congress for Presidentially
Declared Disasters.--
(1) In general.--Each day during a disaster update period,
excluding Federal holidays and weekends, the Administration
shall provide to the Committee on Small Business and
Entrepreneurship of the Senate and to the Committee on Small
Business of the House of Representatives a report on the
operation of the disaster loan program of the Administration
for the area in which the President declared a major
disaster.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) the number of Administration staff performing loan
processing, field inspection, and other duties for the
declared disaster, and the allocations of such staff in the
disaster field offices, disaster recovery centers, workshops,
and other Administration offices nationwide;
(B) the daily number of applications received from
applicants in the relevant area, as well as a breakdown of
such figures by State;
(C) the daily number of applications pending application
entry from applicants in the relevant area, as well as a
breakdown of such figures by State;
(D) the daily number of applications withdrawn by
applicants in the relevant area, as well as a breakdown of
such figures by State;
(E) the daily number of applications summarily declined by
the Administration from applicants in the relevant area, as
well as a breakdown of such figures by State;
(F) the daily number of applications declined by the
Administration from applicants in the relevant area, as well
as a breakdown of such figures by State;
(G) the daily number of applications in process from
applicants in the relevant area, as well as a breakdown of
such figures by State;
(H) the daily number of applications approved by the
Administration from applicants in the relevant area, as well
as a breakdown of such figures by State;
(I) the daily dollar amount of applications approved by the
Administration from applicants in the relevant area, as well
as a breakdown of such figures by State;
(J) the daily amount of loans dispersed, both partially and
fully, by the Administration to applicants in the relevant
area, as well as a breakdown of such figures by State;
(K) the daily dollar amount of loans disbursed, both
partially and fully, from the relevant area, as well as a
breakdown of such figures by State;
(L) the number of applications approved, including dollar
amount approved, as well as applications partially and fully
disbursed, including dollar amounts, since the last report
under paragraph (1); and
(M) the declaration date, physical damage closing date,
economic injury closing date, and number of counties included
in the declaration of a major disaster.
(c) Notice of the Need for Supplemental Funds.--On the same
date that the Administrator notifies any committee of the
Senate or the House of Representatives that supplemental
funding is necessary for the disaster loan program of the
Administration in any fiscal year, the Administrator shall
notify in writing the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives regarding the need
for supplemental funds for that loan program.
(d) Report on Contracting.--
(1) In general.--Not later than 6 months after the date on
which the President declares a major disaster, and every 6
months thereafter until the date that is 18 months after the
date on which the major disaster was declared, the
Administrator shall submit a report to the Committee on Small
Business and Entrepreneurship of the Senate and to the
Committee on Small Business of the House of Representatives
regarding Federal contracts awarded as a result of that major
disaster.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) the total number of contracts awarded as a result of
that major disaster;
(B) the total number of contracts awarded to small business
concerns as a result of that major disaster;
(C) the total number of contracts awarded to women and
minority-owned businesses as a result of that major disaster;
and
(D) the total number of contracts awarded to local
businesses as a result of that major disaster.
(e) Report on Loan Approval Rate.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall submit a
report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives detailing how the
Administration can improve the processing of applications
under the disaster loan program of the Administration.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) recommendations, if any, regarding--
(i) staffing levels during a major disaster;
(ii) how to improve the process for processing, approving,
and disbursing loans under

[[Page S14517]]

the disaster loan program of the Administration, to ensure
that the maximum assistance is provided to victims in a
timely manner;
(iii) the viability of using alternative methods for
assessing the ability of an applicant to repay a loan,
including the credit score of the applicant on the day before
the date on which the disaster for which the applicant is
seeking assistance was declared;
(iv) methods, if any, for the Administration to expedite
loss verification and loan processing of disaster loans
during a major disaster for businesses affected by, and
located in the area for which the President declared, the
major disaster that are a major source of employment in the
area or are vital to recovery efforts in the region
(including providing debris removal services, manufactured
housing, or building materials);
(v) legislative changes, if any, needed to implement
findings from the Accelerated Disaster Response Initiative of
the Administration; and
(vi) a description of how the Administration plans to
integrate and coordinate the response to a major disaster
with the technical assistance programs of the Administration;
and
(B) the plans of the Administrator for implementing any
recommendation made under subparagraph (A).
______

SA 3697. Mr. WYDEN (for himself, Mr. Alexander, Mr. Kerry, Mr.
Feingold, Mr. Bingaman, Mr. Sununu, Mr. Dodd, Ms. Stabenow, Mr. Biden,
Ms. Cantwell, Mrs. Murray, Ms. Snowe, Mr. Gregg, Mr. Baucus, 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:

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

SEC. 82___. PREVENTION OF ILLEGAL LOGGING PRACTICES.

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

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

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

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

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

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

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

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

``(B) Public participation.--In conducting the review under
paragraph (4), the Secretary shall provide public notice and
an opportunity for comment.
``(6) Promulgation of regulations.--Not later than 180 days
after the date on which the Secretary completes the review
under paragraph (4), the Secretary may promulgate
regulations--
``(A) to limit the applicability of any requirement
described in paragraph (2) to specific plant products;
``(B) to make any other necessary modification to any
requirement described in paragraph (2), as determined by the
Secretary based on the review under paragraph (4); and
``(C) to limit the scope of the exclusions under paragraph
(3) if the Secretary determines, based on the review under
paragraph (4), that the limitations in scope are
warranted.'';
(3) in section 4 (16 U.S.C. 3373)--
(A) by striking ``subsections (b) and (d)'' each place it
appears and inserting ``subsections (b), (d), and (f)'';
(B) by striking ``section 3(d)'' each place it appears and
inserting ``subsection (d) or (f) of section 3''; and
(C) in subsection (a)(2), by striking ``subsection 3(b)''
and inserting ``subsection (b) or subsection (f) of section
3, except as provided in paragraph (1),'';
(4) by adding at the end of section 5 (16 U.S.C. 3374) the
following:
``(d) Civil Forfeitures.--Civil forfeitures under this
section shall be governed by the provisions of chapter 46 of
title 18, United States Code.''; and
(5) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking
``section 4'' and inserting ``section 3(f), section 4,''.
(b) Technical Correction.--
(1) In general.--Section 102(c) of Public Law 100-653 (102
Stat. 3825) is amended by striking ``(other than section
3(b))'' and inserting ``(other than subsection 3(b))''.

[[Page S14518]]

(2) Effective date.--The amendment made by paragraph (1)
takes effect on November 14, 1988.
______

SA 3698. 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:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. ___. PREVENTION OF ILLEGAL LOGGING PRACTICES.

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

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

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

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

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

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

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

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

``(B) Public participation.--In conducting the review under
paragraph (4), the Secretary shall provide public notice and
an opportunity for comment.
``(6) Promulgation of regulations.--Not later than 180 days
after the date on which the Secretary completes the review
under paragraph (4), the Secretary may promulgate
regulations--
``(A) to limit the applicability of any requirement
described in paragraph (2) to specific plant products;
``(B) to make any other necessary modification to any
requirement described in paragraph (2), as determined by the
Secretary based on the review under paragraph (4); and
``(C) to limit the scope of the exclusions under paragraph
(3) if the Secretary determines, based on the review under
paragraph (4), that the limitations in scope are
warranted.'';
(3) in section 4 (16 U.S.C. 3373)--
(A) by striking ``subsections (b) and (d)'' each place it
appears and inserting ``subsections (b), (d), and (f)'';
(B) by striking ``section 3(d)'' each place it appears and
inserting ``subsection (d) or (f) of section 3''; and
(C) in subsection (a)(2), by striking ``subsection 3(b)''
and inserting ``subsection (b) or subsection (f) of section
3, except as provided in paragraph (1),'';
(4) by adding at the end of section 5 (16 U.S.C. 3374) the
following:
``(d) Civil Forfeitures.--Civil forfeitures under this
section shall be governed by the provisions of chapter 46 of
title 18, United States Code.''; and
(5) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking
``section 4'' and inserting ``section 3(f), section 4,''.
(b) Technical Correction.--
(1) In general.--Section 102(c) of Public Law 100-653 (102
Stat. 3825) is amended by striking ``(other than section
3(b))'' and inserting ``(other than subsection 3(b))''.
(2) Effective date.--The amendment made by paragraph (1)
takes effect on November 14, 1988.
______

SA 3699. Mr. LEAHY 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. 4___. INFRASTRUCTURE AND TRANSPORTATION GRANTS TO
SUPPORT RURAL FOOD BANK DELIVERY OF HEALTHY
PERISHABLE FOODS.

(a) Purpose.--The purpose of this section is to provide
grants to State and local food banks and other emergency
feeding organizations (as defined in section 201A of the
Emergency Food Assistance Act of 1983 (7 U.S.C. 7501))--
(1) to support and expand the efforts of food banks
operating in rural areas to procure and transport highly
perishable and healthy food;
(2) to improve identification of potential providers of
donated food and to enhance the nonprofit food donation
system, particularly in and for rural areas; and
(3) to support the procurement of locally produced food
from small and family farms and ranches for distribution to
needy people.
(b) Definition of Time-Sensitive Food Product.--
(1) In general.--In this section, the term ``time-sensitive
food product'' means a fresh,

[[Page S14519]]

raw, or processed food with a short time limitation for safe
and acceptable consumption, as determined by the Secretary.
(2) Inclusions.--The term ``time-sensitive food product''
includes--
(A) fruits;
(B) vegetables;
(C) dairy products;
(D) meat;
(E) fish; and
(F) poultry.
(c) Grant Program.--
(1) In general.--The Secretary shall establish a program
under which the Secretary shall provide grants, on a
competitive basis, to expand the capacity and infrastructure
of food banks, statewide food bank associations, and regional
food bank collboratives that operate in rural areas to
improve the capacity of the food banks to receive, store,
distribute, track, collect, and deliver time-sensitive food
products made available from national and local food donors.
(2) Maximum amount.--The maximum amount of a grant provided
under this subsection shall be not more than $1,000,000 for a
fiscal year.
(3) Use of funds.--A food bank may use a grant provided
under this section for--
(A) the development and maintenance of a computerized
system for the tracking of time-sensitive food products;
(B) capital, infrastructure, and operating costs associated
with--
(i) the collection and transportation of time-sensitive
food products; or
(ii) the storage and distribution of time-sensitive food
products;
(C) improving the security and diversity of the emergency
food distribution and recovery systems of the United States
through the support of--
(i) small, midsize, or family farms and ranches;
(ii) fisheries and aquaculture; and
(iii) donations from local food producers and manufacturers
to persons in need;
(D) providing recovered healthy foods to food banks and
similar nonprofit emergency food providers to reduce hunger
in the United States; and
(E) improving the identification of--
(i) potential providers of donated foods;
(ii) potential nonprofit emergency food providers; and
(iii) persons in need of emergency food assistance in rural
areas.
(d) Audits.--The Secretary shall establish fair and
reasonable procedures to audit the use of funds made
available to carry out this section.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2008 through 2012.
______

SA 3700. Mr. ROBERTS 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 add the following:

Subtitle G--Kansas Disaster Tax Relief Assistance

SEC. 12701. TEMPORARY TAX RELIEF FOR KIOWA COUNTY, KANSAS AND
SURROUNDING AREA.

The following provisions of or relating to the Internal
Revenue Code of 1986 shall apply, in addition to the areas
described in such provisions, to an area with respect to
which a major disaster has been declared by the President
under section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (FEMA-1699-DR, as in effect on
the date of the enactment of this Act) by reason of severe
storms and tornados beginning on May 4, 2007, and determined
by the President to warrant individual or individual and
public assistance from the Federal Government under such Act
with respect to damages attributed to such storms and
tornados:
(1) Suspension of certain limitations on personal casualty
losses.--Section 1400S(b)(1) of the Internal Revenue Code of
1986, by substituting ``May 4, 2007'' for ``August 25,
2005''.
(2) Extension of replacement period for nonrecognition of
gain.--Section 405 of the Katrina Emergency Tax Relief Act of
2005, by substituting ``on or after May 4, 2007, by reason of
the May 4, 2007, storms and tornados'' for ``on or after
August 25, 2005, by reason of Hurricane Katrina''.
(3) Employee retention credit for employers affected by may
4 storms and tornados.--Section 1400R(a) of the Internal
Revenue Code of 1986--
(A) by substituting ``May 4, 2007'' for ``August 28, 2005''
each place it appears,
(B) by substituting ``January 1, 2008'' for ``January 1,
2006'' both places it appears, and
(C) only with respect to eligible employers who employed an
average of not more than 200 employees on business days
during the taxable year before May 4, 2007.
(4) Special allowance for certain property acquired on or
after may 5, 2007.--Section 1400N(d) of such Code--
(A) by substituting ``qualified Recovery Assistance
property'' for ``qualified Gulf Opportunity Zone property''
each place it appears,
(B) by substituting ``May 5, 2007'' for ``August 28, 2005''
each place it appears,
(C) by substituting ``December 31, 2008'' for ``December
31, 2007'' in paragraph (2)(A)(v),
(D) by substituting ``December 31, 2009'' for ``December
31, 2008'' in paragraph (2)(A)(v),
(E) by substituting ``May 4, 2007'' for ``August 27, 2005''
in paragraph (3)(A),
(F) by substituting ``January 1, 2009'' for ``January 1,
2008'' in paragraph (3)(B), and
(G) determined without regard to paragraph (6) thereof.
(5) Increase in expensing under section 179.--Section
1400N(e) of such Code, by substituting ``qualified section
179 Recovery Assistance property'' for ``qualified section
179 Gulf Opportunity Zone property'' each place it appears.
(6) Expensing for certain demolition and clean-up costs.--
Section 1400N(f) of such Code--
(A) by substituting ``qualified Recovery Assistance clean-
up cost'' for ``qualified Gulf Opportunity Zone clean-up
cost'' each place it appears, and
(B) by substituting ``beginning on May 4, 2007, and ending
on December 31, 2009'' for ``beginning on August 28, 2005,
and ending on December 31, 2007'' in paragraph (2) thereof.
(7) Treatment of public utility property disaster losses.--
Section 1400N(o) of such Code.
(8) Treatment of net operating losses attributable to storm
losses.--Section 1400N(k) of such Code--
(A) by substituting ``qualified Recovery Assistance loss''
for ``qualified Gulf Opportunity Zone loss'' each place it
appears,
(B) by substituting ``after May 3, 2007, and before on
January 1, 2010'' for ``after August 27, 2005, and before
January 1, 2008'' each place it appears,
(C) by substituting ``May 4, 2007'' for ``August 28, 2005''
in paragraph (2)(B)(ii)(I) thereof,
(D) by substituting ``qualified Recovery Assistance
property'' for ``qualified Gulf Opportunity Zone property''
in paragraph (2)(B)(iv) thereof, and
(E) by substituting ``qualified Recovery Assistance
casualty loss'' for ``qualified Gulf Opportunity Zone
casualty loss'' each place it appears.
(9) Treatment of representations regarding income
eligibility for purposes of qualified rental project
requirements.--Section 1400N(n) of such Code.
(10) Special rules for use of retirement funds.--Section
1400Q of such Code--
(A) by substituting ``qualified Recovery Assistance
distribution'' for ``qualified hurricane distribution'' each
place it appears,
(B) by substituting ``on or after May 4, 2007, and before
January 1, 2009'' for ``on or after August 25, 2005, and
before January 1, 2007'' in subsection (a)(4)(A)(i),
(C) by substituting ``qualified storm distribution'' for
``qualified Katrina distribution'' each place it appears,
(D) by substituting ``after November 4, 2006, and before
May 5, 2007'' for ``after February 28, 2005, and before
August 29, 2005'' in subsection (b)(2)(B)(ii),
(E) by substituting ``beginning on May 4, 2007, and ending
on November 5, 2007'' for ``beginning on August 25, 2005, and
ending on February 28, 2006'' in subsection (b)(3)(A),
(F) by substituting ``qualified storm individual'' for
``qualified Hurricane Katrina individual'' each place it
appears,
(G) by substituting ``December 31, 2007'' for ``December
31, 2006'' in subsection (c)(2)(A),
(H) by substituting ``beginning on June 4, 2007, and ending
on December 31, 2007'' for ``beginning on September 24, 2005,
and ending on December 31, 2006'' in subsection (c)(4)(A)(i),
(I) by substituting ``May 4, 2007'' for ``August 25, 2005''
in subsection (c)(4)(A)(ii), and
(J) by substituting ``January 1, 2008'' for ``January 1,
2007'' in subsection (d)(2)(A)(ii).
______

SA 3701. Mr. KYL (for himself and 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 1072, after line 25, add the following:

SEC. 8203. STEWARDSHIP END-RESULT CONTRACTING PROJECTS.

Section 8 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2104) is amended--
(1) by redesignating subsection (h) as subsection (j) and
moving that subsection so as to appear at the end of the
section; and
(2) by inserting after subsection (g) the following:
``(h) Cancellation or Termination Costs.--
``(1) In general.--Notwithstanding section 304B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254c), the Secretary shall not obligate funds to cover
the cost of cancelling a Forest Service stewardship multiyear
contract under section 347 of the Department of the Interior
and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104
note; section 101(e) of division A of Public Law 105-277)
until the contract is cancelled.
``(2) Cost of cancellation or termination.--The costs of
any cancellation or termination of a multiyear stewardship
contract may be paid from any appropriations that are made
available to the Forest Service.
``(3) Anti-deficiency act violations.--In a case in which
payment or obligation of funds

[[Page S14520]]

under this subsection would constitute a violation of section
1341 of title 31, United States Code (commonly known as the
`Anti-Deficiency Act'), the Secretary shall seek a
supplemental appropriation.''.

On page 1237, strike lines 9 through 18 and insert the
following:
``(B) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000 for each of fiscal years 2008 through 2012.''.
______

SA 3702. Ms. SNOWE (for herself and Mr. Craig) submitted an amendment
intended to be proposed by her to the bill H.R. 2419, to provide for
the continuation of agricultural programs through fiscal year 2012, and
for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 11___. OVERSIGHT OF NATIONAL AQUATIC ANIMAL HEALTH PLAN.

(a) Definitions.--In this section:
(1) Advisory committee.--The term ``advisory committee''
means the General Advisory Committee for Oversight of
National Aquatic Animal Health established under subsection
(b)(1).
(2) Plan.--The term ``plan'' means the national aquatic
animal health plan developed by the National Aquatic Animal
Health Task Force, composed of representatives of the
Department of Agriculture, the Department of Commerce
(including the National Oceanic and Atmospheric
Administration), and the Department of the Interior
(including the United States Fish and Wildlife Service).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Administrator of the
Animal and Plant Health Inspection Service.
(b) General Advisory Committee for Oversight of National
Aquatic Animal Health.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary, in consultation with
States and the private sector, shall establish an advisory
committee, to be known as the ``General Advisory Committee
for Oversight of National Aquatic Animal Health''.
(2) Membership.--
(A) Composition.--The advisory committee shall--
(i) be composed equally of representatives of--

(I) State and tribal governments; and
(II) commercial aquaculture interests; and

(ii) consist of not more than 20 members, to be appointed
by the Secretary, of whom--

(I) not less than 3 shall be representatives of Federal
departments or agencies;
(II) not less than 6 shall be representatives of State or
tribal governments that elect to participate in the plan
under subsection (d);
(III) not less than 6 shall be representatives of affected
commercial aquaculture interests; and
(IV) not less than 2 shall be aquatic animal health
experts, as determined by the Secretary.

(B) Nominations.--The Secretary shall publish in the
Federal Register a solicitation for, and may accept,
nominations for members of the advisory committee from
appropriate entities, as determined by the Secretary.
(c) Recommendations.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the advisory committee shall develop
and submit to the Secretary recommendations regarding--
(A) the establishment and membership of appropriate expert
and representative commissions to efficiently implement and
administer the plan;
(B) disease- and species-specific best management practices
relating to activities carried out under the plan; and
(C) the establishment and administration of the
indemnification fund under subsection (e).
(2) Factors for consideration.--In developing
recommendations under paragraph (1), the advisory committee
shall take into consideration all emergency aquaculture-
related projects that have been or are being carried out
under the plan as of the date of submission of the
recommendations.
(3) Regulations.--After consideration of the
recommendations submitted under this subsection, the
Secretary shall promulgate regulations to establish a
national aquatic animal health improvement program, in
accordance with the Animal Health Protection Act (7 U.S.C.
8301 et seq.).
(d) Participation by State and Tribal Governments and
Private Sector.--
(1) In general.--Any State or tribal government, and any
entity in the private sector, may elect to participate in the
plan.
(2) Duties.--On election by a State or tribal government or
entity in the private sector to participate in the plan under
paragraph (1), the State or tribal government or entity
shall--
(A) submit to the Secretary--
(i) a notification of the election; and
(ii) nominations for members of the advisory committee, as
appropriate; and
(B) as a condition of participation, enter into an
agreement with the Secretary under which the State or tribal
government or entity--
(i) assumes responsibility for a portion of the non-Federal
share of the costs of carrying out the plan, as described in
paragraph (3); and
(ii) agrees to act in accordance with applicable disease-
and species-specific best management practices relating to
activities carried out under the plan by the State or tribal
government or entity, as the Secretary determines to be
appropriate.
(3) Non-federal share.--
(A) In general.--Subject to subparagraph (B), the non-
Federal share of the cost of carrying out the plan--
(i) shall be determined--

(I) by the Secretary, in consultation with the advisory
committee; and
(II) on a case-by-case basis for each project carried out
under the plan; and

(ii) may be provided by State and tribal governments and
entities in the private sector in cash or in-kind.
(B) Deposits into indemnification fund.--The non-Federal
share of amounts in the indemnification fund provided by each
State or tribal government or entity in the private sector
shall be--
(i) zero with respect to the initial deposit into the fund;
and
(ii) determined on a case-by-case basis for each project
carried out under the plan.
(e) Indemnification Fund.--
(1) Establishment.--The Secretary, in consultation with the
advisory committee, shall establish a fund, to be known as
the ``indemnification fund'', consisting of such amounts as
are initially deposited into the fund by the Secretary under
subsection (g)(1).
(2) Uses.--The Secretary shall use amounts in the
indemnification fund only to compensate aquatic farmers--
(A) the entire inventory of livestock or gametes of which
is eradicated as a result of a disease control or eradication
measure carried out under the plan; or
(B) for the cost of disinfecting, destruction, and cleaning
products or equipment in response to a depopulation order
carried out under the plan.
(3) Unused amounts.--Amounts remaining in the
indemnification fund on September 30 of the fiscal year for
which the amounts were appropriated--
(A) shall remain in the fund;
(B) may be used in any subsequent fiscal year in accordance
with paragraph (2); and
(C) shall not be reprogrammed by the Secretary for any
other use.
(f) Review.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with
the advisory committee, shall review, and submit to Congress
a report regarding--
(1) activities carried out under the plan during the
preceding 2 years;
(2) activities carried out by the advisory committee; and
(3) recommendations for funding for subsequent fiscal years
to carry out this section.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 2008 and 2009, of which--
(1) not less than 50 percent shall be deposited into the
indemnification fund established under subsection (e) for use
in accordance with that subsection; and
(2) not more than 50 percent shall be used for the costs of
carrying out the plan, including the costs of--
(A) administration of the plan;
(B) implementation of the plan;
(C) training and laboratory testing;
(D) cleaning and disinfection associated with depopulation
orders; and
(E) public education and outreach activities.
______

SA 3703. 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:

Beginning on page 1363, strike line 7 and all that follows
through page 1395, line 19 and insert the following:

Subtitle A--Individuals With Disabilities Education Trust Fund

SEC. 12101. ASSISTANCE FOR EDUCATING INDIVIDUALS WITH
DISABILITIES.

The Trade Act of 1974 (19 U.S.C. 2101 et seq.) is amended
by adding at the end the following:

``TITLE IX--ASSISTANCE FOR EDUCATING INDIVIDUALS WITH DISABILITIES

``SEC. 901. INDIVIDUALS WITH DISABILITIES EDUCATION TRUST
FUND.

``(a) Creation of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
`Individuals with Disabilities Education Trust Fund',
consisting of such amounts as may be appropriated or credited
to such Trust Fund as provided in this section.
``(b) Transfer to Trust Fund.--
``(1) In general.--There are appropriated to the
Individuals with Disabilities Education Trust Fund amounts
equivalent to 3.34 percent of the amounts received in the
general fund of the Treasury of the United States during
fiscal years 2008 through 2012 attributable to the duties
collected on articles entered, or withdrawn from warehouse,
for consumption under the Harmonized Tariff Schedule of the
United States.
``(2) Amounts based on estimates.--The amounts appropriated
under this section shall be transferred at least monthly from
the general fund of the Treasury of the United States to the
Individuals with Disabilities Education Trust Fund on the
basis

[[Page S14521]]

of estimates made by the Secretary of the Treasury. Proper
adjustments shall be made in the amounts subsequently
transferred to the extent prior estimates were in excess of
or less than the amounts required to be transferred.
``(c) Reports.--The Secretary of the Treasury shall be the
trustee of the Individuals with Disabilities Education Trust
Fund and shall submit an annual report to Congress each year
on the financial condition and the results of the operations
of such Trust Fund during the preceding fiscal year and on
its expected condition and operations during the 5 fiscal
years succeeding such fiscal year. Such report shall be
printed as a House document of the session of Congress to
which the report is made.
``(d) Expenditures From Trust Fund.--Amounts in the
Individuals with Disabilities Education Trust Fund shall be
available to the Secretary of Education to carry out part B
of the Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.).
``(e) Authority to Borrow.--
``(1) In general.--There are authorized to be appropriated,
and are appropriated, to the Individuals with Disabilities
Education Trust Fund, as repayable advances, such sums as may
be necessary to carry out the purposes of such Trust Fund.
``(2) Repayment of advances.--
``(A) In general.--Advances made to the Individuals with
Disabilities Education Trust Fund shall be repaid, and
interest on such advances shall be paid, to the general fund
of the Treasury when the Secretary determines that moneys are
available for such purposes in such Trust Fund.
``(B) Rate of interest.--Interest on advances made pursuant
to this subsection shall be--
``(i) at a rate determined by the Secretary of the Treasury
(as of the close of the calendar month preceding the month in
which the advance is made) to be equal to the current average
market yield on outstanding marketable obligations of the
United States with remaining periods to maturity comparable
to the anticipated period during which the advance will be
outstanding, and
``(ii) compounded annually.''.
______

SA 3704. 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:

On page 20, line 11, strike ``pulse crops,''.
On page 21, line 23, strike ``camelina,''.
On page 23, strike lines 7 through 9.
On page 24, strike lines 18 and 19.
On page 24, line 20, strike ``(D)'' and insert ``(C)''.
On page 26, strike lines 6 through 10.
On page 26, line 6, strike ``(E)'' and insert ``(D)''.
Beginning on page 27, strike line 12 and all that follows
through page 29, line 20.
On page 29, line 24, strike ``(other than pulse crops)''.
On page 35, strike lines 8 through 13.
On page 85, strike lines 4 and 5.
On page 85, line 6, strike ``(D)'' and insert ``(C)''.
On page 86, strike lines 18 through 22.
On page 86, line 23, strike ``(E)'' and insert ``(D)''.
Beginning on page 217, strike line 13 and all that follows
through page 219, line 24.
On page 220, line 22, strike ``pulse crops,''.
Beginning on page 254, strike line 19 and all that follows
through page 255, line 22.
______

SA 3705. 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. __. PROHIBITION ON COMMODITY PAYMENTS FOR FARM
OPERATIONS IN A SANCTUARY CITY.

(a) Prohibition.--No type of price support, loan, or
payment made available under title I of the Food and Energy
Security Act of 2007 (or an amendment made by that title),
the Commodity Credit Charter Act (15 U.S.C. 714 et seq.), or
any other Act may be made available to a producer for a
fiscal year on the basis of the operations of a farm located
in a sanctuary city unless the producer submits a
certification described in subsection (c) for such fiscal
year.
(b) Sanctuary City Defined.--In this section, the term
``sanctuary city'' means a subdivision of a State that
prohibits the employees of such subdivision, including law
enforcement officers, from seeking information from an
individual regarding the individual's immigration status or
providing such information to an appropriate employee of an
agency or department of the United States.
(c) Certification.--A certification described in this
subsection is a certification submitted to the Secretary of
Agriculture by a producer for a fiscal year that the
operations described in subsection (a) have not employed
within the past 12 months, or have utilized a contractor or
subcontractor that has employed within the past 12 months, an
alien who was unlawfully present in the United States at the
time such alien was hired.
______

SA 3706. 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:

On page 444, after line 22, insert the following:

SEC. 2___. DISCOVERY WATERSHED-ESTUARY ECOSYSTEM PROTECTION
DEMONSTRATION PROGRAM.

Chapter 5 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839bb et seq.) (as amended by section
2399) is amended by adding at the end the following:

``SEC. 1240T. DISCOVERY WATERSHED-ESTUARY ECOSYSTEM
PROTECTION DEMONSTRATION PROGRAM.

``(a) Establishment.--The Secretary, in coordination with
the Secretary of Commerce and the Administrator of the
National Oceanic and Atmospheric Administration, shall
establish and carry out a demonstration program in not less
than 30 coastal watersheds throughout the United States to
achieve the purposes described in subsection (b).
``(b) Purposes.--The purposes of the demonstration program
under this section are--
``(1) to prevent the impacts of nutrients, soil pollutants,
anthropogenic airborne contaminants, and agricultural
products on sensitive estuarine ecosystems located downstream
in coastal watersheds;
``(2) to monitor the effect of waterborne and airborne
agents on the watersheds of estuarine ecosystems;
``(3) to model the impacts on watersheds of estuarine
ecosystems using information made available to managers,
decisionmakers, and related stakeholders;
``(4) to mitigate those impacts using innovative
environmental technologies; and
``(5) to assess the cost-effectiveness and performance of
those technologies to provide guidance with respect to the
implementation of best practices.
``(c) Interagency Agreements.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
enter into an agreement with the Secretary of Commerce and
the Administrator of the National Oceanic and Atmospheric
Administration to carry out this section.
``(2) Contents.--The agreement entered into under paragraph
(1) shall, to the maximum extent practicable--
``(A) facilitate coordination among research programs
within agencies to ensure the success of the demonstration
program under this section;
``(B) ensure the use of the best efforts of each applicable
department and agency to integrate the sharing of information
and best practices;
``(C) require the provision of timely, evaluated
information to assist the Secretary in assessing the cost-
effectiveness and performance of the demonstration program
under this section;
``(D) provide for specific connectivity for research
programs within the National Oceanic and Atmospheric
Administration; and
``(E) facilitate the leveraging of resources in support of
the demonstration program under this section.
``(d) Selection of Coastal Watersheds.--
``(1) In general.--In selecting the 30 coastal watersheds
for purposes of subsection (a), the Secretary shall take into
consideration the extent to which--
``(A) reducing impacts on an estuarine ecosystem of a
coastal watershed is possible;
``(B) a project carried out at a coastal watershed under
the demonstration program--
``(i) would use innovative approaches to attract a high
level of participation in the watershed to ensure success;
``(ii) could be implemented through a third party,
including--

``(I) the National Oceanic and Atmospheric Administration;
``(II) a unit of State or local government;
``(III) a conservation organization; or
``(IV) another organization with appropriate expertise;

``(iii) would leverage funding from Federal, State, local,
and private sources; and
``(iv) would demonstrate best practices to manage--

``(I) pollutant impact and habitat restoration;
``(II) coastal and estuarine environmental technology
evaluations and adoption;
``(III) watershed modeling from whitewater to bluewater;
and
``(IV) air mass contaminant monitoring;

``(C) baseline data relating to water quality and
agricultural practices and contributions from nonagricultural
sources relevant to the watershed has been collected or could
be readily collected; and
``(D) water and air quality monitoring infrastructure is in
place or could reasonably be put in place in a small
watershed.
``(2) Requirement.--The Secretary shall select to
participate in the demonstration program under this section
each coastal watershed that is challenged with an
anthropogenic input, including the coastal watersheds of--
``(A) the Gulf of Maine;
``(B) Long Island Sound;
``(C) Chesapeake Bay; and
``(D) coastal Georgia, Mississippi, and South Carolina.
``(e) Use of Funds.--The Secretary shall use funds made
available to carry out this section in each coastal watershed
selected for purposes of subsection (a)--

[[Page S14522]]

``(1) to support demonstration projects in the coastal
watershed;
``(2) to provide and assess financial incentives for
leveraging the demonstration projects;
``(3) to monitor the performance and costs of best
practices; and
``(4) to provide the Federal share of the cost of data
collection, monitoring, and analysis.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section, of which not less than $30,000,000
shall be made available to the National Oceanic and
Atmospheric Administration for each fiscal year to support
the demonstration program under this section.''.
______

SA 3707. 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. __. PROHIBITION ON COMMODITY PAYMENTS FOR FARM
OPERATIONS IN A SANCTUARY CITY.

No type of price support, loan, or payment made available
under title I of the Food and Energy Security Act of 2007 (or
an amendment made by that title), the Commodity Credit
Charter Act (15 U.S.C. 714 et seq.), or any other Act may be
made available to a producer on the basis of the operations
of a farm located in a subdivision of a State that prohibits
the employees of such subdivision, including law enforcement
officers, from seeking information from an individual
regarding the individual's immigration status or providing
such information to an appropriate employee of an agency or
department of the United States.
______

SA 3708. Ms. MURKOWSKI (for herself and Mr. Stevens) submitted an
amendment intended to be proposed by her to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

On page 247, line 17, insert ``wild salmon,'' after
``nursery crops,''.
______

SA 3709. Ms. COLLINS submitted an amendment intended to be proposed
by her to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

On page 402, strike lines 17 through 21 and insert the
following:
(iv) allow for monitoring and evaluation;
(v) assist producers in meeting Federal, State, and local
regulatory requirements; and
(vi) assist producers in enhancing fish and wildlife
habitat.
______

SA 3710. Mr. LUGAR 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 C of title III, add the following:

SEC. 32__. CORRECTIVE LEGISLATION.

(a) Definition of Joint Resolution.--In this section, the
term ``joint resolution'' means only a joint resolution
introduced during the 90-day period beginning on the date on
which the report referred to in subsection (b) is received by
Congress (excluding days either House of Congress is
adjourned for more than 3 days during a session of Congress),
the matter after the resolving clause of which is as follows:
``That Congress approves the draft legislation included in
the report required under section __(b) of the Food and
Energy Security Act of 2007 submitted by the President to
Congress on ____, and the legislation shall have force and
effect.'' (The blank spaces being appropriately filled in).
(b) Report.--Not later than 90 days after the date of final
adjudication of any appeals by the President relating to a
finding that any United States commodity program is in
violation of a trading rule of the World Trade Organization,
the President may submit to each House of Congress a report
that includes--
(1) a notification of any effective date of sanctions to be
imposed for failure to correct the violation; and
(2) draft legislation for use in correcting the violation.
(c) Congressional Action.--Subject to subsection (f), if
Congress receives a notification described in subsection
(b)(1), the approval of Congress of the draft legislation
submitted under subsection (b)(2) shall be effective if, and
only if, a joint resolution is enacted into law pursuant to
subsections (d) and (e).
(d) Procedural Provisions.--
(1) In general.--The requirements of this subsection are
met if--
(A) a joint resolution is adopted under subsection (e); and
(B)(i) Congress transmits the joint resolution to the
President before the end of the 90-day period beginning on
the date on which Congress receives the report of the
President under subsection (b); and
(ii)(I) the President signs the joint resolution; or
(II) if the President vetoes the joint resolution, each
House of Congress votes to override that veto on or before
the later of--
(aa) the last day of the 90-day period referred to in
clause (i); or
(bb) the last day of the 15-day period beginning on the
date on which Congress receives the veto message from the
President.
(2) Introduction.--A joint resolution to which this
subsection applies may be introduced at any time on or after
the date on which Congress receives the report of the
President under subsection (b).
(e) Joint Resolution.--
(1) Procedures.--
(A) In general.--Joint resolutions--
(i) may be introduced in either House of Congress by any
Member of such House; and
(ii) shall be referred--

(I) to the Committee on Agriculture of the House of
Representatives, if the joint resolution is introduced in the
House of Representatives; or
(II) to the Committee on Agriculture, Nutrition, and
Forestry of the Senate, if the joint resolution is introduced
in the Senate.

(B) Application of section 151 of the trade act of 1974.--
Subject to the provisions of this subsection, the provisions
of subsections (c), (d), (f), and (g) of section 151 of the
Trade Act of 1974 (19 U.S.C. 2191(c), (d), (f), and (g))
shall apply to joint resolutions to the same extent as such
provisions apply to implementing bills under that section.
(C) Discharge of committee.--If a committee of either House
to which a joint resolution has been referred has not
reported the joint resolution by the close of the 45th day
after its introduction--
(i) the committee shall be automatically discharged from
further consideration of the joint resolution; and
(ii) the joint resolution shall be placed on the
appropriate calendar.
(D) Floor consideration.--It shall not be in order for--
(i) the Senate to consider any joint resolution unless the
joint resolution has been reported by the Committee on
Agriculture, Nutrition, or Forestry of the Senate or the
committee has been discharged under subparagraph (C);
(ii) the House of Representatives to consider any joint
resolution unless the joint resolution has been reported by
the Committee on Agriculture of the House of Representatives
or the committee has been discharged under subparagraph (C);
or
(iii) either House to consider any joint resolution or take
any action under clause (i) or (ii) of subsection (d)(1)(B),
if the President has notified the appropriate committees that
the decision to impose sanctions described in subsection
(b)(1) has been withdrawn and the sanctions have not actually
been imposed.
(E) Consideration in the house.--A motion in the House of
Representatives to proceed to the consideration of a joint
resolution may only be made on the second legislative day
after the calendar day on which the Member making the motion
announces his or her intention to do so.
(2) Consideration of second resolution not in order.--It
shall not be in order in either the House of Representatives
or the Senate to consider another joint resolution under this
section (other than a joint resolution received from the
other House), if that House has previously voted on a joint
resolution under this section with respect to the same
presidential notification described in subsection (b)(1).
(3) Computation of time period.--For the purpose of
subsection (d)(1)(B)(ii)(II) and paragraph (1)(C), the 90-day
period, the 15-day period, and the 45 days referred to in
those provisions shall be computed by excluding--
(A) the days on which either House is not in session
because of an adjournment of more than 3 days to a day
certain or an adjournment of the Congress sine die; and
(B) any Saturday and Sunday, not excluded under
subparagraph (A), when either House is not in session.
(4) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and such
procedures supersede other rules only to the extent that such
procedures are inconsistent with such other rules; and
(B) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to
the procedures of that House) at any time, in the same
manner, and to the same extent as any other rule of that
House.
(f) Intervening Enactment.--A joint resolution shall not be
required under this section if, during the period beginning
on the date on which the President submits to Congress draft
legislation under subsection (b)(2) and ending on the date on
which Congress enacts a joint resolution under subsection
(e), a law containing or preempting the draft legislation is
enacted.
______

SA 3711. Mr. LUGAR (for himself, Mr. Lautenberg, Mr. Menendez, Mr.
Cardin, Mr. Whitehouse, Mr. Reed, Mr. Hatch, Ms. Collins, Mr. Domenici,

[[Page S14523]]

Mr. Nelson of Florida, Mr. Sununu, and Mr. McCain) 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:

Beginning on page 24, strike line 1 and all follows through
page 124, line 20, and insert the following:

Subtitle A--Traditional Payments and Loans

SEC. 1101. COMMODITY PROGRAMS.

(a) Repeals.--Subtitles A through C of title I of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et
seq.) (other than sections 1001, 1101, 1102, 1103, 1104, and
1106) are repealed.
(b) Base Acres and Payment Acres.--Section 1101 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7911) is
amended--
(1) in subsections (a)(1) and (e)(2), by striking ``and
counter-cyclical payments'' each place it appears; and
(2) by adding at the end the following:
``(i) Production of Fruits or Vegetables for Processing.--
``(1) In general.--Subject to paragraphs (2) and (3), the
producers on a farm, with the consent of the owner of and any
other producers on the farm, may reduce the base acres for a
covered commodity for the farm if the reduced acres are used
for the planting and production of fruits or vegetables for
processing.
``(2) Reversion to base acres for covered commodity.--Any
reduced acres on a farm devoted to the planting and
production of fruits or vegetables during a crop year under
paragraph (1) shall be included in base acres for the covered
commodity for the subsequent crop year, unless the producers
on the farm make the election described in paragraph (1) for
the subsequent crop year.
``(3) Recalculation of base acres.--
``(A) In general.--Subject to subparagraph (B), if the
Secretary recalculates base acres for a farm, the planting
and production of fruits or vegetables for processing under
paragraph (1) shall be considered to be the same as the
planting, prevented planting, or production of the covered
commodity.
``(B) Authority.--Nothing in this subsection provides
authority for the Secretary to recalculate base acres for a
farm.''.
(c) Payment Yields.--Section 1102 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7912) is amended--
(1) in subsection (a), by striking ``and counter-cyclical
payments'';
(2) in subsection (b), by striking ``2007'' and inserting
``2012'';
(3) in subsection (c), by striking ``, but before'' and all
that follows through ``subsection (e)''; and
(4) by striking subsection (e).
(d) Recourse Loan Program.--Subtitle F of title I of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7991
et seq.) is amended by adding at the end the following:

``SEC. 1619. RECOURSE LOAN PROGRAM.

``For each of the 2008 through 2012 crop years, the
Secretary shall establish a recourse loan program for each
loan commodity at a rate of interest to be determined by the
Secretary.''.
(e) Administration.--
(1) Suspension of permanent price support authority.--
Section 1602 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7992) is amended by striking ``2007'' each
place it appears and inserting ``2012''.
(2) Adjusted gross income limitation.--Section 1001D(e) of
the Food Security Act of 1985 (7 U.S.C. 1308-3a(e)) is
amended by striking ``2007'' and inserting ``2012''.
(f) Availability of Counter-Cyclical Payments.--Section
1104 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 7914) is amended--
(1) by striking ``2007'' each place it appears (other than
paragraphs (3)(B) and (4)(B) of subsection (f)) and inserting
``2008''; and
(2) in subsection (f)--
(A) in paragraph (3)(B)--
(i) in the subparagraph heading, by striking ``2007 crop
year'' and inserting ``2007 and 2008 crop years''; and
(ii) by striking ``the 2007 crop year'' and inserting
``each of the 2007 and 2008 crop years''; and
(B) in paragraph (4)(B)--
(i) in the subparagraph heading, by striking ``2007 crop
year'' and inserting ``2007 and 2008 crop years''; and
(ii) by striking ``the 2007 crop year'' each place it
appears and inserting ``each of the 2007 and 2008 crop
years''.
(g) Availability of Direct Payments.--Section 1103 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
7913) is amended--
(1) in subsection (a), by striking ``For each of the 2002
through 2007'' and inserting ``For each of the 2008 through
2012''; and
(2) in subsection (c), by adding at the end the following:
``(4)(A) In each of crop years 2008 and 2009, 25 percent.
``(B) In each of crop years 2010 and 2011, 20 percent.
``(C) In crop year 2012, 0 percent.''.
On page 233, strikes lines 8 through 13 and insert the
following:
``(e) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
section $1,000,000 for each of fiscal years 2008 through
2012.''.
On page 246, strike lines 3 through 10 and insert the
following:
``(i) Funding.--
``(1) In general.--Subject to paragraph (2), of the funds
of the Commodity Credit Corporation, the Secretary of
Agriculture shall make grants under this section, using--
``(A) $135,000,000 for fiscal year 2008;
``(B) $140,000,000 for fiscal year 2009;
``(C) $145,000,000 for fiscal year 2010;
``(D) $150,000,000 for fiscal year 2011; and
``(E) $0 for fiscal year 2012.
``(2) Aquaculture and seafood products.--Of the amount made
available under subparagraphs (A) through (D) of paragraph
(1), the Secretary shall ensure that at least $50,000 is used
each fiscal year to promote the competitiveness of
aquacultural and seafood products.''.
On page 247, line 17, insert ``seafood products,
aquaculture (including ornamental fish), sea grass, sea
oats,'' after ``floriculture,''.
On page 265, strike lines 9 and 10 and insert the
following:
(1) by striking subparagraph (A) and inserting the
following:
``(A) Basic fee.--
``(i) In general.--Except as provided in clause (ii), each
producer shall pay an administrative fee for catastrophic
risk protection in an amount that is, as determined by the
Corporation, equal to 25 percent of the premium amount for
catastrophic risk protection established under subsection
(d)(2)(A) per crop per county.
``(ii) Maximum amount.--The total amount of administrative
fees for catastrophic risk protection payable by a producer
under clause (i) shall not exceed $5,000 for all crops in all
counties.''.
Beginning on page 273, strike line 1 and all that follows
through page 274, line 2.
On page 276, between lines 2 and 3, insert the following:

SEC. 19__. CONTROLLING CROP INSURANCE PROGRAM COSTS.

(a) Share of Risk.--Section 508(k)(3) of the Federal Crop
Insurance Act (7 U.S.C. 1508(k)(3)) is amended by striking
paragraph (3) and inserting the following:
``(3) Share of risk.--
``(A) In general.--Except as provided in subparagraph (B),
the reinsurance agreements of the Corporation with a
reinsured company shall require the reinsured company to
provide to the Corporation 30 percent of the cumulative
underwriting gain or loss of the reinsured company.
``(B) Livestock.--In the case of a policy or plan of
insurance covering livestock, the reinsurance agreements of
the Corporation with the reinsured companies shall require
the reinsured companies to bear a sufficient share of any
potential loss under the agreement so as to ensure that the
reinsured company will sell and service policies of insurance
in a sound and prudent manner, taking into consideration the
financial condition of the reinsured companies and the
availability of private reinsurance.''.
(b) Reimbursement Rate.--Section 508(k)(4)(A) of the
Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)(A)) is
amended by striking clause (ii) and inserting the following:
``(ii) for each of the 2008 and subsequent reinsurance
years--

``(I) 15 percent of the premium used to define loss ratio;
and
``(II) in the case of a policy or plan of insurance
covering livestock, 27 percent of the premium used to define
loss ratio.''.

SEC. 19__. SUPPLEMENTAL DEDUCTIBLE COVERAGE.

(a) In General.--Section 508(c)(4) of the Federal Crop
Insurance Act (7 U.S.C. 1508(c)(4)) is amended--
(1) by striking ``The level of coverage'' and inserting the
following:
``(A) Basic coverage.--The level of coverage''; and
(2) by adding at the end the following:
``(B) Supplemental coverage.--
``(i) In general.--Notwithstanding paragraph (3) and
subparagraph (A), the Corporation may offer supplemental
coverage, based on an area yield and loss basis, to cover
that portion of a crop loss not covered under the individual
yield and loss basis plan of insurance of a producer,
including any revenue plan of insurance with coverage based
in part on individual yield and loss.
``(ii) Limitation.--The sum of the indemnity paid to the
producer under the individual yield and loss plan of
insurance and the supplemental coverage may not exceed 100
percent of the loss incurred by the producer for the crop.
``(iii) Administrative and operating expense
reimbursement.--Notwithstanding subsection (k)(4), the
reimbursement rate for approved insurance providers for the
supplemental coverage shall equal 6 percent of the premium
used to define the loss ratio.
``(iv) Direct coverage.--If the Corporation determines that
it is in the best interests of producers, the Corporation may
offer supplemental coverage as a Corporation endorsement to
existing plans and policies of crop insurance authorized
under this title.
``(v) Payment of portion of premium by corporation.--
Notwithstanding subsection (e), the amount of the premium to
be paid by the Corporation for supplemental coverage offered
pursuant to this subparagraph shall be determined by the
Corporation, but may not exceed the sum of--

``(I) 50 percent of the amount of premium established under
subsection (d)(2)(C)(i); and

[[Page S14524]]

``(II) the amount determined under subsection (d)(2)(C)(ii)
for the coverage level selected to cover operating and
administrative expenses.''.

(b) Conforming Amendments.--Section 508(d)(2) of the
Federal Crop Insurance Act (7 U.S.C. 1508(d)(2)) is amended--
(1) by striking ``additional coverage'' the first place it
appears and inserting ``additional and supplemental
coverages''; and
(2) by adding at the end the following:
``(C) Supplemental coverage.--In the case of supplemental
coverage offered under subsection (c)(4)(B), the amount of
the premium shall--
``(i) be sufficient to cover anticipated losses and a
reasonable reserve; and
``(ii) include an amount for operating and administrative
expenses, as determined by the Corporation on an industry-
wide basis as a percentage of the amount of the premium used
to define loss ratio.''.

SEC. 19__. REVENUE-BASED SAFETY NET.

(a) Establishment.--Section 508(c) of the Federal Crop
Insurance Act (7 U.S.C. 1508(c)) is amended by adding at the
end the following:
``(11) Group risk income protection and group risk
protection.--The Corporation shall offer, at no cost to a
producer, revenue and yield coverage plans that allow
producers in a county to qualify for an indemnity if the
actual revenue or yield per acre in the county in which the
producer is located is below 85 percent of the average
revenue or yield per acre for the county, for each
agricultural commodity for which a futures price is
available, or as otherwise approved by the Secretary, to the
extent the coverage is actuarially sound.''.
(b) Premiums.--Section 508(e)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1508(e)(2)) is amended by adding at
the end the following:
``(H) In the case of a group risk income protection and
group risk protection offered under subsection (c)(11)
beginning in fiscal year 2009, and the whole farm insurance
plan offered under subsection (c)(12) beginning in fiscal
year 2010, the entire amount of the premium for the plan
shall be paid by the Corporation.''.

SEC. 19__. WHOLE FARM INSURANCE.

(a) Establishment.--Section 508(c) of the Federal Crop
Insurance Act (7 U.S.C. 1508(c)) (as amended by section
19__(a)) is amended by adding at the end the following:
``(12) Whole farm insurance plan.--The Corporation shall
offer, at no cost to a producer described in paragraph (11),
a whole farm insurance plan that allows the producer to
qualify for an indemnity if actual gross farm revenue is
below 80 percent of the average gross farm revenue of the
producer.''.
(b) Adjusted Gross Revenue Insurance Pilot Program.--
Section 523(e) of the Federal Crop Insurance Act (7 U.S.C.
1523(e)) is amended--
(1) in paragraph (1), by striking ``2004'' and inserting
``2012'';
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) In general.--In addition to counties otherwise
included in the pilot program, the Corporation shall include
in the pilot program for each of the 2010 through 2012
reinsurance years all States and counties that meet the
criteria for selection (pending required rating), as
determined by the Corporation.''; and
(3) by adding at the end the following:
``(3) Eligible producers.--The Corporation shall permit the
producer of any type of agricultural commodity (including a
producer of specialty crops, floricultural, ornamental
nursery, and Christmas tree crops, turfgrass sod, seed crops,
aquacultural products (including ornamental fish), sea grass
and sea oats, and industrial crops) to participate in a pilot
program established under this subsection.''.
(c) Prevention of Duplication.--Section 508(c) of the
Federal Crop Insurance Act (7 U.S.C. 1508(c)) (as amended by
subsection (a)) is amended by adding at the end the
following:
``(13) Prevention of duplication.--The Administrator of the
Risk Management Agency and Administrator of the Farm Service
Agency shall cooperate to ensure, to the maximum extent
practicable, that producers on a farm do not receive
duplicative compensation under Federal law for the same loss,
including by reducing crop insurance indemnity payments.''.
On page 295, between lines 16 and 17, insert the following:

SEC. 19__. CROP INSURANCE EDUCATION ASSISTANCE.

(a) Partnerships for Risk Management Education.--Section
524(a)(3) of the Federal Crop Insurance Act (7 U.S.C.
1524(a)(3)) is amended--
(1) in subparagraph (B), by striking ``A grant'' and
inserting ``Subject to subparagraph (E), a grant''; and
(2) by adding at the end the following:
``(E) Allocation to states.--The Secretary shall allocate
funds made available to carry out this subsection for each
fiscal year in a manner that ensures that grants are provided
to eligible entities in States based on the ratio that the
value of agricultural production of each State bears to the
total value of agricultural production in all States, as
determined by the Secretary.''.
(b) Funding.--Paragraph (5) of section 524(a) of the
Federal Crop Insurance Act (7 U.S.C. 1524(a)) (as
redesignated by section 1920(2)) is amended by striking
subparagraph (B) and inserting the following:
``(B) for the partnerships for risk management education
program established under paragraph (3)--
``(i) $20,000,000 for fiscal year 2008, of which not less
than $15,000,000 shall be used to provide educational
assistance with respect to whole farm and adjusted gross
revenue insurance plans;
``(ii) $15,000,000 for fiscal year 2009, of which not less
than $10,000,000 shall be used to provide educational
assistance described in clause (i);
``(iii) $10,000,000 for fiscal year 2010, of which not less
than $5,000,000 shall be used to provide educational
assistance described in clause (i); and
``(iv) $5,000,000 for fiscal year 2011 and each fiscal year
thereafter.''.
On page 299, between lines 15 and 16, insert the following:

Subtitle B--Risk Management Accounts

SEC. 1931. DEFINITIONS.

In this subtitle:
(1) Adjusted gross revenue.--The term ``adjusted gross
revenue'', with respect to a farm of an operator or producer,
means the adjusted gross income of the farm, as determined by
the Secretary, from the sale or transfer of eligible
commodities of the farm, as calculated--
(A) taking into consideration the gross receipts (including
insurance indemnities) from each sale;
(B) including all farm payments received by the operator or
producer from any Federal, State, or local government agency
relating to the eligible commodities;
(C) by deducting the cost or basis of any eligible
livestock or other item purchased for resale, such as feeder
livestock, by the farm;
(D) excluding any revenue that does not arise from the sale
of eligible commodities of the farm, such as revenue
associated with the packaging, merchandising, marketing, or
reprocessing beyond what is typically carried out by a
producer of the eligible commodity, as determined by the
Secretary; and
(E) using such adjustments, additions, and additional
documentation as the Secretary determines to be appropriate,
as presented on--
(i) a schedule F form of the Federal income tax returns of
the operator or producer; or
(ii) a comparable tax form relating to the farm, as
approved by the Secretary.
(2) Applicable year.--The term ``applicable year'' means a
fiscal year covered by a risk management account contract.
(3) Average adjusted gross revenue.--The term ``average
adjusted gross revenue'' means--
(A) the rolling average of the adjusted gross revenue of an
operator or producer for each of the 5 preceding taxable
years; or
(B) in the case of a beginning farmer or rancher, or
another agricultural operation that does not have adjusted
gross revenue for each of the 5 preceding taxable years, the
estimated income of the operation for the applicable year, as
determined by the Secretary.
(4) Eligible commodity.--The term ``eligible commodity''
means any annual or perennial crop raised or produced by an
operator or producer.
(5) Farm.--
(A) In general.--The term ``farm'' means any parcel of land
used for the raising or production of an eligible commodity
that is considered to be a separate operation, as determined
by the Secretary.
(B) Inclusions.--The term ``farm'' includes--
(i) any parcel of land and related agricultural production
facilities on which an operator or producer has more than de
minimis operational control; and
(ii) any parcel of land subject to more than de minimis
common ownership, as determined by the Secretary, unless the
common owners of the parcel--

(I) except with respect to a conservation condition
established in an applicable rental agreement, do not have
operational control regarding any portion of the parcel; and
(II) do not share in the proceeds of the parcel, other than
cash rent.

(C) Exclusion.--The term ``farm'' does not include a parcel
that is not a portion of a farm subject to a risk management
account contract.
(D) Applicability of cfr.--Except as otherwise provided in
this subtitle or by the Secretary, by regulation, part 718 of
title 7, Code of Federal Regulations (or successor
regulations), shall apply to the definition, constitution,
and reconstitution of a farm for purposes of this paragraph.
(6) Operator.--The term ``operator'' means a producer who
controls an agricultural operation on a farm, as determined
by the Secretary.
(7) Producer.--The term ``producer'' means a person that,
as determined by the Secretary, for an applicable year--
(A) shares in the risk of producing, or provides a material
contribution in producing, an eligible commodity;
(B) has a substantial beneficial interest in the farm on
which the eligible commodity is produced;
(C)(i) for each of the 5 preceding taxable years, has
filed--
(I) a schedule F form of the Federal income tax return
relating to the eligible commodity; or
(II) a comparable tax form related to the eligible
commodity, as approved by the Secretary; or
(ii) is a beginning farmer or rancher, or another producer
that does not have adjusted

[[Page S14525]]

gross revenue for each of the 5 preceding taxable years, as
determined by the Secretary; and
(D)(i) during the 5 preceding taxable years, has earned at
least $10,000 in average adjusted gross revenue;
(ii) is a limited resource farmer or rancher, as determined
by the Secretary; or
(iii) in the case of a beginning farmer or rancher, or
another producer that does not have adjusted gross revenue
for each of the 5 preceding taxable years, has at least
$10,000 in estimated income from all farms for the applicable
year, as determined by the Secretary.
(8) Risk management account.--The term ``risk management
account'' means a farm income stabilization assistance
account maintained at a qualified financial institution in
accordance with such terms as the Secretary may establish.

SEC. 1932. RISK MANAGEMENT ACCOUNT CONTRACTS.

(a) Establishment of Program.--The Secretary shall
establish and carry out a program under which the Secretary
shall offer to enter into contracts with eligible operators
and producers in accordance with this section--
(1) to provide to the operators and producers a reserve to
assist in the stabilization of farm income during low-revenue
years;
(2) to assist operators and producers to invest in value-
added farms; and
(3) to recognize high levels of environmental stewardship.
(b) Eligibility.--
(1) In general.--Any operator that has participated in a
commodity program under title I of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.), and
that otherwise meets each eligibility requirement under this
subtitle, shall be eligible to enter into a risk management
account contract for agricultural production during each of
fiscal years 2008 through 2012.
(2) Other producers.--A producer that is not an operator
described in paragraph (1) shall be eligible to enter into a
risk management account contract for agricultural production
during each of fiscal years 2008 through 2012.
(3) Limitations.--
(A) In general.--No farm or portion of a farm shall be
subject to more than 1 risk management account contract
during any fiscal year.
(B) Multiple risk management account contracts.--
(i) In general.--Except as provided in clause (ii), no
operator or producer shall participate or have a beneficial
interest in more than 1 risk management account contract
during any fiscal year.
(ii) Exception.--Notwithstanding clause (i), an operator
that is eligible to receive a transition payment during a
fiscal year, and that participates or has a beneficial
interest in a risk management account contract during that
fiscal year, may enter into an additional risk management
account contract during the fiscal year if--

(I) the additional risk management account contract is
entered into solely for the purpose of receiving the
transition payment; and
(II) the operator is not otherwise eligible to participate
or have a beneficial interest in the additional risk
management account contract.

(c) Risk Management Accounts.--
(1) In general.--Each risk management account contract
entered into under this section shall establish, in the name
of the farm of the operator or producer, as applicable, in an
appropriate financial institution and subject to such
investment rules and other procedures as the Secretary, on
approval of the Secretary of the Treasury, determines to be
necessary to provide reasonable assurance of the viability
and stability of the account, a risk management account, to
consist of--
(A) such amounts as are transferred to the risk management
account by the Secretary during an applicable year in
accordance with paragraph (2) (including the amendments made
by that paragraph); and
(B) such amounts as are voluntarily contributed by the
operator or producer during the applicable year in accordance
with paragraph (6).
(2) Transfers.--Section 1103 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7913) is amended by adding
at the end the following:
``(e) Risk Management Accounts.--Of the total amount of
direct payments made to producers, payments in excess of
$10,000 for a crop year shall be deposited into risk
management accounts established under section 1102 of the
Food and Energy Security Act of 2007.''.
(3) Operator and producer contributions.--During any
applicable year, an operator or producer may voluntarily
contribute to the risk management account of the operator or
producer.
(4) Withdrawals.--
(A) In general.--An operator or producer may withdraw
amounts in the risk management account of the operator or
producer only--
(i) for an applicable year during which the adjusted gross
revenue of the operator or producer is equal to less than 95
percent of the average adjusted gross revenue of the operator
or producer, in an amount that is equal to the lesser of--

(I) the difference between--

(aa) the average adjusted gross revenue of the operator or
producer; and
(bb) the adjusted gross revenue of the operator or
producer; and

(II) the amount of coverage that could be purchased under
an adjusted gross revenue product available to the operator
or producer through the Federal crop insurance program;

(ii) for investment in a value-added agricultural operation
that contributes to the agricultural economy, as determined
by the Secretary, and is not farmland or equipment used to
produce raw agricultural products, an amount equal to the
product obtained by multiplying--

(I) the total amount in the risk management account of the
operator or producer on September 30 of the preceding
applicable year; and
(II) 10 percent;

(iii) as the Secretary determines to be necessary to
protect the solvency of a farm of the operator or producer;
or
(iv) to purchase revenue insurance or crop insurance.
(B) Transfer to ira account.--In any calendar year, an
individual operator or producer aged 65 years or older who is
the holder of a risk management account in existence for at
least 5 years may elect to rollover not more than 15 percent
of the balance of the risk management account into an
individual retirement account pursuant to section 408 of the
Internal Revenue Code of 1986.
(5) Limitations.--
(A) Attribution requirement.--The Secretary shall ensure
that each payment transferred to a risk management account
under this subsection is attributed to an individual operator
or producer that is a party to the applicable risk management
account contract.
(B) No individual benefit.--
(i) In general.--The Secretary shall ensure that no
individual operator or producer receives a direct benefit
from more than 1 risk management account.
(ii) Proportional reduction.--The Secretary shall reduce
the amount of a standard payment under this subsection in an
amount equal to the proportion that--

(I) the amount of each direct or indirect benefit received
by the applicable individual operator or producer under the
applicable risk management account contract; bears to
(II) the amount of any direct or indirect benefit received
by the individual operator or producer under any other risk
management account contract under which a standard payment is
transferred to a risk management account.

(6) Conservation compliance.--Each operator, and each
holder of a beneficial interest in a farm subject to a risk
management account contract, shall comply with--
(A) applicable highly erodible land conservation
requirements under subtitle B of title XII of the Food
Security Act of 1985 (16 U.S.C. 3811 et seq.); and
(B) applicable wetland conservation requirements under
subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.).
(7) Regulations.--The Secretary shall promulgate such
regulations as the Secretary determines to be necessary to
carry out this subsection.

SEC. 1933. TREATMENT OF RISK MANAGEMENT ACCOUNT ACCOUNTS ON
TRANSFER.

(a) In General.--In transferring, by sale or other means,
any interest in a farm subject to a risk management account,
an operator or producer may elect--
(1) to transfer the risk management account to another farm
in which the operator or producer--
(A) has a controlling ownership interest; or
(B) not later than 2 years after the date of the transfer,
will acquire a controlling ownership interest;
(2) to transfer the risk management account to the
purchaser of the interest in the farm, if the purchaser is
not already a holder of a risk management account; or
(3)(A) if the operator or producer is an individual, to
rollover amounts in the risk management account into an
individual retirement account of the operator or producer
pursuant to section 408 of the Internal Revenue Code of 1986;
or
(B) if the operator or producer is not an individual, to
transfer amounts in the risk management account into an
account of any individual who has a substantial beneficial
interest in the farm (including a substantial beneficiary of
a trust that holds at least a 50 percent ownership interest
in the farm).
(b) Transfer or Acquisition of Land or Portion of
Operation.--The Secretary shall promulgate such regulations
as the Secretary determines to be appropriate to require
reformulation, reaffirmation, or abandonment of a risk
management account contract--
(1) on transfer of all or part of a farm under this
section; or
(2) on any other major change to the farm, as determined by
the Secretary.

SEC. 1934. ADMINISTRATION OF RISK MANAGEMENT ACCOUNTS.

(a) Implementation.--The Secretary shall carry out this
subtitle through the Farm Service Agency.
(b) Compliance.--The Secretary shall conduct random audits
of operators and producers subject to risk management account
contracts under this subtitle as the Secretary determines to
be necessary to ensure compliance with the risk management
account contracts.
(c) Violations.--If the Secretary determines that an
operator or producer is in violation of the terms of an
applicable risk management account contract--
(1) the operator or producer shall refund to the Secretary
an amount equal to the

[[Page S14526]]

amount transferred by the Secretary under section 1103(e) of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
7913(e)) to the affected risk management account during the
applicable year in which the violation occurred; and
(2) for a serious or deliberate violation, as determined by
the Secretary--
(A) the risk management account contract shall be
terminated; and
(B) amounts remaining in each applicable risk management
account as the result of a transfer by the Secretary under
section 1103(e) of that Act shall be refunded to the
Secretary.
(d) Regulations.--The Secretary shall promulgate such
regulations as the Secretary determines to be necessary to
carry out this subtitle.
(e) Adjusted Gross Income Limitation.--The adjusted gross
income limitation under section 1001D of the Food Security
Act of 1985 (7 U.S.C. 1308-3a) shall apply to participation
in the farm income stabilization assistance program under
this subtitle.
(f) Commodity Credit Corporation.--The Secretary shall use
the funds, facilities, and authorities of the Commodity
Credit Corporation to carry out this subtitle.
On page 347, strike lines 17 through 20 and insert the
following:

``SEC. 1237T. FUNDING.

``Of the funds of the Commodity Credit Corporation, the
Secretary shall use to carry out this subchapter $70,000,000
for each of the fiscal years 2008 through 2012.''.
On page 408, line 15, strike ``$165,000,000'' and
``$265,000,000''.
On page 444, after line 22, add the following:

SEC. 23__. MIGRATORY BIRD HABITAT CONSERVATION SECURITY
PROGRAM.

Chapter 5 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839bb et seq.) (as amended by section
2399) is amended by adding at the end the following:

``SEC. 1240S-1. MIGRATORY BIRD HABITAT CONSERVATION SECURITY
PROGRAM.

``(a) In General.--The Secretary, acting through the
Natural Resources Conservation Service, shall establish a
migratory bird habitat conservation program under which the
Secretary shall provide payments and technical assistance to
rice producers to promote the conservation of migratory bird
habitat.
``(b) Eligibility.--To be eligible for payments and
technical assistance under this section, an eligible producer
shall maintain on rice acreage of the producer (as determined
by the Secretary)--
``(1) straw residue on a minimum of 50 percent of the rice
acreage by flooding, rolling, or stomping, and maintaining,
water depths of at least 4 inches from November through
February in a manner that benefits migratory waterfowl; or
``(2) if supplemental water is not available, planting a
winter cover crop (such as vetch) on the rice acreage.
``(c) Administration.--In carrying out this section, the
Secretary shall--
``(1) enroll not more than 100,000 acres of irrigated rice;
and
``(2) provide payments to a participating rice producer for
the value of the ecological benefit, but not less than $25
per acre.
``(d) Review.--In cooperation with a national, State, or
regional association of rice producers, the Secretary shall
periodically review--
``(1) the value of the ecological benefit of practices for
which assistance is provided under this section on a per acre
basis; and
``(2) the practices for which assistance is provided under
this section to maximize the wildlife benefit to migratory
bird populations on land in rice production.
``(e) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
section $13,000,000 for the period of fiscal years 2008
through 2012.''.
On page 445, line 20, strike ``$97,000,000'' and insert
``$120,000,000''.
On page 445, line 24 , strike ``$240,000,000'' and insert
``$400,000,000''.
On page 446, line 4, strike ``$1,270,000,000'' and insert
``$1,410,000,000''.
On page 446, line 6, strike ``$1,300,000,000'' and insert
``$1,420,000,000''.
On page 446, line 10, strike ``$85,000,000'' and insert
``$100,000,000''.
On page 508, between lines 20 and 21, insert the following:

SEC. 26__. CONSERVATION OF GREATER EVERGLADES ECOSYSTEM.

Of the funds of the Commodity Credit Corporation, the
Secretary shall use $7,000,000 for each of fiscal years 2008
through 2012 to provide assistance to 1 or more States to
carry out conservation activities in or for the greater
Everglades ecosystem.
On page 552, strike lines 3 through 6 and insert the
following:
(5) in subsection (l)--
(A) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the President shall use $450,000,000 for each of
fiscal years 2008 through 2012 to carry out this section.'';
and
(B) by redesignating paragraph (3) as paragraph (2).
On page 566, lines 9 and 10, strike ``$140, $239, $197, and
$123'' and insert ``$145, $248, $205, and $128''.
On page 567, line 3, strike ``$281'' and insert ``$291''.
On page 574, line 6, strike ``10 percent'' and inserting
``20 percent''.
Beginning on page 574, strike line 23 and all that follows
through page 575, line 3, and insert the following:
``(2) Amounts.--In addition to the amounts made available
under paragraph (1), from amounts made available to carry out
this Act, the Secretary shall use to carry out this
subsection--
``(A) for fiscal year 2008, $110,000,000; and
``(B) for fiscal year 2009 and each fiscal year thereafter,
an amount that is equal to the amount made available for the
previous fiscal year adjusted to the nearest lower dollar
increment to reflect changes for the 12-month period ending
the preceding June 30 in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics
of the Department of Labor.''.
On page 658, lines 18 through 21, strike ``for fiscal year
2008 and each fiscal year thereafter, of the funds of the
Commodity Credit Corporation, the Secretary of Agriculture
shall use $10,000,000'' and insert ``for fiscal year 2008 and
each fiscal year thereafter, of the funds of the Commodity
Credit Corporation, the Secretary of Agriculture shall use
$50,000,000''.
On page 659, between lines 19 and 20, insert the following:

SEC. 4703. WIC FARMERS' MARKET NUTRITION PROGRAM.

Section 17(m)(9)(A) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(m)(9)(A)) is amended--
(1) in clause (i), by striking ``each of fiscal years 2004
through 2009'' and inserting ``each fiscal year''; and
(2) by striking clause (ii) and inserting the following:
``(ii) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall make available to
carry out this subsection, $40,000,000 for each fiscal
year.''.
On page 664, between lines 15 and 16, insert the following:

SEC. 49__. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.

(a) Payments to Service Institutions.--Section 13(b) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1761(b)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) through (D) as
subparagraphs (A) through (C), respectively;
(C) in subparagraph (A) (as redesignated by subparagraph
(B)), by striking ``(A)'' and all that follows through
``shall not exceed--'' and inserting the following:
``(A) In general.--Subject to subparagraph (B), in addition
to amounts made available under paragraph (3), payments to
service institutions shall be--'';
(D) in subparagraph (B) (as redesignated by subparagraph
(B)), by striking ``subparagraph (B)'' and inserting
``subparagraph (A)''; and
(E) in subparagraph (C) (as redesignated by subparagraph
(B)), by striking ``(A), (B), and (C)'' and inserting ``(A)
and (B)''; and
(2) in the second sentence of paragraph (3), by striking
``full amount of State approved'' and all that follows
through ``maximum allowable''.
(b) Conforming Amendments.--Section 18 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769) is
amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) through (k) as
subsections (f) through (j), respectively.
(c) Effective Date.--The amendments made by this section
take effect on January 1 of the first full calendar year
following the date of enactment of this Act.
On page 663, between lines 17 and 18, insert the following:

Subtitle F--Food Employment Empowerment and Development Program

SEC. 4851. SHORT TITLE.

This subtitle may be cited as the ``Food Employment
Empowerment and Development Program Act of 2007'' or the
``FEED Act of 2007''.

SEC. 4852. DEFINITIONS.

In this subtitle:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that meets the requirements of section 4013(b).
(2) Vulnerable subpopulation.--
(A) In general.--The term ``vulnerable subpopulation''
means low-income individuals, unemployed individuals, and
other subpopulations identified by the Secretary as being
likely to experience special risks from hunger or a special
need for job training.
(B) Inclusions.--The term ``vulnerable subpopulation''
includes--
(i) addicts (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802));
(ii) at-risk youths (as defined in section 1432 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6472));
(iii) individuals that are basic skills deficient (as
defined in section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801));
(iv) homeless individuals (as defined in section 17(b) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(b));
(v) homeless youths (as defined in section 387 of the
Runaway and Homeless Youth Act (42 U.S.C. 5732a));
(vi) individuals with disabilities (as defined in section 3
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102));
(vii) low-income individuals (as defined in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C. 2801)); and

[[Page S14527]]

(viii) older individuals (as defined in section 102 of the
Older Americans Act of 1965 (42 U.S.C. 3002)).

SEC. 4853. FOOD EMPLOYMENT EMPOWERMENT AND DEVELOPMENT
PROGRAM.

(a) Establishment.--The Secretary shall establish a food
employment empowerment and development program under which
the Secretary shall make grants to eligible entities to
encourage the effective use of community resources to combat
hunger and the root causes of hunger by creating opportunity
through food recovery and job training.
(b) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be a public agency, or
private nonprofit institution, that conducts, or will
conduct, 2 or more of the following activities as an integral
part of the normal operation of the entity:
(1) Recovery of donated food from area restaurants,
caterers, hotels, cafeterias, farms, or other food service
businesses.
(2) Distribution of meals or recovered food to--
(A) nonprofit organizations described in section 501(c)(3)
of the Internal Revenue Code of 1986;
(B) entities that feed vulnerable subpopulations; and
(C) other agencies considered appropriate by the Secretary.
(3) Training of unemployed and underemployed adults for
careers in the food service industry.
(4) Carrying out of a welfare-to-work job training program
in combination with--
(A) production of school meals, such as school meals served
under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); or
(B) support for after-school programs, such as programs
conducted by community learning centers (as defined in
section 4201(b) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7171(b))).
(c) Use of Funds.--An eligible entity may use a grant
awarded under this section for--
(1) capital investments related to the operation of the
eligible entity;
(2) support services for clients, including staff, of the
eligible entity and individuals enrolled in job training
programs;
(3) purchase of equipment and supplies related to the
operation of the eligible entity or that improve or directly
affect service delivery;
(4) building and kitchen renovations that improve or
directly affect service delivery;
(5) educational material and services;
(6) administrative costs, in accordance with guidelines
established by the Secretary; and
(7) additional activities determined appropriate by the
Secretary.
(d) Preferences.--In awarding grants under this section,
the Secretary shall give preference to eligible entities that
perform, or will perform, any of the following activities:
(1) Carrying out food recovery programs that are integrated
with--
(A) culinary worker training programs, such as programs
conducted by a food service management institute under
section 21 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769b-1);
(B) school education programs; or
(C) programs of service-learning (as defined in section 101
of the National and Community Service Act of 1990 (42 U.S.C.
12511)).
(2) Providing job skills training, life skills training,
and case management support to vulnerable subpopulations.
(3) Integrating recovery and distribution of food with a
job training program.
(4) Maximizing the use of an established school, community,
or private food service facility or resource in meal
preparation and culinary skills training.
(5) Providing job skills training, life skills training,
and case management support to vulnerable subpopulations.
(e) Eligibility for Job Training.--To be eligible to
receive job training assistance from an eligible entity using
a grant made available under this section, an individual
shall be a member of a vulnerable subpopulation.
(f) Performance Indicators.--The Secretary shall establish,
for each year of the program, performance indicators and
expected levels of performance for meal and food distribution
and job training for eligible entities to continue to receive
and use grants under this section.
(g) Technical Assistance.--
(1) In general.--The Secretary shall provide technical
assistance to eligible entities that receive grants under
this section to assist the eligible entities in carrying out
programs under this section using the grants.
(2) Form.--Technical assistance for a program provided
under this subsection includes--
(A) maintenance of a website, newsletters, email
communications, and other tools to promote shared
communications, expertise, and best practices;
(B) hosting of an annual meeting or other forums to provide
education and outreach to all programs participants;
(C) collection of data for each program to ensure that the
performance indicators and purposes of the program are met or
exceeded;
(D) intervention (if necessary) to assist an eligible
entity to carry out the program in a manner that meets or
exceeds the performance indicators and purposes of the
program;
(E) consultation and assistance to an eligible entity to
assist the eligible entity in providing the best services
practicable to the community served by the eligible entity,
including consultation and assistance related to--
(i) strategic plans;
(ii) board development;
(iii) fund development;
(iv) mission development; and
(v) other activities considered appropriate by the
Secretary;
(F) assistance considered appropriate by the Secretary
regarding--
(i) the status of program participants;
(ii) the demographic characteristics of program
participants that affect program services;
(iii) any new idea that could be integrated into the
program; and
(iv) the review of grant proposals; and
(G) any other forms of technical assistance the Secretary
considers appropriate.
(h) Relationship to Other Law.--
(1) Bill emerson good samaritan food donation act.--An
action taken by an eligible entity using a grant provided
under this section shall be covered by the Bill Emerson Good
Samaritan Food Donation Act (42 U.S.C. 1791).
(2) Food handling guidelines.--In using a grant provided
under this section, an eligible entity shall comply with any
applicable food handling guideline established by a State or
local authority.
(3) Inspections.--An eligible entity using a grant provided
under this section shall be exempt from inspection under
sections 303.1(d)(2)(iii) and 381.10(d)(2)(iii) of volume 9,
Code of Federal Regulations (or a successor regulation), if
the eligible entity--
(A) has a hazard analysis and critical control point
(HACCP) plan;
(B) has a sanitation standard operating procedure (SSOP);
and
(C) otherwise complies with the Federal Meat Inspection Act
(21 U.S.C. 601 et seq.) and the Poultry Products Inspection
Act (21 U.S.C. 451 et seq.).
(i) Maximum Amount of Grant.--The amount of a grant
provided to an eligible entity for a fiscal year under this
section shall not exceed $200,000.
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $20,000,000 for each of fiscal years
2008 through 2012.
(2) Technical assistance.--Of the amount of funds that are
made available for a fiscal year under paragraph (1), the
Secretary shall use to provide technical assistance under
subsection (g) not more than the greater of--
(A) 5 percent of the amount of funds that are made
available for the fiscal year under paragraph (1); or
(B) $1,000,000.
Beginning on page 691, strike line 21 and all that follows
through page 692, line 17.
On page 981, line 12, strike ``$16,000,000'' and insert
``$30,000,000''.
Beginning on page 1046, strike line 15 and all that follows
through page 1053, line 23, and insert the following:

SEC. 8002. COMMUNITY FORESTS WORKING LAND PROGRAM.

Section 7 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103c) is amended--
(1) by redesignating subsection (m) as subsection (n); and
(2) by inserting after subsection (l) the following:
``(m) Community Forests Working Land Program.--
``(1) Definitions.--In this subsection:
``(A) Community forest land.--The term `community forest
land' means a parcel of land that is--
``(i) forested; and
``(ii) located, as determined by the Secretary, within, or
in close proximity to, a population center.
``(B) Unit of local government.--The term `unit of local
government' means a town, city, or other unit of local
government.
``(2) Purposes.--The purposes of the community forests
working land program are--
``(A) to help protect environmentally important forest land
near population centers, as determined by the Secretary;
``(B) to facilitate land use planning by units of local
government; and
``(C) to facilitate the donations, acceptance, and
enforcement of conservation easements on community forest
land.
``(3) Establishment.--The Secretary, in cooperation with
the States, shall offer financial and technical assistance to
units of local government by providing, in priority areas (as
defined by the Secretary)--
``(A) financial assistance to purchase conservation
easements on, facilitate the donation, acceptance, and
enforcement of conservation easements on, or otherwise
acquire, community forest land; and
``(B) technical assistance to facilitate--
``(i) conservation of community forests;
``(ii) management of community forests;
``(iii) training related to forest management and forest
conservation; and
``(iv) other forest conservation activities, as determined
by the Secretary.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $65,000,000
for each of fiscal years 2008 through 2012.''.
On page 1112, line 8, strike ``$300,000,000'' and insert
``$360,000,000''.
On page 1129, line 18, strike ``$230,000,000'' and insert
``$300,000,000''.
On page 1150, strike lines 11 through 24 and insert the
following:

[[Page S14528]]

``(h) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall use to carry
out this section $345,000,000 for the period of fiscal years
2008 through 2012, to remain available until expended.''.
On page 1295, strike lines 6 through 11 and insert the
following:
``(A) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out
this subsection $15,000,000 for each of fiscal years 2008
through 2012.'';
(ii) in subparagraph (B), by striking ``authorized to be
appropriated under subparagraph (A)'' and inserting ``made
available under subparagraph (A)''; and
(iii) by adding at the end the following:
______

SA 3712. Mr. HARKIN 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 755, after line 22, insert the following:

SEC. 60_. WATER OR WASTE DISPOSAL LOANS.

Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) (as amended by section
6010) is amended by adding at the end the following:
``(29) Water or waste disposal loans.--For fiscal year 2008
and each subsequent fiscal year, the Secretary shall make or
guarantee water or waste disposal loans under this title, and
the loan guarantee programs funded from the Agricultural
Credit Insurance Fund, under the authority and conditions
(including the fees, borrower interest rate, and the economic
assumptions of the President, as of September 1, 2006)
provided by the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2006
(Public Law 109-97; 119 Stat. 2120).''.
______

SA 3713. Mr. HARKIN 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 1491, between lines 11 and 12, insert the
following:

SEC. 12319. CERTAIN INCOME AND GAINS RELATING TO ALCOHOL
FUELS AND MIXTURES, BIODIESEL FUELS AND
MIXTURES, AND ALTERNATIVE FUELS AND MIXTURES
TREATED AS QUALIFYING INCOME FOR PUBLICLY
TRADED PARTNERSHIPS.

(a) In General.--Subparagraph (E) of section 7704(d)(1)
(defining qualifying income) is amended by inserting ``, or
the transportation or storage of any fuel described in
subsection (b), (c), (d), or (e) of section 6426, any alcohol
fuel as defined in section 6426(b)(4)(A) (including any neat
alcohol fuel), or any biodiesel fuel as defined in section
40A(d)(1)(A) (including neat biodiesel fuel)'' after
``timber''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act,
in taxable years ending after such date.
______

SA 3714. Mr. HARKIN 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 1491, between lines 11 and 12, insert the
following:

SEC. 12319. CERTAIN INCOME AND GAINS RELATING TO ALCOHOL
FUELS AND MIXTURES, BIODIESEL FUELS AND
MIXTURES, AND ALTERNATIVE FUELS AND MIXTURES
TREATED AS QUALIFYING INCOME FOR PUBLICLY
TRADED PARTNERSHIPS.

(a) In General.--Subparagraph (E) of section 7704(d)(1)
(defining qualifying income) is amended by inserting ``, or
the transportation or storage of any fuel described in
subsection (b), (c), (d), or (e) of section 6426, any alcohol
fuel as defined in section 6426(b)(4)(A) (including any neat
alcohol fuel), or any biodiesel fuel as defined in section
40A(d)(1)(A) (including neat biodiesel fuel)'' after
``timber)''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act,
in taxable years ending after such date.
______

SA 3715. Mr. HARKIN 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. 110__. COMPETITION REQUIREMENTS FOR PURCHASES FROM
FEDERAL PRISON INDUSTRIES.

(a) In General.--The Secretary shall cause the Acquisition
Regulation of the Department of Agriculture established under
chapter 4 of title 48, Code of Federal Regulations, to be
modified in accordance with subsection (b).
(b) Administration.--
(1) Competitive procedures.--A purchase of a product from
Federal Prison Industries shall be made using competitive
procedures (including the competition requirements applicable
to a purchase under a multiple award contract), if--
(A) market research conducted by the Department of
Agriculture determines that the product offered by Federal
Prison Industries is comparable in price, quality, or time of
delivery to products of the private sector that best meets
the needs of the Department in terms of price, quality, and
time of delivery; or
(B) Federal Prison Industries has a significant share of
the Federal market for a product listed in the latest edition
of the Federal Prison Industries catalog issued pursuant to
section 4124(d) of title 18, United States Code.
(2) Offers.--In conducting a purchase described in
paragraph (1), the Secretary shall consider a timely offer
made by Federal Prison Industries.
(3) Significant share of federal market.--For the purposes
of this subsection, Federal Prison Industries shall be
treated as having a significant share of the Federal market
for a product if the Secretary, in consultation with the
Administrator of the Office of Federal Procurement Policy,
determines that the share of Federal Prison Industries of the
Federal market for the category of the product is
significant.
______

SA 3716. Mr. HARKIN 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 1511, line 25, strike all through page
1517, line 19, and insert the following:
``(2) Allocation by secretary.--
``(A) In general.--In accordance with subparagraph (B), the
Secretary shall allocate the amount described in paragraph
(1) among at least 20 qualified projects, or such lesser
number of qualified projects--
``(i) with proper applications filed after 12 months after
the adoption of the selection process under subparagraph (B),
and
``(ii) for purposes provided for in regional investment
strategies for which regional innovation grants are awarded
under section 385F of subtitle I of the Consolidated Farm and
Rural Development Act.
``(B) Selection process.--In consultation with the
Secretary of Agriculture, the Secretary shall adopt a process
to select projects described in subparagraph (A). Under such
process, the Secretary shall not allocate more than 15
percent of the allocation under subparagraph (A) to qualified
projects within a single State.
``(g) Credit Included in Gross Income.--Gross income
includes the amount of the credit allowed to the taxpayer
under this section (determined without regard to subsection
(c)) and the amount so included shall be treated as interest
income.
``(h) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if, as of the date of
issuance, the qualified issuer reasonably expects--
``(A) at least 95 percent of the proceeds from the sale of
the issue are to be spent for 1 or more qualified projects
within the 5-year period beginning on the date of issuance of
the rural renaissance bond,
``(B) a binding commitment with a third party to spend at
least 10 percent of the proceeds from the sale of the issue
will be incurred within the 6-month period beginning on the
date of issuance of the rural renaissance bond or, in the
case of a rural renaissance bond the proceeds of which are to
be loaned to 2 or more qualified borrowers, such binding
commitment will be incurred within the 6-month period
beginning on the date of the loan of such proceeds to a
qualified borrower, and
``(C) such projects will be completed with due diligence
and the proceeds from the sale of the issue will be spent
with due diligence.
``(2) Extension of period.--Upon submission of a request
prior to the expiration of the period described in paragraph
(1)(A), the Secretary may extend such period if the qualified
issuer establishes that the failure to satisfy the 5-year
requirement is due to reasonable cause and the related
projects will continue to proceed with due diligence.
``(3) Failure to spend required amount of bond proceeds
within 5 years.--To the extent that less than 95 percent of
the proceeds of such issue are expended by the close of the
5-year period beginning on the date of issuance (or if an
extension has been obtained under paragraph (2), by the close
of the extended period), the qualified issuer

[[Page S14529]]

shall redeem all of the nonqualified bonds within 90 days
after the end of such period. For purposes of this paragraph,
the amount of the nonqualified bonds required to be redeemed
shall be determined in the same manner as under section 142.
``(i) Special Rules Relating to Arbitrage.--A bond which is
part of an issue shall not be treated as a rural renaissance
bond unless, with respect to the issue of which the bond is a
part, the qualified issuer satisfies the arbitrage
requirements of section 148 with respect to proceeds of the
issue.
``(j) Definitions and Special Rules Relating to Issuers and
Borrowers.--For purposes of this section--
``(1) Qualified issuer.--The term `qualified issuer'
means--
``(A) a rural renaissance bond lender,
``(B) a cooperative electric company, or
``(C) a governmental body.
``(2) Qualified borrower.--The term `qualified borrower'
means--
``(A) a mutual or cooperative electric company described in
section 501(c)(12) or 1381(a)(2)(C), or
``(B) a governmental body.
``(3) Rural renaissance bond lender.--The term `rural
renaissance bond lender' means a lender which is a
cooperative which is owned by, or has outstanding loans to,
100 or more cooperative electric companies and is in
existence on February 1, 2002, and shall include any
affiliated entity which is controlled by such lender.
``(4) Cooperative electric company.--The term `cooperative
electric company' means a mutual or cooperative electric
company described in section 501(c)(12) or section
1381(a)(2)(C), or a not-for-profit electric utility which has
received a loan or loan guarantee under the Rural
Electrification Act.
``(5) Governmental body.--The term `governmental body'
means any State, territory, possession of the United States,
the District of Columbia, Indian tribal government, and any
political subdivision thereof.
``(k) Special Rules Relating to Pool Bonds.--No portion of
a pooled financing bond may be allocable to loan unless the
borrower has entered into a written loan commitment for such
portion prior to the issue date of such issue.
``(l) Other Definitions and Special Rules.--For purposes of
this section--
``(1) Bond.--The term `bond' includes any obligation.
``(2) Pooled financing bond.--The term `pooled financing
bond' shall have the meaning given such term by section
149(f)(4)(A).
``(3) Rural area.--The term `rural area' shall have the
meaning given such term by section 1393(a)(2).
``(4) Partnership; s corporation; and other pass-thru
entities.--
``(A) In general.--Under regulations prescribed by the
Secretary, in the case of a partnership, trust, S
corporation, or other pass-thru entity, rules similar to the
rules of section 41(g) shall apply with respect to the credit
allowable under subsection (a).
``(B) No basis adjustment.--In the case of a bond held by a
partnership or an S corporation, rules similar to the rules
under section 1397E(i) shall apply.
``(5) Bonds held by regulated investment companies.--If any
rural renaissance bond is held by a regulated investment
company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(6) Reporting.--Issuers of rural renaissance bonds shall
submit reports similar to the reports required under section
149(e).
``(7) Termination.--This section shall not apply with
respect to any bond issued after December 31, 2008.''.
______

SA 3717. Mr. GRASSLEY (for himself and Mr. Kohl) submitted an
amendment intended to be proposed to amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

On page 1214, strike line 6 and all that follows through
page 1220, line 11, and insert the following:

SEC. 10201. SPECIAL COUNSEL FOR AGRICULTURAL COMPETITION.

(a) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural
commodity''--
(A) has the meaning given that term in section 102 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5602); and
(B) does not include biofuels.
(2) Agricultural cooperative.--The term ``agricultural
cooperative'' means an association of persons that meets the
requirements of the Capper-Volstead Act (7 U.S.C. 291 et
seq.).
(3) Agricultural industry.--The term ``agricultural
industry''--
(A) means any dealer, processor, commission merchant, or
broker involved in the buying or selling of agricultural
commodities; and
(B) does not include sale or marketing at the retail level.
(4) Antitrust laws.--The term ``antitrust laws'' has the
meaning given that term in the first section of the Clayton
Act (15 U.S.C. 12).
(5) Assistant attorney general.--The term ``Assistant
Attorney General'' means the Assistant Attorney General in
charge of the Antitrust Division of the Department of
Justice.
(6) Biofuel.--The term ``biofuel'' has the meaning given
that term in section 9001 of the Farm Security and Rural
Investment Act of 2002, as amended by section 9001 of this
Act.
(7) Broker.--The term ``broker'' means any person
(excluding an agricultural cooperative) engaged in the
business of negotiating sales and purchases of any
agricultural commodity in commerce for or on behalf of the
vendor or the purchaser.
(8) Chairman.--The term ``Chairman'' means the Chairman of
the Federal Trade Commission.
(9) Commission merchant.--The term ``commission merchant''
means any person (excluding an agricultural cooperative)
engaged in the business of receiving in commerce any
agricultural commodity for sale, on commission, or for or on
behalf of another.
(10) Dealer.--The term ``dealer'' means any person
(excluding an agricultural cooperative) engaged in the
business of buying, selling, or marketing agricultural
commodities in commerce, except that no person shall be
considered a dealer with respect to sales or marketing of any
agricultural commodity produced by that person.
(11) Processor.--The term ``processor'' means any person
(excluding an agricultural cooperative) engaged in the
business of handling, preparing, or manufacturing (including
slaughtering) an agricultural commodity, or the products of
such agricultural commodity, for sale or marketing in
commerce for human consumption (excluding sale or marketing
at the retail level).
(12) Special counsel.--The term ``Special Counsel'' means
the Special Counsel for Agricultural Competition of the
Department of Agriculture established under section 11 of the
Packers and Stockyards Act, 1921, as added by this Act.
(13) Task force.--The term ``Task Force'' means the
Agriculture Competition Task Force established under
subsection (b).
(b) Agriculture Competition Task Force.--
(1) Establishment.--There is established, under the
authority of the Attorney General, the Agriculture
Competition Task Force, to examine problems in agricultural
competition.
(2) Membership.--The Task Force shall consist of--
(A) the Assistant Attorney General, who shall serve as
chairperson of the Task Force;
(B) the Special Counsel;
(C) a representative from the Federal Trade Commission;
(D) a representative from the Department of Agriculture,
Office of Packers and Stockyards;
(E) 1 representative selected jointly by the attorneys
general of States desiring to participate in the Task Force;
(F) 1 representative selected jointly by the heads of the
departments of agriculture (or similar such agency) of States
desiring to participate in the Task Force;
(G) 8 individuals who represent the interests of small
family farmers, ranchers, independent producers, packers,
processors, and other components of the agricultural
industry--
(i) 2 of whom shall be selected by the Majority Leader of
the Senate;
(ii) 2 of whom shall be selected by the Minority Leader of
the Senate;
(iii) 2 of whom shall be selected by the Speaker of the
House of Representatives; and
(iv) 2 of whom shall be selected by the Minority Leader of
the House of Representatives; and
(H) 4 academics or other independent experts working in the
field of agriculture, agricultural law, antitrust law, or
economics--
(i) 1 of whom shall be selected by the Majority Leader of
the Senate;
(ii) 1 of whom shall be selected by the Minority Leader of
the Senate;
(iii) 1 of whom shall be selected by the Speaker of the
House of Representatives; and
(iv) 1 of whom shall be selected by the Minority Leader of
the House of Representatives.
(3) Duties.--The Task Force shall--
(A) study problems in competition in the agricultural
industry;
(B) establish ways to coordinate Federal and State
activities to address unfair and deceptive practices and
concentration in the agricultural industry;
(C) work with representatives from agriculture and rural
communities to identify abusive practices in the agricultural
industry;
(D) submit to Congress such reports as the Task Force
determines appropriate on the state of family farmers and
ranchers, and the impact of agricultural concentration and
unfair business practices on rural communities in the United
States; and
(E) make such recommendations to Congress as the Task Force
determines appropriate on agricultural competition issues,
which shall include any additional or dissenting views of the
members of the Task Force.
(4) Working group.--
(A) In general.--The Task Force shall establish a working
group on buyer power to study the effects of concentration,
monopsony, and oligopsony in agriculture, make
recommendations to the Assistant Attorney General and the
Chairman, and assist the Assistant Attorney General and the
Chairman

[[Page S14530]]

in drafting agricultural guidelines under subsection (d)(1).
(B) Members.--The working group shall include any member of
the Task Force selected under paragraph (2)(H).
(5) Meetings.--
(A) First meeting.--The Task Force shall hold its initial
meeting not later than the later of--
(i) 90 days after the date of enactment of this Act; and
(ii) 30 days after the date of enactment of an Act making
appropriations to carry out this subsection.
(B) Minimum number.--The Task Force shall meet not less
than once each year, at the call of the chairperson.
(6) Compensation.--
(A) In general.--The members of the Task Force shall serve
without compensation.
(B) Travel expenses.--Members of the Task Force shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(7) Staff of task force; experts and consultants.--
(A) Staff.--
(i) Appointment.--The chairperson of the Task Force may,
without regard to the provisions of chapter 51 of title 5,
United States Code (relating to appointments in the
competitive service), appoint and terminate an executive
director and such other staff as are necessary to enable the
Task Force to perform its duties. The appointment of an
executive director shall be subject to approval by the Task
Force.
(ii) Compensation.--The chairperson of the Task Force may
fix the compensation of the executive director and other
staff without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code
(relating to classification of positions and General Schedule
pay rates), except that the rate of pay for the executive
director and other staff may not exceed the rate of basic pay
payable for level V of the Executive Schedule under section
5315 of title 5, United States Code, as in effect from time
to time.
(B) Experts and consultants.--The Task Force may procure
temporary and intermittent services of experts and
consultants in accordance with section 3109(b) of title 5,
United States Code.
(8) Powers of the task force.--
(A) Hearings and meetings.--The Task Force, or a member of
the Task Force if authorized by the Task Force, may hold such
hearings, sit and act at such time and places, take such
testimony, receive such evidence, and administer such oaths
or affirmations as the Task Force considers to be
appropriate.
(B) Official data.--
(i) In general.--The Task Force may obtain directly from
any executive agency (as defined in section 105 of title 5,
United States Code) or court information necessary to enable
it to carry out its duties under this subsection. On the
request of the chairperson of the Task Force, and consistent
with any other law, the head of an executive agency or of a
Federal court shall provide such information to the Task
Force.
(ii) Confidential information.--The Task Force shall adopt
procedures that ensure that confidential information is
adequately protected.
(C) Facilities and support services.--The Administrator of
General Services shall provide to the Task Force on a
reimbursable basis such facilities and support services as
the Task Force may request. On request of the Task Force, the
head of an executive agency may make any of the facilities or
services of such agency available to the Task Force, on a
reimbursable or nonreimbursable basis, to assist the Task
Force in carrying out its duties under this subsection.
(D) Expenditures and contracts.--The Task Force or, on
authorization of the Task Force, a member of the Task Force
may make expenditures and enter into contracts for the
procurement of such supplies, services, and property as the
Task Force or such member considers to be appropriate for the
purpose of carrying out the duties of the Task Force. Such
expenditures and contracts may be made only to such extent or
in such amounts as are provided in advance in appropriation
Acts.
(E) Mails.--The Task Force may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(F) Gifts, bequests, and devises.--The Task Force may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose
of aiding or facilitating the work of the Task Force. Gifts,
bequests, or devises of money and proceeds from sales of
other property received as gifts, bequests, or devises shall
be deposited in the Treasury and shall be available for
disbursement upon order of the Task Force.
(9) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $1,000,000
for each of fiscal years 2008, 2009, and 2010.
(c) Authorization for Additional Staff and Funding.--There
are authorized to be appropriated such sums as are necessary
to hire additional employees (including agricultural law and
economics experts) for the Transportation, Energy, and
Agriculture Section of the Antitrust Division of the
Department of Justice, to enhance the review of agricultural
transactions and monitor, investigate, and prosecute unfair
and deceptive practices in the agricultural industry.
(d) Ensuring Full and Free Competition in Agriculture.--
(1) Agricultural guidelines.--
(A) Findings.--Congress finds the following:
(i) The effective enforcement of the antitrust laws in
agriculture requires that the antitrust enforcement agencies
have guidelines with respect to mergers and other
anticompetitive conduct that are focused on the special
circumstances of agricultural commodity markets.
(ii) There has been a substantial increase in concentration
in the markets in which agricultural commodities are sold,
with the result that buyers of agricultural commodities often
possess regional dominance in the form of oligopsony or
monopsony relative to sellers of such commodities. A
substantial part of this increase in market concentration is
the direct result of mergers and acquisitions that the
antitrust enforcement agencies did not challenge, in part
because of the lack of guidelines focused on identifying
particular structural characteristics in the agricultural
industry and the adverse competitive effects that such
acquisitions and mergers would create.
(iii) The cost of transportation, impact on quality, and
delay in sales of agricultural commodities if they are to be
transported to more distant buyers may result in narrow
geographic markets with respect to buyer power.
(iv) Buyers have no economic incentive to bid up the price
of agricultural commodities in the absence of effective
competition. Further, the nature of buying may make it
feasible for larger numbers of buyers to engage in tacit or
overt collusion to restrain price competition.
(v) Buyers with oligopsonistic or monopsonistic power have
incentives to engage in unfair, discriminatory, and
exclusionary acts that cause producers of agricultural
commodities to receive less than a competitive price for
their goods, transfer economic risks to sellers without
reasonable compensation, and exclude sellers from access to
the market.
(vi) Markets for agricultural commodities often involve
contexts in which many producers have relatively limited
information and bargaining power with respect to the sale of
their commodities. These conditions invite buyers with
significant oligopsonistic or monopsonistic power to exercise
that power in ways that involve discrimination and undue
differentiation among sellers.
(B) Issuance of guidelines.--After consideration of the
findings under subparagraph (A), the Assistant Attorney
General and the Chairman, in consultation with the Special
Counsel, shall issue agricultural guidelines that--
(i) facilitate a fair, open, accessible, transparent, and
efficient market system for agricultural products;
(ii) recognize that not decreasing competition in the
purchase of agricultural products by highly concentrated
firms from a sector in perfect competition is entirely
consistent with the objective of the antitrust laws to
protect consumers and enhance consumer benefits from
competition; and
(iii) require the Assistant Attorney General or the
Chairman, as the case may be, to challenge any merger or
acquisition in the agricultural industry, if the effect of
that merger or acquisition may be to substantially lessen
competition or tend to create a monopoly.
(C) Contents.--The agricultural guidelines issued under
subparagraph (B) shall consist of merger guidelines relating
to existing and potential competition and vertical
integration that--
(i) establish appropriate methodologies for determining the
geographic and product markets for mergers affecting
agricultural commodity markets;
(ii) establish thresholds of increased concentration that
raise a concern that the merger will have an adverse effect
on competition in the affected agricultural commodities
markets;
(iii) identify potential adverse competitive effects of
mergers in agricultural commodities markets in a nonexclusive
manner; and
(iv) identify the factors that would permit an enforcement
agency to determine when a merger in the agricultural
commodities market might avoid liability because it is not
likely to have an adverse effect on competition.
(2) Agriculture competition task force working group on
buying power.--In issuing agricultural guidelines under this
subsection, the Chairman and the Assistant Attorney General
shall consult with the working group on buyer power of the
Task Force established under subsection (b)(4).
(3) Completion.--Not later than 2 years after the date of
enactment of this Act, the Chairman and the Assistant
Attorney General shall--
(A) issue agricultural guidelines under this subsection;
(B) submit to Congress the agricultural guidelines issued
under this subsection; and
(C) submit to Congress a report explaining the basis for
the guidelines, including why it incorporated or did not
incorporate each recommendation of the working group on buyer
power of the Task Force established under subsection (b)(4).
(4) Report.--Not later than 30 months after the date of
enactment of this Act, the Chairman and the Assistant
Attorney General shall jointly submit a report to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the

[[Page S14531]]

House of Representatives regarding the issuing of
agricultural guidelines under this subsection.
(e) Special Counsel for Agricultural Competition.--
(1) In general.--The Packers and Stockyards Act, 1921 (7
U.S.C. 181 et seq.) is amended--
(A) by striking the title I heading and all that follows
through ``This Act'' and inserting the following:

``TITLE I--GENERAL PROVISIONS

``Subtitle A--Definitions

``SEC. 1. SHORT TITLE.

``This Act''; and
(B) by inserting after section 2 (7 U.S.C. 183) the
following:

``Subtitle B--Special Counsel for Agricultural Competition

``SEC. 11. SPECIAL COUNSEL FOR AGRICULTURAL COMPETITION.

``(a) Establishment.--
``(1) In general.--There is established within the
Department of Agriculture an office to be known as the
`Office of Special Counsel for Agricultural Competition'
(referred to in this section as the `Office').
``(2) Duties.--The Office shall--
``(A) have responsibility for all duties and functions of
the Packers and Stockyards programs of the Department of
Agriculture;
``(B) investigate and prosecute violations of this Act and
the Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et
seq.);
``(C) analyze mergers within the food and agricultural
sectors, in consultation with the Chief Economist of the
Department of Agriculture, the Assistant Attorney General in
charge of the Antitrust Division of the Department of
Justice, and the Chairman of the Federal Trade Commission, as
required under section 10201(f) of the Food and Energy
Security Act of 2007;
``(D) serve as a liaison between, and act in consultation
with, the Department of Agriculture, the Department of
Justice, and the Federal Trade Commission with respect to
competition and trade practices in the food and agricultural
sector; and
``(E) maintain sufficient employees (including antitrust
and litigation attorneys, economists, investigators, and
other professionals with the appropriate expertise) to
appropriately carry out the responsibilities of the Office.
``(b) Special Counsel for Agricultural Competition.--
``(1) In general.--The Office shall be headed by the
Special Counsel for Agricultural Competition (referred to in
this section as the `Special Counsel'), who shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(2) Independence of special authority.--
``(A) In general.--The Special Counsel shall report to and
be under the general supervision of the Secretary.
``(B) Direction, control, and support.--The Special Counsel
shall be free from the direction and control of any person in
the Department of Agriculture other than the Secretary.
``(C) Prohibition on delegation.--The Secretary may not
delegate any duty described in subsection (a)(2) to any other
officer or employee of the Department other than the Special
Counsel.
``(D) Reporting requirement.--
``(i) In general.--Twice each year, the Special Counsel
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that shall include, for
the relevant reporting period, a description of--

``(I) the number of complaints that the Special Counsel has
received and closed;
``(II)(aa) the number of investigations and civil and
administrative actions that the Special Counsel has
initiated, carried out, and completed, including the number
of notices given to regulated entities for violations of this
Act or the Agricultural Fair Practices Act of 1967 (7 U.S.C.
2301 et seq.);
``(bb) the number and types of decisions agreed to; and
``(cc) the number of stipulation agreements; and
``(III) the number of investigations and civil and
administrative actions that the Secretary objected to or
prohibited from being carried out, and the stated purpose of
the Secretary for each objection or prohibition.

``(ii) Requirement.--The basis for each complaint,
investigation, or civil or administrative action described in
a report under clause (i) shall--

``(I) be organized by species; and
``(II) indicate if the complaint, investigation, or civil
or administration action was for anti-competitive, unfair, or
deceptive practices under this Act or was a violation of the
Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et
seq.).

``(E) Removal.--
``(i) In general.--The Special Counsel may be removed from
office by the President.
``(ii) Communication.--The President shall communicate the
reasons for any such removal to both Houses of Congress.
``(3) Prosecutorial authority.--Subject to paragraph (4),
the Special Counsel may commence, defend, or intervene in,
and supervise the litigation of, any civil or administrative
action authorized under this Act or the Agricultural Fair
Practices Act of 1967 (7 U.S.C. 2301 et seq.).
``(4) Procedure for exercise of authority to litigate or
appeal.--
``(A) In general.--Prior to commencing, defending, or
intervening in any civil action under this Act or the
Agricultural Fair Practices Act of 1967 (7 U.S.C. 2301 et
seq.), the Special Counsel shall give written notification
to, and attempt to consult with, the Attorney General with
respect to the proposed action.
``(B) Failure to respond.--If, not later than 45 days after
the date of provision of notification under subparagraph (A),
the Attorney General has failed to commence, defend, or
intervene in the proposed action, the Special Counsel may
commence, defend, or intervene in, and supervise the
litigation of, the action and any appeal of the action in the
name of the Special Counsel.
``(C) Authority of attorney general to intervene.--Nothing
in this paragraph precludes the Attorney General from
intervening on behalf of the United States in any civil
action under this Act or the Agricultural Fair Practices Act
of 1967 (7 U.S.C. 2301 et seq.), or in any appeal of such
action, as may be otherwise provided by law.
``(c) Relationship to Other Provisions.--Nothing in this
section modifies or otherwise effects subsections (a) and (b)
of section 406.
``(d) Authorization.--There are authorized to be
appropriated such sums as are necessary to carry out
subsection (a)(2)(E).''.
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
``Special Counsel for Agricultural Competition.''.
(f) Agribusiness Merger Review and Enforcement by the
Department of Agriculture.--
(1) Notice.--The Assistant Attorney General or the
Commissioner, as appropriate, shall notify the Secretary of
any filing under section 7A of the Clayton Act (15 U.S.C.
18a) involving a merger or acquisition in the agricultural
industry, and shall give the Secretary the opportunity to
participate in the review proceedings.
(2) Review.--
(A) In general.--After receiving notice of a merger or
acquisition under paragraph (1), the Secretary may submit to
the Assistant Attorney General or the Commissioner, as
appropriate, and publish the comments of the Secretary
regarding that merger or acquisition, including a
determination regarding whether the merger or acquisition may
present significant competition and buyer power concerns,
such that further review by the Assistant Attorney General or
the Commissioner, as appropriate, is warranted.
(B) Second requests.--For any merger or acquisition
described in paragraph (1), if the Assistant Attorney General
or the Chairman, as the case may be, requires the submission
of additional information or documentary material under
section 7A(e)(1)(A) of the Clayton Act (15 U.S.C.
18a(e)(1)(A))--
(i) copies of any materials provided in response to such a
request shall be made available to the Secretary; and
(ii) the Secretary--

(I) shall submit to the Assistant Attorney General or the
Chairman such additional comments as the Secretary determines
appropriate; and
(II) shall publish a summary of any comments submitted
under subclause (I).

(3) Report.--
(A) In general.--The Secretary shall submit an annual
report to Congress regarding the review of mergers and
acquisitions described in paragraph (1).
(B) Contents.--Each report submitted under subparagraph (A)
shall provide a description of each merger or acquisition
described in paragraph (1) that was reviewed by the Secretary
during the year before the date that report is submitted,
including--
(i) the name and total resources of each entity involved in
that merger or acquisition;
(ii) a statement of the views of the Secretary regarding
the competitive effects of that merger or acquisition on
agricultural markets, including rural communities and small,
independent producers; and
(iii) a statement indicating whether the Assistant Attorney
General or the Chairman, as the case may be, instituted a
proceeding or action under the antitrust laws, and if so, the
status of that proceeding or action.
(g) Authorization for Additional Staff and Funding for the
Grain Inspection, Packers, and Stockyards Administration.--
There are authorized to be appropriated such sums as are
necessary to enhance the capability of the Grain Inspection,
Packers, and Stockyards Administration to monitor,
investigate, and pursue the competitive implications of
structural changes in the meat packing and poultry industries
by hiring litigating attorneys to allow the Grain Inspection,
Packers, and Stockyards Administration to more
comprehensively and effectively pursue its enforcement
activities.
______

SA 3718. 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 391, strike lines 24 and 25 and insert the
following:
(A) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following:

[[Page S14532]]

On page 392, line 18, insert ``and'' after the semicolon.
On page 392, between lines 18 and 19, by inserting the
following:
(ii) by adding at the end the following:
``(C) Certain payments.--Once a producer receives over
$240,000 in cumulative payments under the program, regardless
of the number of contracts entered into by the producer under
this chapter, the cost-share applicable to payments to that
producer shall be not more than 25 percent.'';
______

SA 3719. Mr. FEINGOLD (for himself and Mr. Menendez) 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 title I, insert the following:

Subtitle H--Flexible State Funds

SEC. 1941. OFFSET.

(a) Offset.--
(1) In general.--Except as provided in paragraph (3) and
notwithstanding any other provision of this Act, for the
period beginning on October 1, 2007, and ending on September
30, 2012, the Secretary shall reduce the total amount of
payments described in paragraph (2) received by the producers
on a farm by 35 percent.
(2) Payment.--A payment described in this paragraph is a
payment in an amount of more than $10,000 for the crop year
that is--
(A) a direct payment for a covered commodity or peanuts
received by the producers on a farm for a crop year under
section 1103 or 1303; or
(B) the fixed payment component of an average crop revenue
payment for a covered commodity or peanuts received by the
producers on a farm for a crop year under section 1401(b)(2).
(3) Application.--This subsection does not apply to a
payment provided under a contract entered into by the
Secretary before the date of enactment of this Act.
(b) Savings.--The Secretary shall ensure, to the maximum
extent practicable, that any savings resulting from
subsection (a) are used--
(1) to provide $15,000,000 for each of fiscal years 2008
through 2012 to carry out section 379F of the Consolidated
Farm and Rural Development Act (as added by section 1943);
(2) to provide an additional $35,000,000 for fiscal year
2008 and $40,000,000 for each of fiscal years 2009 through
2012 to carry out section 231 of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1621 note; Public Law 106-
224) (as amended by section 6401);
(3) to provide an additional $5,000,000 for each of fiscal
years 2008 through 2012 to carry out the grassland reserve
program established under subchapter C of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838n et seq.);
(4) to provide an additional $10,000,000 for each of fiscal
years 2008 through 2012 to carry out section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279)) (as amended by section 11052);
(5) to provide an additional $30,000,000 for each of fiscal
years 2008 through 2012 to carry out the farmland protection
program established under subchapter B of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838h et seq.) (commonly known as the ``Farm and Ranch
Lands Protection Program'') ;
(6) to provide an additional $5,000,000 for fiscal year
2008 to carry out the Farmers' Market Promotion Program
established under section 6 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3005);
(7) to carry out sections 4101 and 4013 (and the amendments
made by those sections), without regards to paragraphs (1)
and (3) of section 4908(b); and
(8) to make any funds that remain available after providing
funds under paragraphs (1) through (7) to the Commodity
Credit Corporation for use in carrying out section 1942.

SEC. 1942. FLEXIBLE STATE FUNDS.

(a) Funding.--
(1) Base grants.--The Secretary shall make a grant to each
State to be used to benefit agricultural producers and rural
communities in the State, in the amount of--
(A) for fiscal year 2008, $220,000; and
(B) for the period of fiscal years 2009 through 2017,
$2,500,000.
(2) Proportional funding.--
(A) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall allocate amounts described
in section 1941(b)(4) among the States based on the
proportion of savings realized under section 1941(a) for each
State.
(B) State funds.--The Secretary shall maintain a separate
account for each State consisting of amounts allocated for
the State in accordance with subparagraph (A).
(C) Use of funds.--The Secretary shall use amounts
maintained in a State account described in subparagraph (B)
to carry out eligible programs in the appropriate State in
accordance with a determination made by a State board under
subsection (b)(4).
(b) State Boards.--
(1) In general.--Each State shall establish a State board
that consists of the State directors of--
(A) the Farm Service Agency;
(B) the Natural Resources Conservation Service; and
(C) the programs carried out by the Under Secretary for
Rural Development.
(2) State concurrence.--Before any allocation of funds is
made to a State board, the Secretary shall ensure that the
applicable State department of agriculture reviews and is in
concurrence with the proposed allocation.
(3) Producer stakeholder input.--A State board established
under paragraph (1) shall conduct appropriate outreach
activities with respect to producers and local rural and
agriculture industry leaders to collect information and
provide advice regarding the needs and preferred uses of the
funds provided under this section.
(4) Determination.--
(A) In general.--Each State board shall determine the use
of funds allocated under subsection (a)(2) among the eligible
programs described in subsection (c)(1).
(B) Requirement.--Of the funds allocated under subsection
(a)(2) during each 5-year period, at least 20 percent of the
funds shall be used to carry out eligible programs described
in subparagraphs (M) through (P) of subsection (c)(1).
(c) Eligible Programs.--
(1) In general.--Funds allocated to a State under
subsection (b) may be used in the State--
(A) to provide stewardship payments for conservation
practices under the conservation security program established
under subchapter A of chapter 2 of subtitle D of title XII of
the Food Security Act of 1985 (16 U.S.C. 3838 et seq.);
(B) to provide cost share for projects to reduce pollution
under the environmental quality incentives program
established under chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et seq.),
including manure management;
(C) to assist States and local groups to purchase
development rights from farms and slow suburban sprawl under
the farmland protection program established under subchapter
B of chapter 2 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3838h et seq.) (commonly
known as the ``Farm and Ranch Lands Protection Program'');
(D) the grassland reserve program established under
subchapter C of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838n et seq.);
(E) to provide loans and loan guarantees to improve
broadband access in rural areas in accordance with the
program under section 601 of the Rural Electrification Act of
1936 (7 U.S.C. 950bb);
(F) to provide to rural community facilities loans and
grants under section 306(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a));
(G) to provide water or waste disposal grants or direct or
guaranteed loans under paragraph (1) or (2) of section 306(a)
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a));
(H) to make value-added agricultural product market
development grants under section 231 of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1621 note; Public Law 106-
224);
(I) the rural microenterprise assistance program under
section 366 of the Consolidated Farm and Rural Development
Act (as added by section 6022);
(J) to provide organic certification cost share or
transition funds under the national organic program
established under the Organic Foods Production Act of 1990 (7
U.S.C. 6501 et seq.);
(K) to provide grants under the Rural Energy for America
Program established under section 9007 of the Farm Security
and Rural Investment Act of 2002 (as amended by section
9001);
(L) to provide grants under the Farmers' Market Promotion
Program established under section 6 of the Farmer-to-Consumer
Direct Marketing Act of 1976 (7 U.S.C. 3005);
(M) to provide vouchers for the seniors farmers' market
nutrition program under section 4402 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3007);
(N) to provide vouchers for the farmers' market nutrition
program established under section 17(m) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(m));
(O) to provide grants to improve access to local foods and
school gardens under section 18(i) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(i)); and
(P) subject to paragraph (2), to provide additional locally
or regionally produced commodities for use by the State any
of--
(i) the fresh fruit and vegetable program under section 19
of the Richard B. Russell National School Lunch Act (as added
by section 4903);
(ii) the commodity supplemental food program established
under section 5 of the Agriculture and Consumer Protection
Act of 1973 (7 U.S.C. 612c note; Public Law 93-86);
(iii) the emergency food assistance program established
under the Emergency Food Assistance Act of 1983 (7 U.S.C.
7501 et seq.);
(iv) the child and adult care food program established
under section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766); and
(v) the food distribution program on Indian reservations
established under section 4(b) of the Food and Nutrition Act
of 2007 (7 U.S.C. 2013(b)).
(2) Waivers.--

[[Page S14533]]

(A) In general.--The Secretary may waive a local or
regional purchase requirement under any program described in
clauses (i) through (v) of paragraph (1)(P) if the applicable
State board demonstrates to the satisfaction of the Secretary
that a sufficient quality or quantity of a local or regional
product is not available.
(B) Effect.--A product purchased by a State board that
receives a waiver under subparagraph (A) in lieu of a local
or regional product shall be produced in the United States.
(d) Maintenance of Effort.--Funds made available to a
program of a State under this section shall be in addition
to, and shall not supplant, any other funds provided to the
program under any other Federal, State, or local law
(including regulations).

SEC. 1943. GRANTS TO IMPROVE TECHNICAL INFRASTRUCTURE AND
IMPROVE QUALITY OF RURAL HEALTH CARE
FACILITIES.

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

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

``(a) Definitions.--In this section:
``(1) Health information technology.--The term `health
information technology' includes total expenditures incurred
for--
``(A) purchasing, leasing, and installing computer software
and hardware, including handheld computer technologies, and
related services;
``(B) making improvements to computer software and
hardware;
``(C) purchasing or leasing communications capabilities
necessary for clinical data access, storage, and exchange;
``(D) services associated with acquiring, implementing,
operating, or optimizing the use of computer software and
hardware and clinical health care informatics systems;
``(E) providing education and training to rural health
facility staff on information systems and technology designed
to improve patient safety and quality of care; and
``(F) purchasing, leasing, subscribing, or servicing
support to establish interoperability that--
``(i) integrates patient-specific clinical data with well-
established national treatment guidelines;
``(ii) provides continuous quality improvement functions
that allow providers to assess improvement rates over time
and against averages for similar providers; and
``(iii) integrates with larger health networks.
``(2) Rural area.--The term `rural area' means any area of
the United States that is not--
``(A) included in the boundaries of any city, town,
borough, or village, whether incorporated or unincorporated,
with a population of more than 20,000 residents; or
``(B) an urbanized area contiguous and adjacent to such a
city, town, borough, or village.
``(3) Rural health facility.--The term `rural health
facility' means any of--
``(A) a hospital (as defined in section 1861(e) of the
Social Security Act (42 U.S.C. 1395x(e)));
``(B) a critical access hospital (as defined in section
1861(mm) of that Act (42 U.S.C. 1395x(mm)));
``(C) a Federally qualified health center (as defined in
section 1861(aa) of that Act (42 U.S.C. 1395x(aa))) that is
located in a rural area;
``(D) a rural health clinic (as defined in that section (42
U.S.C. 1395x(aa)));
``(E) a medicare-dependent, small rural hospital (as
defined in section 1886(d)(5)(G) of that Act (42 U.S.C.
1395ww(d)(5)(G))); and
``(F) a physician or physician group practice that is
located in a rural area.
``(b) Establishment of Program.--The Secretary shall
establish a program under which the Secretary shall provide
grants to rural health facilities for the purpose of
assisting the rural health facilities in--
``(1) purchasing health information technology to improve
the quality of health care or patient safety; or
``(2) otherwise improving the quality of health care or
patient safety, including through the development of--
``(A) quality improvement support structures to assist
rural health facilities and professionals--
``(i) to increase integration of personal and population
health services; and
``(ii) to address safety, effectiveness, patient- or
community-centeredness, timeliness, efficiency, and equity;
and
``(B) innovative approaches to the financing and delivery
of health services to achieve rural health quality goals.
``(c) Amount of Grant.--The Secretary shall determine the
amount of a grant provided under this section.
``(d) Provision of Information.--A rural health facility
that receives a grant under this section shall provide to the
Secretary such information as the Secretary may require--
``(1) to evaluate the project for which the grant is used;
and
``(2) to ensure that the grant is expended for the purposes
for which the grant was provided.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section such sums as are necessary for each of fiscal
years 2008 through 2012.''.
______

SA 3720. Mr. SCHUMER 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 272, after line 24, add the following:

SEC. 19__ SHARE OF RISK; REIMBURSEMENT RATE; FUNDING AND
ADMINISTRATION.

(a) Share of Risk.--
(1) In general.--Section 508(k)(3) of the Federal Crop
Insurance Act (7 U.S.C. 1508(k)(3)) is amended--
(A) by striking ``require the reinsured'' and inserting the
following: ``require--
``(A) the reinsured'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(B)(i) the cumulative underwriting gain or loss, and the
associated premium and losses with such amount, calculated
under any reinsurance agreement (except livestock) ceded to
the Corporation by each approved insurance provider to be not
less than 12.5 percent; and
``(ii) the Corporation to pay a ceding commission to
reinsured companies of 2 percent of the premium used to
define the loss ratio for the book of business of the
approved insurance provider that is described in clause
(i).''.
(2) Conforming amendments.--Section 516(a)(2) of the
Federal Crop Insurance Act (7 U.S.C. 1516(a)(2)) is amended
by adding at the end the following:
``(E) Costs associated with the ceding commissions
described in section 508(k)(3)(B)(ii).''.
(3) Effective date.--The amendments made by this section
take effect on June 30, 2008.
(b) Reimbursement Rate.--Notwithstanding section 1911,
section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(4)) (as amended by section 1906(2)) is amended--
(1) in subparagraph (A), by striking ``Except as provided
in subparagraph (B)'' and inserting ``Except as otherwise
provided in this paragraph''; and
(2) by adding at the end the following:
``(E) Reimbursement rate reduction.--For each of the 2009
and subsequent reinsurance years, the reimbursement rates for
administrative and operating costs shall be 4.0 percentage
points below the rates in effect as of the date of enactment
of the Food and Energy Security Act of 2007 for all crop
insurance policies used to define loss ratio, except that the
reduction shall not apply in a reinsurance year to the total
premium written in a State in which the State loss ratio is
greater than 1.2.
``(F) Reimbursement rate for area policies and plans of
insurance.--Notwithstanding subparagraphs (A) through (E),
for each of the 2009 and subsequent reinsurance years, the
reimbursement rate for area policies and plans of insurance
shall be 17 percent of the premium used to define loss ratio
for that reinsurance year.''.
(c) Funding and Administration.--Notwithstanding section
2401, section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``2007'' and inserting ``2012''; and
(2) by striking paragraphs (3) through (7) and inserting
the following:
``(3) The conservation security program under subchapter A
of chapter 2, using $2,317,000,000 to administer contracts
entered into as of the day before the date of enactment of
the Food and Energy Security Act of 2007, to remain available
until expended.
``(4) The conservation stewardship program under subchapter
B of chapter 6.
``(5) The farmland protection program under subchapter B of
chapter 2, using, to the maximum extent practicable,
$110,000,000 for each of fiscal years 2008 through 2012.
``(6) The grassland reserve program under chapter C of
chapter 2, using, to the maximum extent practicable,
$300,000,000 for the period of fiscal years 2008 through
2012.
``(7) The environmental quality incentives program under
chapter 4, using, to the maximum extent practicable--
``(A) $1,345,000,000 for fiscal year 2008;
``(B) $1,350,000,000 for fiscal year 2009;
``(C) $1,385,000,000 for fiscal year 2010; and
``(D) $1,420,000,000 for each of fiscal years 2011 and
2012.''.
______

SA 3721. Mr. SCHUMER 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 305, after line 19, add the following:

SEC. 2202. MUCK SOIL CONSERVATION GRANT PROGRAM.

(a) Establishment.--As soon as practicable after the date
of enactment of this

[[Page S14534]]

Act, the Secretary shall establish a muck soil conservation
grant program under which the Secretary shall make grants to
eligible owners and operators of land described in subsection
(b) to assist the owners and operators to conserve and
improve the soil, water, and wildlife resources of the land.
(b) Eligible Owner or Operator.--To be eligible to receive
a grant under this section, an individual shall be an owner
of operator of land--
(1) that is comprised of soil that qualifies as muck, as
determined by the Secretary;
(2) that is used for production of an agricultural crop;
(3) within which is planted, during each appropriate
growing season--
(A) a spring cover crop that is planted in conjunction with
a primary agricultural crop described in paragraph (2); and
(B) a winter crop; and
(4) that has ditch banks that are--
(A) seeded with grass; and
(B) maintained on a year-round basis.
(c) Amount of Grant.--A grant provided under this section
shall be in an amount that is--
(1) not less than $300 per acre, per year; and
(2) not greater than $500 per acre, per year.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2008 through 2012.
______

SA 3722. Mr. DURBIN (for himself and Mrs. Dole) 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 552, strike lines 3 through 6 and insert the
following:
(5) in subsection (l)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the President shall use to carry out this
section--
``(A) $140,000,000 for fiscal year 2009;
``(B) $180,000,000 for fiscal year 2010;
``(C) $220,000,000 for fiscal year 2011; and
``(D) $260,000,000 for fiscal year 2012.''; and
(B) in paragraph (2), by striking ``such sums'' and all
that follows through ``2007'' and inserting ``$300,000,000
for each of fiscal years 2008 through 2012''.

SEC. 3109. OFFSET.

Section 901(b)(4)(A) of the Trade Act of 1974 (as added by
section 12101(a)) is amended by striking clause (ii) and
inserting the following:
``(ii)(I) 30 percent of the amount of any direct payments
made to the producer under section 1103 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7913) or section
1103 of the Food and Energy Security Act of 2007 or of any
fixed direct payments made at the election of the producer in
lieu of that section or a subsequent section; and
``(II) 20 percent of the amount of any counter-cyclical
payments made to the producer under section 1104 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7914) or
section 1104 of the Food and Energy Security Act of 2007 or
of any revenue enhancement payment made at the election of
the producer in lieu of that section or a subsequent
section;''.
______

SA 3723. Mr. DURBIN 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. 11072. REGULATION OF THE PET INDUSTRY.

(a) High-Volume Retailers and Importers.--
(1) In general.--The Animal Welfare Act is amended by
adding after section 19 (7 U.S.C. 2149) the following:

``SEC. 20. REGULATION OF HIGH-VOLUME RETAILERS AND IMPORTERS.

``(a) Definitions.--In this section:
``(1) Certified third-party inspector.--The term `certified
third-party inspector' means a nonprofit organization
certified by the Secretary in accordance with subsection (d).
``(2) Importer.--The term `importer' has the same meaning
as the term `regulated person', except that the term also
includes any person that imports into the United States any
dog or cat for resale.
``(3) Regulated person.--
``(A) In general.--The term `regulated person' means any
person who in commerce, for compensation or profit, delivers
for transportation, or transports, except as a carrier, buys,
or sells, or negotiates the purchase or sale of--
``(i) any dog or other animal (whether alive or dead) for
research, teaching, or exhibition;
``(ii) any dog or cat (whether alive or dead) at wholesale
or retail; or
``(iii) any dog or cat imported into the United States for
resale.
``(B) Exceptions.--The term `regulated person' does not
include--
``(i) a retail pet store, except for a retail pet store
that sells--

``(I) any animal to a research facility, an exhibitor, or a
regulated person; or
``(II) any dog or cat imported into the United States
directly by the retail pet store;

``(ii) any animal shelter, rescue organization, or other
person that does not operate for profit; or
``(iii) any person that--

``(I) sells dogs and cats only at retail;
``(II) does not import dogs and cats for resale; and
``(III)(aa) sells not more than the total number of dogs
and cats described in subparagraph (C); or
``(bb) in accordance with regulations promulgated by the
Secretary, is determined to be in compliance with the
standards of a third-party inspector certified under
subsection (d).

``(C) Description.--The number of dogs and cats referred to
in subparagraph (B)(iii)(III)(aa) is not more than--
``(i) a total of 25 dogs and cats not bred or raised on the
premises of the seller during a calendar year; or
``(ii)(I) the number of dogs and cats bred or raised during
a calendar year on the premises of the seller and sold
directly at retail to persons who purchase the dogs and cats
for personal use and enjoyment and not for resale, provided
that the total number sold during a calendar year is not more
than the greater of 25 dogs and cats or the dogs and cats
from not more than 6 litters; and
``(II) a total of 25 other dogs and cats not bred or raised
on the premises of the seller during the calendar year.
``(4) Retail.--The term `retail' means any sale that is not
at wholesale.
``(5) Retail pet store.--
``(A) In general.--The term `retail pet store' means a
retail business establishment that--
``(i) maintains a physical premises that is open to the
public; and
``(ii) sells pet animals directly to the public from the
retail business premises.
``(B) Exclusion.--The term `retail pet store' does not
include--
``(i) a person breeding dogs or cats to sell at wholesale
or retail; or
``(ii) a person importing dogs or cats from outside the
United States for resale.
``(6) Wholesale.--The term `wholesale' means the sale of an
animal for resale.
``(b) Treatment of Regulated Persons.--The Secretary shall
treat a regulated person in the same manner that the
Secretary treats a dealer under this Act.
``(c) Alternative Licensing Option.--The Secretary may
issue a license under section 3 to a regulated person that
deals in dogs or cats if the regulated person--
``(1) has demonstrated that the facilities of the regulated
person comply with standards promulgated by the Secretary in
accordance with section 13; or
``(2) has demonstrated in accordance with regulations
promulgated by the Secretary that the facilities of the
regulated person comply with standards established by a
certified third-party inspector.
``(d) Third-Party Inspectors.--
``(1) Regulations.--
``(A) In general.--Not later than 36 months after the date
of enactment of this subsection, the Secretary shall
promulgate regulations under which the Secretary may certify
nonprofit organizations that the Secretary determines to have
standards and inspection protocols that are at least as
protective of animal welfare as those promulgated by the
Secretary in accordance with section 13(a)(2).
``(B) Requirements.--Regulations promulgated under
subparagraph (A) shall--
``(i) establish procedures under which the Secretary may
certify third-party inspectors, including provisions for
public notice of--

``(I) third-party certification applications;
``(II) certification decisions by the Secretary; and
``(III) the standards and inspection protocols of certified
third-party inspectors;

``(ii) require each certified third-party inspector to be
recertified not less than once every 3 years;
``(iii) establish procedures under which the Secretary
shall decertify a certified third-party inspector that the
Secretary determines has failed to maintain standards and
inspection protocols that are at least as protective of
animal welfare as those promulgated by the Secretary in
accordance with section 13(a)(2);
``(iv) require each certified third-party inspector to
immediately notify the Secretary of any person inspected by
the certified third-party inspector--

``(I) whose conduct places the health of an animal in
serious danger; or
``(II) who otherwise fails to comply with the standards
established by the inspector (including a description of the
specific failure);

``(v) require each certified third-party inspector to
submit to the Secretary an annual summary report describing--

``(I) the number of inspections conducted;
``(II) the number of persons found to be out-of-compliance
with the standards of the certified third-party inspector and
the response actions taken;
``(III) the types of non-compliance found; and

[[Page S14535]]

``(IV) such other information about the program of the
certified third-party inspector as the Secretary shall
require, without revealing personal information about
inspected persons, to ensure that the program of the third-
party inspector is maintaining standards and inspection
protocols that are at least as protective of animal welfare
as those promulgated by the Secretary in accordance with
section 13(a)(2);

``(vi) require certified third-party inspectors to submit
to the Secretary copies of all inspection reports on an
annual basis;
``(vii) establish procedures under which the Secretary may
require certified third-party inspectors to participate in
training and education programs carried out through the
Animal and Plant Health Inspection Service; and
``(viii) establish procedures for compliance audits of
third-party inspections.
``(C) FOIA exemption.--Section 552 of title 5, United
States Code (commonly known as the `Freedom of Information
Act') shall not apply to reports described in subparagraph
(B)(vi).
``(2) Inspections.--
``(A) In general.--The Secretary shall promulgate
regulations under which a regulated person dealing in dogs
and cats may elect to have a certified third-party inspector
inspect the regulated person and report the results of the
inspection to the Secretary in lieu of inspection by the
Secretary.
``(B) Third-party inspections optional.--No regulated
person shall be required under this Act to be inspected by a
certified third-party inspector.
``(C) Limitation.--No person other than a regulated person
may make the election described in subparagraph (A).
``(3) Enforcement.--
``(A) In general.--The Secretary shall have exclusive
enforcement authority over any violation of this Act.
``(B) Initiation of action.--The Secretary shall
investigate and, if appropriate, initiate enforcement action
under this Act, immediately upon receiving notification under
paragraph (1)(B)(iv).
``(4) Use of appropriated funds.--
``(A) In general.--The Secretary may use funds appropriated
to the Department of Agriculture to carry out this
subsection.
``(B) Prohibition.--A certified third-party inspector may
not use funds appropriated to Department of Agriculture.
``(e) Access to Source Records for Dogs and Cats.--
Notwithstanding any other provision of this Act, all
regulated persons and retail pet stores shall prepare,
retain, and make available at all reasonable times for
inspection and copying by the Secretary, for such reasonable
period of time as the Secretary may prescribe, a record of--
``(1)(A) the name and address of the person from whom each
dog or cat acquired for resale was purchased or otherwise
acquired; or
``(B) if that information is not known, the source of the
dog or cat; and
``(2) if the person from whom the dog or cat was obtained
is a dealer licensed by the Secretary, the Federal dealer
identification number of the person.
``(f) Importation of Live Dogs and Cats.--
``(1) Findings.--Congress finds that--
``(A) regulating imports of dogs and cats for resale,
including restricting importation of puppies and kittens for
resale, is consistent with provisions of international
agreements to which the United States is a party that
expressly allow for measures that are necessary--
``(i) to protect animal life or health;
``(ii) to protect human health; and
``(iii) to enjoin the use of deceptive trade practices in
international and domestic commerce;
``(B) the importation of puppies into the United States for
resale is increasing;
``(C) the breeding of puppies and kittens in foreign
countries for resale in the United States creates
opportunities and incentives for evasion of United States
laws (including regulations) relating to the humane care and
treatment of breeding stock, puppies, and kittens;
``(D) the conditions under which puppies are transported
into the United States for resale are frequently inhumane and
in violation of domestic and international standards;
``(E) there is an unacceptably high incidence of disease
and death among puppies imported into the United States for
resale;
``(F) the importation of puppies and kittens for resale
creates unacceptable incentives for evasion of United States
laws (including regulations) intended to protect animal and
human health in the United States, including quarantine
regulations; and
``(G) puppies and kittens imported for resale may be
accompanied by fraudulent health and breeding documents,
imposing high economic and emotional costs and fraud on
United States citizens.
``(2) Enforcement.--An importer that fails to comply with
any Federal law (including a regulation) relating to the
importation of live dogs and cats into the United States
shall be subject to this Act, including penalties under
section 19.
``(3) Regulations.--Not later than 24 months after the date
of enactment of this section, the Secretary, in consultation
with the Secretary of Health and Human Services, the
Secretary of Commerce, and the Secretary of Homeland
Security, shall promulgate regulations relating to the
importation of live dogs and cats into the United States for
resale.
``(4) Requirements.--Regulations promulgated under
paragraph (3) shall require that--
``(A) any importer that imports into the United States a
dog or cat in violation of this Act shall provide for the
care, forfeiture, and adoption of the dog or cat, at the
expense of the importer; and
``(B) dogs imported into the United States for resale--
``(i) be not less than 6 months of age;
``(ii) have received all necessary vaccinations, as
determined by the Secretary; and
``(iii) be in good health, as determined by the
Secretary.''.
(2) Regulations.--Not later than 36 months after the date
of enactment of this Act, the Secretary shall promulgate
final regulations to carry out the amendment made by
paragraph (1)
(3) Effective date.--The amendment made by paragraph (1)
takes effect on the date on which final regulations described
in paragraph (2) take effect.
(b) Extension of Temporary Suspension Period.--Section
19(a) of the Animal Welfare Act (7 U.S.C. 2149) is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Extension of Temporary Suspension Period.--If the
Secretary has reason to believe that a violation that results
in a temporary suspension pursuant to paragraph (1) is
continuing or will continue after the expiration of the 21-
day temporary suspension period described in that paragraph,
and the violation will place the health of any animal in
serious danger in violation of this Act, the Secretary may
extend the temporary suspension period for such additional
period as is necessary to ensure that the health of an animal
is not in serious danger, as determined by the Secretary, but
not to exceed 60 days.''.
(c) Authority To Apply for Injunctions.--Section 29 of the
Animal Welfare Act (7 U.S.C. 2159) is amended--
(1) in subsection (a), by inserting ``or that any person is
acting as a dealer or exhibitor without a valid license that
has not been suspended or revoked, as required by this Act,''
after ``promulgated thereunder,'';
(2) in subsection (b), by striking the last sentence; and
(3) by adding at the end the following:
``(c) Injunctions; Representation.--
``(1) Injunctions.--The Secretary may apply directly to the
appropriate United States district court for a temporary
restraining order or injunction described in subsection (a).
``(2) Representation.--Attorneys of the Department of
Agriculture may represent the Secretary in United States
district court in any civil action brought under this
section.''.
(d) Effect on State Law.--Nothing in this section or the
amendments made by this section (including any regulations
promulgated as a result of this section) preempts any State
law (including a regulation) that provides stricter
requirements than the requirements provided in the amendments
made by this section.
______

SA 3724. Mr. DURBIN 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 108, strike line 3 and all that follows
through page 123, line 8 and insert the following:
(A) the 2009, 2010, 2011, and 2012 crop years;
(B) the 2010, 2011, and 2012 crop years;
(C) the 2011 and 2012 crop years; or
(D) the 2012 crop year.
(2) Election; time for election.--
(A) In general.--The Secretary shall provide notice to
producers regarding the opportunity to make the election
described in paragraph (1).
(B) Notice requirements.--The notice shall include--
(i) notice of the opportunity of the producers on a farm to
make the election; and
(ii) information regarding the manner in which the election
must be made and the time periods and manner in which notice
of the election must be submitted to the Secretary.
(3) Election deadline.--Within the time period and in the
manner prescribed pursuant to paragraph (2), the producers on
a farm shall submit to the Secretary notice of the election
made under paragraph (1).
(4) Effect of failure to make election.--If the producers
on a farm fail to make the election under paragraph (1) or
fail to timely notify the Secretary of the election made, as
required by paragraph (3), the producers shall be deemed to
have made the election to receive payments and loans under
subtitle A for all covered commodities and peanuts on the
farm for the applicable crop year.
(b) Payments Required.--
(1) In general.--In the case of producers on a farm who
make the election under subsection (a) to receive average
crop revenue payments, for any of the 2009 through 2012 crop
years for all covered commodities and peanuts, the Secretary
shall make average crop revenue payments available to the
producers on a farm in accordance with this subsection.

[[Page S14536]]

(2) Fixed payment component.--Subject to paragraph (3), in
the case of producers on a farm described in paragraph (1),
the Secretary shall make average crop revenue payments
available to the producers on a farm for each crop year in an
amount equal to not less than the product obtained by
multiplying--
(A) $15 per acre; and
(B) 100 percent of the lower of--
(i) the quantity of base acres on the farm for all covered
commodities and peanuts (as adjusted in accordance with the
terms and conditions of section 1101 or 1302, as determined
by the Secretary); or
(ii) the average of the acreage planted or considered
planted to the covered commodity or peanuts for harvest on
the farm during the 2002 through 2007 crop years.
(3) Revenue component.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall increase the amount of the average crop revenue
payments available to the producers on a farm in a State for
a crop year if--
(i) the actual State revenue for the crop year for the
covered commodity or peanuts in the State determined under
subsection (c); is less than
(ii) the average crop revenue program guarantee for the
crop year for the covered commodity or peanuts in the State
determined under subsection (d).
(B) Prices.--The Secretary shall increase the amount of the
average crop revenue payments available to the producers on a
farm in a State for a crop year only if (as determined by the
Secretary)--
(i) the amount determined by multiplying--

(I) the actual yield for the covered commodity or peanuts
of the producers on the farm; and
(II) the average crop revenue program harvest price for the
crop year for the covered commodity or peanuts determined
under subsection (c)(3); is less than

(ii) the amount determined by multiplying--

(I) the yield used to calculate crop insurance coverage for
the covered commodity or peanuts on the farm under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) (commonly
referred to as ``actual production history''); and
(II) the pre-planting price for the applicable crop year
for the covered commodity or peanuts in a State determined
under subsection (d)(3).

(4) Time for payments.--In the case of each of the 2009
through 2012 crop years, the Secretary shall make--
(A) payments under the fixed payment component described in
paragraph (2) not earlier than October 1 of the calendar year
in which the crop of the covered commodity or peanuts is
harvested; and
(B) payments under the revenue component described in
paragraph (3) beginning October 1, or as soon as practicable
thereafter, after the end of the applicable marketing year
for the covered commodity or peanuts.
(c) Actual State Revenue.--
(1) In general.--For purposes of subsection (b)(3)(A), the
amount of the actual State revenue for a crop year of a
covered commodity shall equal the product obtained by
multiplying--
(A) the actual State yield for each planted acre for the
crop year for the covered commodity or peanuts determined
under paragraph (2); and
(B) the average crop revenue program harvest price for the
crop year for the covered commodity or peanuts determined
under paragraph (3).
(2) Actual state yield.--For purposes of paragraph (1)(A)
and subsection (d)(1)(A), the actual State yield for each
planted acre for a crop year for a covered commodity or
peanuts in a State shall equal (as determined by the
Secretary)--
(A) the quantity of the covered commodity or peanuts that
is produced in the State during the crop year; divided by
(B) the number of acres that are planted to the covered
commodity or peanuts in the State during the crop year.
(3) Average crop revenue program harvest price.--
(A) In general.--For purposes of paragraph (1)(B), subject
to subparagraph (B), the average crop revenue program harvest
price for a crop year for a covered commodity or peanuts in a
State shall equal the harvest price that is used to calculate
revenue under revenue coverage plans that are offered for the
crop year for the covered commodity or peanuts in the State
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(B) Assigned price.--If the Secretary cannot establish the
harvest price for a crop year for a covered commodity or
peanuts in a State in accordance with subparagraph (A), the
Secretary shall assign a price for the covered commodity or
peanuts in the State on the basis of comparable price data.
(d) Average Crop Revenue Program Guarantee.--
(1) In general.--The average crop revenue program guarantee
for a crop year for a covered commodity or peanuts in a State
shall equal 90 percent of the product obtained by
multiplying--
(A) the expected State yield for each planted acre for the
crop year for the covered commodity or peanuts in a State
determined under paragraph (2); and
(B) the average crop revenue program pre-planting price for
the crop year for the covered commodity or peanuts determined
under paragraph (3).
(2) Expected state yield.--
(A) In general.--For purposes of paragraph (1)(A), subject
to subparagraph (B), the expected State yield for each
planted acre for a crop year for a covered commodity or
peanuts in a State shall equal the projected yield for the
crop year for the covered commodity or peanuts in the State,
based on a linear regression trend of the yield per acre
planted to the covered commodity or peanuts in the State
during the 1980 through 2006 period using National
Agricultural Statistics Service data.
(B) Assigned yield.--If the Secretary cannot establish the
expected State yield for each planted acre for a crop year
for a covered commodity or peanuts in a State in accordance
with subparagraph (A) or if the linear regression trend of
the yield per acre planted to the covered commodity or
peanuts in the State (as determined under subparagraph (A))
is negative, the Secretary shall assign an expected State
yield for each planted acre for the crop year for the covered
commodity or peanuts in the State on the basis of expected
State yields for planted acres for the crop year for the
covered commodity or peanuts in similar States.
(3) Average crop revenue program pre-planting price.--
(A) In general.--For purposes of paragraph (1)(B), subject
to subparagraphs (B) and (C), the average crop revenue
program pre-planting price for a crop year for a covered
commodity or peanuts in a State shall equal the average price
that is used to calculate revenue under revenue coverage
plans that are offered for the covered commodity in the State
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
for the crop year and the preceding 2 crop years.
(B) Assigned price.--If the Secretary cannot establish the
pre-planting price for a crop year for a covered commodity or
peanuts in a State in accordance with subparagraph (A), the
Secretary shall assign a price for the covered commodity or
peanuts in the State on the basis of comparable price data.
(C) Minimum and maximum price.--In the case of each of the
2011 through 2012 crop years, the average crop revenue
program pre-planting price for a crop year for a covered
commodity or peanuts under subparagraph (A) shall not
decrease or increase more than 15 percent from the pre-
planting price for the preceding year.
(e) Payment Amount.--Subject to subsection (f), if average
crop revenue payments are required to be paid for any of the
2009 through 2012 crop years of a covered commodity or
peanuts under subsection (b)(3), in addition to the amount
payable under subsection (b)(2), the amount of the average
crop revenue payment to be paid to the producers on the farm
for the crop year under this section shall be increased by an
amount equal to the product obtained by multiplying--
(1) the difference between--
(A) the average crop revenue program guarantee for the crop
year for the covered commodity or peanuts in the State
determined under subsection (d); and
(B) the actual State revenue from the crop year for the
covered commodity or peanuts in the State determined under
subsection (c);
(2) 95 percent of the acreage planted or considered planted
to the covered commodity or peanuts for harvest on the farm
in the crop year;
(3) the quotient obtained by dividing--
(A) the expected county yield for the crop year, determined
for the county in the same manner as the expected State yield
is determined for a State under subsection (d)(2); by
(B) the expected State yield for the crop year, as
determined under subsection (d)(2); and
(4) 90 percent.
(f) Limitation on Payment Amount.--The amount of the
average crop revenue payment to be paid to the producers on a
farm for a crop year of a covered commodity or peanuts under
subsection (e) shall not exceed 25 percent of the average
crop revenue program guarantee for the crop year for the
covered commodity or peanuts in a State determined under
subsection (d)(1).
(g) Recourse Loans.--For each of the 2009 through 2012
crops of a covered commodity or peanuts, the Secretary shall
make available to producers on a farm who elect to receive
payments under this section recourse loans, as determined by
the Secretary, on any production of the covered commodity.

SEC. 1402. PRODUCER AGREEMENT AS CONDITION OF AVERAGE CROP
REVENUE PAYMENTS.

(a) Compliance With Certain Requirements.--
(1) Requirements.--Before the producers on a farm may
receive average crop revenue payments with respect to the
farm, the producers shall agree, and in the case of
subparagraph (C), the Farm Service Agency shall certify,
during the crop year for which the payments are made and in
exchange for the payments--
(A) to comply with applicable conservation requirements
under subtitle B of title XII of the Food Security Act of
1985 (16 U.S.C. 3811 et seq.);
(B) to comply with applicable wetland protection
requirements under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.); and
(C) that the individuals or entities receiving payments are
producers;
(D) to use the land on the farm, in a quantity equal to the
attributable base acres for the farm and any base acres for
peanuts for the farm under part III of subtitle A, for an

[[Page S14537]]

agricultural or conserving use, and not for a nonagricultural
commercial, industrial, or residential use (including land
subdivided and developed into residential units or other
nonfarming uses, or that is otherwise no longer intended to
be used in conjunction with a farming operation), as
determined by the Secretary; and
(E) to effectively control noxious weeds and otherwise
maintain the land in accordance with sound agricultural
practices, as determined by the Secretary, if the
agricultural or conserving use involves the noncultivation of
any portion of the land referred to in subparagraph (D).
(2) Compliance.--The Secretary may issue such rules as the
Secretary considers necessary to ensure producer compliance
with the requirements of paragraph (1).
(3) Modification.--At the request of the transferee or
owner, the Secretary may modify the requirements of this
subsection if the modifications are consistent with the
objectives of this subsection, as determined by the
Secretary.
(b) Transfer or Change of Interest in Farm.--
(1) Termination.--
(A) In general.--Except as provided in paragraph (2), a
transfer of (or change in) the interest of the producers on a
farm for which average crop revenue payments are made shall
result in the termination of the payments, unless the
transferee or owner of the farm agrees to assume all
obligations under subsection (a).
(B) Effective date.--The termination shall take effect on
the date determined by the Secretary.
(2) Exception.--If a producer entitled to an average crop
revenue payment dies, becomes incompetent, or is otherwise
unable to receive the payment, the Secretary shall make the
payment, in accordance with rules issued by the Secretary.
(c) Acreage Reports.--
(1) In general.--As a condition on the receipt of any
benefits under this subtitle, the Secretary shall require
producers on a farm to submit to the Secretary annual acreage
reports with respect to all cropland on the farm.
(2) Penalties.--No penalty with respect to benefits under
subtitle shall be assessed against the producers on a farm
for an inaccurate acreage report unless the producers on the
farm knowingly and willfully falsified the acreage report.
(d) Tenants and Sharecroppers.--In carrying out this
subtitle, the Secretary shall provide adequate safeguards to
protect the interests of tenants and sharecroppers.
(e) Sharing of Payments.--The Secretary shall provide for
the sharing of average crop revenue payments among the
producers on a farm on a fair and equitable basis.
(f) Audit and Report.--Each year, to ensure, to the maximum
extent practicable, that payments are received only by
producers, the Secretary shall--
(1) conduct an audit of average crop revenue payments; and
(2) submit to Congress a report that describes the results
of that audit.

SEC. 1403. PLANTING FLEXIBILITY.

(a) Permitted Crops.--Subject to subsection (b), any
commodity or crop may be planted on base acres on a farm for
which the producers on a farm elect to receive average crop
revenue payments (referred to in this section as ``base
acres'').
(b) Limitations Regarding Certain Commodities.--
(1) General limitation.--The planting of an agricultural
commodity specified in paragraph (3) shall be prohibited on
base acres unless the commodity, if planted, is destroyed
before harvest.
(2) Treatment of trees and other perennials.--The planting
of an agricultural commodity specified in paragraph (3) that
is produced on a tree or other perennial plant shall be
prohibited on base acres.
(3) Covered agricultural commodities.--Paragraphs (1) and
(2) apply to the following agricultural commodities:
(A) Fruits.
(B) Vegetables (other than mung beans and pulse crops).
(C) Wild rice.
(c) Exceptions.--Paragraphs (1) and (2) of subsection (b)
shall not limit the planting of an agricultural commodity
specified in paragraph (3) of that subsection--
(1) in any region in which there is a history of double-
cropping of covered commodities with agricultural commodities
specified in subsection (b)(3), as determined by the
Secretary, in which case the double-cropping shall be
permitted;
(2) on a farm that the Secretary determines has a history
of planting agricultural commodities specified in subsection
(b)(3) on base acres, except that average crop revenue
payments shall be reduced by an acre for each acre planted to
such an agricultural commodity; or
(3) by the producers on a farm that the Secretary
determines has an established planting history of a specific
agricultural commodity specified in subsection (b)(3), except
that--
(A) the quantity planted may not exceed the average annual
planting history of such agricultural commodity by the
producers on the farm in the 1991 through 1995 or 1998
through 2001 crop years (excluding any crop year in which no
plantings were made), as determined by the Secretary; and
(B) average crop revenue payments shall be reduced by an
acre for each acre planted to such agricultural commodity.
(d) Planting Transferability Pilot Project.--Producers on a
farm that elect to receive average crop revenue payments
shall be eligible to participate in the pilot program
established under section 1106(d) under the same terms and
conditions as producers that receive direct payments and
counter-cyclical payments.
(e) Production of Fruits or Vegetables for Processing.--
(1) In general.--Subject to paragraphs (2) through (4),
effective beginning with the 2009 crop.
______

SA 3725. Mr. KOHL submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

On page 336, strike lines 6 through 21 and insert the
following:
``(4) Compensation.--Effective on the date of enactment of
this paragraph, the Secretary shall pay the lowest amount of
compensation for a conservation easement, as determined by a
comparison of--
``(A) the amount necessary to encourage the enrollment of
parcels of land that are of importance in achieving the
purposes of the program, as determined by the State
Conservationist, in cooperation with the State technical
committee, based on--
``(i) the net present value of 30 years of annual rental
payments based on the county simple average soil rental rates
developed under subchapter B;
``(ii) an area-wide market analysis or survey; or
``(iii) an amount not less than the value of the
agricultural or otherwise undeveloped raw land based on the
Uniform Standards of Professional Appraisal Practices;
``(B) the amount corresponding to a geographical area value
limitation, as determined by the State Conservationist, in
cooperation with the State technical committee; and
``(C) the amount contained in the offer made by the
landowner.
``(5) Payment schedule.--Except as otherwise provided in
this subchapter, payments may be provided under this
subchapter pursuant to an easement agreement, contract, or
other agreement, in a lump sum payment, or in not more than
30 annual payments in equal or unequal amounts, as agreed to
by the Secretary and the landowner.''.
______

SA 3726. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

Strike section 2359 and insert the following:

SEC. 2359. GROUND AND SURFACE WATER CONSERVATION.

Section 1240I of the Food Security Act of 1985 (16 U.S.C.
3839aa-9) is amended by striking subsection (c) and inserting
the following:
``(c) Funding.--
``(1) Availability of funds.--Of the funds of the Commodity
Credit Corporation, in addition to amounts made available
under section 1241(a) to carry out this chapter, the
Secretary shall use $60,000,000 for each of fiscal years 2008
through 2012.
``(2) Funding for certain states.--Of the funds made
available under paragraph (1), the Secretary shall provide to
each State the boundaries of which encompass a multistate
aquifer from which documented groundwater withdrawals exceed
16,000,000,000 gallons per day, for water conservation or
irrigation practices, an amount equal to not less than the
greater of--
``(A) $3,000,000; or
``(B) the simple average of amounts allocated to producers
in the State under this section for the period of fiscal
years 2002 through 2007.
``(3) Eastern snake plain aquifer pilot.--
``(A) In general.--Of the funds made available under
paragraph (1), the Secretary shall reserve not less than
$2,000,000, to remain available until expended, for regional
water conservation activities in the Eastern Snake Aquifer
region.
``(B) Approval.--The Secretary may approve regional water
conservation activities under this paragraph that address, in
whole or in part, water quality issues.''.
______

SA 3727. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

Strike section 2359 and insert the following:

[[Page S14538]]

SEC. 2359. GROUND AND SURFACE WATER CONSERVATION.

Section 1240I of the Food Security Act of 1985 (16 U.S.C.
3839aa-9) is amended by striking subsection (c) and inserting
the following:
``(c) Funding.--
``(1) Availability of funds.--Of the funds of the Commodity
Credit Corporation, in addition to amounts made available
under section 1241(a) to carry out this chapter, the
Secretary shall use $60,000,000 for each of fiscal years 2008
through 2012.
``(2) Funding for certain states.--Of the funds made
available under paragraph (1), the Secretary shall provide to
each State the boundaries of which encompass a multistate
aquifer from which documented groundwater withdrawals exceed
16,000,000,000 gallons per day, for water conservation or
irrigation practices, an amount equal to not less than the
greater of--
``(A) $3,000,000; or
``(B) the simple average of amounts allocated to producers
in the State under this section for the period of fiscal
years 2002 through 2007.''.
______

SA 3728. Mr. BINGAMAN 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 471, strike line 22 and insert the following:
``(iv) Identification of water quality and water quantity
priority areas.--

``(I) In general.--Subject to subclause (II), the Secretary
shall identify areas in which protecting or improving water
quality or water quantity is a priority.
``(II) Mandatory inclusions.--The Secretary shall include
in any identification of areas under subclause (I)--

``(aa) the Chesapeake Bay;
``(bb) the Upper Mississippi River basin;
``(cc) the greater Everglades ecosystem;
``(dd) the Klamath River basin;
``(ee) the Sacramento/San Joaquin River watershed;
``(ff) the Mobile River Basin; and
``(gg) the Ogallala Aquifer.

``(III) Funding.--The Secretary shall reserve for use in
areas identified under this clause not more than 50 percent
of amounts made available for regional water enhancement
activities under this paragraph.

``(v) Duration.--
______

SA 3729. Mr. BINGAMAN 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 398, strike lines 22 through 26 and insert the
following:
``(8) to assist producers in developing water conservation
plans;
``(9) to reduce groundwater depletion, with priority given
to regions that have significant rates of withdrawal or
historic depletions due to agricultural use; and
``(10) to promote any other measures that improve
groundwater and surface water conservation, as determined by
the Secretary.
______

SA 3730. Mr. MENENDEZ 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 775, strike line 22 and all that follows
through page 776, line 19 and insert the following:
``(B) Water and waste disposal grants and direct and
guaranteed loans.--For the purpose of water and waste
disposal grants and direct and guaranteed loans provided
under paragraphs (1), (2), and (24) of section 306(a), the
terms `rural' and `rural area' mean a city, town, or
unincorporated area that has a population of no more than
10,000 inhabitants.
``(C) Community facility loans and grants.--For the purpose
of community facility direct and guaranteed loans and grants
under paragraphs (1), (19), (20), (21), and (24) of section
306(a), the terms `rural' and `rural area' mean any area
other than--
``(i) an area described in clause (i), (ii), or (iii) of
subparagraph (A); and
``(ii) a city, town, or unincorporated area that has a
population of greater than 20,000 inhabitants.
``(D) Areas rural in character.--
``(i) In general.--Notwithstanding any other provision of
this paragraph, the Under Secretary for Rural Development may
determine (pursuant to a petition by a local comunity or on
the inititative of the Under Secretary) that an area
described in clause (ii) or (iii) of subparagraph (A) is a
rural area for the purposes of this paragraph, if the Under
Secretary finds that the area is rural in character, as
determined by the Under Secretary.
``(ii) Administration.--In carrying out clause (i), the
Under Secretary for Rural Development--

``(I) shall not delegate the authority described in clause
(i); but
``(II) shall consult with the applicable rural development
State or regional director of the Department of Agriculture.

``(E) Exclusions.--Notwithstanding any other provision of
this paragraph, in determining which census blocks are not in
a rural area (as defined in this paragraph), the Secretary
shall exclude any cluster of census blocks that would
otherwise be considered not in a rural area only because the
cluster is adjacent to not more than 2 census blocks that are
otherwise considered not in a rural area under this
paragraph.''.
(b) Annual Reports.--Not later than 1 year after the date
of enactment of this Act and each year thereafter, the
Secretary shall prepare and submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that--
(1) assesses the various definitions of the term ``rural''
and ``rural area''that are used with respect to programs
administered by the Secretary;
(2) describes the effects that the variations in those
definitions have on those programs;
(3) make recommendations for ways to better target funds
provided through rural development programs;
(4) describes the effects the changes to the definitions of
the terms ``rural'' and ``rural area'' in the Farm Security
and Rural Investment Act of 2002 and this Act had on those
programs and eligible areas; and
(5) determines what effects the changes had on the level of
rural development funding and participation in those programs
in each State.
______

SA 3731. Mr. MENENDEZ 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 776 strike line 19 and insert the following:

20,000 inhabitants.
``(D) Areas rural in character.--
``(i) In general.--Notwithstanding any other provision of
this paragraph, the Under Secretary for Rural Development may
determine that an area described in clause (ii) or (iii) of
subparagraph (A) is a rural area for the purposes of this
paragraph, if the Under Secretary finds that the area is
rural in character, as determined by the Under Secretary.
``(ii) Delegations.--The authority described in clause (i)
may not be delegated by the Under Secretary for Rural
Development.
``(E) Exclusions.--Notwithstanding any other provision of
this paragraph, in determining which census blocks are not in
a rural area (as defined in this paragraph), the Secretary
shall exclude any cluster of census blocks that would
otherwise be considered not in a rural area only because a
census block in the cluster is adjacent to only 1 census
block that--
``(i) is otherwise considered not in a rural area under
this paragraph; and
``(ii) is also adjacent to only 1 census block that is
otherwise considered not in a rural area.''.
______

SA 3732. Mr. MENENDEZ 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 agrucultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

Beginning on page 774, strike line 10 and all that follows
through page 776, line 19, and insert the following:
(a) Rural Area.--
(1) Definition.--Section 343(a)(13) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1991(a)(13)) is
amended by striking subparagraph (A) and inserting the
following:
``(A) In general.--The terms `rural' and `rural area'
mean--
``(i) any area other than a city or town that has a
population of greater than 50,000 inhabitants, except that,
for all activities under programs in the rural development
mission area within the areas of the County of Honolulu,
Hawaii, and the Commonwealth of Puerto Rico, the Secretary
may designate any portion of the areas as a rural area or
eligible rural community that the Secretary determines is not
urban in character, other than any area included in the
Honolulu Census Designated Place or the San Juan Census
Designated Place; and
``(ii) any urbanized area contiguous and adjacent to such a
city or town.''.

[[Page S14539]]

(2) Report.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall prepare and submit
to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that--
(A) assesses the various definitions of the term ``rural''
that are used with respect to programs administered by the
Secretary addressed in this title of this Act;
(B) describes the effects that the variations in those
definitions have on those programs; and
(C) makes recommendations for ways to better target funds
provided through rural development programs addressed in this
title of this Act.
______

SA 3733. Mr. KENNEDY 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 905, between lines 17 and 18, insert the following:

SEC. 7013. PURPOSES AND FINDINGS RELATING TO ANIMAL HEALTH
AND DISEASE RESEARCH.

Section 1429 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3191) is
amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) support work with agricultural colleges and
universities to develop methods and practices of animal
husbandry that reduce dependence on antibiotic use.''.
On page 987, line 18, insert after ``genomics)'' the
following: ``, the movement of antibiotics and antibiotic
resistance traits from animal confinement facilities into
ground and surface waters, and methods and practices to
ensure health and reduce the use of antibiotics; and methods
to transition to practices and systems that minimize
antibiotic use''.
On page 1002, after line 21, insert the following:

SEC. 73__. RESEARCH AND EDUCATION GRANTS TO PREVENT
ANTIBIOTIC RESISTANT BACTERIA THAT MAY BE
TRANSFERRED FROM LIVESTOCK TO HUMANS.

(a) In General.--The Secretary shall award research and
education grants to minimize the development of antibiotic
resistant bacteria that may be transferred from livestock to
humans.
(b) Eligibility and Application.--To be eligible to receive
a grant under this section, an entity shall--
(1) be an institution of higher education, a public or
private nonprofit organization, or an individual; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(c) Use of Funds.--An entity shall use a grant awarded
under this section to conduct research to minimize the
development of antibiotic resistant bacteria that may be
transferred from livestock to humans, including research on--
(1) methods and practices of animal husbandry that reduce
dependence on antibiotic use;
(2) movement of antibiotics and antibiotic resistance
traits from animal confinement facilities into ground and
surface waters;
(3) methods and practices that ensure health and reduce use
of antibiotics;
(4) methods to transition to practices and systems that
avoid antibiotic use; and
(5) the transmission of antibiotic resistant traits among
related and unrelated bacteria.
(d) Administration.--Grants under this section shall be
awarded on a competitive and formula basis.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2008 through 2012.
______

SA 3734. Mr. KENNEDY 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 905, between lines 17 and 18, insert the following:

SEC. 7013. PURPOSES AND FINDINGS RELATING TO ANIMAL HEALTH
AND DISEASE RESEARCH.

Section 1429 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3191) is
amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) support work with agricultural colleges and
universities to develop methods and practices of animal
husbandry that reduce dependence on antibiotic use.''.
On page 987, line 18, insert after ``genomics)'' the
following: ``, the movement of antibiotics and antibiotic
resistance traits from animal confinement facilities into
ground and surface waters, and methods and practices to
ensure health and reduce the use of antibiotics; and methods
to transition to practices and systems that minimize
antibiotic use''.
On page 1002, after line 21, insert the following:

SEC. 73__. RESEARCH AND EDUCATION GRANTS TO PREVENT
ANTIBIOTIC RESISTANT BACTERIA THAT MAY BE
TRANSFERRED FROM LIVESTOCK TO HUMANS.

(a) In General.--The Secretary shall award research and
education grants to minimize the development of antibiotic
resistant bacteria that may be transferred from livestock to
humans.
(b) Eligibility and Application.--To be eligible to receive
a grant under this section, an entity shall--
(1) be an institution of higher education, a public or
private nonprofit organization, or an individual; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(c) Use of Funds.--An entity shall use a grant awarded
under this section to conduct research to minimize the
development of antibiotic resistant bacteria that may be
transferred from livestock to humans, including research on--
(1) methods and practices of animal husbandry that reduce
dependence on antibiotic use;
(2) movement of antibiotics and antibiotic resistance
traits from animal confinement facilities into ground and
surface waters;
(3) methods and practices that ensure health and reduce use
of antibiotics;
(4) methods to transition to practices and systems that
avoid antibiotic use; and
(5) the transmission of antibiotic resistant traits among
related and unrelated bacteria.
(d) Administration.--Grants under this section shall be
awarded on a competitive and formula basis.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2008 through 2012.
______

SA 3735. Mrs. CLINTON (for herself and Mr. Brown) 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 863, strike line 24 and insert the following:
``(j) Comprehensive Rural Broadband Strategy.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Food and Energy Security Act of 2007, and
annually thereafter, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing a comprehensive rural broadband
strategy that includes--
``(A) recommendations--
``(i) to promote interagency coordination of Federal
agencies in regards to policies, procedures, and targeted
resources, and to improve and streamline the polices,
programs, and services;
``(ii) to coordinate among Federal agencies regarding
existing rural broadband or rural initiatives that could be
of value to rural broadband development;
``(iii) to address both short- and long-term solutions and
needs assessments for a rapid build-out of rural broadband
solutions and applications for Federal, State, regional, and
local government policy makers;
``(iv) to identify how specific Federal agency programs and
resources can best respond to rural broadband requirements
and overcome obstacles that currently impede rural broadband
deployment; and
``(v) to promote successful model deployments and
appropriate technologies being used in rural areas so that
State, regional, and local governments can benefit from the
cataloging and successes of other State, regional, and local
governments; and
``(B) a description of goals and timeframes to achieve the
strategic plans and visions identified in the report.
``(2) Updates.--The Under Secretary shall update and
evaluate the report described in paragraph (1) on an annual
basis.
``(k) Funding.--
______

SA 3736. Mr. WYDEN (for himself and Mr. Harkin) 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 1097, strike line 1 and all that follows
through page 1103, line 15, and insert the following:

[[Page S14540]]

``SEC. 9004. BIOENERGY CROP TRANSITION ASSISTANCE.

``(a) Bioenergy Crop Transition Assistance Program.--
``(1) Purposes.--The purposes of the program established
under this subsection are--
``(A) to promote the production of a diverse array of
eligible bioenergy crops across the United States in a
sustainable manner that protects the soil, air, water, and
wildlife, to the maximum extent practicable;
``(B) to provide financial and technical assistance to
owners and operators of eligible cropland to produce
perennial bioenergy crops of suitable quality and in
sufficient quantities to support and induce development and
expansion of the use of the bioenergy crops for--
``(i) biofuels; or
``(ii) power or heat generation to supplement or replace
nonbiobased energy resources; and
``(C) to gather technical information necessary to increase
sustainable bioenergy crop production in the future.
``(2) Definitions.--In this section:
``(A) Bioenergy crop.--
``(i) In general.--The term `bioenergy crop' means a
perennial tree or plant native to the United States or
another perennial plant as determined by the Secretary, that
can be grown to provide raw renewable biomass energy or
biofuels.
``(ii) Exclusions.--The term `bioenergy crop' does not
include--

``(I) any crop that is eligible for benefits under title I
of the Food and Energy Security Act of 2007;
``(II) any plant that--

``(aa) the Secretary determines to be invasive or noxious
on a regional basis under the Plant Protection Act (7 U.S.C.
7701 et seq.); or
``(bb) has the potential to become invasive or noxious on a
regional basis as determined by the Secretary, in
consultation with other appropriate Federal or State
departments and agencies; or

``(III) any plant produced on land that, as of the date of
enactment of the Food and Energy Security Act of 2007, is--

``(aa) in accordance with clause (iii), grassland that was
not previously tilled or broken, as defined by the Secretary,
in consultation with the Secretary of the Interior;
``(bb) native forest; or
``(cc) wetland.
``(iii) Grassland.--Grassland described in clause
(ii)(III)(aa) does not include land that, for at least 3 of
the 5 crop years preceding the date of enactment of the Food
and Energy Security Act of 2007, has been devoted to managed
pasture.
``(B) Bioenergy crop transition assistance payment.--The
term `bioenergy crop transition assistance payment' means an
annual payment to a bioenergy crop producer who is
participating in an approved bioenergy crop transition
assistance program project under this subsection.
``(C) Comprehensive stewardship incentives program.--The
term `comprehensive stewardship incentives program' means the
program established under chapter 6 of subtitle D of title
XII of the Food Security Act of 1985.
``(D) Eligible applicant.--The term `eligible applicant'
means a group of agricultural landowners and operators
producing or proposing to produce eligible bioenergy crops
together with the owner or operator of an existing or
proposed biomass conversion facility that intends to use the
bioenergy crops.
``(3) Program.--
``(A) In general.--The Secretary shall establish a
competitive process under which the Secretary, acting through
the Natural Resources Conservation Service, shall select
projects of eligible applicants from geographically-diverse
areas of the United States to participate in the bioenergy
crop transition assistance program under this subsection.
``(B) Application assistance.--
``(i) In general.--An eligible applicant may apply for a
project planning grant of up to $50,000 to assist in
assembling a bioenergy crop transition assistance program
application.
``(ii) Matching requirement.--To receive a planning grant
under clause (i), the eligible applicant shall provide 100
percent matching funding.
``(C) Application requirements.--An application submitted
under the competitive process described in subparagraph (A)
shall include--
``(i) the designation of a proposed bioenergy supply region
at a distance economically practicable for transportation of
the bioenergy crop to the biomass conversion facility;
``(ii) letters of intent from the agricultural landowners
and operators applying for the project application, in the
proposed supply region to produce a minimum specified number
of acres of bioenergy crops;
``(iii) documentation from the eligible applicants that
describes--

``(I) the variety of bioenergy crop the owners and
operators have committed to producing; and
``(II) the variety of crop that the owners and operators
would have grown if the owners and operators had not
committee to producing the bioenergy crop; and

``(iv) a letter of intent from the owners or operators of
the existing or proposed biomass conversion facility in the
bioenergy supply region to use the bioenergy crops described
in clause (iii)(I).
``(D) Selection criteria.--In selecting projects from
applications submitted under this subsection, the Secretary
shall--
``(i) consider--

``(I) the likelihood that the project will become viable;
and
``(II) the geographic diversity of the projects; and

``(ii) give priority to projects that--

``(I) involve ecologically appropriate proposed bioenergy
crops;
``(II) have the highest estimated benefits to wildlife,
air, soil, and water quality improvement;
``(III) include plans to grow polycultures of at least 2
species;
``(IV) include the participation of beginning farmers or
ranchers or socially disadvantaged farmers or ranchers; or
``(V) include local ownership of the biomass conversion
facility of the project.

``(4) Contract requirements.--
``(A) In general.--An agricultural producer described in an
application for a project selected by the Secretary under
paragraph (3) shall have the opportunity to enroll eligible
cropland of the agricultural producer under a contract
entered into with the Secretary, acting through the Natural
Resources Conservation Service.
``(B) Requirements.--Under a contract described in
subparagraph (A), an agricultural producer shall be
required--
``(i) to produce 1 or more perennial eligible bioenergy
crops;
``(ii) to meet the stewardship threshold (as determined
under the comprehensive stewardship incentives program) for
water, wildlife, and soil quality by the end of the last year
of the contract described in subparagraph (A);
``(iii) to cooperate with the Secretary in the process of
gathering such information as the Secretary shall require for
the purposes of the study under paragraph (6); and
``(iv) to restrict the harvesting of bioenergy crops until
after the end of the brooding and nesting season, in
accordance with regional regulations promulgated by the
Secretary in consultation with--

``(I) State Conservationists of the Natural Resources
Conservation Service;
``(II) the United States Fish and Wildlife Service; and
``(III) State wildlife agencies.

``(5) Contract benefits.--
``(A) In general.--An agricultural producer that has
entered into a contract described in paragraph (4) shall be
eligible to receive, as determined by the Secretary--
``(i) a Federal cost share for the cost of establishing the
bioenergy crop produced by the agricultural producer under
the project in an amount that is equal to--

``(I) 50 percent of the total cost;
``(II) in the case of a beginning farmer or rancher or a
socially disadvantaged farmer or ranchers, 75 percent of the
total cost; or
``(III) in the case of eligible producers that establish a
polyculture crop mix of at least 3 perennial species, 90
percent of the total cost; and

``(ii) an annual bioenergy crop transition incentive
payment in an amount determined by the Secretary.
``(B) Comprehensive stewardship incentives program
priority.--During the project contract period, an
agricultural producer that meets comprehensive stewardship
incentives program eligibility requirements shall have a
priority for enrollment in the stewardship section of that
program, including enhanced payments for--
``(i) the maintenance and active management of a
conservation system that incorporates 2 or more native
perennial bioenergy crop species; and
``(ii) participation in a research and demonstration
project.
``(C) Use of crop.--If the bioenergy crop cannot be sold to
the biomass conversion facility designated in the project
application, the agricultural producer may use the crop for
other purposes that are in compliance with the contract
requirements described in paragraph (4).
``(6) Study and report.--The Secretary shall carry out a
study of the results of the projects funded under this
section, including--
``(A) the production potential of a variety of bioenergy
crops and crop mixes;
``(B) the effect of the harvesting of bioenergy crops on--
``(i) wildlife and stand establishment;
``(ii) carbon and nitrogen cycles; and
``(iii) erosion, sedimentation, soil compaction, and soil
health;
``(C) the impacts on water quality and consumption;
``(D) the soil carbon content and lifecycle greenhouse gas
emissions of different bioenergy crops and the uses of the
crops; and
``(E) the economic effectiveness of the incentives under
this section in encouraging agricultural producers to produce
bioenergy crops.
``(b) Forest Biomass Planning Grants.--The Secretary shall
provide forest biomass planning assistance grants to private
landowners to develop forest stewardship plans that involve
sustainable management of biomass from forest land of the
private landowners that will preserve diversity, soil, water,
or wildlife values of the land, while ensuring a steady
supply of biomass material, through--
``(1) State forestry agencies, in consultation with State
wildlife agencies; and
``(2) technical service provider arrangements with third
parties.

[[Page S14541]]

``(c) Assistance for Collection, Harvest, Storage, and
Transportation of Renewable Biomass.--
``(1) In general.--The Secretary shall establish a program
to provide assistance to an agricultural producer, forest
land owner, or timber harvester holding the right to collect
or harvest renewable biomass, for collecting, harvesting,
transporting, and storing renewable biomass that is
sustainably harvested and collected to be used in the
production of advanced biofuels, heat, or power from a
biomass conversion facility.
``(2) Payments.--
``(A) In general.--Except as provided in subparagraph (C),
an entity described in paragraph (1) shall receive payments
under this subsection for each ton of renewable biomass
delivered to a biomass conversion facility, based on a fixed
rate to be established by the Secretary in accordance with
subparagraph (B).
``(B) Fixed rate.--The Secretary shall establish a fixed
payment rate for purposes of subparagraph (A) to reflect--
``(i) the estimated cost of collecting, harvesting,
storing, and transporting the applicable renewable biomass;
and
``(ii) such other factors as the Secretary determines to be
appropriate.
``(C) Forest land owner eligibility.--Owners of forest land
shall be eligible to receive payments under this subsection
only if the owners are acting pursuant to a forest
stewardship plan.
``(d) Funding.--
``(1) Biomass crop transition assistance.--Of the funds of
the Commodity Credit Corporation, the Secretary shall use to
carry out subsections (a) and (b) $130,000,000 for fiscal
year 2008, to remain available until expended, of which not
more than 10 percent shall be used to carry out subsection
(b).
``(2) Assistance for collection, harvest, storage and
transport of renewable biomass.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out subsection (c) $10,000,000 for each of
fiscal years 2009 through 2011, to remain available until
expended.
______

SA 3737. Mr. INOUYE 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 with line 1 on page 872, strike through line 3 on
page 879 and insert the following:

SUBTITLE C--BROADBAND DATA IMPROVEMENT

SEC. 6201. SHORT TITLE.

This subtitle may be cited as the ``Broadband Data
Improvement Act''.

SEC. 6202. FINDINGS.

The Congress finds the following:
(1) The deployment and adoption of broadband technology has
resulted in enhanced economic development and public safety
for communities across the Nation, improved health care and
educational opportunities, and a better quality of life for
all Americans.
(2) Continued progress in the deployment and adoption of
broadband technology is vital to ensuring that our Nation
remains competitive and continues to create business and job
growth.
(3) Improving Federal data on the deployment and adoption
of broadband service will assist in the development of
broadband technology across all regions of the Nation.
(4) The Federal Government should also recognize and
encourage complementary state efforts to improve the quality
and usefulness of broadband data and should encourage and
support the partnership of the public and private sectors in
the continued growth of broadband services and information
technology for the residents and businesses of the Nation.

SEC. 6203. IMPROVING FEDERAL DATA ON BROADBAND.

(a) Improving FCC Broadband Data.--Within 120 days after
the date of enactment of this Act, the Federal Communications
Commission shall issue an order in WC docket No. 07-38 which
shall, at a minimum--
(1) identify tiers of broadband service, among those used
by the Commission in collecting Form 477 data, in which a
substantial majority of the connections in such tier provide
consumers with an information transfer rate capable of
reliably transmitting full-motion, high definition video; and
(2) revise its Form 477 reporting requirements as necessary
to enable the Commission to identify actual numbers of
broadband connections subscribed to by residential and
business customers, separately, either within a relevant
census tract from the most recent decennial census, a 9-digit
postal zip code, or a 5-digit postal zip code, as the
Commission deems appropriate.
(b) Exception.--The Commission shall exempt an entity from
the reporting requirements of subsection (a)(3) if the
Commission determines that a compliance by that entity with
the requirements is cost prohibitive, as defined by the
Commission.
(c) Proprietary Information.--Nothing in this section shall
reduce or remove any obligation the Commission has to protect
proprietary information, nor shall this section be construed
to compel the Commission to make publically available any
proprietary information. Any information collected by the
Commission pursuant to this section that reveals any
competitively sensitive information of an individual provider
of broadband service capability shall not be disclosed by the
Commission.
(d) Improving Section 706 Inquiry.--Section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 157 nt) is
amended--
(1) by striking ``regularly'' in subsection (b) and
inserting ``annually'';
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (b) the following:
``(c) Measurement of Extent of Deployment.--In determining
under subsection (b) whether advanced telecommunications
capability is being deployed to all Americans in a reasonable
and timely fashion, the Commission shall consider data
collected through Form 477 reporting requirements.
``(d) Demographic Information for Unserved Areas.--As part
of the inquiry required by subsection (b), the Commission
shall compile a list of geographical areas that are not
served by any provider of advanced telecommunications
capability (as defined by section 706(c)(1) of the
Telecommunications Act of 1996 (47 U.S.C. 157 nt)) and to the
extent that data from the Census Bureau is available,
determine, for each such unserved area--
``(1) the population;
``(2) the population density; and
``(3) the average per capita income.''.
(e) Improving Census Data on Broadband.--The Secretary of
Commerce, in consultation with the Federal Communications
Commission, shall expand the American Community Survey
conducted by the Bureau of the Census to elicit information
for residential households, including those located on native
lands, to determine whether persons at such households own or
use a computer at that address, whether persons at that
address subscribe to Internet service and, if so, whether
such persons subscribe to dial-up or broadband Internet
service at that address.

SEC. 6204. STUDY ON ADDITIONAL BROADBAND METRICS AND
STANDARDS.

(a) In General.--The Comptroller General shall conduct a
study to consider and evaluate additional broadband metrics
or standards that may be used by industry and the Federal
Government to provide users with more accurate information
about the cost and capability of their broadband connection,
and to better compare the deployment and penetration of
broadband in the United States with other countries. At a
minimum, such study shall consider potential standards or
metrics that may be used--
(1) to calculate the average price per megabit per second
of broadband offerings;
(2) to reflect the average actual speed of broadband
offerings compared to advertised potential speeds and to
consider factors affecting speed that may be outside the
control of a broadband provider;
(3) to compare, using comparable metrics and standards, the
availability and quality of broadband offerings in the United
States with the availability and quality of broadband
offerings in other industrialized nations, including
countries that are members of the Organization for Economic
Cooperation and Development; and
(4) to distinguish between complementary and substitutable
broadband offerings in evaluating deployment and penetration.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce on the results of the study, with
recommendations for how industry and the Federal
Communications Commission can use such metrics and
comparisons to improve the quality of broadband data and to
better evaluate the deployment and penetration of comparable
broadband service at comparable rates across all regions of
the Nation.

SEC. 6205. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE
ON SMALL BUSINESSES.

(a) In General.--The Small Business Administration Office
of Advocacy shall conduct a study evaluating the impact of
broadband speed and price on small businesses.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Office shall submit a report to
the Senate Committee on Commerce, Science, and
Transportation, the Senate Committee on Small Business and
Entrepreneurship, the House of Representatives Committee on
Energy and Commerce, and the House of Representatives
Committee on Small Business on the results of the study,
including--
(1) a survey of broadband speeds available to small
businesses;
(2) a survey of the cost of broadband speeds available to
small businesses;
(3) a survey of the type of broadband technology used by
small businesses; and
(4) any policy recommendations that may improve small
businesses access to comparable broadband services at
comparable rates in all regions of the Nation.

SEC. 6206. ENCOURAGING STATE INITIATIVES TO IMPROVE
BROADBAND.

(a) Purposes.--The purposes of any grant under subsection
(b) are--
(1) to ensure that all citizens and businesses in a State
have access to affordable and reliable broadband service;

[[Page S14542]]

(2) to achieve improved technology literacy, increased
computer ownership, and home broadband use among such
citizens and businesses;
(3) to establish and empower local grassroots technology
teams in each State to plan for improved technology use
across multiple community sectors; and
(4) to establish and sustain an environment ripe for
broadband services and information technology investment.
(b) Establishment of State Broadband Data and Development
Grant Program.--
(1) In general.--The Secretary of Commerce shall award
grants, taking into account the results of the peer review
process under subsection (d), to eligible entities for the
development and implementation of statewide initiatives to
identify and track the availability and adoption of broadband
services within each State.
(2) Competitive basis.--Any grant under subsection (b)
shall be awarded on a competitive basis.
(c) Eligibility.--To be eligible to receive a grant under
subsection (b), an eligible entity shall--
(1) submit an application to the Secretary of Commerce, at
such time, in such manner, and containing such information as
the Secretary may require;
(2) contribute matching non-Federal funds in an amount
equal to not less than 20 percent of the total amount of the
grant; and
(3) agree to comply with confidentiality requirements in
subsection (h)(2) of this section.
(d) Peer Review; Nondisclosure.--
(1) In general.--The Secretary shall by regulation require
appropriate technical and scientific peer review of
applications made for grants under this section.
(2) Review procedures.--The regulations required under
paragraph (1) shall require that any technical and scientific
peer review group--
(A) be provided a written description of the grant to be
reviewed; and
(B) provide the results of any review by such group to the
Secretary of Commerce; and
(C) certify that such group will enter into voluntary
nondisclosure agreements as necessary to prevent the
unauthorized disclosure of confidential and proprietary
information provided by broadband service providers in
connection with projects funded by any such grant.
(e) Use of Funds.--A grant awarded to an eligible entity
under subsection (b) shall be used--
(1) to provide a baseline assessment of broadband service
deployment in each State;
(2) to identify and track--
(A) areas in each State that have low levels of broadband
service deployment;
(B) the rate at which residential and business users adopt
broadband service and other related information technology
services; and
(C) possible suppliers of such services;
(3) to identify barriers to the adoption by individuals and
businesses of broadband service and related information
technology services, including whether or not--
(A) the demand for such services is absent; and
(B) the supply for such services is capable of meeting the
demand for such services;
(4) to identify the speeds of broadband connections made
available to individuals and businesses within the State,
and, at a minimum, to rely on the data rate benchmarks for
broadband service utilized by the Commission to reflect
different speed tiers, including information transfer rates
identified under section 6203(a)(2) of this subtitle, to
promote greater consistency of data among the States;
(5) to create and facilitate in each county or designated
region in a State a local technology planning team--
(A) with members representing a cross section of the
community, including representatives of business,
telecommunications labor organizations, K-12 education,
health care, libraries, higher education, community-based
organizations, local government, tourism, parks and
recreation, and agriculture; and
(B) which shall--
(i) benchmark technology use across relevant community
sectors;
(ii) set goals for improved technology use within each
sector; and
(iii) develop a tactical business plan for achieving its
goals, with specific recommendations for online application
development and demand creation;
(6) to work collaboratively with broadband service
providers and information technology companies to encourage
deployment and use, especially in unserved areas and areas in
which broadband penetration is significantly below the
national average, through the use of local demand
aggregation, mapping analysis, and the creation of market
intelligence to improve the business case for providers to
deploy;
(7) to establish programs to improve computer ownership and
Internet access for unserved areas and areas in which
broadband penetration is significantly below the national
average;
(8) to collect and analyze detailed market data concerning
the use and demand for broadband service and related
information technology services;
(9) to facilitate information exchange regarding the use
and demand for broadband services between public and private
sectors; and
(10) to create within each State a geographic inventory map
of broadband service, including the availability of broadband
service connections meeting information transfer rates
identified by the Commission under section 6203(a)(2) of this
subtitle, which shall--
(A) identify gaps in such service through a method of
geographic information system mapping of service availability
at the census block level among residential or business
customers; and
(B) provide a baseline assessment of statewide broadband
deployment in terms of households with high-speed
availability.
(f) Participation Limit.--For each State, an eligible
entity may not receive a new grant under this section to fund
the activities described in subsection (d) within such State
if such organization obtained prior grant awards under this
section to fund the same activities in that State in each of
the previous 4 consecutive years.
(g) Reporting.--The Secretary of Commerce shall--
(1) require each recipient of a grant under subsection (b)
to submit a report on the use of the funds provided by the
grant; and
(2) create a web page on the Department of Commerce web
site that aggregates relevant information made available to
the public by grant recipients, including, where appropriate,
hypertext links to any geographic inventory maps created by
grant recipients under subsection (e)(10).
(h) Access to Aggregate Data.--
(1) In general.--Subject to paragraph (2), the Commission
shall provide eligible entities access, in electronic form,
to aggregate data collected by the Commission based on the
Form 477 submissions of broadband service providers.
(2) Limitation.--Notwithstanding any provision of Federal
or State law to the contrary, an eligible entity shall treat
any matter that is a trade secret, commercial or financial
information, or privileged or confidential, as a record not
subject to public disclosure except as otherwise mutually
agreed to by the broadband service provider and the eligible
entity. This paragraph applies only to information submitted
by the Commission or a broadband provider to carry out the
provisions of this subtitle and shall not otherwise limit or
affect the rules governing public disclosure of information
collected by any Federal or State entity under any other
Federal or State law or regulation.
(i) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Eligible entity.--The term ``eligible entity'' means a
non-profit organization that is selected by a State to work
in partnership with State agencies and private sector
partners in identifying and tracking the availability and
adoption of broadband services within each State.
(3) Nonprofit organization.--The term ``nonprofit
organization'' means an organization--
(A) described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
Code;
(B) no part of the net earnings of which inures to the
benefit of any member, founder, contributor, or individual;
(C) that has an established competency and proven record of
working with public and private sectors to accomplish
widescale deployment and adoption of broadband services and
information technology;
(D) that has a board of directors a majority of which is
not composed of individuals who are also employed by, or
otherwise associated with, any Federal, State, or local
government or any Federal, State, or local agency; and
(E) that has a board of directors which does not include
any member that is employed either by a broadband service
provider or by any other company in which a broadband service
provider owns a controlling or attributable interest.
(j) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $40,000,000 for
each of fiscal years 2008 through 2012.
(k) No Regulatory Authority.--Nothing in this section shall
be construed as giving any public or private entity
established or affected by this subtitle any regulatory
jurisdiction or oversight authority over providers of
broadband services or information technology.
______

SA 3738. Ms. CANTWELL (for herself and Mrs. Murray) 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___. VITICULTURE STUDY AND REPORT.

(a) Study.--
(1) In general.--The Secretary shall conduct a study of the
ways in which the projected changes in climate conditions,
including projected increase in global temperature, during
the 25-year period beginning on the date of enactment of this
Act will--
(A) change the vineyard suitability of the 10 largest wine-
producing States with respect to vineyard location and
varieties of grape grown; and

[[Page S14543]]

(B) cause vineyard grape growers to change vineyard
management practices.
(2) Survey.--The study under paragraph (1) shall include a
survey of the state of plant breeding science that could
allow cultivars or rootstocks to better adapt to warmer
environments and soil conditions expected as a result of the
projected change in climate conditions described in paragraph
(1).
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the results of the study under
subsection (a), including recommendations of the Secretary,
if any, regarding whether increased granular modeling of the
climate of grape-growing regions should be required to
mitigate the impacts of the projected changes in climate
conditions, including projected increase in global
temperature, on viticulture in the United States.
______

SA 3739. Mrs. LINCOLN 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 210, strike line 20 and all that follows
through page 213, line 5, and insert the following:
``(1) Crop years.--
``(A) 2009 crop year.--Notwithstanding any other provision
of law, an individual or entity shall not be eligible to
receive any benefit described in paragraph (2) during the
2009 crop year if the average adjusted gross income of the
individual or entity exceeds $1,000,000, unless not less than
66.66 percent of the average adjusted gross income of the
individual or entity is derived from farming, ranching, or
forestry operations, as determined by the Secretary.
``(B) 2010 and subsequent crop years.--Notwithstanding any
other provision of law, an individual or entity shall not be
eligible to receive any benefit described in paragraph (2)
during any of the 2010 and subsequent crop years if the
average adjusted gross income of the individual or entity
exceeds $750,000, unless not less than 66.66 percent of the
average adjusted gross income of the individual or entity is
derived from farming, ranching, or forestry operations, as
determined by the Secretary.
``(2) Covered benefits.--Paragraph (1) applies with respect
to the following:
``(A) Title XII of this Act.
``(B) A direct payment or counter-cyclical payment under
part I or III of subtitle A of title I of the Food and Energy
Security Act of 2007.
``(C) A marketing loan gain or loan deficiency payment
under part II or III of subtitle A of title I of the Food and
Energy Security Act of 2007.
``(D) An average crop revenue payment under subtitle B of
title I of Food and Energy Security Act of 2007.
``(E) Title II of the Food and Energy Security Act of 2007.
``(F) Title II of the Farm Security and Rural Investment
Act of 2002 (Public Law 107-171; 116 Stat. 223).
______

SA 3740. Mrs. LINCOLN 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 189, strike lines 4 through 14, and insert the
following:

Act, may not exceed $40,000 (as adjusted under paragraph (3)
in the case of corn).
``(2) Counter-cyclical payments.--The total amount of
counter-cyclical payments received, directly or indirectly,
by a person or legal entity (except a joint venture or a
general partnership) for any crop year under part I of
subtitle A of title I of the Food and Energy Security Act of
2007 for one or more covered commodities (except for
peanuts), or average crop revenue payments determined under
section 1401(b)(3) of that Act, may not exceed $60,000 (as
adjusted under paragraph (3) in the case of corn).
``(3) Special rule for corn.--
``(A) In general.--For each crop year, the Secretary shall
calculate a per bushel ethanol benefit for corn resulting
from Federal incentives for ethanol.
``(B) Reduction in payments.--
``(i) Reduction of direct payment.--The maximum amount of
direct payments that a person or legal entity is entitled to
receive for a crop year for corn under paragraph (1), or
average crop revenue payments determined under section
1401(b)(2) of the Food and Energy Security Act of 2007, shall
be reduced by an amount equal to the product obtained by
multiplying--

``(I) the amount of the ethanol benefit calculated under
subparagraph (A); by
``(II) the actual quantity of corn produced by the
individual or entity during the preceding crop year.

``(ii) Reduction of counter-cyclical payments.--If the
amount calculated under subclauses (I) and (II) of clause (i)
for a person or legal entity exceeds the amount of direct
payments the person or legal entity would otherwise be
entitled to receive under paragraph (1) for corn, the maximum
amount of counter-cyclical payments for corn that the person
or legal entity is entitled to receive under paragraph (2),
or average crop revenue payments determined under section
1401(b)(3) of the Food and Energy Security Act of 2007, shall
be reduced by the excess amount.
______

SA 3741. Mrs. LINCOLN 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 1486, line17, strike all through page
1487, line 7, and insert the following:
``(3) Reduced amount after sale of 5,000,000,000 gallons.--
``(A) In general.--In the case of any calendar year
beginning after the date described in subparagraph (B), the
last row in the table in paragraph (2) shall be applied by
substituting `46 cents' for `51 cents'.
``(B) Date described.--The date described in this
subparagraph is the first date on which 5,000,000,000 gallons
of ethanol (including cellulosic ethanol) have been produced
in or imported into the United States after the date of the
enactment of this paragraph, as certified by the Secretary,
in consultation with the Administrator of the Environmental
Protection Agency.''.
______

SA 3742. Mrs. LINCOLN 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 1491, between lines 11 and 12, insert the
following:

SEC. __. ENERGY SAVINGS CERTIFICATION REQUIREMENT WITH
RESPECT TO CREDIT FOR ETHANOL FUELS.

(a) Income Tax Credit.--Paragraph (2) of section 40(h)
(relating to reduced credit amount for ethanol blenders) is
amended--
(1) by striking ``For purposes of paragraph (1), the
blender amount'' and inserting ``For purposes of paragraph
(1)--
``(A) In general.--Except as provided in subparagraph (B),
the blender amount'', and
(2) by adding at the end the following new subparagraph:
``(B) Special rule with respect to uncertified ethanol.--
``(i) In general.--In the case of any alcohol or alcohol
fuel mixture which contains ethanol that does not meet the
requirements of clause (ii), the blender amount and the low-
proof blender amount shall be zero.
``(ii) Certification of net energy savings for ethanol.--
Ethanol meets the requirements of this paragraph if such
ethanol has been produced at a facility at which the process
for the production of ethanol is certified by the
Environmental Protection Agency as resulting in a net energy
savings.''.
(b) Excise Tax Credit.--
(1) In general.--Paragraph (2) of section 6426(b) is
amended to read as follows:
``(2) Applicable amount.--For purposes of this subsection,
the applicable amount is--
``(A) 60 cents in the case of an alcohol fuel mixture in
which none of the alcohol is ethanol, and
``(B) in the case of an alcohol fuel mixture which contains
ethanol--
``(i) 51 cents if all ethanol used in the alcohol fuel
mixture meets the requirement of paragraph (5), and
``(ii) zero in any other case.''.
(2) Certification.--Subsection (b) of section 6426 is
amended by redesignating paragraph (5) as paragraph (6) and
by inserting after paragraph (4) the following new paragraph:
``(5) Certification of net energy savings for ethanol.--
Ethanol meets the requirements of this paragraph if such
ethanol has been produced at a facility at which the process
for the production of ethanol is certified by the
Environmental Protection Agency as resulting in a net energy
savings.''.
(c) Effective Date.--The amendments made by this section
shall apply to any sale or use after the date of the
enactment of this Act.
______

SA 3743. Mr. BAUCUS 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 1045, between lines 2 and 3, insert the following:

[[Page S14544]]

SEC. 750_. ANIMAL BIOSCIENCE FACILITY, BOZEMAN, MONTANA.

There is authorized to be appropriated to the Secretary for
the period of fiscal years 2008 through 2012 $16,000,000, to
remain available until expended, for the construction in
Bozeman, Montana, of an animal bioscience facility within the
Agricultural Research Service.
______

SA 3744. Mr. SANDERS (for himself and Mr. Leahy) 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 692, between lines 17 and 18, insert the following:

SEC. 49__. EFFECT OF PARTICIPATION IN FARMERS' MARKET
NUTRITION PROGRAM.

Section 17(m)(6) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(m)(6)) is amended by adding at the end the
following:
``(G) Effect of participation.--The Secretary shall not
restrict any State that participates in the program under
this subsection to a per recipient cap for the amount of
Federal food benefits allocated for recipients under the
program.''.
______

SA 3745. 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:

Beginning on page 664, strike line 23 and all that follows
through page 665, line 5, and insert the following:
(2) by redesignating paragraph (2) as paragraph (4);
(3) by inserting after paragraph (1) the following:
``(2) Administration.--In providing grants under paragraph
(1), the Secretary shall give priority to projects that can
be replicated in schools.
``(3) Pilot program for high-poverty schools.--
``(A) Definitions.--In this paragraph:
``(i) Eligible program.--The term `eligible program'
means--

``(I) a school-based program with hands-on vegetable
gardening and nutrition education that is incorporated into
the curriculum for 1 or more grades at 2 or more eligible
schools; or
``(II) a community-based summer program with hands-on
vegetable gardening and nutrition education that is part of,
or coordinated with, a summer enrichment program at 2 or more
eligible schools.

``(ii) Eligible school.--The term `eligible school' means a
public school, at least 50 percent of the students of which
are eligible for free or reduced price meals under this Act.
``(B) Establishment.--The Secretary shall carry out a pilot
program under which the Secretary shall provide to nonprofit
organizations or public entities in not more than 5 States
grants to develop and run, through eligible programs,
community gardens at eligible schools in the States that
would--
``(i) be planted, cared for, and harvested by students at
the eligible schools; and
``(ii) teach the students participating in the community
gardens about agriculture, sound farming practices, and diet.
``(C) Priority states.--Of the States provided a grant
under this paragraph--
``(i) at least 1 State shall be among the 15 largest
States, as determined by the Secretary;
``(ii) at least 1 State shall be among the 16th to 30th
largest States, as determined by the Secretary; and
``(iii) at least 1 State shall be a State that is not
described in clause (i) or (ii).
``(D) Use of produce.--Produce from a community garden
provided a grant under this paragraph may be--
``(i) used to supplement food provided at the eligible
school;
``(ii) distributed to students to bring home to the
families of the students; or
``(iii) donated to a local food bank or senior center
nutrition program.
``(E) No cost-sharing requirement.--A nonprofit
organization or public entity that receives a grant under
this paragraph shall not be required to share the cost of
carrying out the activities assisted under this paragraph.
``(F) Evaluation.--A nonprofit organization or public
entity that receives a grant under this paragraph shall be
required to cooperate in an evaluation in accordance with
paragraph (1)(H).
``(G) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph
$10,000,000.''; and
(4) in paragraph (4) (as redesignated by paragraph (2)), by
inserting ``(other than paragraph (3))'' after ``this
subsection''.
______

SA 3746. 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 1362, between lines 19 and 20, insert the
following:

SEC. 11072. REPORT RELATING TO THE ENDING OF CHILDHOOD HUNGER
IN THE UNITED STATES.

(a) Findings.--Congress finds that--
(1) the United States has the highest rate of childhood
poverty in the industrialized world, with over \1/5\ of all
children of the United States living in poverty, and almost
half of those children living in extreme poverty;
(2) childhood poverty in the United States is growing
rather than diminishing;
(3) households with children experience hunger at more than
double the rate as compared to households without children;
(4) hunger is a major problem in the United States, with
the Department of Agriculture reporting that 12 percent of
the citizens of the United States (approximately 35,000,000
citizens) could not put food on the table of those citizens
at some point during 2006;
(5) of the 35,000,000 citizens of the United States that
have very low food security--
(A) 98 percent of those citizens worried that money would
run out before those citizens acquired more money to buy more
food;
(B) 96 percent of those citizens had to cut the size of the
meals of those citizens or even go without meals because
those citizens did not have enough money to purchase
appropriate quantities of food; and
(C) 94 percent of those citizens could not afford to eat
balanced meals;
(6) the phrase ``people with very low food security'', a
new phrase in our national lexicon, in simple terms means
``people who are hungry'';
(7) 30 percent of black and Hispanic children, and 40
percent of low income children, live in households that do
not have access to nutritionally adequate diets that are
necessary for an active and healthy life;
(8) the increasing lack of access of the citizens of the
United States to nutritionally adequate diets is a
significant factor from which the Director of the Centers for
Disease Control and Prevention concluded that ``during the
past 20 years there has been a dramatic increase in obesity
in the United States'';
(9) during the last 3 decades, childhood obesity has--
(A) more than doubled for preschool children and
adolescents; and
(B) more than tripled for children between the ages of 6
and 11 years;
(10) as of the date of enactment of this Act, approximately
9,000,000 children who are 6 years old or older are
considered obese;
(11) scientists have demonstrated that there is an inverse
relation between obesity and doing well in school; and
(12) a study published in Pediatrics found that ``6- to 11-
year-old food-insufficient children had significantly lower
arithmetic scores and were more likely to have repeated a
grade, have seen a psychologist, and have had difficulty
getting along with other children''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is a national disgrace that many millions of
citizens of the United States, a disproportionate number of
whom are children, are going hungry in this great nation,
which is the wealthiest country in the history of the world;
(2) because the strong commitment of the United States to
family values is deeply undermined when families and children
go hungry, the United States has a moral obligation to
abolish hunger; and
(3) through a variety of initiatives (including large
funding increases in nutrition programs of the Federal
Government), the United States should abolish child hunger
and food insufficiency in the United States by the 2013.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
relevant committees of Congress a report that describes the
best and most cost-effected manner by which the Federal
Government could allocate an increased amount of funds to new
programs and programs in existence as of the date of
enactment of this Act to achieve the goal of abolishing child
hunger and food insufficiency in the United States by 2013.
______

SA 3747. Mr. BAUCUS 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 1563, line 6, strike through page 1564,
line 15, and insert following:

SEC. 12504. MODIFICATION OF SECTION 1031 TREATMENT FOR
CERTAIN REAL ESTATE.

(a) In General.--Section 1031 (relating to exchange of
property held for productive use or investment), as amended
by this Act, is amended by adding at the end the following
new subsection:

[[Page S14545]]

``(j) Special Rule for Subsidized Agricultural Real
Property.--
``(1) In general.--Subsidized agricultural real property
and nonagricultural real property are not property of a like
kind.
``(2) Subsidized agricultural real property.--For purposes
of this subsection, the term `subsidized agricultural real
property' means real property--
``(A) which is used as a farm for farming purposes (within
the meaning of section 2032A(e)(5)); and
``(B) with respect to which a taxpayer receives, in the
taxable year in which an exchange of such property is made,
any payment or benefit under--
``(i) part I of subtitle A,
``(ii) part III (other than sections 1307 and 1308) of
subtitle A, or
``(iii) subtitle B,
of title I of the Food and Energy Security Act of 2007.
``(3) Nonagricultural real property.--For purposes of this
subsection, the term `nonagricultural real property' means
real property which is not used as a farm for farming
purposes (within the meaning of section 2032A(e)(5)).
``(4) Exception.--Paragraph (1) shall not apply with
respect to any subsidized agricultural real property which,
not later than the date of the exchange, is permanently
retired from any program under which any payment or benefit
described in paragraph (2)(B) is made.''.
(b) Effective Date.--The amendments made by this section
shall apply to exchanges completed after the date of the
enactment of this Act.
______

SA 3748. Mr. BAUCUS 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 1488, strike lines 1 through 21, and insert
following:

SEC. 12316. CALCULATION OF VOLUME OF ALCOHOL FOR FUEL
CREDITS.

(a) In General.--Paragraph (4) of section 40(d) (relating
to volume of alcohol) is amended by striking ``5 percent''
and inserting ``2 percent''.
(b) Conforming Amendment for Excise Tax Credit.--Section
6426(b) (relating to alcohol fuel mixture credit) is amended
by redesignating paragraph (5) as paragraph (6) and by
inserting after paragraph (4) the following new paragraph:
``(5) Volume of alcohol.--For purposes of determining under
subsection (a) the number of gallons of alcohol with respect
to which a credit is allowable under subsection (a), the
volume of alcohol shall include the volume of any denaturant
(including gasoline) which is added under any formulas
approved by the Secretary to the extent that such denaturants
do not exceed 2 percent of the volume of such alcohol
(including denaturants).''.
(c) Effective Date.--The amendments made by this section
shall apply to fuel sold or used after December 31, 2007.
______

SA 3749. Mr. BAUCUS 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 1473, strike line 3 and all that follows
through page 1480, line 3, and insert the following:

SEC. 12312. CREDIT FOR PRODUCTION OF CELLULOSIC BIOMASS
ALCOHOL.

(a) In General.--Subsection (a) of section 40 (relating to
alcohol used as fuel) is amended by striking ``plus'' at the
end of paragraph (2), by striking the period at the end of
paragraph (3) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(4) the small cellulosic alcohol producer credit.''.
(b) Small Cellulosic Alcohol Producer Credit.--
(1) In general.--Subsection (b) of section 40 is amended by
adding at the end the following new paragraph:
``(6) Small cellulosic alcohol producer credit.--
``(A) In general.--In addition to any other credit allowed
under this section, there shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
an amount equal to the applicable amount for each gallon of
qualified cellulosic alcohol production.
``(B) Applicable amount.--For purposes of subparagraph (A),
the applicable amount means the excess of--
``(i) $1.28, over
``(ii) the sum of--

``(I) the amount of the credit in effect for alcohol which
is ethanol under subsection (b)(1) (without regard to
subsection (b)(3)) at the time of the qualified cellulosic
alcohol production, plus
``(II) the amount of the credit in effect under subsection
(b)(4) at the time of such production.

``(C) Limitation.--
``(i) In general.--No credit shall be allowed to any
taxpayer under subparagraph (A) with respect to any qualified
cellulosic alcohol production during the taxable year in
excess of 60,000,000 gallons.
``(ii) Aggregation rule.--For purposes of clause (i), all
members of the same controlled group of corporations (within
the meaning of section 267(f)) and all persons under common
control (within the meaning of section 52(b) but determined
by treating an interest of more than 50 percent as a
controlling interest) shall be treated as 1 person.
``(iii) Partnership, s corporations, and other pass-thru
entities.--In the case of a partnership, trust, S
corporation, or other pass-thru entity, the limitation
contained in clause (i) shall be applied at the entity level
and at the partner or similar level.
``(D) Qualified cellulosic alcohol production.--For
purposes of this section, the term `qualified cellulosic
alcohol production' means any cellulosic biomass alcohol
which during the taxable year--
``(i) is sold by the taxpayer to another person--

``(I) for use by such other person in the production of a
qualified alcohol mixture in such other person's trade or
business (other than casual off-farm production),
``(II) for use by such other person as a fuel in a trade or
business, or
``(III) who sells such cellulosic biomass alcohol at retail
to another person and places such cellulosic biomass alcohol
in the fuel tank of such other person, or

``(ii) is used or sold by the taxpayer for any purpose
described in clause (i).

The qualified cellulosic alcohol production of any taxpayer
for any taxable year shall not include any alcohol which is
purchased by the taxpayer and with respect to which such
producer increases the proof of the alcohol by additional
distillation.
``(E) Cellulosic biomass alcohol.--
``(i) In general.--The term `cellulosic biomass alcohol'
has the meaning given such term under section 168(l)(3), but
does not include any alcohol with a proof of less than 150.
``(ii) Determination of proof.--The determination of the
proof of any alcohol shall be made without regard to any
added denaturants.
``(F) Allocation of small cellulosic producer credit to
patrons of cooperative.--Rules similar to the rules under
subsection (g)(6) shall apply for purposes of this paragraph.
``(G) Application of paragraph.--This paragraph shall apply
with respect to qualified cellulosic alcohol production after
December 31, 2007, and before April 1, 2015.''.
(2) Termination date not to apply.--Subsection (e) of
section 40 (relating to termination) is amended--
(A) by inserting ``or subsection (b)(6)(G)'' after ``by
reason of paragraph (1)'' in paragraph (2), and
(B) by adding at the end the following new paragraph:
``(3) Exception for small cellulosic alcohol producer
credit.--Paragraph (1) shall not apply to the portion of the
credit allowed under this section by reason of subsection
(a)(4).''.
(c) Alcohol Not Used as a Fuel, etc.--
(1) In general.--Paragraph (3) of section 40(d) is amended
by redesignating subparagraph (D) as subparagraph (E) and by
inserting after subparagraph (C) the following new
subparagraph:
``(D) Small cellulosic alcohol producer credit.--If--
``(i) any credit is allowed under subsection (a)(4), and
``(ii) any person does not use such fuel for a purpose
described in subsection (b)(6)(D),

then there is hereby imposed on such person a tax equal to
the applicable amount for each gallon of such cellulosic
biomass alcohol.''.
(2) Conforming amendments.--
(A) Subparagraph (C) of section 40(d)(3) is amended by
striking ``producer'' in the heading and inserting ``small
ethanol producer''.
(B) Subparagraph (E) of section 40(d)(3), as redesignated
by paragraph (1), is amended by striking ``or (C)'' and
inserting ``(C), or (D)''.
(d) Alcohol Produced in the United States.--Section 40(d)
is amended by adding at the end the following new paragraph:
``(6) Special rule for small cellulosic alcohol
producers.--No small cellulosic alcohol producer credit shall
be determined under subsection (a) with respect to any
alcohol unless such alcohol is produced in the United
States.''.
(e) Effective Date.--The amendments made by this section
shall apply to fuel produced after December 31, 2007.
______

SA 3750. Mr. BAUCUS 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 1473, strike line 3 and all that follows
through page 1480, line 3, and insert the following:

[[Page S14546]]

SEC. 12312. CREDIT FOR PRODUCTION OF CELLULOSIC BIOMASS
ALCOHOL.

(a) In General.--Subsection (a) of section 40 (relating to
alcohol used as fuel) is amended by striking ``plus'' at the
end of paragraph (2), by striking the period at the end of
paragraph (3) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(4) the small cellulosic alcohol producer credit.''.
(b) Small Cellulosic Alcohol Producer Credit.--
(1) In general.--Subsection (b) of section 40 is amended by
adding at the end the following new paragraph:
``(6) Small cellulosic alcohol producer credit.--
``(A) In general.--In addition to any other credit allowed
under this section, there shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
an amount equal to the applicable amount for each gallon of
qualified cellulosic alcohol production.
``(B) Applicable amount.--For purposes of subparagraph (A),
the applicable amount means the excess of--
``(i) $1.28, over
``(ii) the sum of--

``(I) the amount of the credit in effect for alcohol which
is ethanol under subsection (b)(1) (without regard to
subsection (b)(3)) at the time of the qualified cellulosic
alcohol production, plus
``(II) the amount of the credit in effect under subsection
(b)(4) at the time of such production.

``(C) Limitation.--
``(i) In general.--No credit shall be allowed to any
taxpayer under subparagraph (A) with respect to any qualified
cellulosic alcohol production during the taxable year in
excess of 60,000,000 gallons.
``(ii) Aggregation rule.--For purposes of clause (i), all
members of the same controlled group of corporations (within
the meaning of section 267(f)) and all persons under common
control (within the meaning of section 52(b) but determined
by treating an interest of more than 50 percent as a
controlling interest) shall be treated as 1 person.
``(iii) Partnership, s corporations, and other pass-thru
entities.--In the case of a partnership, trust, S
corporation, or other pass-thru entity, the limitation
contained in clause (i) shall be applied at the entity level
and at the partner or similar level.
``(D) Qualified cellulosic alcohol production.--For
purposes of this section, the term `qualified cellulosic
alcohol production' means any cellulosic biomass alcohol
which during the taxable year--
``(i) is sold by the taxpayer to another person--

``(I) for use by such other person in the production of a
qualified alcohol mixture in such other person's trade or
business (other than casual off-farm production),
``(II) for use by such other person as a fuel in a trade or
business, or
``(III) who sells such cellulosic biomass alcohol at retail
to another person and places such cellulosic biomass alcohol
in the fuel tank of such other person, or

``(ii) is used or sold by the taxpayer for any purpose
described in clause (i).

The qualified cellulosic alcohol production of any taxpayer
for any taxable year shall not include any alcohol which is
purchased by the taxpayer and with respect to which such
producer increases the proof of the alcohol by additional
distillation.
``(E) Cellulosic biomass alcohol.--
``(i) In general.--The term `cellulosic biomass alcohol'
has the meaning given such term under section 168(l)(3), but
does not include any alcohol with a proof of less than 150.
``(ii) Determination of proof.--The determination of the
proof of any alcohol shall be made without regard to any
added denaturants.
``(F) Allocation of small cellulosic producer credit to
patrons of cooperative.--Rules similar to the rules under
subsection (g)(6) shall apply for purposes of this paragraph.
``(G) Application of paragraph.--This paragraph shall apply
with respect to qualified cellulosic alcohol production after
December 31, 2007, and before April 1, 2015.''.
(2) Termination date not to apply.--Subsection (e) of
section 40 (relating to termination) is amended--
(A) by inserting ``or subsection (b)(6)(G)'' after ``by
reason of paragraph (1)'' in paragraph (2), and
(B) by adding at the end the following new paragraph:
``(3) Exception for small cellulosic alcohol producer
credit.--Paragraph (1) shall not apply to the portion of the
credit allowed under this section by reason of subsection
(a)(4).''.
(c) Alcohol Not Used as a Fuel, etc.--
(1) In general.--Paragraph (3) of section 40(d) is amended
by redesignating subparagraph (D) as subparagraph (E) and by
inserting after subparagraph (C) the following new
subparagraph:
``(D) Small cellulosic alcohol producer credit.--If--
``(i) any credit is allowed under subsection (a)(4), and
``(ii) any person does not use such fuel for a purpose
described in subsection (b)(6)(D),

then there is hereby imposed on such person a tax equal to
the applicable amount for each gallon of such cellulosic
biomass alcohol.''.
(2) Conforming amendments.--
(A) Subparagraph (C) of section 40(d)(3) is amended by
striking ``producer'' in the heading and inserting ``small
ethanol producer''.
(B) Subparagraph (E) of section 40(d)(3), as redesignated
by paragraph (1), is amended by striking ``or (C)'' and
inserting ``(C), or (D)''.
(d) Alcohol Produced in the United States.--Section 40(d)
is amended by adding at the end the following new paragraph:
``(6) Special rule for small cellulosic alcohol
producers.--No small cellulosic alcohol producer credit shall
be determined under subsection (a) with respect to any
alcohol unless such alcohol is produced in the United
States.''.
(e) Effective Date.--The amendments made by this section
shall apply to fuel produced after December 31, 2007.
On page 1482, line 20, strike ``, as amended by this
Act,''.
On page 1482, line 22, strike ``(j)'' and insert ``(i)''.
On page 1485, line 16, strike ``section 312 of''.
On page 1488, strike lines 1 through 21, and insert
following:

SEC. 12316. CALCULATION OF VOLUME OF ALCOHOL FOR FUEL
CREDITS.

(a) In General.--Paragraph (4) of section 40(d) (relating
to volume of alcohol) is amended by striking ``5 percent''
and inserting ``2 percent''.
(b) Conforming Amendment for Excise Tax Credit.--Section
6426(b) (relating to alcohol fuel mixture credit) is amended
by redesignating paragraph (5) as paragraph (6) and by
inserting after paragraph (4) the following new paragraph:
``(5) Volume of alcohol.--For purposes of determining under
subsection (a) the number of gallons of alcohol with respect
to which a credit is allowable under subsection (a), the
volume of alcohol shall include the volume of any denaturant
(including gasoline) which is added under any formulas
approved by the Secretary to the extent that such denaturants
do not exceed 2 percent of the volume of such alcohol
(including denaturants).''.
(c) Effective Date.--The amendments made by this section
shall apply to fuel sold or used after December 31, 2007.
Beginning on page 1563, line 6, strike through page 1564,
line 15, and insert following:

SEC. 12504. MODIFICATION OF SECTION 1031 TREATMENT FOR
CERTAIN REAL ESTATE.

(a) In General.--Section 1031 (relating to exchange of
property held for productive use or investment), as amended
by this Act, is amended by adding at the end the following
new subsection:
``(j) Special Rule for Subsidized Agricultural Real
Property.--
``(1) In general.--Subsidized agricultural real property
and nonagricultural real property are not property of a like
kind.
``(2) Subsidized agricultural real property.--For purposes
of this subsection, the term `subsidized agricultural real
property' means real property--
``(A) which is used as a farm for farming purposes (within
the meaning of section 2032A(e)(5)); and
``(B) with respect to which a taxpayer receives, in the
taxable year in which an exchange of such property is made,
any payment or benefit under--
``(i) part I of subtitle A,
``(ii) part III (other than sections 1307 and 1308) of
subtitle A, or
``(iii) subtitle B,

of title I of the Food and Energy Security Act of 2007.
``(3) Nonagricultural real property.--For purposes of this
subsection, the term `nonagricultural real property' means
real property which is not used as a farm for farming
purposes (within the meaning of section 2032A(e)(5)).
``(4) Exception.--Paragraph (1) shall not apply with
respect to any subsidized agricultural real property which,
not later than the date of the exchange, is permanently
retired from any program under which any payment or benefit
described in paragraph (2)(B) is made.''.
(b) Effective Date.--The amendments made by this section
shall apply to exchanges completed after the date of the
enactment of this Act.
______

SA 3751. Mrs. HUTCHISON submitted an amendment intended to be
proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

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

SEC. 64___. RIO GRANDE BASIN MANAGEMENT PROJECT.

The Food Security Act of 1985 is amended by inserting after
section 1240K (as added by section 2361) the following:

``SEC. 1240L. RIO GRANDE BASIN MANAGEMENT PROJECT.

``(a) Definition of Rio Grande Basin.--In this section, the
term `Rio Grande Basin' includes all tributaries, backwaters,
and side channels (including watersheds) of the United States
that drain into the Rio Grande River.
``(b) Establishment.--The Secretary, in conjunction with
partnerships of institutions

[[Page S14547]]

of higher education working with farmers, ranchers, and other
rural landowners, shall establish a program under which the
Secretary shall provide grants to the partnerships to benefit
the Rio Grande Basin by--
``(1) restoring water flow and the riparian habitat;
``(2) improving usage;
``(3) addressing demand for drinking water;
``(4) providing technical assistance to agricultural and
municipal water systems; and
``(5) researching alternative treatment systems for water
and waste water.
``(c) Use of Funds.--
``(1) In general.--A grant provided under this section may
be used by a partnership for the costs of carrying out an
activity described in subsection (b), including the costs
of--
``(A) direct labor;
``(B) appropriate travel;
``(C) equipment;
``(D) instrumentation;
``(E) analytical laboratory work;
``(F) subcontracting;
``(G) cooperative research agreements; and
``(H) similar related expenses and costs.
``(2) Limitation.--A grant provided under this section
shall not be used to purchase or construct any building.
``(d) Reports.--A partnership that receives a grant under
this subsection shall submit to the Secretary annual reports
describing--
``(1) the expenses of the partnership during the preceding
calendar year; and
``(2) such other financial information as the Secretary may
require.
``(e) Funding.--There are authorized to be appropriated
such sums as are necessary to carry out this section for each
of fiscal years 2008 through 2012, to remain available until
expended.''.
______

SA 3752. Mrs. HUTCHISON (for herself and Mrs. Lincoln) 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 895, between lines 7 and 8, insert the following:

SEC. 7003. USE OF FEDERAL FUNDS MADE AVAILABLE FOR
COOPERATIVE CENTERS.

Section 1409A(b) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3124a(b)) is amended--
(1) by striking ``(b) In order to promote'' and inserting
the following:
``(b) Cooperative Human Nutrition Centers.--
``(1) In general.--To promote''; and
(2) by adding at the end the following:
``(2) Prohibition relating to reduction of funds.--
Notwithstanding any other provision of law, the Secretary
shall not, with respect to any cooperative children's human
nutrition center located in Houston, Texas, or Little Rock,
Arkansas--
``(A) reduce the amount of Federal funds made available by
any Act through rescission, reprogramming, or project
termination; or
``(B) withhold an amount greater than 5 percent of the
amount of Federal funds made available by any Act for direct,
indirect, or administrative costs.''.
______

SA 3753. Mr. GREGG 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 31, strike lines 4 through 8.
On page 36, strike lines 14 through 21.
On page 110, strike lines 18 through 23.
Beginning on page 266, strike line 11 and all that follows
through page 267, line 7.
Beginning on page 275, strike line 15 and all that follows
through page 276, line 2.
______

SA 3754. Mr. BROWN (for himself, Mr. Sununu, Mrs. McCaskill, Mr.
Durbin, Mr. Schumer, Mr. McCain, and Mr. Feingold) submitted an
amendment intended to be proposed to amendment SA 3500 proposed by Mr.
Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to
the bill H.R. 2419, to provide for the continuation of agricultural
programs through fiscal year 2012, and for other purposes; which was
ordered to lie on the table; as follows:

Beginning on page 268, strike line 8 and all that follows
through page 293, line 2, and insert the following:

SEC. 1908. PREMIUM REDUCTION PLAN.

Section 508(e) of Federal Crop Insurance Act (7 U.S.C.
1508(e)) is amended by adding at the end the following:
``(6) Discount study.--
``(A) In general.--The Secretary shall commission an entity
independent of the crop insurance industry (with expertise
that includes traditional crop insurance) to study the
feasibility of permitting approved insurance providers to
provide discounts to producers purchasing crop insurance
coverage without undermining the viability of the Federal
crop insurance program.
``(B) Components.--The study should include--
``(i) an evaluation of the operation of a premium reduction
plan that examines--

``(I) the clarity, efficiency, and effectiveness of the
statutory language and related regulations;
``(II) whether the regulations frustrated the goal of
offering producers upfront, predictable, and reliable premium
discount payments; and
``(III) whether the regulations provided for reasonable,
cost-effective oversight by the Corporation of premium
discounts offered by approved insurance providers,
including--

``(aa) whether the savings were generated from verifiable
cost efficiencies adequate to offset the cost of discounts
paid; and
``(bb) whether appropriate control was exercised to prevent
approved insurance providers from preferentially offering the
discount to producers of certain agricultural commodities, in
certain regions, or in specific size categories;
``(ii) examination of the impact on producers, the crop
insurance industry, and profitability from offering
discounted crop insurance to producers;
``(iii) examination of implications for industry
concentration from offering discounted crop insurance to
producers;
``(iv) an examination of the desirability and feasibility
of allowing other forms of price competition in the Federal
crop insurance program;
``(v) a review of the history of commissions paid by crop
insurance providers; and
``(vi) recommendations on--

``(I) potential changes to this title that would address
the deficiencies in past efforts to provide discounted crop
insurance to producers,
``(II) whether approved insurance providers should be
allowed to draw on both administrative and operating
reimbursement and underwriting gains to provide discounted
crop insurance to producers; and
``(III) any other action that could increase competition in
the crop insurance industry that will benefit producers but
not undermine the viability of the Federal crop insurance
program.

``(C) Request for proposals.--In developing the request for
proposals for the study, the Secretary shall consult with
parties in the crop insurance industry (including producers
and approved insurance providers and agents, including
providers and agents with experience selling discount crop
insurance products).
``(D) Review of study.--The independent entity selected by
Secretary under subparagraph (A) shall seek comments from
interested stakeholders before finalizing the report of the
entity.
``(E) Report.--Not later than 18 months after the date of
enactment of the Food and Energy Security Act of 2007, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes
the results and recommendations of the study.''.

SEC. 1909. DENIAL OF CLAIMS.

Section 508(j)(2)(A) of the Federal Crop Insurance Act (7
U.S.C. 1508(j)(2)(A)) is amended by inserting ``on behalf of
the Corporation'' after ``approved provider''.

SEC. 1910. MEASUREMENT OF FARM-STORED COMMODITIES.

Section 508(j) of the Federal Crop Insurance Act (7 U.S.C.
1508(j)) is amended by adding at the end the following:
``(5) Measurement of farm-stored commodities.--Beginning
with the 2009 crop year, for the purpose of determining the
amount of any insured production loss sustained by a producer
and the amount of any indemnity to be paid under a plan of
insurance--
``(A) a producer may elect, at the expense of the producer,
to have the Farm Service Agency measure the quantity of the
commodity; and
``(B) the results of the measurement shall be used as the
evidence of the quantity of the commodity that was
produced.''.

SEC. 1911. SHARE OF RISK.

Section 508(k) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)) is amended by striking paragraph (3) and inserting
the following:
``(3) Share of risk.--The reinsurance agreements of the
Corporation with the reinsured companies shall require the
cumulative underwriting gain or loss, and the associated
premium and losses with such amount, calculated under any
reinsurance agreement (except livestock) ceded to the
Corporation by each approved insurance provider to be not
less than 30 percent.''.

SEC. 1912. REIMBURSEMENT RATE.

Section 508(k)(4) of the Federal Crop Insurance Act (7
U.S.C. 1508(k)(4)) (as amended by section 1906(2)) is
amended--
(1) in subparagraph (A), by striking ``Except as provided
in subparagraph (B)'' and inserting ``Except as otherwise
provided in this paragraph''; and
(2) by adding at the end the following:
``(E) Reimbursement rate reduction.--For each of the 2009
and subsequent reinsurance years, the reimbursement rates for
administrative and operating costs shall be 5 percentage
points below the rates in effect as of the date of enactment
of the Food and Energy Security Act of 2007 for all crop
insurance policies used to define loss ratio .

[[Page S14548]]

``(F) Reimbursement rate for area policies and plans of
insurance.--Notwithstanding subparagraphs (A) through (E),
for each of the 2009 and subsequent reinsurance years, the
reimbursement rate for area policies and plans of insurance
shall be 17 percent of the premium used to define loss ratio
for that reinsurance year.''.

SEC. 1913. RENEGOTIATION OF STANDARD REINSURANCE AGREEMENT.

Section 508(k) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)) is amended by adding at the end the following:
``(8) Renegotiation of standard reinsurance agreement.--
``(A) In general.--Notwithstanding section 536 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 1506 note; Public Law 105-185) and section 148
of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
1506 note; Public Law 106-224), the Corporation may
renegotiate the financial terms and conditions of each
Standard Reinsurance Agreement--
``(i) following the reinsurance year ending June 30, 2010;
``(ii) once during each period of 3 reinsurance years
thereafter; and
``(iii) subject to subparagraph (B), in any case in which
the approved insurance providers, as a whole, experience
unexpected adverse circumstances, as determined by the
Secretary.
``(B) Notification requirement.--If the Corporation
renegotiates a Standard Reinsurance Agreement under
subparagraph (A)(iii), the Corporation shall notify the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate of the renegotiation.''.

SEC. 1914. CHANGE IN DUE DATE FOR CORPORATION PAYMENTS FOR
UNDERWRITING GAINS.

Section 508(k) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)) (as amended by section 1912) is amended by adding at
the end the following:
``(9) Due date for payment of underwriting gains.--
Effective beginning with the 2011 reinsurance year, the
Corporation shall make payments for underwriting gains under
this title on--
``(A) for the 2011 reinsurance year, October 1, 2012; and
``(B) for each reinsurance year thereafter, October 1 of
the following calendar year.''.

SEC. 1915. ACCESS TO DATA MINING INFORMATION.

(a) In General.--Section 515(j)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1515(j)(2)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(2) by adding at the end the following:
``(B) Access to data mining information.--
``(i) In general.--The Secretary shall establish a fee-for-
access program under which approved insurance providers pay
to the Secretary a user fee in exchange for access to the
data mining system established under subparagraph (A) for the
purpose of assisting in fraud and abuse detection.
``(ii) Prohibition.--

``(I) In general.--Except as provided in subclause (II),
the Corporation shall not impose a requirement on approved
insurance providers to access the data mining system
established under subparagraph (A).
``(II) Access without fee.--If the Corporation requires
approved insurance providers to access the data mining system
established under subparagraph (A), access will be provided
without charge to the extent necessary to fulfill the
requirements.

``(iii) Access limitation.--In establishing the program
under clause (i), the Secretary shall ensure that an approved
insurance provider has access only to information relating to
the policies or plans of insurance for which the approved
insurance provider provides insurance coverage, including any
information relating to--

``(I) information of agents and adjusters relating to
policies for which the approved insurance provider provides
coverage;
``(II) the other policies or plans of an insured that are
insured through another approved insurance providers; and
``(III) the policies or plans of an insured for prior crop
insurance years.''.

(b) Insurance Fund.--Section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516) is amended--
(1) in subsection (b), by adding at the end the following:
``(3) Data mining system.--The Corporation shall use
amounts deposited in the insurance fund established under
subsection (c) from fees collected under section 515(j)(2)(B)
to administer and carry out improvements to the data mining
system under that section.''; and
(2) in subsection (c)(1)--
(A) by striking ``and civil'' and inserting ``civil''; and
(B) by inserting ``and fees collected under section
515(j)(2)(B)(i),'' after ``section 515(h),''.

SEC. 1916. PRODUCER ELIGIBILITY.

Section 520(2) of the Federal Crop Insurance Act (7 U.S.C.
1520(2)) is amended by inserting ``or is a person who raises
livestock owned by other persons (that is not covered by
insurance under this title by another person)'' after
``sharecropper''.

SEC. 1917. CONTRACTS FOR ADDITIONAL CROP POLICIES.

Section 522(c) of the Federal Crop Insurance Act (7 U.S.C.
1522) is amended--
(1) by redesignating paragraph (10) as paragraph (14); and
(2) by inserting after paragraph (9) the following:
``(10) Energy crop insurance policy.--
``(A) Definition of dedicated energy crop.--In this
subsection, the term `dedicated energy crop' means an annual
or perennial crop that--
``(i) is grown expressly for the purpose of producing a
feedstock for renewable biofuel, renewable electricity, or
bio-based products; and
``(ii) is not typically used for food, feed, or fiber.
``(B) Authority.--The Corporation shall offer to enter into
1 or more contracts with qualified entities to carry out
research and development regarding a policy to insure
dedicated energy crops.
``(C) Research and development.--Research and development
described in subparagraph (B) shall evaluate the
effectiveness of risk management tools for the production of
dedicated energy crops, including policies and plans of
insurance that--
``(i) are based on market prices and yields;
``(ii) to the extent that insufficient data exist to
develop a policy based on market prices and yields, evaluate
the policies and plans of insurance based on the use of
weather or rainfall indices to protect the interests of crop
producers; and
``(iii) provide protection for production or revenue
losses, or both.
``(11) Aquaculture insurance policy.--
``(A) Definition of aquaculture.--In this subsection:
``(i) In general.--The term `aquaculture' means the
propagation and rearing of aquatic species in controlled or
selected environments, including shellfish cultivation on
grants or leased bottom and ocean ranching.
``(ii) Exclusion.--The term `aquaculture' does not include
the private ocean ranching of Pacific salmon for profit in
any State in which private ocean ranching of Pacific salmon
is prohibited by any law (including regulations).
``(B) Authority.--The Corporation shall offer to enter into
1 or more contracts with qualified entities to carry out
research and development regarding a policy to insure
aquaculture operations.
``(C) Research and development.--Research and development
described in subparagraph (B) shall evaluate the
effectiveness of risk management tools for the production of
fish and other seafood in aquaculture operations, including
policies and plans of insurance that--
``(i) are based on market prices and yields;
``(ii) to the extent that insufficient data exist to
develop a policy based on market prices and yields, evaluate
how best to incorporate insuring of aquaculture operations
into existing policies covering adjusted gross revenue; and
``(iii) provide protection for production or revenue
losses, or both.
``(12) Organic crop production coverage improvements.--
``(A) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Corporation shall offer
to enter into 1 or more contracts with qualified entities for
the development of improvements in Federal crop insurance
policies covering organic crops.
``(B) Price election.--
``(i) In general.--The contracts under subparagraph (A)
shall include the development of procedures (including any
associated changes in policy terms or materials required for
implementation of the procedures) to offer producers of
organic crops a price election that would reflect the actual
retail or wholesale prices, as appropriate, received by
producers for organic crops, as established using data
collected and maintained by the Agricultural Marketing
Service.
``(ii) Deadline.--The development of the procedures
required under clause (i) shall be completed not later than
the date necessary to allow the Corporation to offer the
price election--

``(I) beginning in the 2009 reinsurance year for organic
crops with adequate data available; and
``(II) subsequently for additional organic crops as data
collection for those organic crops is sufficient, as
determined by the Corporation.

``(13) Skiprow cropping practices.--
``(A) In general.--The Corporation shall offer to enter
into a contract with a qualified entity to carry out research
into needed modifications of policies to insure corn and
sorghum produced in the Central Great Plains (as determined
by the Agricultural Research Service) through use of skiprow
cropping practices.
``(B) Research.--Research described in subparagraph (A)
shall--
``(i) review existing research on skiprow cropping
practices and actual production history of producers using
skiprow cropping practices; and
``(ii) evaluate the effectiveness of risk management tools
for producers using skiprow cropping practices, including--

``(I) the appropriateness of rules in existence as of the
date of enactment of this paragraph relating to the
determination of acreage planted in skiprow patterns; and
``(II) whether policies for crops produced through skiprow
cropping practices reflect actual production capabilities.''.

SEC. 1918. RESEARCH AND DEVELOPMENT.

(a) Reimbursement Authorized.--Section 522(b) of the
Federal Crop Insurance Act (7

[[Page S14549]]

U.S.C. 1522(b)) is amended by striking paragraph (1) and
inserting the following:
``(1) Research and development reimbursement.--The
Corporation shall provide a payment to reimburse an applicant
for research and development costs directly related to a
policy that--
``(A) is submitted to, and approved by, the Board pursuant
to a FCIC reimbursement grant under paragraph (7); or
``(B) is--
``(i) submitted to the Board and approved by the Board
under section 508(h) for reinsurance; and
``(ii) if applicable, offered for sale to producers.''.
(b) FCIC Reimbursement Grants.--Section 522(b) of the
Federal Crop Insurance Act (7 U.S.C. 1522(b)) is amended by
adding at the end the following:
``(7) FCIC reimbursement grants.--
``(A) Grants authorized.--The Corporation shall provide
FCIC reimbursement grants to persons (referred to in this
paragraph as `submitters') proposing to prepare for
submission to the Board crop insurance policies and
provisions under subparagraphs (A) and (B) of section
508(h)(1), that apply and are approved for the FCIC
reimbursement grants under this paragraph.
``(B) Submission of application.--
``(i) In general.--The Board shall receive and consider
applications for FCIC reimbursement grants at least once each
year.
``(ii) Requirements.--An application to receive a FCIC
reimbursement grant from the Corporation shall consist of
such materials as the Board may require, including--

``(I) a concept paper that describes the proposal in
sufficient detail for the Board to determine whether the
proposal satisfies the requirements of subparagraph (C); and
``(II) a description of --

``(aa) the need for the product, including an assessment of
marketability and expected demand among affected producers;
``(bb) support from producers, producer organizations,
lenders, or other interested parties; and
``(cc) the impact the product would have on producers and
on the crop insurance delivery system; and

``(III) a statement that no products are offered by the
private sector that provide the same benefits and risk
management services as the proposal;
``(IV) a summary of data sources available that demonstrate
that the product can reasonably be developed and properly
rated; and
``(V) an identification of the risks the proposed product
will cover and an explanation of how the identified risks are
insurable under this title.

``(C) Approval conditions.--
``(i) In general.--A majority vote of the Board shall be
required to approve an application for a FCIC reimbursement
grant.
``(ii) Required findings.--The Board shall approve the
application if the Board finds that--

``(I) the proposal contained in the application--

``(aa) provides coverage to a crop or region not
traditionally served by the Federal crop insurance program;
``(bb) provides crop insurance coverage in a significantly
improved form;
``(cc) addresses a recognized flaw or problem in the
Federal crop insurance program or an existing product;
``(dd) introduces a significant new concept or innovation
to the Federal crop insurance program; or
``(ee) provides coverage or benefits not available from the
private sector;

``(II) the submitter demonstrates the necessary
qualifications to complete the project successfully in a
timely manner with high quality;
``(III) the proposal is in the interests of producers and
can reasonably be expected to be actuarially appropriate and
function as intended;
``(IV) the Board determines that the Corporation has
sufficient available funding to award the FCIC reimbursement
grant; and
``(V) the proposed budget and timetable are reasonable.

``(D) Participation.--
``(i) In general.--In reviewing proposals under this
paragraph, the Board may use the services of persons that the
Board determines appropriate to carry out expert review in
accordance with section 508(h).
``(ii) Confidentiality.--All proposals submitted under this
paragraph shall be treated as confidential in accordance with
section 508(h)(4).
``(E) Entering into agreement.--Upon approval of an
application, the Board shall offer to enter into an agreement
with the submitter for the development of a formal submission
that meets the requirements for a complete submission
established by the Board under section 508(h).
``(F) Feasibility studies.--
``(i) In general.--In appropriate cases, the Corporation
may structure the FCIC reimbursement grant to require, as an
initial step within the overall process, the submitter to
complete a feasibility study, and report the results of the
study to the Corporation, prior to proceeding with further
development.
``(ii) Monitoring.--The Corporation may require such other
reports as the Corporation determines necessary to monitor
the development efforts.
``(G) Rates.--Payment for work performed by the submitter
under this paragraph shall be based on rates determined by
the Corporation for products--
``(i) submitted under section 508(h); or
``(ii) contracted by the Corporation under subsection (c).
``(H) Termination.--
``(i) In general.--The Corporation or the submitter may
terminate any FCIC reimbursement grant at any time for just
cause.
``(ii) Reimbursement.--If the Corporation or the submitter
terminates the FCIC reimbursement grant before final approval
of the product covered by the grant, the submitter shall be
entitled to--

``(I) reimbursement of all eligible costs incurred to that
point; or
``(II) in the case of a fixed rate agreement, payment of an
appropriate percentage, as determined by the Corporation.

``(iii) Denial.--If the submitter terminates development
without just cause, the Corporation may deny reimbursement or
recover any reimbursement already made.
``(I) Consideration of products.--The Board shall consider
any product developed under this paragraph and submitted to
the Board under the rules the Board has established for
products submitted under section 508(h).''.
(c) Conforming Amendment.--Section 523(b)(10) of the
Federal Crop Insurance Act (7 U.S.C. 1523(b)(10)) is amended
by striking ``(other than research and development costs
covered by section 522)''.

SEC. 1919. FUNDING FROM INSURANCE FUND.

Section 522(e) of the Federal Crop Insurance Act (7 U.S.C.
1522(e)) is amended--
(1) in paragraph (1), by striking ``$10,000,000'' and all
that follows through the end of the paragraph and inserting
``$7,500,000 for fiscal year 2008 and each subsequent fiscal
year''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Contracting, data mining, and comprehensive
information management system.--Of the amounts made available
from the insurance fund established under section 516(c), the
Corporation may use not more than $12,500,000 for fiscal year
2008 and each subsequent fiscal year to carry out, in
addition to other available funds--
``(A) contracting and partnerships under subsections (c)
and (d);
``(B) data mining and data warehousing under section
515(j)(2);
``(C) the comprehensive information management system under
section 10706 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8002);
``(D) compliance activities, including costs for additional
personnel; and
``(E) development, modernization, and enhancement of the
information technology systems used to manage and deliver the
crop insurance program.''.

SEC. 1920. INCREASED FUNDING FOR CERTAIN PROGRAMS.

In addition to the amounts made available under other
provisions of this Act and amendments made by this Act, of
the funds of the Commodity Credit Corporation, the Secretary
shall use to carry out--
(1) the farmland protection program established under
subchapter B of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838h et seq.) (commonly
known as the ``Farm and Ranch Lands Protection Program''), an
additional $10,000,000 for each of fiscal years 2008 through
2012;
(2) the grassland reserve program established under
subchapter C of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838n et seq.), an
additional $50,000,000 for the period of fiscal years 2008
through 2012;
(3) the environmental quality incentives program
established under chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et seq.), an
additional $30,000,000 for each of fiscal years 2008 through
2012;
(4) the McGovern-Dole International Food for Education and
Child Nutrition Program established under section 3107 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
1736o-1), an additional $100,000,000 for each of fiscal years
2009 and 2010; and
(5) the improvements to the food and nutrition program made
by section 4109 (and the amendments made by that sections)
without regard to section 4908(b)(7).

SEC. 1921. STRENGTHENING THE FOOD PURCHASING POWER OF LOW-
INCOME AMERICANS.

(a) In General.--Section 5(e)(1) of the Food and Nutrition
Act of 2007 (7 U.S.C. 2014(e)(1)) is amended--
(1) in subparagraph (A)(ii), by striking ``not less than
$134'' and all that follows through the end of the clause and
inserting the following: ``not less than--

``(I) for fiscal year 2008, $141, $241, $199, and $124,
respectively;
``(II) for each of fiscal years 2009 through 2012, an
amount that is equal to the amount from the previous fiscal
year adjusted to the nearest lower dollar increment to
reflect changes for the 12-month period ending on the
preceding June 30 in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor, for items other than food;
``(III) for fiscal year 2013, $134, $229, $189, and $118,
respectively; and
``(IV) for fiscal year 2014 and each fiscal year
thereafter, an amount that is equal to the amount from the
previous fiscal year adjusted to the nearest lower dollar
increment to reflect changes for the 12-month period ending
on the preceding June 30 in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics

[[Page S14550]]

of the Department of Labor, for items other than food.'';

(2) in subparagraph (B)(ii), by striking ``not less than
$269.'' and inserting the following: ``not less than--

``(I) for fiscal year 2008, $283;
``(II) for each of fiscal years 2009 through 2012, an
amount that is equal to the amount from the previous fiscal
year adjusted to the nearest lower dollar increment to
reflect changes for the 12-month period ending on the
preceding June 30 in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor, for items other than food;
``(III) for fiscal year 2013, $269; and
``(IV) for fiscal year 2014 and each fiscal year
thereafter, an amount that is equal to the amount from the
previous fiscal year adjusted to the nearest lower dollar
increment to reflect changes for the 12-month period ending
on the preceding June 30 in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics
of the Department of Labor, for items other than food.''; and

(3) by adding at the end the following:
``(C) Requirement.--Each adjustment under subclauses (II)
and (IV) of subparagraph (A)(ii) and subclauses (II) and (IV)
of subparagraph (B)(ii) shall be based on the unrounded
amount for the prior 12-month period.''.
(b) Effect of Other Provision.--The amendments made by
section 4102 shall have no force or effect.
______

SA 3755. Mr. ROBERTS 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 385, lines 16 and 17, strike ``13,273,000 acres for
each fiscal year, but not to exceed 79,638,000 acres'' and
insert ``11,945,700 acres for each fiscal year, but not to
exceed 71,674,200 acres''.
On page 403, line 21, strike ``$60,000,000'' and insert
``$82,600,000''.
On page 445, line 20, strike ``$97,000,000'' and insert
``$120,000,000''.
On page 445, line 24, strike ``$240,000,000'' and insert
``$500,000,000''.
On page 446, strike lines 4 through 7 and insert the
following:
``(A) $1,370,000,000 for each of fiscal years 2008 and
2009; and
``(B) $1,400,000,000 for each of fiscal years 2010 through
2012.
______

SA 3756. Mr. ROBERTS 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 499, strike line 15 and all that follows
through page 501, line 2, and insert the following:
(a) Federal Crop Insurance.--Section 508 of the Federal
Crop Insurance Act (7 U.S.C. 1508) is amended by adding at
the end the following:
``(o) Crop Insurance Ineligibility Relating to Crop
Production on Native Sod.--
``(1) Definition of native sod.--In this subsection, the
term `native sod' means land--
``(A) on which the plant cover is composed principally of
native grasses, grasslike plants, forbs, or shrubs suitable
for grazing and browsing; and
``(B) that has never been used for production of an
agricultural commodity.
``(2) Ineligibility.--
``(A) In general.--Except as provided in subparagraph (B),
native sod acreage on which an agricultural commodity is
planted for which a policy or plan of insurance is available
under this title shall be ineligible for benefits under this
Act.
``(B) De minimus acreage.--
``(i) Exemption.--The Secretary shall exempt areas of 5
acres or less from subparagraph (A).
``(ii) Waiver.--The Secretary may provide a waiver from the
application of subparagraph (A) for areas of 15 acres or less
on a case-by-case basis.''.
(b) Noninsured Crop Disaster Assistance.--Section 196(a) of
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333(a)) is amended by adding at the end the
following:
``(4) Program ineligibility relating to crop production on
native sod.--
``(A) Definition of native sod.--In this paragraph, the
term `native sod' means land--
``(i) on which the plant cover is composed principally of
native grasses, grasslike plants, forbs, or shrubs suitable
for grazing and browsing; and
``(ii) that has never been used for production of an
agricultural commodity.
``(B) Ineligibility.--Except as provided in subparagraph
(C), native sod acreage on which an agricultural commodity is
planted for which a policy or plan of Federal crop insurance
is available shall be ineligible for benefits under this
section.
``(C) De minimus acreage.--
``(i) Exemption.--The Secretary shall exempt areas of 5
acres or less from subparagraph (B).
``(ii) Waiver.--The Secretary may provide a waiver from the
application of subparagraph (B) for areas of 15 acres or less
on a case-by-case basis.''.
______

SA 3757. Mr. INHOFE 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. 11072. POULTRY SUSTAINABILITY RESEARCH PROGRAM.

(a) Definitions.--In this section:
(1) Eligible applicant.--The term ``eligible applicant''
includes any institution of higher education, farmer or other
agricultural producer, municipality, and private nonprofit
organization that--
(A) expresses to the Secretary an interest in the long-term
environmental and economic sustainability of the agricultural
industry; and
(B) is located in--
(i) the State of Arkansas;
(ii) the State of Oklahoma; and
(iii) the State of Texas.
(2) Program.--The term ``program'' means the poultry
sustainability research program established under subsection
(b).
(b) Establishment.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall establish a
poultry sustainability research program.
(2) Required activities.--In carrying out the program, the
Secretary shall--
(A) identify challenges and develop solutions to enhance
the economic and environmental sustainability of the poultry
industry in the Southwest region of the United States;
(B) research, develop, and implement programs--
(i) to recover energy and other useful products from
poultry waste;
(ii) to identify new technologies for the storage,
treatment, use, and disposal of animal waste; and
(iii) to assist the poultry industry in ensuring that
emissions of animal waste (within the meaning of section
211(o) of the Clean Air Act (42 U.S.C. 7545(o))) and
discharges (as defined in section 502 of the Federal Water
Pollution Control Act (33 U.S.C. 1362)) of the industry are
maintained at levels at or below applicable regulatory
standards;
(C) provide technical assistance, training, applied
research, and monitoring to eligible applicants;
(D) develop environmentally effective programs in the
poultry industry; and
(E) collaborate with eligible applicants to work with the
Federal Government (including Federal agencies) in the
development of conservation, environmental credit trading,
and watershed programs to help private landowners and
agricultural producers meet applicable water quality
standards.
(c) Contracts.--
(1) In general.--In carrying out the program, the Secretary
shall offer to enter into contracts with eligible applicants.
(2) Application.--
(A) Submission of application.--To enter into a contract
with the Secretary under paragraph (1), an eligible applicant
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(B) Guidelines.--As soon as practicable after the date of
enactment of this Act, the Secretary shall promulgate a
regulation describing the application requirements, including
milestones and goals to be achieved by each eligible
applicant.
(d) Reports.--Not later than 2 years after the date of
enactment of this Act, and for each fiscal year thereafter,
the Secretary shall submit to Congress a report describing--
(1) each project for which funds are provided under this
section; and
(2) any advance in technology resulting from the
implementation of this section.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2008 through 2012, to
remain available until expended.
______

SA 3758. Mr. SMITH (for himself, Mr. Barrasso, and 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:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. ___. FEDERAL AND STATE COOPERATIVE FOREST, RANGELAND,
AND WATERSHED RESTORATION AND PROTECTION.

(a) Definitions.--In this section:

[[Page S14551]]

(1) Eligible state.--The term ``eligible State'' means a
State that contains National Forest System land or Bureau of
Land Management land located west of the 100th meridian.
(2) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to National
Forest System land; or
(B) the Secretary of the Interior, with respect to Bureau
of Land Management land.
(3) State forester.--The term ``State forester'' means the
head of a State agency with jurisdiction over State forest
land in an eligible State.
(b) Cooperative Agreements and Contracts.--
(1) In general.--The Secretary may enter into a cooperative
agreement or contract (including a sole source contract) with
a State forester to authorize the State forester to provide
the forest, rangeland, and watershed restoration and
protection services described in paragraph (2) on National
Forest System land or Bureau of Land Management land, as
applicable, in the eligible State if similar and
complementary restoration and protection services are being
provided by the State forester on adjacent State or private
land.
(2) Authorized services.--The forest, rangeland, and
watershed restoration and protection services referred to in
paragraph (1) include the conduct of--
(A) activities to treat insect infected trees;
(B) activities to reduce hazardous fuels; and
(C) any other activities to restore or improve forest,
rangeland, and watershed health, including fish and wildlife
habitat.
(3) State as agent.--Except as provided in paragraph (6), a
cooperative agreement or contract entered into under
paragraph (1) may authorize the State forester to serve as
the agent for the Secretary in providing the restoration and
protection services authorized under paragraph (1).
(4) Subcontracts.--In accordance with applicable contract
procedures for the eligible State, a State forester may enter
into subcontracts to provide the restoration and protection
services authorized under a cooperative agreement or contract
entered into under paragraph (1).
(5) Timber sales.--Subsections (d) and (g) of section 14 of
the National Forest Management Act of 1976 (16 U.S.C. 472a)
shall not apply to services performed under a cooperative
agreement or contract entered into under paragraph (1).
(6) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any
restoration and protection services to be provided under this
section by a State forester on National Forest System land or
Bureau of Land Management land, as applicable, shall not be
delegated to a State forester or any other officer or
employee of the eligible State.
(7) Applicable law.--The restoration and protection
services to be provided under this section shall be carried
out on a project-to-project basis under existing authorities
of the Forest Service or Bureau of Land Management, as
applicable.
(c) Termination of Effectiveness.--
(1) In general.--The authority of the Secretary to enter
into cooperative agreements and contracts under this section
terminates on September 30, 2012.
(2) Contract date.--The termination date of a cooperative
agreement or contract entered into under this section shall
not extend beyond September 30, 2013.
______

SA 3759. Ms. SNOWE (for herself, Mr. Schumer, Mrs. Clinton, 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 1362, between lines 19 and 20, insert the
following:

Subtitle C--Northern Border Economic Development Commission

SEC. 11081. DEFINITIONS.

In this subtitle:
(1) Commission.--The term ``Commission'' means the Northern
Border Economic Development Commission established by section
11082.
(2) Federal grant program.--The term ``Federal grant
program'' means a Federal grant program to provide assistance
in carrying out economic and community development activities
and conservation activities that are consistent with economic
development.
(3) Non-profit entity.--The term ``non-profit entity''
means any entity with tax-exempt or non-profit status, as
defined by the Internal Revenue Service.
(4) Region.--The term ``region'' means the area covered by
the Commission (as described in section 11094).

SEC. 11082. NORTHERN BORDER ECONOMIC DEVELOPMENT COMMISSION.

(a) Establishment.--
(1) In general.--There is established the Northern Border
Economic Development Commission.
(2) Composition.--The Commission shall be composed of--
(A) a Federal member, to be appointed by the President,
with the advice and consent of the Senate; and
(B) the Governor of each State in the region that elects to
participate in the Commission.
(3) Cochairpersons.--The Commission shall be headed by--
(A) the Federal member, who shall serve--
(i) as the Federal cochairperson; and
(ii) as a liaison between the Federal Government and the
Commission; and
(B) a State cochairperson, who--
(i) shall be a Governor of a participating State in the
region; and
(ii) shall be elected by the State members for a term of
not less than 1 year.
(b) Alternate Members.--
(1) State alternates.--
(A) Appointment.--The State member of a participating State
may have a single alternate, who shall be appointed by the
Governor of the State from among the Governor's cabinet or
personal staff.
(B) Voting.--An alternate shall vote in the event of the
absence, death, disability, removal, or resignation of the
member for whom the individual is an alternate.
(2) Alternate federal cochairperson.--The President shall
appoint an alternate Federal cochairperson.
(3) Quorum.--
(A) In general.--Subject to the requirements of this
paragraph, the Commission shall determine what constitutes a
quorum of the Commission.
(B) Federal cochairperson.--The Federal cochairperson or
the Federal cochairperson's designee must be present for the
establishment of a quorum of the Commission.
(C) State alternates.--A State alternate shall not be
counted toward the establishment of a quorum of the
Commission.
(4) Delegation of power.--No power or responsibility of the
Commission specified in paragraphs (3) and (4) of subsection
(c), and no voting right of any Commission member, shall be
delegated to any person--
(A) who is not a Commission member; or
(B) who is not entitled to vote in Commission meetings.
(c) Decisions.--
(1) Requirements for approval.--Except as provided in
subsection (g), decisions by the Commission shall require the
affirmative vote of the Federal cochairperson and of a
majority of the State members, exclusive of members
representing States delinquent under subsection (g)(2)(C).
(2) Consultation.--In matters coming before the Commission,
the Federal cochairperson, to the extent practicable, shall
consult with the Federal departments and agencies having an
interest in the subject matter.
(3) Decisions requiring quorum of state members.--The
following decisions may not be made without a quorum of State
members:
(A) A decision involving Commission policy.
(B) Approval of State, regional, or subregional development
plans or strategy statements.
(C) Modification or revision of the Commission's code.
(D) Allocation of amounts among the States.
(4) Project and grant proposals.--The approval of project
and grant proposals is a responsibility of the Commission and
shall be carried out in accordance with section 11088.
(d) Duties.--The Commission shall--
(1) develop, on a continuing basis, comprehensive and
coordinated plans and programs to establish priorities and
approve grants for the economic development of the region,
giving due consideration to other Federal, State, and local
planning and development activities in the region;
(2) not later than 365 days after the date of enactment of
this Act, establish priorities in a development plan for the
region (including 5-year regional outcome targets);
(3) assess the needs and capital assets of the region based
on available research, demonstration projects, assessments,
and evaluations of the region prepared by Federal, State, or
local agencies, local development districts, and any other
relevant source;
(4)(A) enhance the capacity of, and provide support for,
local development districts in the region; or
(B) if no local development district exists in an area in a
participating State in the region, foster the creation of a
local development district;
(5) actively solicit the participation of representatives
of local development districts, industry groups, and other
appropriate organizations as approved by the Commission, in
all public proceedings of the Commission conducted under
subsection (e)(1), either in-person or through interactive
telecommunications; and
(6) encourage private investment in industrial, commercial,
and other economic development projects in the region.
(e) Administration.--In carrying out subsection (d), the
Commission may--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and print
or otherwise reproduce and distribute a description of the
proceedings and reports on actions by the Commission as the
Commission considers appropriate;
(2) authorize, through the Federal or State cochairperson
or any other member of the Commission designated by the
Commission,

[[Page S14552]]

the administration of oaths if the Commission determines that
testimony should be taken or evidence received under oath;
(3) request from any Federal, State, or local department or
agency such information as may be available to or procurable
by the department or agency that may be of use to the
Commission in carrying out duties of the Commission;
(4) adopt, amend, and repeal bylaws and rules governing the
conduct of Commission business and the performance of
Commission duties;
(5) request the head of any Federal department or agency to
detail to the Commission such personnel as the Commission
requires to carry out duties of the Commission, each such
detail to be without loss of seniority, pay, or other
employee status;
(6) request the head of any State department or agency or
local government to detail to the Commission such personnel
as the Commission requires to carry out duties of the
Commission, each such detail to be without loss of seniority,
pay, or other employee status;
(7) provide for coverage of Commission employees in a
suitable retirement and employee benefit system by--
(A) making arrangements or entering into contracts with any
participating State government; or
(B) otherwise providing retirement and other employee
benefit coverage;
(8) accept, use, and dispose of gifts or donations of
services or real, personal, tangible, or intangible property;
(9) enter into and perform such contracts or other
transactions as are necessary to carry out Commission duties;
(10) establish and maintain a central office located within
the Northern Border Economic Development Commission region
and field offices at such locations as the Commission may
select; and
(11) provide for an appropriate level of representation in
Washington, DC.
(f) Federal Agency Cooperation.--A Federal agency shall--
(1) cooperate with the Commission; and
(2) provide, on request of the Federal cochairperson,
appropriate assistance in carrying out this subtitle, in
accordance with applicable Federal laws (including
regulations).
(g) Administrative Expenses.--
(1) In general.--Administrative expenses of the Commission
(except for the expenses of the Federal cochairperson,
including expenses of the alternate and staff of the Federal
cochairperson, which shall be paid solely by the Federal
Government) shall be paid--
(A) by the Federal Government, in an amount equal to 50
percent of the administrative expenses; and
(B) by the States in the region participating in the
Commission, in an amount equal to 50 percent of the
administrative expenses.
(2) State share.--
(A) In general.--The share of administrative expenses of
the Commission to be paid by each State shall be determined
by the Commission.
(B) No federal participation.--The Federal cochairperson
shall not participate or vote in any decision under
subparagraph (A).
(C) Delinquent states.--If a State is delinquent in payment
of the State's share of administrative expenses of the
Commission under this subsection--
(i) no assistance under this subtitle shall be furnished to
the State (including assistance to a political subdivision or
a resident of the State); and
(ii) no member of the Commission from the State shall
participate or vote in any action by the Commission.
(h) Compensation.--
(1) Federal cochairperson.--The Federal cochairperson shall
be compensated by the Federal Government at level III of the
Executive Schedule in subchapter II of chapter 53 of title V,
United States Code.
(2) Alternate federal cochairperson.--The alternate Federal
cochairperson--
(A) shall be compensated by the Federal Government at level
V of the Executive Schedule described in paragraph (1); and
(B) when not actively serving as an alternate for the
Federal cochairperson, shall perform such functions and
duties as are delegated by the Federal cochairperson.
(3) State members and alternates.--
(A) In general.--A State shall compensate each member and
alternate representing the State on the Commission at the
rate established by law of the State.
(B) No additional compensation.--No State member or
alternate member shall receive any salary, or any
contribution to or supplementation of salary from any source
other than the State for services provided by the member or
alternate to the Commission.
(4) Detailed employees.--
(A) In general.--No person detailed to serve the Commission
under subsection (e)(6) shall receive any salary or any
contribution to or supplementation of salary for services
provided to the Commission from--
(i) any source other than the State, local, or
intergovernmental department or agency from which the person
was detailed; or
(ii) the Commission.
(B) Violation.--Any person that violates this paragraph
shall be fined not more than $5,000, imprisoned not more than
1 year, or both.
(C) Applicable law.--The Federal cochairperson, the
alternate Federal cochairperson, and any Federal officer or
employee detailed to duty on the Commission under subsection
(e)(5) shall not be subject to subparagraph (A), but shall
remain subject to sections 202 through 209 of title 18,
United States Code.
(5) Additional personnel.--
(A) Compensation.--
(i) In general.--The Commission may appoint and fix the
compensation of an executive director and such other
personnel as are necessary to enable the Commission to carry
out the duties of the Commission.
(ii) Exception.--Compensation under clause (i) shall not
exceed the maximum rate for the Senior Executive Service
under section 5382 of title 5, United States Code, including
any applicable locality-based comparability payment that may
be authorized under section 5304(h)(2)(C) of that title.
(B) Executive director.--The executive director shall be
responsible for--
(i) the carrying out of the administrative duties of the
Commission;
(ii) direction of the Commission staff; and
(iii) such other duties as the Commission may assign.
(C) No federal employee status.--No member, alternate,
officer, or employee of the Commission (except the Federal
cochairperson of the Commission, the alternate and staff for
the Federal cochairperson, and any Federal employee detailed
to the Commission under subsection (e)(5)) shall be
considered to be a Federal employee for any purpose.
(i) Conflicts of Interest.--
(1) In general.--Except as provided under paragraph (2), no
State member, alternate, officer, or employee of the
Commission shall participate personally and substantially as
a member, alternate, officer, or employee of the Commission,
through decision, approval, disapproval, recommendation, the
rendering of advice, investigation, or otherwise, in any
proceeding, application, request for a ruling or other
determination, contract, claim, controversy, or other matter
in which, to knowledge of the member, alternate, officer, or
employee any of the following persons has a financial
interest:
(A) The member, alternate, officer, or employee.
(B) The spouse, minor child, partner, or organization
(other than a State or political subdivision of the State) of
the member, alternate, officer, or employee, in which the
member, alternate, officer, or employee is serving as
officer, director, trustee, partner, or employee.
(C) Any person or organization with whom the member,
alternate, officer, or employee is negotiating or has any
arrangement concerning prospective employment.
(2) Disclosure.--Paragraph (1) shall not apply if the State
member, alternate, officer, or employee--
(A) immediately advises the Commission of the nature and
circumstances of the proceeding, application, request for a
ruling or other determination, contract, claim, controversy,
or other particular matter presenting a potential conflict of
interest;
(B) makes full disclosure of the financial interest; and
(C) before the proceeding concerning the matter presenting
the conflict of interest, receives a written determination by
the Commission that the interest is not so substantial as to
be likely to affect the integrity of the services that the
Commission may expect from the State member, alternate,
officer, or employee.
(3) Violation.--Any person that violates this subsection
shall be fined not more than $10,000, imprisoned not more
than 2 years, or both.
(j) Validity of Contracts, Loans, and Grants.--The
Commission may declare void any contract, loan, or grant of
or by the Commission in relation to which the Commission
determines that there has been a violation of any provision
under subsection (h)(4), subsection (i), or sections 202
through 209 of title 18, United States Code.

SEC. 11083. ECONOMIC AND COMMUNITY DEVELOPMENT GRANTS.

(a) In General.--The Commission may approve grants to
States, local development districts (as defined in section
11085(a)), and public and nonprofit entities for projects,
approved in accordance with section 11088--
(1) to develop the infrastructure of the region for the
purpose of facilitating economic development in the region
(except that grants for this purpose may only be made to a
State or local government);
(2) to assist the region in obtaining job training,
employment-related education, business development, and small
business development and entrepreneurship;
(3) to assist the region in community and economic
development;
(4) to support the development of severely distressed and
underdeveloped areas;
(5) to promote resource conservation, forest management,
tourism, recreation, and preservation of open space in a
manner consistent with economic development goals;
(6) to promote the development of renewable and alternative
energy sources; and
(7) to achieve the purposes of this subtitle.
(b) Funding.--
(1) In general.--Funds for grants under subsection (a) may
be provided--
(A) entirely from appropriations to carry out this section;
(B) in combination with funds available under another State
or Federal grant program; or
(C) from any other source.

[[Page S14553]]

(2) Eligible projects.--The Commission may provide
assistance, make grants, enter into contracts, and otherwise
provide funds to eligible entities in the region for projects
that promote--
(A) business development;
(B) job training or employment-related education;
(C) small businesses and entrepreneurship, including--
(i) training and education to aspiring entrepreneurs, small
businesses, and students;
(ii) access to capital and facilitating the establishment
of small business venture capital funds;
(iii) existing entrepreneur and small business development
programs and projects; and
(iv) projects promoting small business innovation and
research;
(D) local planning and leadership development;
(E) basic public infrastructure, including high-tech
infrastructure and productive natural resource conservation;
(F) information and technical assistance for the
modernization and diversification of the forest products
industry to support value-added forest products enterprises;
(G) forest-related cultural, nature-based, and heritage
tourism;
(H) energy conservation and efficiency in the region to
enhance its economic competitiveness;
(I) the use of renewable energy sources in the region to
produce alternative transportation fuels, electricity and
heat; and
(J) any other activity facilitating economic development in
the region.
(3) Federal share.--Notwithstanding any provision of law
limiting the Federal share in any grant program, funds
appropriated or otherwise made available to carry out this
section may be used to increase a Federal share in a grant
program, as the Commission determines appropriate.

SEC. 11084. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.

(a) Federal Grant Program Funding.--In accordance with
subsection (b), the Federal cochairperson may use amounts
made available to carry out this subtitle, without regard to
any limitations on areas eligible for assistance or
authorizations for appropriation under any other Act, to fund
all or any portion of the basic Federal contribution to a
project or activity under a Federal grant program in the
region in an amount that is above the fixed maximum portion
of the cost of the project otherwise authorized by applicable
law, but not to exceed 80 percent of the costs of the
project.
(b) Certification.--
(1) In general.--In the case of any program or project for
which all or any portion of the basic Federal contribution to
the project under a Federal grant program is proposed to be
made under this section, no Federal contribution shall be
made until the Federal official administering the Federal law
authorizing the contribution certifies that the program or
project--
(A) meets the applicable requirements of the applicable
Federal grant law; and
(B) could be approved for Federal contribution under the
law if funds were available under the law for the program or
project.
(2) Certification by commission.--
(A) In general.--The certifications and determinations
required to be made by the Commission for approval of
projects under this subtitle in accordance with section
11088--
(i) shall be controlling; and
(ii) shall be accepted by the Federal agencies.
(B) Acceptance by federal cochairperson.--Any finding,
report, certification, or documentation required to be
submitted to the head of the department, agency, or
instrumentality of the Federal Government responsible for the
administration of any Federal grant program shall be accepted
by the Federal cochairperson with respect to a supplemental
grant for any project under the program.

SEC. 11085. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION AND
ADMINISTRATIVE EXPENSES.

(a) Definition of Local Development District.--In this
section, the term ``local development district'' means an
entity designated by the State that--
(1) is--
(A)(i) a planning district in existence on the date of
enactment of this Act that is recognized by the Economic
Development Administration of the Department of Commerce; or
(ii) a development district recognized by the State; or
(B) if an entity described in subparagraph (A)(i) or
(A)(ii) does not exist, an entity designated by the
Commission that satisfies the criteria developed by the
Economic Development Administration for a local development
district; and
(2) has not, as certified by the Federal cochairperson--
(A) inappropriately used Federal grant funds from any
Federal source; or
(B) appointed an officer who, during the period in which
another entity inappropriately used Federal grant funds from
any Federal source, was an officer of the other entity.
(b) Grants to Local Development Districts.--
(1) In general.--The Commission may make grants for
administrative expenses under this section.
(2) Conditions for grants.--
(A) Maximum amount.--The amount of any grant awarded under
paragraph (1) shall not exceed 80 percent of the
administrative expenses of the local development district
receiving the grant.
(B) Local share.--The contributions of a local development
district for administrative expenses may be in cash or in
kind, fairly evaluated, including space, equipment, and
services.
(c) Duties of Local Development Districts.--A local
development district shall--
(1) operate as a lead organization serving multicounty
areas in the region at the local level; and
(2) serve as a liaison between State and local governments,
nonprofit organizations (including community-based groups and
educational institutions), the business community, and
citizens that--
(A) are involved in multijurisdictional planning;
(B) provide technical assistance to local jurisdictions and
potential grantees; and
(C) provide leadership and civic development assistance.

SEC. 11086. DEVELOPMENT PLANNING PROCESS.

(a) State Development Plan.--In accordance with policies
established by the Commission, each State member shall submit
a development plan for the area of the region represented by
the State member.
(b) Content of Plan.--A State development plan submitted
under subsection (a) shall reflect the goals, objectives, and
priorities identified in the regional development plan
developed under section 11082(d)(2).
(c) Consultation.--In carrying out the development planning
process, a State shall--
(1) consult with--
(A) local development districts;
(B) local units of government;
(C) institutions of higher learning; and
(D) stakeholders; and
(2) take into consideration the goals, objectives,
priorities, and recommendations of the entities described in
paragraph (1).
(d) Public Participation.--The Commission and applicable
State and local development districts shall encourage and
assist, to the maximum extent practicable, public
participation in the development, revision, and
implementation of all plans and programs under this subtitle.

SEC. 11087. PROGRAM DEVELOPMENT CRITERIA.

(a) In General.--In considering programs and projects to be
provided assistance under this subtitle, and in establishing
a priority ranking of the requests for assistance provided by
the Commission, the Commission shall follow procedures that
ensure, to the maximum extent practicable, consideration of--
(1) the relationship of the project to overall regional
development;
(2) the economic distress of an area, including the per
capita income, outmigration, poverty and unemployment rates,
and other socioeconomic indicators for the area;
(3) the financial resources available to the applicants for
assistance seeking to carry out the project, with emphasis on
ensuring that projects are adequately financed to maximize
the probability of successful economic development;
(4) the importance of the project in relation to other
projects that may be in competition for the same funds;
(5) the prospects that the project for which assistance is
sought will improve, on a continuing rather than a temporary
basis, the opportunities for employment, the average level of
income, or the economic development of the area served by the
project;
(6) the extent to which the project design provides for
detailed outcome measurements by which grant expenditures and
the results of the expenditures may be evaluated; and
(7) the preservation of multiple uses, including
conservation, of natural resources.
(b) No Relocation Assistance.--No financial assistance
authorized by this subtitle shall be used to assist an
establishment in relocating from 1 area to another.
(c) Reduction of Funds.--Funds may be provided for a
program or project in a State under this subtitle only if the
Commission determines that the level of Federal or State
financial assistance provided under a law other than this
subtitle, for the same type of program or project in the same
area of the State within the region, will not be reduced as a
result of funds made available by this subtitle.

SEC. 11088. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS.

(a) In General.--A State or regional development plan or
any multistate subregional plan that is proposed for
development under this subtitle shall be reviewed by the
Commission.
(b) Evaluation by State Member.--An application for a grant
or any other assistance for a project under this subtitle
shall be made through and evaluated for approval by the State
member of the Commission representing the applicant.
(c) Certification.--An application for a grant or other
assistance for a project shall be approved only on
certification by the State member and Federal cochairperson
that the application for the project--
(1) describes ways in which the project complies with any
applicable State development plan;
(2) meets applicable criteria under section 11087;
(3) provides adequate assurance that the proposed project
will be properly administered, operated, and maintained; and
(4) otherwise meets the requirements of this subtitle.

[[Page S14554]]

(d) Votes for Decisions.--Upon certification of an
application for a grant or other assistance for a specific
project under this section, an affirmative vote of the
Commission under section 11082(c) shall be required for
approval of the application.

SEC. 11089. CONSENT OF STATES.

Nothing in this subtitle requires any State to engage in or
accept any program under this subtitle without the consent of
the State.

SEC. 11090. RECORDS.

(a) Records of the Commission.--
(1) In general.--The Commission shall maintain accurate and
complete records of all transactions and activities of the
Commission.
(2) Availability.--All records required under paragraph (1)
shall be available for audit by the Comptroller General of
the United States and the Commission (including authorized
representatives of the Comptroller General and the
Commission).
(b) Records of Recipients of Federal Assistance.--
(1) In general.--A recipient of Federal funds under this
subtitle shall, as required by the Commission, maintain
accurate and complete records of transactions and activities
financed with Federal funds and report on the transactions
and activities to the Commission.
(2) Availability.--All records required under paragraph (1)
shall be available for audit by the Comptroller General of
the United States and the Commission (including authorized
representatives of the Comptroller General and the
Commission).

SEC. 11091. ANNUAL REPORT.

Not later than 180 days after the end of each fiscal year,
the Commission shall submit to the President and to Congress
a report describing the activities carried out under this
subtitle.

SEC. 11092. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated to
the Commission to carry out this subtitle $40,000,000 for
each of fiscal years 2008 through 2012, to remain available
until expended.
(b) Administrative Expenses.--Not more than 5 percent of
the amount appropriated under subsection (a) for a fiscal
year shall be used for administrative expenses of the
Commission.

SEC. 11093. TERMINATION OF COMMISSION.

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

SEC. 11094. REGION OF NORTHERN BORDER ECONOMIC DEVELOPMENT
COMMISSION.

(a) Goal.--It shall be the goal of the Commission to
address economic distress along the northern border of the
United States east of, and including, Cayuga County, New
York, especially in rural areas.
(b) Counties Included in Northern Border Region.--
Consistent with the goal described in subsection (a), the
region of Commission shall include the following counties:
(1) In Maine, the counties of Aroostook, Franklin, Oxford,
Somerset, and Washington.
(2) In New Hampshire, the county of Coos.
(3) In New York, the counties of Cayuga, Clinton, Franklin,
Jefferson, Oswego, and St. Lawrence.
(4) In Vermont, the counties of Essex, Franklin, Grand
Isle, and Orleans.
(c) Contiguous Counties.--
(1) In general.--Subject to paragraph (2), in addition to
the counties listed in subsection (b), the region of
Commission shall include the following counties:
(A) In Maine, the counties of Androscoggin, Kennebec,
Penobscot, Piscataquis, and Waldo.
(B) In New York, the counties of Essex, Hamilton, Herkimer,
Lewis, Oneida, and Seneca.
(C) In Vermont, the county of Caledonia.
(2) Recommendations to congress.--As part of an annual
report submitted under section 11091, the Commission may
recommend to Congress removal of a county listed in paragraph
(1) from the region on the basis that the county no longer
exhibits 2 or more of the following economic distress
factors: population loss, poverty, income levels, and
unemployment.
(d) Examination of Additional Counties and Areas for
Inclusion in the Region.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Commission--
(A) shall examine all counties that border the region of
the Commission specified in subsection (a), including the
political subdivisions and census tracts within such
counties; and
(B) may add a county or any portion of a county examined
under subparagraph (A)to the region, if the Commission
determines that the county or portion--
(i) is predominantly rural in nature; and
(ii) exhibits significant economic distress in terms of
population loss, poverty, income levels, unemployment, or
other economic indicator that the Commission considers
appropriate.
(2) Priority.--In carrying out paragraph (1)(A), the
Commission shall first examine the following counties:
(A) In Maine, the counties of Hancock and Knox.
(B) In New Hampshire, the counties of Grafton, Carroll, and
Sullivan.
(C) In New York, the counties of Fulton, Madison, Warren,
Saratoga, and Washington.
(D) In Vermont, the county of Lamoille.
(e) Addition of Counties and Other Areas.--
(1) Recommendations.--Following the one-year period
beginning on the date of enactment of this Act, as part of an
annual report submitted under section 11091, the Commission
may recommend to Congress additional counties or portions of
counties for inclusion in the region.
(2) Areas of economic distress.--The Commission may
recommend that an entire county be included in the region on
the basis of one or more distressed areas within the county.
(3) Assessments of economic conditions.--The Commission may
provide technical and financial assistance to a county that
is not included in the region for the purpose of conducting
an economic assessment of the county. The results of such an
assessment may be used by the Commission in making
recommendations under paragraph (1).
(f) Limitation.--A county eligible for assistance from the
Appalachian Regional Commission under subtitle IV of title
40, United States Code, shall not be eligible for assistance
from the Northern Border Economic Development Commission.

SEC. 11095. REDUCTION IN FUNDS.

(a) In General.--Except as provided in subsection (b) and
notwithstanding any other provision of this Act or an
amendment made by this Act, for the period beginning on
October 1, 2007, and ending on September 30, 2011--
(1) each amount provided to carry out a program under title
I or an amendment made by title I is reduced by an amount
necessary to achieve a total reduction of $200,000,000; and
(2) the Secretary shall adjust the amount of each payment,
loan, gain, or other assistance provided under each program
described in paragraph (1) by such amount as is necessary to
achieve the reduction required under that paragraph, as
determined by the Secretary.
(b) Application.--This section does not apply to a payment,
loan, gain, or other assistance provided under a contract
entered into by the Secretary before the date of enactment of
this Act.
______

SA 3760. Mr. HARKIN 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 1495, strike line 10 and all that follows
through page 1500, line 7, and insert the following:

PART IV--ENERGY PROGRAM FUNDING AND INCENTIVES FOR ALTERNATIVE FUELS

SEC. 12331. INCREASED FUNDING FOR CERTAIN ENERGY PROGRAMS.

In addition to the amounts made available under title IX of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8101 et seq.) (as amended by section 9001), of the funds of
the Commodity Credit Corporation, the Secretary shall use to
carry out--
(1) the biorefinery and repowering assistance program
established under section 9005 of that Act , an additional
$100,000,000 for fiscal year 2008;
(2) the Rural Energy for America Program established under
section 9007 of that Act, an additional $120,000,000 for
fiscal year 2008; and
(3) the biomass research and development program
established under section 9008 of that Act, an additional
$20,000,000 for each of fiscal years 2008 through 2012.

SEC. 12332. EXTENSION AND MODIFICATION OF CREDIT FOR COAL-TO-
LIQUID FUELS.

(a) Extension.--
(1) Alternative fuel credit.--Paragraph (4) of section
6426(d) (relating to alternative fuel credit) is amended to
read as follows:
``(4) Termination.--This subsection shall not apply to any
sale or use for any period after--
``(A) September 30, 2014, in the case of any sale or use
involving liquified hydrogen,
``(B) December 31, 2010, in the case of any sale or use
involving a liquid fuel derived from coal (including peat)
through the Fischer-Tropsch process, and
``(C) September 30, 2009, in the case of any other sale or
use.''.
(2) Alternative fuel mixture credit.--Paragraph (3) of
section 6426(e) (relating to alternative fuel mixture credit)
is amended to read as follows:
``(3) Termination.--This subsection shall not apply to any
sale or use for any period after--
``(A) September 30, 2014, in the case of any sale or use
involving liquified hydrogen,
``(B) December 31, 2010, in the case of any sale or use
involving a liquid fuel derived from coal (including peat)
through the Fischer-Tropsch process, and
``(C) September 30, 2009, in the case of any other sale or
use.''.
(3) Payments.--Paragraph (5) of section 6427(e) (relating
to termination) is amended--
(A) in subparagraph (C)--
(i) by striking ``subparagraph (D)'' and inserting
``subparagraphs (D) and (E)'', and
(ii) by striking ``and'' at the end,
(B) by redesignating subparagraph (D) as subparagraph (E),
and

[[Page S14555]]

(C) by inserting after subparagraph (C) the following new
subparagraph:
``(D) any alternative fuel or alternative fuel mixture (as
so defined) involving a liquid fuel derived from coal
(including peat) through the Fischer-Tropsch process sold or
used after December 31, 2010, and''.
(b) Credit Allowed for Aviation Use of Fuel.--Paragraph (1)
of section 6426(d) is amended by inserting ``sold by the
taxpayer for use as a fuel in aviation,'' after
``motorboat,''.
(c) Carbon Capture Requirement for Certain Fuels.--
(1) In general.--Subsection (d) of section 6426, as amended
by subsection (a), is amended by redesignating paragraph (4)
as paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Carbon capture requirement.--
``(A) In general.--The requirements of this paragraph are
met if the fuel is certified, under such procedures as
required by the Secretary, as having been derived from coal
produced at a gasification facility which separates and
sequesters not less than the applicable percentage of such
facility's total carbon dioxide emissions.
``(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage is--
``(i) 50 percent in the case of fuel produced after the
date of the enactment of this paragraph and on or before the
earlier of--

``(I) the date the Secretary makes a determination under
subparagraph (C), or
``(II) December 30, 2010, and

``(ii) 75 percent in the case of fuel produced after the
date on which the applicable percentage under clause (i)
ceases to apply.
``(C) Determination to increase applicable percentage
before december 31, 2010.--If the Secretary, after
considering the recommendations of the Carbon Sequestration
Capability Panel, finds that the applicable percentage under
subparagraph (B) should be 75 percent for fuel produced
before December 31, 2010, the Secretary shall make a
determination under this subparagraph. Any determination made
under this subparagraph shall be made not later than 30 days
after the Secretary receives from the Carbon Sequestration
Panel the report required under section 331(c)(3)(D) of the
Heartland, Habitat, Harvest, and Horticulture Act of 2007.''.
(2) Conforming amendment.--Subparagraph (E) of section
6426(d)(2) is amended by inserting ``which meets the
requirements of paragraph (4) and which is'' after ``any
liquid fuel''.
(3) Carbon sequestration capability panel.--
(A) Establishment of panel.--There is established a panel
to be known as the ``Carbon Sequestration Capability Panel''
(hereafter in this paragraph referred to as the ``Panel'').
(B) Membership.--The Panel shall be composed of--
(i) 1 representative from the National Academy of Sciences,
(ii) 1 representative from the University of Kentucky
Center for Applied Energy Research, and
(iii) 1 individual appointed jointly by the representatives
under clauses (i) and (ii).
(C) Study.--The Panel shall study the appropriate
percentage of carbon dioxide for separation and sequestration
under section 6426(d)(4) of the Internal Revenue Code of 1986
consistent with the purposes of such section. The panel shall
consider whether it is feasible to separate and sequester 75
percent of the carbon dioxide emissions of a facility,
including costs and other factors associated with separating
and sequestering such percentage of carbon dioxide emissions.
(D) Report.--Not later than 6 months after the date of the
enactment of this Act, the Panel shall report to the
Secretary of Treasury, the Committee on Finance of the
Senate, and the Committee on Ways and Means of the House of
Representatives on the study under subparagraph (C).
(d) Effective Date.--The amendments made by this section
shall apply to fuel sold or used after the date of the
enactment of this Act.

SEC. 12333. EXTENSION OF ALTERNATIVE FUEL VEHICLE REFUELING
PROPERTY CREDIT.

______

SA 3761. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

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

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

``(B) Exclusions.--Except for a shallow water area
described in paragraph (2)(A)(i), an owner or operator may
not enroll in the conservation reserve under this
subsection--
``(i) any wetland, or land on a floodplain, that is, or is
adjacent to, a perennial riverine system wetland identified
on the final national wetland inventory map of the Secretary
of the Interior; or
``(ii) in the case of an area that is not covered by the
final national inventory map, any wetland, or land on a
floodplain, that is adjacent to a perennial stream identified
on a 1-24,000 scale map of the United States Geological
Survey.
``(C) Program limitations.--
``(i) In general.--The Secretary may enroll in the
conservation reserve under this subsection not more than--

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

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

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

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

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

``(D) Owner or operator limitations.--
``(i) Wetland.--

``(I) In general.--Except for a shallow water area
described in paragraph (2)(A)(i), the maximum size of any
wetland described in subparagraph (A)(i) of an owner or
operator enrolled in the conservation reserve under this
subsection shall be 40 contiguous acres.
``(II) Coverage.--All acres described in subclause (I)
(including acres that are ineligible for payment) shall be
covered by the conservation contract.

``(ii) Buffer acreage.--The maximum size of any buffer
acreage described in subparagraph (A)(ii) of an owner or
operator enrolled in the conservation reserve under this
subsection shall be determined by the Secretary in
consultation with the State Technical Committee.
``(iii) Tracts.--Except for a shallow water area described
in paragraph (2)(A)(i) and buffer acreage, the maximum size
of any eligible acreage described in subparagraph (A) in a
tract (as determined by the Secretary) of an owner or
operator enrolled in the conservation reserve under this
subsection shall be 40 acres.
``(3) Duties of owners and operators.--Under a contract
entered into under this subsection, during the term of the
contract, an owner or operator of a farm or ranch shall
agree--
``(A) to restore the hydrology of the wetland within the
eligible acreage to the maximum extent practicable, as
determined by the Secretary;
``(B) to establish vegetative cover (which may include
emerging vegetation in water

[[Page S14556]]

and bottomland hardwoods, cypress, and other appropriate tree
species in shallow water areas) on the eligible acreage, as
determined by the Secretary;
``(C) to a general prohibition of commercial use of the
enrolled land; and
``(D) to carry out other duties described in section 1232.
``(4) Duties of the secretary.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), in return for a contract entered into by an owner or
operator under this subsection, the Secretary shall make
payments based on rental rates for cropland and provide
assistance to the owner or operator in accordance with
sections 1233 and 1234.
``(B) Continuous signup.--The Secretary shall use
continuous signup under section 1234(c)(2)(B) to determine
the acceptability of contract offers and the amount of rental
payments under this subsection.
``(C) Incentives.--The amounts payable to owners and
operators in the form of rental payments under contracts
entered into under this subsection shall reflect incentives
that are provided to owners and operators to enroll
filterstrips in the conservation reserve under section
1234.''.
______

SA 3762. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

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

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

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

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

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

SA 3763. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr.
Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to
provide for the continuation of agricultural programs through fiscal
year 2012, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

TITLE __--DOMESTIC PET TURTLE MARKET ACCESS

SEC. __. SHORT TITLE.

This title may be cited as the ``Domestic Pet Turtle
Equality Act''.

SEC. __. FINDINGS.

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

SEC. __. REVIEW, REPORT, AND ACTION ON THE SALE OF BABY
TURTLES.

(a) Pet Turtle.--In this section, the term ``pet turtle''
means a turtle that is less than 10.2 centimeters in
diameter.
(b) Prevalence of Salmonella.--Not later than 60 days after
the date of enactment of this title, the Secretary of Health
and Human Services, acting through the Commissioner of Food
and Drugs, shall determine the prevalence of salmonella in
each species of reptile and amphibian sold legally as a pet
in the United States in order to determine whether the
prevalence of salmonella in reptiles and amphibians sold
legally as pets in the United States on average is not more
than 10 percent less than the percentage of salmonella in pet
turtles.
(c) Action if Prevalence Is Similar.--If the prevalence of
salmonella in reptiles and amphibians sold legally as pets in
the United States on average is more than 10 percent less
than the percentage of salmonella in pet turtles--
(1) the Secretary of Agriculture shall--
(A) conduct a study to determine how pet turtles can be
sold safely as pets in the United States and provide
recommendations to Congress not later than 150 days after the
date of such determination;
(B) in conducting such study, consult with all relevant
stakeholders, such as the Centers for Disease Control and
Prevention, the turtle farming industry, academia, and the
American Academy of Pediatrics; and
(C) examine the safety measures taken to protect
individuals from salmonella-related

[[Page S14557]]

dangers involved with reptiles and amphibians sold legally in
the United States that contain a similar or greater presence
of salmonella than that of pet turtles; and
(2) the Secretary of Agriculture--
(A) may not prohibit the sale of pet turtles in the United
States; or
(B) shall prohibit the sale in the United States of any
reptile or amphibian that contains a similar or greater
prevalence of salmonella than that of pet turtles.
______

SA 3764. Ms. KLOBUCHAR (for herself, Mr. Durbin, and Mr. Brown)
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 210, strike line 15 and all that follows
through page 214, line 9, and insert the following:
(c) Modification of Limitation.--
(1) In general.--Section 1001D of the Food Security Act of
1985 (7 U.S.C. 1308-3a) is amended by striking subsection (b)
and inserting the following:
``(b) Limitation.--
``(1) Commodity and conservation programs.--
``(A) Commodity programs.--Notwithstanding any other
provision of law, an individual or entity shall not be
eligible to receive any benefit described in paragraph (2)(A)
during a crop year if the average adjusted gross income of
the individual or entity, or the average adjusted gross
income of the individual and spouse of the individual,
exceeds--
``(i) $250,000, if less than 66.66 percent of the average
adjusted gross income of the individual or entity, or the
average adjusted gross income of the individual and spouse of
the individual, is derived from farming, ranching, or
forestry operations, as determined by the Secretary; or
``(ii) $750,000.
``(B) Conservation programs.--Notwithstanding any other
provision of law, an individual or entity shall not be
eligible to receive any benefit described in paragraph (2)(B)
during a crop year if the average adjusted gross income of
the individual or entity, or the average adjusted gross
income of the individual and spouse of the individual,
exceeds $2,500,000, unless not less than 75 percent of the
average adjusted gross income of the individual or entity, or
the average adjusted gross income of the individual and
spouse of the individual, is derived from farming, ranching,
or forestry operations, as determined by the Secretary.
``(2) Covered benefits.--
``(A) In general.--Paragraph (1)(A) applies with respect to
the following:
``(i) A direct payment or counter-cyclical payment under
part I or III of subtitle A of title I of the Food and Energy
Security Act of 2007.
``(ii) A marketing loan gain or loan deficiency payment
under part II or III of subtitle A of title I of the Food and
Energy Security Act of 2007.
``(iii) An average crop revenue payment under subtitle B of
title I of Food and Energy Security Act of 2007.
``(B) Conservation programs.--Paragraph (1)(B) applies with
respect to a payment under any program under--
``(i) title XII of this Act;
``(ii) title II of the Farm Security and Rural Investment
Act of 2002 (Public Law 107-171; 116 Stat. 223); or
``(iii) title II of the Food and Energy Security Act of
2007.
``(3) Income derived from farming, ranching or forestry
operations.--In determining what portion of the average
adjusted gross income of an individual or entity is derived
from farming, ranching, or forestry operations, the Secretary
shall include income derived from--
``(A) the production of crops, livestock, or unfinished raw
forestry products;
``(B) the sale, including the sale of easements and
development rights, of farm, ranch, or forestry land or water
or hunting rights;
``(C) the sale of equipment to conduct farm, ranch, or
forestry operations;
``(D) the rental or lease of land used for farming,
ranching, or forestry operations, including water or hunting
rights;
``(E) the provision of production inputs and services to
farmers, ranchers, and foresters;
``(F) the processing (including packing), storing
(including shedding), and transporting of farm, ranch, and
forestry commodities;
``(G) the sale of land that has been used for agriculture;
and
``(H) payments or other income attributable to benefits
received under any program authorized under title I or II of
the Food and Energy Security Act of 2007.''.
(2) Increased funding for certain programs.--In addition to
the amounts made available under other provisions of this Act
and amendments made by this Act, of the funds of the
Commodity Credit Corporation, the Secretary shall use to
carry out--
(A) the grassland reserve program established under
subchapter C of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838n et seq.), an
additional $20,000,000 for the period of fiscal years 2013
through 2017;
(B) the provision of assistance for community food projects
under section 25 of the Food and Nutrition Act of 2007 (7
U.S.C. 2034) (as amended by section 4801(g)), an additional
$10,000,000 for each of fiscal years 2013 through 2016;
(C) the beginning farmer and rancher individual development
accounts pilot program established under section 333B of the
Consolidated Farm and Rural Development Act (as added by
section 5201), an additional $5,000,000 for each of fiscal
years 2013 through 2017;
(D) the program of grants to encourage State initiatives to
improve broadband service established under section 6202, an
additional--
(i) $40,000,000 for the period of fiscal years 2009 through
2012; and
(ii) $30,000,000 for the period of fiscal years 2013
through 2017;
(E) the organic agriculture research and extension
initiative established under section 1672B of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5925b) (as amended by section 7104), an additional
$10,000,000 for each of fiscal years 2013 through 2014;
(F) the beginning farmer and rancher development program
established under section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f) (as amended by
section 7309), an additional $15,000,000 for each of fiscal
years 2013 through 2017;
(G) the biomass crop transition assistance program
established under subsections (b) and (c) of section 9004 of
the Farm Security and Rural Investment Act of 2002 (as
amended by section 9001), an additional $40,000,000 for the
period of fiscal years 2009 through 2012; and
(H) the Rural Energy for America Program established under
section 9007 of the Farm Security and Rural Investment Act of
2002 (as amended by section 9001), an additional $40,000,000
for the period of fiscal years 2009 through 2012.
______

SA 3765. Ms. KLOBUCHAR (for herself, Mr. Durbin, and Mr. Brown)
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 210, strike line 15 and all that follows
through page 214, line 9, and insert the following:
(c) Modification of Limitation.--
(1) In general.--Section 1001D of the Food Security Act of
1985 (7 U.S.C. 1308-3a) is amended by striking subsection (b)
and inserting the following:
``(b) Limitation.--
``(1) Commodity and conservation programs.--
``(A) Commodity programs.--Notwithstanding any other
provision of law, an individual or entity shall not be
eligible to receive any benefit described in paragraph (2)(A)
during a crop year if the average adjusted gross income of
the individual or entity, or the average adjusted gross
income of the individual and spouse of the individual,
exceeds--
``(i) $250,000, if less than 66.66 percent of the average
adjusted gross income of the individual or entity, or the
average adjusted gross income of the individual and spouse of
the individual, is derived from farming, ranching, or
forestry operations, as determined by the Secretary; or
``(ii) $750,000.
``(B) Conservation programs.--Notwithstanding any other
provision of law, an individual or entity shall not be
eligible to receive any benefit described in paragraph (2)(B)
during a crop year if the average adjusted gross income of
the individual or entity, or the average adjusted gross
income of the individual and spouse of the individual,
exceeds $2,500,000, unless not less than 75 percent of the
average adjusted gross income of the individual or entity, or
the average adjusted gross income of the individual and
spouse of the individual, is derived from farming, ranching,
or forestry operations, as determined by the Secretary.
``(2) Covered benefits.--
``(A) In general.--Paragraph (1)(A) applies with respect to
the following:
``(i) A direct payment or counter-cyclical payment under
part I or III of subtitle A of title I of the Food and Energy
Security Act of 2007.
``(ii) A marketing loan gain or loan deficiency payment
under part II or III of subtitle A of title I of the Food and
Energy Security Act of 2007.
``(iii) An average crop revenue payment under subtitle B of
title I of Food and Energy Security Act of 2007.
``(B) Conservation programs.--Paragraph (1)(B) applies with
respect to a payment under any program under--
``(i) title XII of this Act;
``(ii) title II of the Farm Security and Rural Investment
Act of 2002 (Public Law 107-171; 116 Stat. 223); or
``(iii) title II of the Food and Energy Security Act of
2007.
``(3) Income derived from farming, ranching or forestry
operations.--In determining what portion of the average
adjusted

[[Page S14558]]

gross income of an individual or entity is derived from
farming, ranching, or forestry operations, the Secretary
shall include income derived from--
``(A) the production of crops, livestock, or unfinished raw
forestry products;
``(B) the sale, including the sale of easements and
development rights, of farm, ranch, or forestry land or water
or hunting rights;
``(C) the sale of equipment to conduct farm, ranch, or
forestry operations;
``(D) the rental or lease of land used for farming,
ranching, or forestry operations, including water or hunting
rights;
``(E) the provision of production inputs and services to
farmers, ranchers, and foresters;
``(F) the processing (including packing), storing
(including shedding), and transporting of farm, ranch, and
forestry commodities;
``(G) the sale of land that has been used for agriculture;
and
``(H) payments or other income attributable to benefits
received under any program authorized under title I or II of
the Food and Energy Security Act of 2007.''.
(2) Increased funding for certain programs.--In addition to
the amounts made available under other provisions of this Act
and amendments made by this Act, of the funds of the
Commodity Credit Corporation, the Secretary shall use to
carry out--
(A) the grassland reserve program established under
subchapter C of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838n et seq.), an
additional $20,000,000 for the period of fiscal years 2013
through 2017;
(B) the provision of assistance for community food projects
under section 25 of the Food and Nutrition Act of 2007 (7
U.S.C. 2034) (as amended by section 4801(g)), an additional
$10,000,000 for each of fiscal years 2013 through 2016;
(C) the beginning farmer and rancher individual development
accounts pilot program established under section 333B of the
Consolidated Farm and Rural Development Act (as added by
section 5201), an additional $5,000,000 for each of fiscal
years 2013 through 2017;
(D) the program of grants to encourage State initiatives to
improve broadband service established under section 6202, an
additional--
(i) $40,000,000 for the period of fiscal years 2009 through
2012; and
(ii) $30,000,000 for the period of fiscal years 2013
through 2017;
(E) the organic agriculture research and extension
initiative established under section 1672B of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5925b) (as amended by section 7104), an additional
$10,000,000 for each of fiscal years 2013 through 2014;
(F) the beginning farmer and rancher development program
established under section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f) (as amended by
section 7309), an additional $15,000,000 for each of fiscal
years 2013 through 2017;
(G) the biomass crop transition assistance program
established under subsections (b) and (c) of section 9004 of
the Farm Security and Rural Investment Act of 2002 (as
amended by section 9001), an additional $40,000,000 for the
period of fiscal years 2009 through 2012; and
(H) the Rural Energy for America Program established under
section 9007 of the Farm Security and Rural Investment Act of
2002 (as amended by section 9001), an additional $40,000,000
for the period of fiscal years 2009 through 2012.
______

SA 3766. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss,
Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
(_)Paunsaugunt Plateau Wildlife and Rangeland Enhancement
Pilot Program.--
(1) Of the amounts made available in Subsection __--the
Secretary shall reserve $5,000,000 to remain available until
expended to initiate a pilot program in partnership with
local Water Conservation Districts for watershed restoration
and the protection and enhancement of native, introduced, and
sensitive forage grass and browse, plant species for use by
wildlife and livestock in the Paunsaugunt Plateau and
adjacent public and private lands in the region.
(2)Approval.--The Secretary may also approve regional
conservation activities under this subsection to facilitate
vegetative manipulation of climax pinion juniper rangeland,
restoration of erosion drainage areas and riparian areas in
cooperation with local Water Conservation Districts.
______

SA 3767. Mr. NELSON of Florida (for himself, Mr. Martinez, and Mr.
Menendez) 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 234, between lines 12 and 13, insert the following:

SEC. 1815. FUNDS FOR PROMOTION OF ORANGE JUICE.

(a) In General.--Notwithstanding any other provision of
law, the Secretary of the Treasury shall, not later than
December 31, 2007, and each year thereafter, transfer to the
Department of Citrus of the State of Florida an amount equal
to 30 percent of the amounts received in the general fund of
the Treasury of the United States during the preceding fiscal
year that are attributable to the duties collected on
articles described in subsection (b).
(b) Articles Described.--The articles described in this
subsection are articles classifiable under subheadings
2009.11.00 through 2009.19.00 of the Harmonized Tariff
Schedule of the United States, that are entered, or withdrawn
from warehouse, for consumption.
(c) Use of Amounts Transferred.--The amounts transferred
pursuant to this section shall be used by the State of
Florida for research and promotion activities related to
orange juice.
______

SA 3768. 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:

Beginning on page 1472, line 1, strike all through page
1480, line 3, and insert the following:

PART II--ALCOHOL AND OTHER FUELS

SEC. 12311. EXPANSION OF SPECIAL ALLOWANCE TO CELLULOSIC
BIOFUEL PLANT PROPERTY.

(a) In General.--Paragraph (3) of section 168(l) (relating
to special allowance for cellulosic biomass ethanol plant
property) is amended to read as follows:
``(3) Cellulosic biofuel.--For purposes of this subsection,
the term `cellulosic biofuel' means any liquid transportation
fuel derived from any lignocellulosic or hemicellulosic
matter (other than food starch) that is available on a
renewable or recurring basis.''.
(b) Conforming Amendments.--
(1) Subsection (l) of section 168 is amended by striking
``cellulosic biomass ethanol'' each place it appears and
inserting ``cellulosic biofuel''.
(2) The heading of section 168(l) is amended by striking
``Cellulosic Biomass Ethanol'' and inserting ``Cellulosic
Biofuel''.
(3) The heading of paragraph (2) of section 168(l) is
amended by striking ``cellulosic biomass ethanol'' and
inserting ``cellulosic biofuel''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act, in taxable years ending after such
date.

SEC. 12312. CREDIT FOR PRODUCTION OF CELLULOSIC BIOFUEL.

(a) In General.--Subpart B of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:

``SEC. 30D. CELLULOSIC BIOFUEL PRODUCTION.

``(a) General Rule.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
an amount equal to $1.28 for each gallon of qualified
cellulosic biofuel production.
``(b) Qualified Cellulosic Biofuel Production.--For
purposes of this section, the term `qualified cellulosic
biofuel production' means any cellulosic biofuel which is
produced in the United States by the taxpayer and which
during the taxable year--
``(1) is sold by the taxpayer to another person--
``(A) for use by such other person in the production of a
qualified cellulosic biofuel mixture in such other person's
trade or business (other than casual off-farm production),
``(B) for use by such other person as a fuel in a trade or
business, or
``(C) who sells such cellulosic biofuel at retail to
another person and places such cellulosic biofuel in the fuel
tank of such other person, or
``(2) is used or sold by the taxpayer for any purpose
described in paragraph (1).
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Cellulosic biofuel.--The term `cellulosic biofuel'
means any liquid transportation fuel derived from any
lignocellulosic or hemicellulosic mater (other than food
starch) that is available on a renewable or recurring basis.
``(2) Qualified cellulosic biofuel mixture.--The term
`qualified cellulosic biofuel mixture' means a mixture of
cellulosic biofuel and any petroleum fuel product which--
``(A) is sold by the person producing such mixture to any
person for use as a fuel, or
``(B) is used as a fuel by the person producing such
mixture.
``(3) Additional distillation excluded.--The qualified
cellulosic biofuel production of any taxpayer for any taxable
year shall not include any alcohol which is purchased by the
taxpayer and with respect to which such producer increases
the proof of the alcohol by additional distillation.
``(4) United states production only.--No credit shall be
determined under subsection

[[Page S14559]]

(a) with respect to any biofuel unless such biofuel is
produced in the United States.
``(5) Cellulosic biofuel not used as a fuel.--If any credit
is allowed under subsection (a) and any person does not use
such cellulosic biofuel for a purpose described in subsection
(b), then there is hereby imposed on such person a tax equal
to $1.28 for each gallon of such cellulosic biofuel.
``(6) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(7) Allocation of credit to patrons of cooperative.--
Rules similar to the rules under section 40(g)(6) shall apply
for purposes of this section.
``(8) Denial of double benefit.--No credit shall be allowed
under this section to any taxpayer with respect to any
cellulosic biofuel if a credit or payment is allowed with
respect to such fuel to such taxpayer under section 40, 40A,
6426, or 6427(e).
``(d) Limitation Based on Amount of Tax.--The credit
allowed under subsection (a) for any taxable year shall not
exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under subpart A and
sections 27, 30, 30B, and 30C.
``(e) Carryforward and Carryback of Unused Credit.--
``(1) In general.--If the credit allowable under subsection
(a) exceeds the limitation imposed by subsection (d) for such
taxable year (hereinafter in this section referred to as the
`unused credit year') reduced by the sum of the credits
allowable under subpart A, such excess shall be--
``(A) carried back to the taxable year preceding the unused
credit year, and
``(B) carried forward to each of the 20 taxable years
following the unused credit year.
``(2) Transition rule.--The credit under subsection (a) may
not be carried to a taxable year beginning before January 1,
2008.
``(f) Application of Section.--This section shall apply
with respect to qualified cellulosic biofuel production--
``(1) after December 31, 2007, and
``(2) before the later of--
``(A) the date on which the Secretary of Energy certifies
that 1,000,000,000 gallons of cellulosic biofuels have been
produced in the United States after December 31, 2007, and
``(B) April 1, 2015.''.
(b) Deduction Allowed for Unused Credit.--Section 196(c) is
amended by adding at the end the following new subsection:
``(d) Deduction Allowed for Cellulosic Biofuel Production
Credit.--
``(1) In general.--If any portion of the credit allowed
under section 30D for any taxable year has not, after the
application of section 30D(d), been allowed to the taxpayer
as a credit under such section for any taxable year, an
amount equal to such credit not so allowed shall be allowed
to the taxpayer as a deduction for the first taxable year
following the last taxable year for which such credit could,
under section 30D(e), have been allowed as a credit.
``(2) Taxpayer's dying or ceasing to exist.--If a taxpayer
dies or ceases to exist before the first taxable year
following the last taxable year for which the credit could,
under section 30D(e), have been allowed as a credit, the
amount described in paragraph (1) (or the proper portion
thereof) shall, under regulations prescribed by the
Secretary, be allowed to the taxpayer as a deduction for the
taxable year in which such death or cessation occurs.''.
(c) Conforming Amendments.--
(1)(A) Section 87 is amended by striking ``and'' at the end
of paragraph (1), by striking the period at the end of
paragraph (2) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(3) the cellulosic biofuel production credit determined
with respect to the taxpayer under section 30D(a).''.
(B) The heading of section 87 of such Code is amended by
striking ``AND BIODIESEL FUELS CREDITS'' and inserting ``,
BIODIESEL FUELS, and CELLULOSIC BIOFUELS CREDITS''.
(C) The item relating to section 87 is the table of
sections for part II of subchapter B of chapter 1 of such
Code is amended by striking ``and biodiesel fuels credits''
and inserting ``, biodiesel fuels, and cellulosic biofuels
credits''.
(2) The table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 40A the following new item:

``Sec. 30D. Cellulosic biofuel production.''.

(d) Effective Date.--The amendments made by this section
shall apply to fuel produced after December 31, 2007.
______

SA 3769. Mr. CRAPO (for himself, Mr. Bingaman, and Mr. Domenici)
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 334, strike lines 23 through 25 and insert the
following:
described in clauses (i) and (ii).'';
(2) in subsection (c), by striking ``2007 calendar'' and
inserting ``2012 fiscal''; and
(3) in subsection (d)--
(A) in paragraph (2), by striking ``or'' at the end; and
(B) by striking paragraph (3) and inserting the following:
``(3) a riparian area; or
``(4) a riparian area and an adjacent area that links the
riparian area to other parcels of wetland that are protected
by wetlands reserve agreements or some other device or
circumstance that achieves the same purpose as a wetlands
reserve agreement.''.
______

SA 3770. Mr. CRAPO (for himself, Mr. Bingaman, and Mr. Domenici)
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 334, strike lines 23 through 25 and insert the
following:
described in clauses (i) and (ii).'';
(2) in subsection (c), by striking ``2007 calendar'' and
inserting ``2012 fiscal''; and
(3) in subsection (d)--
(A) in paragraph (2), by striking ``or'' at the end; and
(B) by striking paragraph (3) and inserting the following:
``(3) a riparian area; or
``(4) a riparian area and an adjacent area that links the
riparian area to other parcels of wetland that are protected
by wetlands reserve agreements or some other device or
circumstance that achieves the same purpose as a wetlands
reserve agreement.''.
______

SA 3771. Mr. BOND 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._. AGRICULTURAL REGULATORY FLEXIBILITY

Chapter 55 of title 7 is amended by adding following:

``Sec. 2301 DEFINITIONS

For purposes of this chapter--
``(1) the term ``agency'' means an agency as defined in
section 551(1) of title 5;
``(2) the term ``agricultural entity'' means any person or
entity that has income derived from farming, ranching or
forestry operations, the production of crops, livestock, or
unfinished raw forestry products; the sale, including the
sale of easements and development rights, of farm, ranch, or
forestry and or water or hunting rights; the sale of
equipment to conduct farm ranch, or forestry operations; the
rental or lease of land used for farming, ranching, or
forestry operations, including water or hunting rights; the
provision of production inputs and services to farmers,
ranchers, and foresters; the processing (including packing),
storing (including shedding), and transporting of farm,
ranch, and forestry commodities; the sale of land that has
been used for agriculture; and payments or other income
attributable to benefits received under any program
authorized under title I or II of the Food and Energy
Security Act of 2007;
``(3) the term ``rule'' means any rule for which the agency
publishes a general notice of proposed rulemaking pursuant to
section 553(b) of title 5, or any other law, including any
rule of general applicability governing Federal grants to
State and local governments for which the agency provides an
opportunity for notice and public comment, except that the
term ``rule'' does not include a rule of particular
applicability relating to rates, wages, corporate or
financial structures or reorganizations thereof, prices,
facilities, appliances, services, or allowances therefore or
to valuations, costs or accounting, or practices relating to
such rates, wages, structures, prices, appliances, services,
or allowances;
``(4) the term ``collection of information''--
``(A) means the obtaining, causing to be obtained,
soliciting, or requiring the disclosure to third parties or
the public, of facts or opinions by or for an agency,
regardless of form or format, calling for either--
``(i) answers to identical questions posed to, or identical
reporting or recordkeeping requirements imposed on, 10 or
more persons, other than agencies, instrumentalities, or
employees of the United States; or
``(ii) answers to questions posed to agencies,
instrumentalities, or employees of the United States which
are to be used for general statistical purposes; and
``(B) shall not include a collection of information
described under section 3518(c)(1) of title 44, United States
Code.
``(5) Recordkeeping requirement.--The term ``recordkeeping
requirement'' means a requirement imposed by an agency on
persons to maintain specified records.

``Sec. 2302. Agricultural regulatory flexibility agenda

``(a) During the months of October and April of each year,
each agency shall publish in the Federal Register an
agricultural regulatory flexibility agenda which shall
contain--
``(1) a brief description of the subject area of any rule
which the agency expects to propose or promulgate which is
likely to have a significant economic impact on a substantial
number of agricultural entities;
``(2) a summary of the nature of any such rule under
consideration for each subject area listed in the agenda
pursuant to paragraph (1), the objectives and legal basis for

[[Page S14560]]

the issuance of the rule, and an approximate schedule for
completing action on any rule for which the agency has issued
a general notice of proposed rulemaking, and;
``(3) the name and telephone number of an agency official
knowledgeable concerning the items listed in paragraph (1).
``(b) Each agricultural regulatory flexibility agenda shall
be transmitted to the Chief Counsel for Advocacy of the
Department of Agriculture for comment, if any.
``(c) Each agency shall endeavor to provide notice of each
agricultural regulatory flexibility agenda to agricultural
entities or their representatives through direct notification
or publication of the agenda in publications likely to be
obtained by such agricultural entities and shall invite
comments upon each subject area on the agenda.
``(d) Nothing in this section precludes an agency from
considering or acting on any matter not included in an
agricultural regulatory flexibility agenda, or requires an
agency to consider or act on any .matter listed in such
agenda.

``Sec. 2303. Initial agricultural regulatory flexibility
analysis

``(a) Whenever an agency is required by section 553 of
title 5, or any other law, to publish general notice of
proposed rulemaking for any proposed rule, or publishes a
notice of proposed rulemaking for an interpretative rule
involving the internal revenue laws of the United States, the
agency shall prepare and make available for public comment an
initial agricultural regulatory flexibility analysis. Such
analysis shall describe the impact of the proposed rule on
agricultural entities. The initial agricultural regulatory
flexibility analysis or a summary shall be published in the
Federal Register at the time of the publication of general
notice of proposed rulemaking for the rule. The agency shall
transmit a copy of the initial agricultural regulatory
flexibility analysis to the Chief Counsel for Advocacy of the
Department of Agriculture. In the case of an interpretative
rule involving the internal revenue laws of the United
States, this chapter applies to interpretative rules
published in the Federal Register for codification in the
Code of Federal Regulations, but only to the extent that such
interpretative rules impose on agricultural entities a
collection of information requirement.
``(b) Each initial agricultural regulatory flexibility
analysis required under this section shall contain--
``(1) a description of the reasons why action by the agency
is being considered;
``(2) a succinct statement of the objectives of, and legal
basis for, the proposed rule;
``(3) a description of and, where feasible, an estimate of
the number of agricultural entities to which the proposed
rule will apply;
``(4) a description of the projected reporting,
recordkeeping and other compliance requirements of the
proposed rule, including an estimate of the classes of
agricultural entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record;
``(5) an identification, to the extent practicable, of all
relevant Federal rules which may duplicate, overlap or
conflict with the proposed rule.
``(c) Each initial agricultural regulatory flexibility
analysis shall also contain a description of any significant
alternatives to the proposed rule which accomplish the stated
objectives of applicable statutes and which minimize any
significant economic impact of the proposed rule on
agricultural entities. Consistent with the stated objectives
of applicable statutes, the analysis shall discuss
significant alternatives such as--
``(1) the establishment of differing compliance or
reporting requirements or timetables that take into account
the resources available to agricultural entities;
``(2) the clarification, consolidation, or simplification
of compliance and reporting requirements under the rule for
such agricultural entities;
``(3) the use of performance rather than design standards;
and
``(4) an exemption from coverage of the rule, or any part
thereof, for such agricultural entities.

``Sec. 2304. Final agricultural regulatory flexibility
analysis

``(a) When an agency promulgates a final rule under section
553 of title 5, after being required by that section or any
other law to publish a general notice of proposed rulemaking,
or promulgates a final interpretative rule involving the
internal revenue laws of the United States as described in
section 103(a), the agency shall prepare a final agricultural
regulatory flexibility analysis. Each final agricultural
regulatory flexibility analysis shall contain--
``(1) a succinct statement of the need for, and objectives
of, the rule;
``(2) a summary of the significant issues raised by the
public comments in response to the initial agricultural
regulatory flexibility analysis, a summary of the assessment
of the agency of such issues, and a statement of any changes
made in the proposed rule as a result of such comments;
``(3) a description of and an estimate of the number of
agricultural entities to which the rule will apply or an
explanation of why no such estimate is available;
``(4) a description of the projected reporting,
recordkeeping and other compliance requirements of the rule,
including an estimate of the classes of agricultural entities
which will be subject to the requirement and the type of
professional skills necessary for preparation of the report
or record; and
``(5) a description of the steps the agency has taken to
minimize the significant economic impact on agricultural
entities consistent with the stated objectives of applicable
statutes, including a statement of the factual, policy, and
legal reasons for selecting the alternative adopted in the
final rule and why each one of the other significant
alternatives to the rule considered by the agency which
affect the impact on agricultural entities was rejected.
``(b) The agency shall make copies of the final
agricultural regulatory flexibility analysis available to
members of the public and shall publish in the Federal
Register such analysis or a summary thereof.

``Sec. 2305. Avoidance of duplicative or unnecessary analysis

``(a) Any Federal agency may perform the analyses required
by sections 102, 103, and 104 of this chapter in conjunction
with or as a part of any other agenda or analysis required by
any other law if such other analysis satisfies the provisions
of such sections.
``(b) Sections 103 and 104 of this chapter shall not apply
to any proposed or final rule if the head of the agency
certifies that the rule will not, if promulgated, have a
significant economic impact on a substantial number of
agricultural entities. If the head of the agency makes a
certification under the preceding sentence, the agency shall
publish such certification in the Federal Register at the
time of publication of general notice of proposed rulemaking
for the rule or at the time of publication of the final rule,
along with a statement providing the factual basis for such
certification. The agency shall provide such certification
and statement to the Chief Counsel for Advocacy of the
Department of Agriculture.
``(c) In order to avoid duplicative action, an agency may
consider a series of closely related rules as one rule for
the purposes of sections 102, 103, 104 and 110 of this
chapter.

``Sec.  2306. Effect on other law

The requirements of sections 103 and 104 of this chapter do
not alter in any manner standards otherwise applicable by law
to agency action.

``Sec.  2307. Preparation of analyses

``In complying with the provisions of sections 103 and 104
of this chapter, an agency may provide either a quantifiable
or numerical description of the effects of a proposed rule or
alternatives to the proposed rule, or more general
descriptive statements if quantification is not practicable
or reliable.

``Sec.  2308. Procedure for waiver or delay of completion

``(a) An agency head may waive or delay the completion of
some or all of the requirements of section 103 of this
chapter by publishing in the Federal Register, not later than
the date of publication of the final rule, a written finding,
with reasons therefore, that the final rule is being
promulgated in response to an emergency that makes compliance
or timely compliance with the provisions of section 103 of
this chapter impracticable.
``(b) Except as provided in section 105(b), an agency head
may not waive the requirements of section 104 of this
chapter. An agency head may delay the completion of the
requirements of section 104 of this chapter for a period of
not more than one hundred and eighty days after the date of
publication in the Federal Register of a final rule by
publishing in the Federal Register, not later than such date
of publication, a written finding, with reasons therefore,
that the final rule is being promulgated in response to an
emergency that makes timely compliance with the provisions of
section 104 of this chapter impracticable. If the agency has
not prepared a final agricultural regulatory analysis
pursuant to section 104 of this chapter within one hundred
and eighty days from the date of publication of the final
rule, such rule shall lapse and have no effect. Such rule
shall not be repromulgated until a final regulatory
flexibility analysis has been completed by the agency.

``Sec.  2309. Procedures for gathering comments

``(a) When any rule is promulgated which will have a
significant economic impact on a substantial number of
agricultural entities, the head of the agency promulgating
the rule or the official of the agency with statutory
responsibility for the promulgation of the rule shall assure
that agricultural entities have been given an opportunity to
participate in the rulemaking for the rule through the
rational use of techniques such as--
``(1) the inclusion in an advanced notice of proposed
rulemaking, if issued, of a statement that the proposed rule
may have a significant economic effect on a substantial
number of agricultural entities;
``(2) the publication of general notice of proposed
rulemaking in publications likely to be obtained by
agricultural entities;
``(3) the direct notification of interested agricultural
entities;
``(4) the conduct of open conferences or public hearings
concerning the rule for agricultural entities including
soliciting and receiving comments over computer networks; and
``(5) the adoption or modification of agency procedural
rules to reduce the cost or complexity of participation in
the rulemaking by agricultural entities.
``(b) Prior to publication of an initial agricultural
regulatory flexibility analysis which a covered agency is
required to conduct by this chapter--

[[Page S14561]]

``(1) a covered agency shall notify the Chief Counsel for
Advocacy of the Department of Agriculture and provide the
Chief Counsel with information on the potential impacts of
the proposed rule on agricultural entities that might be
affected;
``(2) not later than 15 days after the date of receipt of
the materials described in paragraph (1), the Chief Counsel
shall identify individuals representative of affected
agricultural entities for the purpose of obtaining advice and
recommendations from those individuals about the potential
impacts of the proposed rule;
``(3) the agency shall convene a review panel for such rule
consisting wholly of full time Federal employees of the
office within the agency responsible for carrying out the
proposed rule, the Office of Information and Regulatory
Affairs within the Office of Management and Budget, and the
Chief Counsel;
``(4) the panel shall review any material the agency has
prepared in connection with this chapter, including any draft
proposed rule, collect advice and recommendations of each
individual agricultural entity representative identified by
the agency after consultation with the Chief Counsel, on
issues related to subsections 103(b), paragraphs (3), (4) and
(5) and 103(c);
``(5) not later than 60 days after the date a covered
agency convenes a review panel pursuant to paragraph (3), the
review panel shall report on the comments of the agricultural
entity representatives and its findings as to issues related
to subsections 103(b), paragraphs (3), (4) and (5) and
103(c), provided that such report shall be made public as
part of the rulemaking record; and
``(6) where appropriate, the agency shall modify the
proposed rule, the initial agricultural flexibility analysis
or the decision on whether an initial flexibility analysis is
required.
``(c) An agency may in its discretion apply subsection (b)
to rules that the agency intends to certify under subsection
105(b), but the agency believes may have a greater than de
minimis impact on a substantial number of agricultural
entities.
``(d) For purposes of this section, the term ``covered
agency'' means the Environmental Protection Agency and the
Department of the Interior and its agencies.
``(e) The Chief Counsel for Advocacy, in consultation with
the individuals identified in subsection (b)(2), and with the
Administrator of the Office of Information and Regulatory
Affairs within the Office of Management and Budget, may waive
the requirements of subsections (b)(3), (b)(4), and (b)(5) by
including in the rulemaking record a written finding, with
reasons therefor, that those requirements would not advance
the effective participation of agricultural entities in the
rulemaking process. For purposes of this subsection, the
factors to be considered in making such a finding are as
follows:
``(1) In developing a proposed rule, the extent to which
the covered agency consulted with individuals representative
of affected agricultural entities with respect to the
potential impacts of the rule and took such concerns into
consideration.
``(2) Special circumstances requiring prompt issuance of
the rule.
``(3) Whether the requirements of subsection (b) would
provide the individuals identified in subsection (b)(2) with
a competitive advantage relative to other agricultural
entities.

``Sec. 2310. Periodic review of rules

``(a) Within one hundred and eighty days after the
effective date of this chapter, each agency shall publish in
the Federal Register a plan for the periodic review of the
rules issued by the agency which have or will have a
significant economic impact upon a substantial number of
agricultural entities. Such plan may be amended by the agency
at any time by publishing the revision in the Federal
Register. The purpose of the review shall be to determine
whether such rules should be continued without change, or
should be amended or rescinded, consistent with the stated
objectives of applicable statutes, to minimize any
significant economic impact of the rules upon a substantial
number of such agricultural entities. The plan shall provide
for the review of all such agency rules existing on the
effective date of this chapter within ten years of that date
and for the review of such rules adopted after the effective
date of this chapter within ten years of the publication of
such rules as the final rule. If the head of the agency
determines that completion of the review of existing rules is
not feasible by the established date, he shall so certify in
a statement published in the Federal Register and may extend
the completion date by one year at a time for a total of not
more than five years.
``(b) In reviewing rules to minimize any significant
economic impact of the rule on a substantial number of
agricultural entities in a manner consistent with the stated
objectives of applicable statutes, the agency shall consider
the following factors--
``(1) the continued need for the rule;
``(2) the nature of complaints or comments received
concerning the rule from the public;
``(3) the complexity of the rule;
``(4) the extent to which the rule overlaps, duplicates or
conflicts with other Federal rules, and, to the extent
feasible, with State and local governmental rules; and
``(5) the length of time since the rule has been evaluated
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule.
``(c) Each year, each agency shall publish in the Federal
Register a list of the rules which have a significant
economic impact on a substantial number of agricultural
entities, which are to be reviewed pursuant to this section
during the succeeding twelve months. The list shall include a
brief description of each rule and the need for and legal
basis of such rule and shall invite public comment upon the
rule.

``Sec. 2311. Judicial review

``(a)(1) For any rule subject to this chapter, an
agricultural entity that is adversely affected or aggrieved
by final agency action is entitled to judicial review of
agency compliance with the requirements of sections 101, 104,
105(b), 108(b), and 110 in accordance with chapter 7 of title
5. Agency compliance with sections 107 and 109(a) shall be
judicially reviewable in connection with judicial review of
section 104.
``(2) Each court having jurisdiction to review such rule
for compliance with section 553, or under any other provision
of law, shall have jurisdiction to review any claims of
noncompliance with sections 101, 104, 105(b), 108(b) and 110
in accordance with chapter 7. Agency compliance with sections
107 and 109(a) shall be judicially reviewable in connection
with judicial review of section 104.
``(3)(A) An agricultural entity may seek such review during
the period beginning on the date of final agency action and
ending one year later, except that where a provision of law
requires that an action challenging a final agency action be
commenced before the expiration of one year, such lesser
period shall apply to an action for judicial review under
this section.
``(B) In the case where an agency delays the issuance of a
final agricultural flexibility analysis pursuant to section
108(b) of this chapter, an action for judicial review under
this section shall be filed not later than--
``(i) one year after the date the analysis is made
available to the public, or
``(ii) where a provision of law requires that an action
challenging a final agency regulation be commenced before the
expiration of the 1-year period, the number of days specified
in such provision of law that is after the date the analysis
is made available to the public.
`(4) In granting any relief in an action under this
section, the court shall order the agency to take corrective
action consistent with this chapter and chapter 7 of title 5,
including, but not limited to--
``(A) remanding the rule to the agency, and
``(B) deferring the enforcement of the rule against
agricultural entities unless the court finds that continued
enforcement of the rule is in the public interest.
``(5) Nothing in this subsection shall be construed to
limit the authority of any court to stay the effective date
of any rule or provision thereof under any other provision of
law or to grant any other relief in addition to the
requirements of this section.
``(b) In an action for the judicial review of a rule, the
agricultural flexibility analysis for such rule, including an
analysis prepared or corrected pursuant to paragraph (a)(4),
shall constitute part of the entire record of agency action
in connection with such review.
``(c) Compliance or noncompliance by an agency with the
provisions of this chapter shall be subject to judicial
review only in accordance with this section.
``(d) Nothing in this section bars judicial review of any
other impact statement or similar analysis required by any
other law if judicial review of such statement or analysis is
otherwise permitted by law.

``Sec. 2312. Reports and intervention rights

``(a) The Chief Counsel for Advocacy of the Department of
Agriculture shall monitor agency compliance with this chapter
and shall report at least annually thereon to the President
and to the House Committee on Agriculture and the Senate
Committee on Agriculture, Nutrition and Forestry.
``(b) The Chief Counsel for Advocacy of the Department of
Agriculture is authorized to appear as amicus curiae in any
action brought in a court of the United States to review a
rule. In any such action, the Chief Counsel is authorized to
present his or her views with respect to compliance with this
chapter, the adequacy of the rulemaking record with respect
to agricultural entities and the effect of the rule on
agricultural entities.
``(c) A court of the United States shall grant the
application of the Chief
Counsel for Advocacy of the Department of Agriculture to
appear in any such action for the purposes described in
subsection (b).

``Sec. 2313. Creation of USDA Office of Advocacy within
Department of Agriculture; Chief Counsel for Agricultural
Advocacy

There is established within the Department of Agriculture a
USDA Office of Advocacy. The management of the Office shall
be vested in a Chief Counsel for Advocacy who shall be
appointed from civilian life by the President, by and with
the advice and consent of the Senate.

``Sec. 2314. Primary functions of USDA Office of Advocacy

The primary functions of the USDA Office of Advocacy shall
be to--
``(1) measure the direct costs and other effects of
government regulation on agricultural entities; and make
legislative and nonlegislative proposals for eliminating
excessive or unnecessary regulations of agricultural
entities;

[[Page S14562]]

``(2) study the ability of financial markets and
institutions to meet agricultural entity credit needs and
determine the impact of government demands for credit on
agricultural entities;
``(3) recommend specific measures for creating an
environment in which all agricultural entities will have the
opportunity to compete effectively and expand to their full
potential, and to ascertain the common reasons, if any, for
agricultural entity successes and failures;
``(4) evaluate the efforts of each department and agency of
the United States, and of private industry, to assist
agricultural entities owned and controlled by veterans, and
agricultural entities concerns owned and controlled by
serviced-disabled veterans and to provide statistical
information on the utilization of such programs by such
agricultural entities, and to make appropriate
recommendations to the Secretary of Agriculture and to the
Congress in order to promote the establishment and growth of
those agricultural entities.

``Sec. 2315. Additional duties of USDA Office of Advocacy

The USDA Office of Advocacy shall also perform the
following duties on a continuing basis:
``(1) serve as a focal point for the receipt of complaints,
criticisms, and suggestions concerning the policies and
activities of the Administration and any other Federal agency
which affects agricultural entities;
``(2) counsel agricultural entities on how to resolve
questions and problems concerning the relationship of the
agricultural entity to the Federal Government;
``(3) develop proposals for changes in the policies and
activities of any agency of the Federal Government which will
better fulfill the purposes of agricultural entities and
communicate such proposals to the appropriate Federal
agencies;
``(4) represent the views and interests of agricultural
entities before other Federal agencies whose policies and
activities may affect agricultural entities; and
``(5) enlist the cooperation and assistance of public and
private agencies, businesses, and other organizations in
disseminating information about the programs and services
provided by the Federal Government which are of benefit to
agricultural entities, and information on how agricultural
entities can participate in or make use of such programs and
services.
______

SA 3772. Mr. HARKIN (for himself, Mr. Smith, Mr. Bingaman, Mrs.
Boxer, Mr. Domenici, Mr. Cardin, Mr. Allard, Mr. Sessions, and Mr.
Nelson of Florida) 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:

Beginning on page 461, strike line 24 and all that follows
through page 474, line 25, and insert the following:
``(f) Partnerships and Cooperation.--
``(1) In general.--In carrying out each program under
subtitle D (excluding the wetlands reserve program and the
conservation reserve program), the Secretary may designate
special projects to enhance assistance provided to multiple
producers to address conservation issues relating to
agricultural and nonindustrial private forest management and
production, if recommended by the applicable State
Conservationist, in consultation with the State technical
committee.
``(2) Purposes.--The purposes of special projects carried
out under this subsection shall be to achieve local,
statewide, or regional conservation objectives by--
``(A) encouraging producers to cooperate in the
installation and maintenance of conservation practices that
affect multiple agricultural operations;
``(B) encouraging producers to cooperate in meeting
applicable Federal, State, and local regulatory requirements
regarding natural resources and the environment;
``(C) encouraging producers to share information and
technical and financial resources;
``(D) facilitating cumulative conservation benefits in
geographic areas;
``(E) promoting the development and demonstration of
innovative conservation methods; and
``(F) seeking opportunities to simultaneously advance--
``(i) the conservation of natural resources; and
``(ii) the community development and economic conditions of
agricultural areas.
``(3) Eligible partners.--State and local government
entities (including irrigation and water districts and canal
companies), Indian tribes, farmer cooperatives, institutions
of higher education, nongovernmental organizations, and
producer associations shall be eligible to apply under this
subsection.
``(4) Special project application.--To apply for
designation as a special project under paragraph (1),
partners shall submit an application to the Secretary that
includes--
``(A) a description of the geographic area, the current
conditions, the conservation objectives to be achieved
through the special project, and the expected level of
participation by agricultural and nonindustrial private
forest landowners;
``(B) a description of the partners collaborating to
achieve the project objectives and the roles,
responsibilities, and capabilities of the partners;
``(C) a description of the program resources from 1 or more
programs under subtitle D that are requested from the
Secretary, in relevant units, and the non-Federal resources
that will be leveraged by the Federal contribution;
``(D) a description of--
``(i) any proposed program adjustment described in
paragraph (5)(D)(ii); and
``(ii) the means by which each proposed program adjustment
will accelerate the achievement of environmental benefits;
``(E) a description of the plan for monitoring, evaluating,
and reporting on any progress made towards achieving the
purposes of the special project; and
``(F) such other information as the Secretary considers
necessary.
``(5) Duties of the secretary.--
``(A) In general.--The Secretary shall enter into multiyear
agreements with partners to facilitate the delivery of
conservation program resources in a manner to achieve the
purposes described in paragraph (2).
``(B) Project selection.--
``(i) In general.--The Secretary shall conduct a
competitive process to select projects funded under this
subsection.
``(ii) Factors considered.--In conducting the process
described in clause (i), the Secretary shall make public
factors to be considered in evaluating applications.
``(iii) Priority.--The Secretary may give priority to
applications based on--

``(I) the highest percentage of producers involved, and the
inclusion of the highest percentage of working agricultural
land in the area;
``(II) the highest percentage of on-the-ground conservation
to be implemented;
``(III) non-Federal resources to be leveraged;
``(IV) cost-effectiveness;
``(V) the highest likelihood of achieving project goals and
objectives;
``(VI) innovation in conservation methods and delivery,
including outcome-based performance measures and methods;
``(VII) innovation in linking conservation and community
development objectives; and
``(VIII) other factors, as determined by the Secretary.

``(C) Technical and financial assistance.--The Secretary
and partners shall provide appropriate technical and
financial assistance to producers participating in a special
project in an amount determined by the Secretary to be
necessary to achieve the purposes described in paragraph (2).
``(D) Administration.--
``(i) In general.--The Secretary shall ensure that
resources made available under this subsection are delivered
in accordance with applicable program rules relating to basic
program functions, including appeals, payment limitations,
and conservation compliance.
``(ii) Flexibility.--The Secretary may adjust elements of
the programs under this title to better reflect unique local
circumstances and purposes, if the Secretary determines that
such adjustments are necessary to achieve the purposes of
this subsection.
``(iii) Additional requirements.--The Secretary may
establish additional requirements beyond applicable program
rules in order to effectively implement this subsection.
``(6) Special rules applicable to regional water
enhancement projects.--
``(A) Definitions.--In this paragraph:
``(i) Eligible partner.--The term `eligible partner'
means--

``(I) an eligible partner identified in paragraph (3); and
``(II) a water or wastewater agency of a State.

``(ii) Eligible project.--

``(I) In general.--The term `eligible project' means a
project that is specifically targeted to improve water
quality or quantity in an area.
``(II) Inclusions.--The term `eligible project' includes a
project that involves--

``(aa) resource condition assessment and modeling;
``(bb) water quality, water quantity, or water conservation
plan development;
``(cc) management system and environmental monitoring and
evaluation;
``(dd) cost-share restoration or enhancement;
``(ee) incentive payments for land management practices;
``(ff) easement purchases;
``(gg) conservation contracts with landowners;
``(hh) improved irrigation systems;
``(ii) water banking and other forms of water transactions;
``(jj) groundwater recharge;
``(kk) stormwater capture; and
``(ll) other water-related activities that the Secretary
determines will help to achieve the water quality or water
quantity benefits identified in the agreement in subparagraph
(E) on land described in paragraph (1).
``(B) Regional water enhancement procedures.--With respect
to proposals for eligible projects by eligible partners, the
Secretary shall establish specific procedures (to be known
collectively as `regional water enhancement procedures') in
accordance with this paragraph.
``(C) Means.--Regional water enhancement activities in a
particular region shall be carried out through a combination
of--

[[Page S14563]]

``(i) multiyear agreements between the Secretary and
eligible partners;
``(ii) other regional water enhancement activities carried
out by the Secretary; and
``(iii) regional water enhancement activities carried out
by eligible partners through other means.
``(D) Multiyear agreements with eligible partners.--
``(i) Solicitation of proposals.--Not later than 90 days
after the date of enactment of this subsection, the Secretary
shall invite prospective eligible partners to submit
proposals for regional water enhancement projects.
``(ii) Elements of proposals.--To be eligible for
consideration for participation in the program, a proposal
submitted by an eligible partner shall include--

``(I) identification of the exact geographic area for which
the partnership is proposed, which may be based on--

``(aa) a watershed (or portion of a watershed);
``(bb) an irrigation, water, or drainage district;
``(cc) the service area of an irrigation water delivery
entity; or
``(dd) some other geographic area with characteristics that
make the area suitable for landscape-wide program
implementation;

``(II) identification of the water quality or water
quantity issues that are of concern in the area;
``(III) a method for determining a baseline assessment of
water quality, water quantity, and other related resource
conditions in the region;
``(IV) a detailed description of the proposed water quality
or water quantity improvement activities to be undertaken in
the area, including an estimated timeline and program
resources for every activity; and
``(V) a description of the performance measures to be used
to gauge the effectiveness of the water quality or water
quantity improvement activities.

``(iii) Selection of proposals.--The Secretary shall award
multiyear agreements competitively, with priority given, as
determined by the Secretary, to selecting proposals that--

``(I) have the highest likelihood of improving the water
quality or quantity issues of concern for the area;
``(II) involve multiple stakeholders and will ensure the
highest level of participation by producers and landowners in
the area through performance incentives to encourage adoption
of specific practices in specific locations;
``(III) will result in the inclusion of the highest
percentage of working agricultural land in the area;
``(IV) will result in the highest percentage of on-the-
ground activities as compared to administrative costs;
``(V) will provide the greatest contribution to sustaining
or enhancing agricultural or silvicultural production in the
area; and
``(VI) include performance measures that will allow post-
activity conditions to be satisfactorily measured to gauge
overall effectiveness.

``(iv) Identification of water quality and water quantity
priority areas.--

``(I) In general.--Subject to subclause (II), the Secretary
shall identify areas in which protecting or improving water
quality or water quantity is a priority.
``(II) Mandatory inclusions.--The Secretary shall include
in any identification of areas under subclause (I)--

``(aa) the Chesapeake Bay;
``(bb) the Upper Mississippi River basin;
``(cc) the greater Everglades ecosystem;
``(dd) the Klamath River basin;
``(ee) the Sacramento/San Joaquin River watershed;
``(ff) the Mobile River basin;
``(gg) the Puget Sound; and
``(hh) the Ogallala Aquifer.

``(III) Funding.--The Secretary shall reserve for use in
areas identified under this clause not more than 50 percent
of amounts made available for regional water enhancement
activities under this paragraph.

``(E) Agreements.--Not later than 30 days after the date on
which the Secretary awards an agreement under subparagraph
(D), the Secretary shall enter into an agreement with the
eligible partner that, at a minimum, contains--
``(i) a description of the respective duties and
responsibilities of the Secretary and the eligible partner in
carrying out the activities in the area; and
``(ii) the criteria that the Secretary will use to evaluate
the overall effectiveness of the regional water enhancement
activities funded by the multiyear agreement in improving the
water quality or quantity conditions of the region relative
to the performance measures in the proposal.
``(F) Contracts with other parties.--An agreement awarded
under subparagraph (D) may provide for the use of third-party
providers (including other eligible partners) to undertake
specific regional water enhancement activities in a region on
a contractual basis with the Secretary or the eligible
partner.
``(G) Consultation with other agencies.--With respect to
areas in which a Federal or State agency is, or will be,
undertaking other water quality or quantity-related
activities, the Secretary and the eligible partner may
consult with the Federal or State agency in order to--
``(i) coordinate activities;
``(ii) avoid duplication; and
``(iii) ensure that water quality or quantity improvements
attributable to the other activities are taken into account
in the evaluation of the Secretary under subparagraph
(E)(ii).
``(H) Relationship to other programs.--The Secretary shall
ensure that, to the extent that producers and landowners are
individually participating in other programs under subtitle D
in a region in which a regional water enhancement project is
in effect, any improvements to water quality or water
quantity attributable to the individual participation are
included in the evaluation criteria developed under
subparagraph (E)(ii).
``(I) Consistency with state law.--Any water quality or
water quantity improvement activity undertaken under this
paragraph shall be consistent with State water laws.
``(7) Duration.--
``(A) In general.--Multiyear agreements under this
subsection shall be for a period not to exceed 5 years.
``(B) Early termination.--The Secretary may terminate a
multiyear agreement before the end of the agreement if the
Secretary determines that performance measures are not being
met.
``(8) Funding.--
``(A) Set aside.--
``(i) In general.--Of the funds provided for each of fiscal
years 2008 through 2012 to carry out the conservation
programs in subtitle D (excluding the conservation reserve
program, the conservation security program, the conservation
stewardship program, and the wetlands reserve program), the
Secretary shall reserve 10 percent for use for activities
under this section.
``(ii) Conservation stewardship program.--Of the acres
allocated for the conservation stewardship program for each
of fiscal years 2008 through 2012, the Secretary shall
reserve 10 percent for use for activities under this section.
``(B) State projects.--Of the funds and acres allocated to
each State in each fiscal year by the Secretary to carry out
conservation programs under this subsection, not more than 15
percent may be used by the appropriate State Conservationist
to carry out special projects (excluding regional water
enhancement projects) that are authorized under this
subsection.
``(C) Partners.--Overhead or administrative costs of
partners may not be covered by funds provided through this
subsection.
``(D) Unused funding.--Any funds made available, and any
acres reserved, for a fiscal year under subparagraph (A) that
are not obligated or enrolled by April 1 of the fiscal year
may be used to carry out other activities under conservation
programs under subtitle D during the fiscal year in which the
funding becomes available.''.
______

SA 3773. Mr. KOHL (for himself, Ms. Snowe, and Mr. Leahy) 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, insert the following:

TITLE XIII--HOUSING ASSISTANCE COUNCIL

SEC. 13001. SHORT TITLE.

This title may be cited as the ``Housing Assistance Council
Authorization Act of 2007''.

SEC. 13002. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.

(a) Use.--The Secretary of Housing and Urban Development
may provide financial assistance to the Housing Assistance
Council for use by such Council to develop the ability and
capacity of community-based housing development organizations
to undertake community development and affordable housing
projects and programs in rural areas. Assistance provided by
the Secretary under this section may be used by the Housing
Assistance Council for--
(1) technical assistance, training, support, and advice to
develop the business and administrative capabilities of rural
community-based housing development organizations;
(2) loans, grants, or other financial assistance to rural
community-based housing development organizations to carry
out community development and affordable housing activities
for low- and moderate-income families; and
(3) such other activities as may be determined by the
Housing Assistance Council.
(b) Authorization of Appropriations.--There is authorized
to be appropriated for financial assistance under this
section for the Housing Assistance Council--
(1) $10,000,000 for fiscal year 2008; and
(2) $15,000,000 for each of fiscal years 2009 and 2010.

SEC. 13003. AUDITS AND REPORTS.

(a) Audit.--In any year in which the Housing Assistance
Council receives funds under this title, the Comptroller
General of the United States shall--
(1) audit the financial transactions and activities of such
Council only with respect to such funds so received; and
(2) submit a report detailing such audit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives.
(b) GAO Report.--The Comptroller General of the United
States shall conduct a

[[Page S14564]]

study and submit a report to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representative on the use
of any funds appropriated to the Housing Assistance Council
over the past 10 years.

SEC. 13004. PERSONS NOT LAWFULLY PRESENT IN THE UNITED
STATES.

None of the funds made available under this title may be
used to provide direct housing assistance to any person not
lawfully present in the United States.

SEC. 13005. LIMITATION ON USE OF AUTHORIZED AMOUNTS.

None of the amounts authorized by this title may be used to
lobby or retain a lobbyist for the purpose of influencing a
Federal, State, or local governmental entity or officer.
______

SA 3774. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill H.R. 4156, making emergency supplemental
appropriations for the Department of Defense for the fiscal year ending
September 30, 2008, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. __. SAFE REDEPLOYMENT OF UNITED STATES TROOPS FROM IRAQ.

(a) Transition of Mission.--The President shall promptly
transition the mission of the United States Armed Forces in
Iraq to the limited and temporary purposes set forth in
subsection (d).
(b) Commencement of Safe, Phased Redeployment From Iraq.--
The President shall commence the safe, phased redeployment of
members of the United States Armed Forces from Iraq who are
not essential to the limited and temporary purposes set forth
in subsection (d). Such redeployment shall begin not later
than 90 days after the date of the enactment of this Act, and
shall be carried out in a manner that protects the safety and
security of United States troops.
(c) Use of Funds.--No funds appropriated or otherwise made
available under any provision of law may be obligated or
expended to continue the deployment in Iraq of members of the
United States Armed Forces after June 30, 2008.
(d) Exception for Limited and Temporary Purposes.--The
prohibition under subsection (c) shall not apply to the
obligation or expenditure of funds for the following limited
and temporary purposes:
(1) To conduct targeted operations, limited in duration and
scope, against members of al Qaeda and affiliated
international terrorist organizations.
(2) To provide security for United States Government
personnel and infrastructure.
(3) To provide training to members of the Iraqi Security
Forces who have not been involved in sectarian violence or in
attacks upon the United States Armed Forces, provided that
such training does not involve members of the United States
Armed Forces taking part in combat operations or being
embedded with Iraqi forces.
(4) To provide training, equipment, or other material to
members of the United States Armed Forces to ensure,
maintain, or improve their safety and security.
______

SA 3775. Mr. KYL (for himself and 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 1072, after line 25, add the following:

SEC. 8203. STEWARDSHIP END-RESULT CONTRACTING PROJECTS.

Section 8 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2104) is amended--
(1) by redesignating subsection (h) as subsection (j) and
moving that subsection so as to appear at the end of the
section; and
(2) by inserting after subsection (g) the following:
``(h) Cancellation or Termination Costs.--
``(1) In general.--Notwithstanding section 304B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254c), the Secretary is not required to obligate funds
to cover the cost of cancelling a Forest Service stewardship
multiyear contract under section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 2104 note; section 101(e) of division A of Public Law
105-277) until the contract is cancelled.
``(2) Funding sources.--The costs of any cancellation or
termination of a multiyear stewardship contract described in
paragraph (1) may be paid from--
``(A) appropriations originally made available for the
performance of the contract concerned;
``(B) appropriations currently available for procurement of
the type of service concerned, and not otherwise obligated;
or
``(C) funds appropriated for payments for that performance
or procurement.
``(3) Anti-deficiency act violations.--In a case in which
payment or obligation of funds under this subsection would
constitute a violation of section 1341 of title 31, United
States Code (commonly known as the `Anti-Deficiency Act'),
the Secretary may--
``(A) seek a supplemental appropriation; or
``(B) request funds from the permanent judgment
appropriation established pursuant to section 1304 of title
31, United States Code.''.
On page 1237, strike lines 9 through 18 and insert the
following:
``(B)Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000 for each of fiscal years 2008 through 2012.''
______

SA 3776. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

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

SEC. 11072. PROHIBITIONS ON DOG FIGHTING VENTURES.

(a) In General.--Section 26 of the Animal Welfare Act (7
U.S.C. 2156) is amended--
(1) in subsection (a)(1)--
(A) by striking ``any person to knowingly sponsor'' and
inserting ``any person--
``(A) to knowingly sponsor'';
(B) by striking the period at the end and inserting ``;
or''; and
(C) by adding at the end the following:
``(B) to knowingly sponsor or exhibit an animal in a dog
fighting venture.'';
(2) in subsection (b)--
(A) by striking ``any person to knowingly sell'' and
inserting ``any person--
``(1) to knowingly sell'';
(B) by striking the period at the end and inserting ``;
or''; and
(C) by adding at the end the following:
``(2) to knowingly sell, buy, possess, train, transport,
deliver, or receive for purposes of transportation, any dog
or other animal, for the purposes of having the dog or other
animal, or offspring of the dog or other animal, participate
in a dog fighting venture.'';
(3) in the last sentence of subsection (f), by striking
``by the United States''; and
(4) in subsection (g)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) by redesignating paragraph (6) as paragraph (7); and
(C) by inserting after paragraph (5) the following:
``(6) the term `dog fighting venture'--
``(A) means any event that--
``(i) involves a fight between at least 2 animals;
``(ii) includes at least 1 dog; and
``(iii) is conducted for purposes of sport, wagering, or
entertainment; and
``(B) does not include any activity the primary purpose of
which involves the use of 1 or more animals to hunt another
animal; and''.
(b) Enforcement of Animal Fighting Prohibitions.--Section
49 of title 18, United States Code, is amended to read as
follows:

``Sec. 49. Enforcement of animal fighting prohibitions

``(a) Animal Fighting Ventures.--Whoever violates
subsection (a)(1)(A), (b)(1), (c), or (e) of section 26 of
the Animal Welfare Act (7 U.S.C. 2156) shall be fined under
this title, imprisoned for not more than 3 years, or both,
for each violation.
``(b) Dog Fighting Ventures.--Whoever violates subsection
(a)(1)(B) or (b)(2) of section 26 of the Animal Welfare Act
shall be fined under this title, imprisoned for not more than
5 years, or both, for each violation.''.
______

SA 3774. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill H.R. 4156, making emergency supplemental
appropriations for the Department of Defense for the fiscal year ending
September 30, 2008, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. __. SAFE REDEPLOYMENT OF UNITED STATES TROOPS FROM IRAQ.

(a) Transition of Mission.--The President shall promptly
transition the mission of the United States Armed Forces in
Iraq to the limited and temporary purposes set forth in
subsection (d).
(b) Commencement of Safe, Phased Redeployment From Iraq.--
The President shall commence the safe, phased redeployment of
members of the United States Armed Forces from Iraq who are
not essential to the limited and temporary purposes set forth
in subsection (d). Such redeployment shall begin not later
than 90 days after the date of the enactment of this Act, and
shall be carried out in a manner that protects the safety and
security of United States troops.
(c) Use of Funds.--No funds appropriated or otherwise made
available under any provision of law may be obligated or
expended to continue the deployment in Iraq of members of the
United States Armed Forces after June 30, 2008.
(d) Exception for Limited and Temporary Purposes.--The
prohibition under subsection (c) shall not apply to the
obligation or expenditure of funds for the following limited
and temporary purposes:
(1) To conduct targeted operations, limited in duration and
scope, against members of al Qaeda and affiliated
international terrorist organizations.
(2) To provide security for United States Government
personnel and infrastructure.

[[Page S14565]]

(3) To provide training to members of the Iraqi Security
Forces who have not been involved in sectarian violence or in
attacks upon the United States Armed Forces, provided that
such training does not involve members of the United States
Armed Forces taking part in combat operations or being
embedded with Iraqi forces.
(4) To provide training, equipment, or other material to
members of the United States Armed Forces to ensure,
maintain, or improve their safety and security.
______

SA 3775. Mr. KYL (for himself and 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 1072, after line 25, add the following:

SEC. 8203. STEWARDSHIP END-RESULT CONTRACTING PROJECTS.

Section 8 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2104) is amended--
(1) by redesignating subsection (h) as subsection (j) and
moving that subsection so as to appear at the end of the
section; and
(2) by inserting after subsection (g) the following:
``(h) Cancellation or Termination Costs.--
``(1) In general.--Notwithstanding section 304B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254c), the Secretary is not required to obligate funds
to cover the cost of cancelling a Forest Service stewardship
multiyear contract under section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 2104 note; section 101(e) of division A of Public Law
105-277) until the contract is cancelled.
``(2) Funding sources.--The costs of any cancellation or
termination of a multiyear stewardship contract described in
paragraph (1) may be paid from--
``(A) appropriations originally made available for the
performance of the contract concerned;
``(B) appropriations currently available for procurement of
the type of service concerned, and not otherwise obligated;
or
``(C) funds appropriated for payments for that performance
or procurement.
``(3) Anti-deficiency act violations.--In a case in which
payment or obligation of funds under this subsection would
constitute a violation of section 1341 of title 31, United
States Code (commonly known as the `Anti-Deficiency Act'),
the Secretary may--
``(A) seek a supplemental appropriation; or
``(B) request funds from the permanent judgment
appropriation established pursuant to section 1304 of title
31, United States Code.''.
On page 1237, strike lines 9 through 18 and insert the
following:
``(B) Authorization of appropriations.--
There is authorized to be appropriated to the Secretary to
carry out this section $10,000,000 for each of fiscal years
2008 through 2012.''
______

SA 3776. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

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

SEC. 11072. PROHIBITIONS ON DOG FIGHTING VENTURES.

(a) In General.--Section 26 of the Animal Welfare Act (7
U.S.C. 2156) is amended--
(1) in subsection (a)(1)--
(A) by striking ``any person to knowingly sponsor'' and
inserting ``any person--
``(A) to knowingly sponsor'';
(B) by striking the period at the end and inserting ``;
or''; and
(C) by adding at the end the following:
``(B) to knowingly sponsor or exhibit an animal in a dog
fighting venture.'';
(2) in subsection (b)--
(A) by striking ``any person to knowingly sell'' and
inserting ``any person--
``(1) to knowingly sell'';
(B) by striking the period at the end and inserting ``;
or''; and
(C) by adding at the end the following:
``(2) to knowingly sell, buy, possess, train, transport,
deliver, or receive for purposes of transportation, any dog
or other animal, for the purposes of having the dog or other
animal, or offspring of the dog or other animal, participate
in a dog fighting venture.'';
(3) in the last sentence of subsection (f), by striking
``by the United States''; and
(4) in subsection (g) --
(A) in paragraph (5), by striking ``and'' at the end;
(B) by redesignating paragraph (6) as paragraph (7); and
(C) by inserting after paragraph (5) the following:
``(6) the term `dog fighting venture'--
``(A) means any event that--
``(i) involves a fight between at least 2 animals;
``(ii) includes at least 1 dog; and
``(iii) is conducted for purposes of sport, wagering, or
entertainment; and
``(B) does not include any activity the primary purpose of
which involves the use of 1 or more animals to hunt another
animal; and''.
(b) Enforcement of Animal Fighting Prohibitions.--Section
49 of title 18, United States Code, is amended to read as
follows:

``Sec. 49. Enforcement of animal fighting prohibitions

``(a) Animal Fighting Ventures.--Whoever violates
subsection (a)(1)(A), (b)(1), (c), or (e) of section 26 of
the Animal Welfare Act (7 U.S.C. 2156) shall be fined under
this title, imprisoned for not more than 3 years, or both,
for each violation.
``(b) Dog Fighting Ventures.--Whoever violates subsection
(a)(1)(B) or (b)(2) of section 26 of the Animal Welfare Act
shall be fined under this title, imprisoned for not more than
5 years, or both, for each violation.''.
______

SA 3777. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 3701 submitted by Mr. KYL (for himself and Mr. Allard) and
intended to be proposed 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 lieu of the matter proposed to be inserted, insert the
following:

SEC. 8203. STEWARDSHIP END-RESULT CONTRACTING PROJECTS.

(a) Cancellation or Termination Costs.--Section 8 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2104)
is amended--
(1) by redesignating subsection (h) as subsection (j) and
moving that subsection so as to appear at the end of the
section; and
(2) by inserting after subsection (g) the following:
``(h) Cancellation or Termination Costs.--
``(1) In general.--Notwithstanding section 304B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254c), the Secretary is not required to obligate funds
to cover the cost of cancelling a Forest Service stewardship
multiyear contract under section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 2104 note; section 101(e) of division A of Public Law
105-277) until the contract is cancelled.
``(2) Funding sources.--The costs of any cancellation or
termination of a multiyear stewardship contract described in
paragraph (1) may be paid from--
``(A) appropriations originally made available for the
performance of the contract concerned;
``(B) appropriations currently available for procurement of
the type of service concerned, and not otherwise obligated;
or
``(C) funds appropriated for payments for that performance
or procurement.
``(3) Anti-deficiency act violations.--In a case in which
payment or obligation of funds under this subsection would
constitute a violation of section 1341 of title 31, United
States Code (commonly known as the `Anti-Deficiency Act'),
the Secretary may--
``(A) seek a supplemental appropriation; or
``(B) request funds from the permanent judgment
appropriation established pursuant to section 1304 of title
31, United States Code.''.
(b) National Sheep and Goat Industry Improvement Center.--
Section 375(e)(6) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j(e)(6)) (as amended by section
10303(b)) is amended--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraph (C) as subparagraph (B).
______

SA 3778. Mr. NELSON of Florida submitted an amendment intended to be
proposed to amendment SA 3621 submitted by Mr. Coleman and intended to
be proposed to the amendment SA 3500 proposed by Mr. Harkin (for
himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R.
2419, to provide for the continuation of agricultural programs through
fiscal year 2012, and for other purposes; which was ordered to lie on
the table; as follows:

On page 2 of the amendment, strike lines 3 through 6 and
insert the following:
``(iv)(I) Except as provided in subclause (II), a payment
under the environmental quality incentives program
established under chapter 4 of subtitle D of title XII.
``(II) The Secretary may grant a waiver for the average
adjusted gross income limitation as applied to benefits under
subclause (I) and subparagraph (B) to owners of land in
agricultural uses if--

``(aa) the highest use land value of the land is at least
100 percent higher than the market value of an agricultural
land value appraisal on the same tract of land; and
``(bb) the State conservationist certifies that a qualified
appraisal has been carried out on the land, or a similar
tract of land, that demonstrates the disparity between the
agricultural and development values and certifies that
without participation in a conservation program described in
subclause (I) or subparagraph (B), the owner of the land
would be under significant development pressures that could
interfere with the agricultural and conservation uses of the
land.

______

SA 3779. Mr. NELSON of Florida submitted an amendment intended to be

[[Page S14566]]

proposed to amendment SA 3559 submitted by Mr. Inouye (for himself and
Mr. Akaka) and intended to be proposed to the amendment SA 3500
proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr.
Grassley) to the bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
which was ordered to lie on the table; as follows:

Strike lines 7 through 9 of the amendment and insert the
following:

operation carried out in the State of Hawaii.
``(4) Waiver authority.--The Secretary may grant a waiver
for the average adjusted gross income limitation in paragraph
(1)(C) to owners of land in agricultural uses if--
``(A) the highest use land value of the land is at least
100 percent higher than the market value of an agricultural
land value appraisal on the same tract of land; and
``(B) the State conservationist certifies that--
``(i) a qualified appraisal has been carried out on the
land, or a similar tract of land, that demonstrates the
disparity between the agricultural and development values;
and
``(ii) without participation in a conservation program
described in paragraph (2)(B), the owner of the land would be
under significant development pressures that could interfere
with the agricultural and conservation uses of the land.
``(5) Income derived from farming, ranching, or forestry
operations.--In determining
______

SA 3780. Mr. NELSON of Florida submitted an amendment intended to be
proposed to amendment SA 3665 submitted by Mr. Ensign and intented to
be proposed 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 2 of the amendment, strike lines 1 through 11 and
insert the following:
``(B) Conservation programs.--
``(i) In general.--Notwithstanding any other provision of
law, except as provided in clause (ii), an individual or
entity shall not be eligible to receive any benefit described
in paragraph (2)(B) during a crop year if the average
adjusted gross income of the individual or entity exceeds
$2,500,000, unless not less than 75 percent of the average
adjusted gross income of the individual or entity is derived
from farming, ranching, or forestry operations, as determined
by the Secretary.
``(ii) Waiver authority.--The Secretary may grant a waiver
for the average adjusted gross income limitation in clause
(i) to owners of land in agricultural uses if--

``(I) the highest use land value of the land is at least
100 percent higher than the market value of an agricultural
land value appraisal on the same tract of land; and
``(II) the State conservationist certifies that--

``(aa) a qualified appraisal has been carried out on the
land, or a similar tract of land, that demonstrates the
disparity between the agricultural and development values;
and
``(bb) without participation in a conservation program
described in paragraph (2)(B), the owner of the land would be
under significant development pressures that could interfere
with the agricultural and conservation uses of the land.
______

SA 3781. Mr. NELSON of Florida submitted an amendment intended to be
proposed to amendment SA 3645 submitted by Mr. Ensign and intended to
be proposed to the amendment SA 3500 proposed by Mr. Harkin (for
himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R.
2419, to provide for the continuation of agricultural programs through
fiscal year 2012, and for other purposes; which was ordered to lie on
the table; as follows:

On page 2 of the amendment, strike line 1 and insert the
following:
``(B) Conservation programs.--
``(i) Waiver authority.--The Secretary may grant a waiver
for the average adjusted gross income limitation in clause
(ii) to owners of land in agricultural uses if--

``(I) the highest use land value of the land is at least
100 percent higher than the market value of an agricultural
land value appraisal on the same tract of land; and
``(II) the State conservationist certifies that--

``(aa) a qualified appraisal has been carried out on the
land, or a similar tract of land, that demonstrates the
disparity between the agricultural and development values;
and
``(bb) without participation in a conservation program
described in paragraph (2)(B), the owner of the land would be
under significant development pressures that could interfere
with the agricultural and conservation uses of the land.
``(ii) Limitation.--Not-
______

SA 3782. Ms. KLOBUCHAR submitted an amendment intended to be proposed
to amendment SA 3764 submitted by Ms. Klobuchar (for herself, Mr.
Durbin, and Mr. Brown) and intended to be proposed to the amendment SA
3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus,
and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of the amendment, add the following:
(3) Extensions.--Notwithstanding any other provision of
this Act, or an amendment made by this Act--
(A) the authority to carry out the grassland reserve
program established under subchapter C of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838n et seq.), is extended through September 30,
2017;
(B) the authority to carry out the provision of assistance
for community food projects under section 25 of the Food and
Nutrition Act of 2007 (7 U.S.C. 2034) (as amended by section
4801(g)), is extended through September 30, 2016;
(C) the authority to carry out the beginning farmer and
rancher individual development accounts pilot program
established under section 333B of the Consolidated Farm and
Rural Development Act (as added by section 5201), is extended
through September 30, 2017;
(D) the authority to carry out the program of grants to
encourage State initiatives to improve broadband service
established under section 6202, is extended through September
30, 2017;
(E) the authority to carry out the organic agriculture
research and extension initiative established under section
1672B of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925b) (as amended by section 7104), is
extended through September 30, 2014;
(F) the authority to carry out the beginning farmer and
rancher development program established under section 7405 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
3319f) (as amended by section 7309), is extended through
September 30, 2017;
(G) the authority to carry out the biomass crop transition
assistance program established under subsections (b) and (c)
of section 9004 of the Farm Security and Rural Investment Act
of 2002 (as amended by section 9001), is extended through
September 30, 2012; and
(H) the authority to carry out the Rural Energy for America
Program established under section 9007 of the Farm Security
and Rural Investment Act of 2002 (as amended by section
9001), is extended through September 30, 2012.
______

SA 3783. Ms. KLOBUCHAR submitted an amendment intended to be proposed
to amendment SA 3765 submitted by Ms. Klobuchar (for herself, Mr.
Durbin, and Mr. Brown) and intended to be proposed to the amendment SA
3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus,
and Mr. Grassley) to the bill H.R. 2419, to provide for the
continuation of agricultural programs through fiscal year 2012, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of the amendment, add the following:
(3) Extensions.--Notwithstanding any other provision of
this Act, or an amendment made by this Act--
(A) the authority to carry out the grassland reserve
program established under subchapter C of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3838n et seq.), is extended through September 30,
2017;
(B) the authority to carry out the provision of assistance
for community food projects under section 25 of the Food and
Nutrition Act of 2007 (7 U.S.C. 2034) (as amended by section
4801(g)), is extended through September 30, 2016;
(C) the authority to carry out the beginning farmer and
rancher individual development accounts pilot program
established under section 333B of the Consolidated Farm and
Rural Development Act (as added by section 5201), is extended
through September 30, 2017;
(D) the authority to carry out the program of grants to
encourage State initiatives to improve broadband service
established under section 6202, is extended through September
30, 2017;
(E) the authority to carry out the organic agriculture
research and extension initiative established under section
1672B of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925b) (as amended by section 7104), is
extended through September 30, 2014;
(F) the authority to carry out the beginning farmer and
rancher development program established under section 7405 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
3319f) (as amended by section 7309), is extended through
September 30, 2017;
(G) the authority to carry out the biomass crop transition
assistance program established under subsections (b) and (c)
of section 9004 of the Farm Security and Rural Investment Act
of 2002 (as amended by section 9001), is extended through
September 30, 2012; and
(H) the authority to carry out the Rural Energy for America
Program established under section 9007 of the Farm Security
and Rural Investment Act of 2002 (as amended by section
9001), is extended through September 30, 2012.

[[Page S14567]]

____________________