S.Amdt. 3843

SA 3843. 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 among the States
$220,000,000 for fiscal years 2009 through 2017, with each
State receiving a grant in an amount equal to the proportion
that--
(i) the amount of the reduction in payments in the State
under section 1941(a) ; bears to
(ii) the total amount of reduced payments in all States
under that section.
(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)(3).
(b) State Boards.--
(1) In general.--The Secretary shall establish a State
board for each State that consists of the State directors
of--
(A) the Farm Service Agency;
(B) the Natural Resources Conservation Service; and
(C) USDA-Rural Development.
(2) Stakeholder input.--A State board established under
paragraph (1) shall consult with and conduct appropriate
outreach activities with respect to relevant State agencies
(including State agencies with jurisdiction over agriculture,
rural development, energy, telecommunications, public
schools, and nutrition assistance), 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.
(3) 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) based on the State
needs and priorities as determined by the board.
(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).
(4) Outreach activities.--Not more than 2 percent of the
amounts maintained in a State account established under
subsection (a) for a fiscal year may be used to carry out
outreach activities described in paragraph (2).
(5) Prohibition.--Funds made available under this section
may not be used for the administrative expenses of State
boards in excess of the amount allowed for program
administration under other law, including regulations.
(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);

[[Page S15363]]

(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 for
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.--
(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).
(e) Evaluation and Report.--Not later than March 1, 2012,
the Secretary shall--
(1) evaluate the effectiveness of State funds made
available under this section in meeting the unmet needs of
agricultural producers, rural communities, and nutrition of
school children and low-income individuals;
(2) evaluate whether base grants under subsection (a)(1)
and proportional funding under subsection (a)(2) are
equitable, based on national needs and the relative needs of
each State;
(3) develop recommendations on whether the State flexible
accounts described in subsection (a)(2)(B) should be
continued and, if so, what changes should be made to the
program;
(4) if the Secretary recommends that the State flexible
accounts should not be continued, develop recommendations on
what additional increases in other programs would be more
beneficial to the broadest group of family farmers, rural
communities, and the nutrition of school children and low-
income individuals; and
(5) submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate, a report containing the
evaluation and recommendations required under this
subsection.

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.''.
______