I 

110TH CONGRESS 

1ST SESSION H. R. 2401 

To provide for greater access and opportunities for socially disadvantaged 

farmers, to create incentives for research, conservation, and market viability, to provide a healthy and just work environment for agricultural 

workers, to provide Americans with healthier food choices, to address 

hunger and poverty in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2007 

Mr. BACA (for himself, Mrs. NAPOLITANO, Mr. GUTIERREZ, Mr. SERRANO, 

Mr. GRIJALVA, Ms. SOLIS, Mr. REYES, Mr. ORTIZ, Ms. VELA ́ZQUEZ, Mr. 

HINOJOSA, Mr. BECERRA, Mr. SIRES, Mr. FORTUN ̃O, Mr. RODRIGUEZ, 

Mr. PASTOR, Mr. LINCOLN DIAZ-BALART of Florida, Mr. CUELLAR, Ms. 

ROYBAL-ALLARD, Mr. GONZALEZ, Mr. SALAZAR, and Ms. ROSLEHTINEN) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Education 

and Labor, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for greater access and opportunities for socially 

disadvantaged farmers, to create incentives for research, 

conservation, and market viability, to provide a healthy 

and just work environment for agricultural workers, to 

provide Americans with healthier food choices, to address 

hunger and poverty in the United States, and for other 

purposes. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Nutrition and Opportunities for the Underserved and 

6 Rural Incentives to Secure the Heartland Act of 2007’’ 

7 or the ‘‘NOURISH Act of 2007’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Findings. 

TITLE I—POLICY TO PROMOTE INVOLVEMENT OF SOCIALLY 

DISADVANTAGED FARMERS AND RANCHERS 

Sec. 101. Establishment. 

Sec. 102. Administration. 

Sec. 103. Eligibility. 

Sec. 104. Producer payment structure. 

Sec. 105. Technical assistance. 

Sec. 106. Duties of the Secretary. 

TITLE II—REVIEW OF PENDING FORECLOSURES 

Sec. 201. USDA Minority Producer Land Preservation Commission. 

Sec. 202. Requirement that foreclosure notices include information about the 

Commission. 

TITLE III—OUTREACH, TRANSPARENCY, AND ACCOUNTABILITY 

Sec. 301. Outreach, transparency, and accountability. 

Sec. 302. Improved data requirements. 

Sec. 303. Expansion of support for Hispanic-serving institutions. 

TITLE IV—FARM WORKER AND COMPETITIVENESS PROVISIONS 

Subtitle A—Pesticides 

Sec. 401. Pesticides. 

Subtitle B—Office of Farmworker Coordination 

Sec. 411. Office of Farmworker Coordination. 

Subtitle C—Major Disaster Assistance Programs 

Sec. 421. Emergency grants to assist low-income migrant and seasonal farmworkers. 

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Subtitle D—Agricultural Fair Practices 

Sec. 431. Agricultural fair practices. 

Sec. 432. Application. 

TITLE V—CONSERVATION 

Sec. 501. Conservation access initiative to encourage greater participation by 

socially disadvantaged farmers and ranchers in conservation 

programs. 

Sec. 502. Other diversity provisions. 

Sec. 503. Conservation reserve program. 

Sec. 504. Reauthorization of and increased enrollment authority for grassland 

reserve program. 

Sec. 505. Environmental quality incentives program. 

Sec. 506. Reauthorization of and increased funding for wildlife habitat incentive 

program. 

Sec. 507. Integrated pest management initiative. 

Sec. 508. Value Added Funding and Technical Assistance. 

TITLE VI—HEALTHY FOOD CHOICES 

Sec. 601. Findings. 

Sec. 602. Reauthorization of and increased funding for community food project 

competitive grants. 

Sec. 603. Expansion of Fresh Fruit and Vegetable Program. 

Sec. 604. Authorization level for farm-to-cafeteria activities. 

Sec. 605. Extension of WIC farmers’ market nutrition program. 

Sec. 606. Senior farmers’ market nutrition program. 

Sec. 607. Farmers’ market promotion program. 

Sec. 608. Department of Defense and Department of Agriculture procurement 

of locally produced agricultural products. 

Sec. 609. Fruit and vegetable nutrition promotion program. 

Sec. 610. Use of ‘‘Dietary Guidelines for Americans’’ in special nutrition programs and school lunch programs. 

Sec. 611. Section 32 specialty crop purchases. 

Sec. 612. Administration of Food Stamp Program. 

TITLE VII—PROMOTION OF NEW MARKETS AND FARM VIABILITY 

Sec. 701. National organic certification and transition cost share program. 

TITLE VIII—RURAL REGIONAL INVESTMENT INITIATIVE 

Sec. 801. Rural regional investment initiative. 

Sec. 802. Rural regional entrepreneurship program. 

TITLE IX—NUTRITION 

Sec. 901. Renaming the Food Stamp Program. 

Subtitle A—Improving Benefit Adequacy 

Sec. 911. Strengthening the food purchasing power of low-income Americans. 

Sec. 912. Supporting working families with child care expenses. 

Sec. 913. Exclusion of combat-related military pay from countable income. 

Sec. 914. Increasing the minimum benefit. 

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Subtitle B—Improving Food Security and Simplifying Program Operations 

Sec. 921. Allowable countable resources. 

Sec. 922. Exclusion of retirement accounts from countable financial resources. 

Sec. 923. Exclusion of education accounts from countable financial resources. 

Sec. 924. Simplifying work requirement. 

Sec. 925. Fairness for legal immigrants. 

Sec. 926. Clarifying eligibility. 

Sec. 927. Ensuring proper screening. 

Sec. 928. Clarification of simplified administrative reporting requirement. 

Subtitle C—Connecting Eligible Families and Individuals to Food Stamps 

Sec. 931. Facilitating simplified reporting. 

Sec. 932. State option for telephonic signature. 

Sec. 933. Reauthorization of Food Stamp Program and food distribution program on Indian reservations. 

Sec. 934. Access to benefits. 

Sec. 935. Outreach grants. 

Sec. 936. Improving program operations and program effectiveness. 

Sec. 937. Improving performance bonuses for States. 

Sec. 938. Supporting State efforts during natural disasters. 

Sec. 939. Addressing hunger in the Commonwealth of Puerto Rico. 

Sec. 940. Study on comparable access to food stamp benefits for Puerto Rico. 

Sec. 941. Expanding the use of food stamps at farmers’ markets. 

Subtitle D—Supporting the Emergency Food Bank Network and Other 

Community Partners 

Sec. 951. Commodities for the emergency food assistance program. 

Sec. 952. Accountable program administration. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Latinos are the fasting growing population 

4 of new farmers, increasing by over 40,000 from 

5 1992–2002. They run diversified operations largely 

6 producing cattle, fresh fruit and vegetables and 

7 other diverse products that are not covered by Fed8 eral agricultural programs. As a result, approxi9 mately 90 percent of Latino farmers and ranchers 

10 do not benefit from the commodity program pay11 ments, which consume half of all farm spending. 

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1 These and other immigrant farmers represent the 

2 future of American Agriculture and with support 

3 can meet the growing demand from consumers for 

4 local and ethnic specialty crops, and protect fertile 

5 farmland from sprawling urban development. 

6 (2) The loss of farmers and farmland for small 

7 and mid-sized farmers farming along the urban 

8 edge, especially Latino and other socially disadvan9 taged farmers, who have experienced a long history 

10 of discrimination, is a growing threat to the future 

11 of American agriculture. Farms provide valuable en12 vironmental benefits to our urban communities by 

13 preserving open space and the quality of our air and 

14 water and protecting wild life habitat. The 2007 

15 Farm Bill should ensure that small and mid-sized 

16 producers, particularly Latino and other socially dis17 advantaged producers, have access to farmland pro18 tection, conservation, research and other programs 

19 that ensure their viability, while providing incentives 

20 and support for beginning farmers. 

21 (3) The Nation’s 2.5 million migrant and sea22 sonal farm workers produce the food found on the 

23 dinner tables of all Americans. Despite these con24 tributions, farm workers suffer from the highest rate 

25 of toxic chemical injuries of any workers in the 

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1 United States and earn only $10,000 to $12,500 per 

2 year, working long hours under strenuous condi3 tions. Thirteen states do not require farm workers to 

4 be covered by workers’ compensation coverage for 

5 on-the-job injuries and only eight percent of farm 

6 workers reported that their employers provided them 

7 with any health insurance. Many farm workers also 

8 face substandard housing conditions due to high 

9 cost, physical deficiencies or over crowding. The 

10 2007 Farm Bill should improve farm worker safety 

11 and health, particularly as it relates to toxic pes12 ticides and expanded research on farm worker health 

13 and safety. 

14 (4) Current Federal farm policies also do too 

15 little to promote outreach and to serve Latino farm16 ers and operators. Barriers include a failure to pro17 vide service that is linguistically and culturally ap18 propriate, a failure to recognize farm experience 

19 gained through work as a farm worker or as a farm20 er in their nation of origin. 

21 (5) As a growing sector within agriculture, 

22 Latino and other socially disadvantaged farmers 

23 need new programs to help them catch up with other 

24 farmers who have had access to more benefits and 

25 services, as well as policies and programs that will 

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1 hold United States Department of Agriculture ac2 countable for provided equitable access to programs. 

3 (6) A major problem facing low-income commu4 nities and communities of color across the United 

5 States is lack of access to fresh fruits and vegetables 

6 and other healthy foods. Whether in their retail 

7 shops or school cafeterias’, many Americans lack op8 portunities to make healthy food choices-contributing 

9 to alarming increases in rates of obesity and diet re10 lated disease. If current trends continue, one in 

11 three Caucasian children, and one in two African 

12 American and Latino children in America will have 

13 diabetes by the time they are eighteen. The 2007 

14 Farm Bill should help reverse the alarming trends of 

15 poor health and failing farms by linking the food ac16 cess needs of consumers with the needs of specialty 

17 crop producers, through innovative nutrition, mar18 keting and distribution programs. 

19 (7) With hunger and food insecurity on the rise 

20 we must strengthen the safety-net for food insecure 

21 families. According to the United States Department 

22 of Agriculture, 38 million people in America live 

23 with hunger or the threat of hunger, including 14 

24 million children. Yet at the same time, a large per25 centage of eligible families do not participate in the 

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1 Food Stamp Program. The Farm Bill must include 

2 a strong nutrition title that helps families in need 

3 put food on the table. 

4 TITLE I—POLICY TO PROMOTE 

5 INVOLVEMENT OF SOCIALLY 

6 DISADVANTAGED FARMERS 

7 AND RANCHERS 

8 SEC. 101. ESTABLISHMENT. 

9 (a) ESTABLISHMENT.—The Secretary of Agriculture 

10 shall establish and carryout, for each of fiscal years 2008 

11 through 2013, a program to enhance the viability of mi12 nority and socially disadvantaged farmer and ranchers 

13 who own or operate agricultural operations by assisting 

14 such farmer and ranchers to reduce their risks, improve 

15 their access to markets, and better utilize the programs 

16 and services of the Department of Agriculture. 

17 (b) IMPROVED ACCESS.—One of the purposes of the 

18 program shall be to ensure the viability and success of mi19 nority and socially disadvantaged farmers and ranchers by 

20 promoting the involvement of socially disadvantaged farm21 ers and ranchers in the full range of services to ensure 

22 producer access to commodity, credit, risk management 

23 and disaster protection, conservation, marketing, nutri24 tion, value-added, rural development, and other programs 

25 and services of the Department. 

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1 (c) ACCURATE REFLECTION OF CONTRIBUTIONS.— 

2 Another of the purposes of the program shall be to assure 

3 that the number and economic contributions of socially 

4 disadvantaged farmers and ranchers are accurately re5 flected in the census of agriculture. 

6 SEC. 102. ADMINISTRATION. 

7 In order to implement the policies and programs es8 tablished or modified under this title, the Secretary shall 

9 use the Risk Management Agency Office of Civil Rights 

10 and Community Outreach. 

11 SEC. 103. ELIGIBILITY. 

12 (a) IN GENERAL.—To be eligible to participate in 

13 programs made available under this title, a producer 

14 shall— 

15 (1) be a socially disadvantaged farmer or ranch16 er; 

17 (2) be a producer who, as an owner, operator, 

18 landlord, tenant, sharecropper or enrolled member of 

19 an Indian tribe— 

20 (A) shares in the risk of producing any 

21 crop or livestock; and 

22 (B) is entitled to share in the crop or live23 stock available for marketing from a farm (or 

24 would have shared had the crop or livestock 

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1 been produced) or produces more than 50 per2 cent of the food needed for family consumption; 

3 (3) submit to the Secretary, and obtain the ap4 proval of the Secretary for, a risk management and 

5 market access plan that meets the minimum require6 ments in section 104; and 

7 (4) enter into a risk management and marker 

8 access contract with the Secretary to carry out the 

9 risk management and market access plan. 

10 (b) DEFINITIONS.—In this title: 

11 (1) SOCIALLY DISADVANTAGED.—The term ‘‘so12 cially disadvantaged’’ means, with respect to a farm13 er or rancher, that the farmer or rancher is a mem14 ber of a socially disadvataged group. 

15 (2) SOCIALLY DISADVANTAGED GROUP DE16 FINED.—The term ‘‘socially disadvantaged group’’ 

17 means a group whose members have been subjected 

18 to racial or ethnic prejudice because of their identity 

19 as members of a group without regard to their indi20 vidual qualities. 

21 SEC. 104. PRODUCER PAYMENT STRUCTURE. 

22 (a) PRODUCER DEVELOPMENT PAYMENTS.—The 

23 Secretary is authorized to provide direct payments to the 

24 producers defined under section 103 if risk management 

25 and market access plans are implemented within any fiscal 

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1 year pursuant to a plan developed in a fiscal year prior 

2 to payment by the Secretary. 

3 (b) ENROLLMENT PROCEDURE.—To enroll in this 

4 program, an eligible producer must— 

5 (1) complete and maintain the practices in the 

6 qualification level in subsection (c)(1)(A); 

7 (2) describe the tier of the risk management 

8 and market access plan, and the particular risk 

9 management and market access practices to be im10 plemented in accordance with this subsection; and 

11 (3) identify the qualified technical assistance 

12 provider who will serve as a liaison to the Depart13 ment and supply technical assistance to assure com14 pletion of the plan. 

15 (c) PAYMENT STRUCTURE.—The Secretary shall 

16 make annual producer payments under this title for par17 ticipation at 1 of the following levels for a period not to 

18 exceed a total of 7 years, as follows: 

19 (1) QUALIFICATION LEVEL.—The qualification 

20 level payment shall be $5,000 with $2,500 paid up 

21 front if, within the first year, the producer— 

22 (A) files an IRS schedule F or a qualified 

23 substitute for enrolled members of Indian 

24 Tribes; 

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1 (B) registers at the Farm Service Agency 

2 office as a farm or rancher, or informs the Sec3 retary the reason for which registration was not 

4 allowed; 

5 (C) signs up for any crop insurance or 

6 NAP programs for which the producer is quali7 fied, or provides a plan to achieve qualification 

8 or inform the Secretary if no plan or program 

9 exists for the form of production on the farm 

10 or ranch; and 

11 (D) receives technical assistance to be in12 cluded in the Minority Farm Registry and com13 plete the next Census of Agriculture. 

14 The Secretary shall provide to the National Agri15 culture Statistics Service information sufficient for 

16 inclusion of each producer who qualifies under this 

17 section in the next census of agriculture. 

18 (2) FIRST TIER PAYMENTS.—First Tier pay19 ments shall be $10,000 annually for up to 3 years 

20 if the producer provides, develops, and implements a 

21 plan to complete at least two of following practices 

22 in each year: 

23 (A) prepares a farm and home plan; 

24 (B) prepares an estate plan; 

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1 (C) prepares risk management plan, in2 cluding accessing family health insurance; 

3 (D) prepares a conservation plan; 

4 (E) enters into a contract for purchase or 

5 sale of farm land; 

6 (F) acquires a computer, high-speed inter7 net access, and software, and training in the 

8 use of these tools; 

9 (G) prepares a plan to transition to an10 other crop or crops; 

11 (H) applies for at least one farm program 

12 of the Department; or 

13 (I) other practices as determined by the 

14 Secretary. 

15 (3) SECOND TIER PAYMENTS.—Second Tier 

16 payments shall be $25,000 annually for up to 3 

17 years if the producer develops and implements a 

18 plan to complete at least 2 of the following practices 

19 in each year: 

20 (A) mentor another farmer; 

21 (B) seek nomination and election to a Con22 servation District Board or FSA County Com23 mittee; 

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1 (C) meet standards for Good Agricultural 

2 Practices, Organic Certification, or other mar3 ket certifications; 

4 (D) develop and implement a marketing 

5 plan or a business plan; 

6 (E) access liability or other expanded in7 surance, including revenue insurance; 

8 (F) access farmers markets or improved 

9 marketing contracts; 

10 (G) participate in farmers market nutri11 tion, school food or other nutrition programs; 

12 (H) develop and implement plan to meet 

13 regulatory requirements, including labor, work14 ers compensation, and pesticide health and 

15 safety standards, livestock and animal ID; 

16 (I) seek irrigation and other production as17 sistance, land or waste management; or 

18 (J) other practices as determined by the 

19 Secretary. 

20 (4) THIRD TIER PAYMENTS.—Third Tier pay21 ments shall be $45,000 annually for up to 3 years 

22 if the producer develops and implements a plan to 

23 complete at least 2 of the following practices in each 

24 year: 

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1 (A) develop or participate in a cooperative 

2 or marketing association; 

3 (B) develop a value-added enterprise; 

4 (C) improve marketing, including develop5 ment of brands and innovative forms of mar6 keting by web or other means; 

7 (D) develop intrastructure or processing; 

8 (E) enhance the participation of a coopera9 tive or a group of farmers in nutrition and 

10 health programs; 

11 (F) construct or improve housing for farm12 workers; 

13 (G) enter into direct contracts to secure 

14 adequate labor to meet production needs; 

15 (H) protect land use and development 

16 rights; or 

17 (I) other practices as determined by the 

18 Secretary. 

19 SEC. 105. TECHNICAL ASSISTANCE. 

20 (a) IN GENERAL.—For each of fiscal years 2008 

21 through 2013, the Secretary shall provide technical assist22 ance through qualified technical assistance providers to 

23 producers for the development and implementation of a 

24 risk management and market access plans at each tier. 

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1 (b) TECHNICAL ASSISTANCE PROVIDER.—In this 

2 section, the term ‘‘technical assistance provider’’ is an or3 ganization or educational institutions that qualifies as an 

4 eligible entity under section 2501(e)(5) of the Food, Agri5 culture, Conservation, and Trade Act of 1990 (7 U.S.C. 

6 2279(e)(5)). 

7 (c) QUALIFIED TECHNICAL ASSISTANCE PRO8 VIDER.—In this section, the term ‘‘qualified technical as9 sistance provider’’ means a technical assistance provider 

10 that has been recognized by the Risk Management Agency 

11 as qualified to provide the service in this program. The 

12 term shall include the following: 

13 (1) An 1890 institution or 1994 institution (as 

14 defined in section 2 of the Agricultural Research, 

15 Extension, and Education Reform Act of 1998 (7 

16 U.S.C. 7601)), including West Virginia State Col17 lege. 

18 (2) An Indian tribal community college or an 

19 Alaska Native cooperative college. 

20 (3) An Hispanic-serving institution (as defined 

21 in section 1404 of the National Agricultural Re22 search, Extension, and Teaching Policy Act of 1977 

23 (7 U.S.C. 3103)). 

24 (4) Any other institution of higher education 

25 (as defined in section 101 of the Higher Education 

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1 Act of 1965 (20 U.S.C. 1001) that has dem2 onstrated experience in providing agriculture edu3 cation or other agriculturally related services to so4 cially disadvantaged farmers or ranchers in a region. 

5 (d) LIMITATIONS.—A qualified technical service pro6 vider shall not receive payment for services in excess of— 

7 (1) $2,000, for services under section 104(c)(1); 

8 (2) $3,000, for services under section 104(c)(2); 

9 (3) $4,000, for services under section 104(c)(3); 

10 or 

11 (4) $5,000, for services under section 104(c)(4). 

12 SEC. 106. DUTIES OF THE SECRETARY. 

13 (a) REGULATIONS.—Not later than 270 days after 

14 the date of enactment of this Act, the Secretary of Agri15 culture shall promulgate regulations implementing the 

16 program provided in this title. 

17 (b) STAFFING AND ADMINISTRATION.—The Sec18 retary shall provide in the Risk Management Office of 

19 Civil Rights and Community Outreach not less than 10 

20 staff positions at headquarters, and such field staff for 

21 the Office as the Secretary deems necessary to implement 

22 this program in States where the number of applicants 

23 exceeds 500, to conduct the administration of the program 

24 provided in this title. 

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1 (c) DEPARTMENTAL COORDINATION.—The Secretary 

2 shall provide support for the Small Farms Emphasis Pro3 gram established in the Department of Agriculture to 

4 work across agencies in the Department to assure coordi5 nation of services among agencies for socially disadvan6 taged farmers and ranchers under the program provided 

7 under this title, and in partnership with qualified technical 

8 assistance providers, to provide such coordination and 

9 training activities as necessary. 

10 (d) FUNDING.—Of the funds of the Commodity Cred11 it Corporation, the Secretary shall make available such 

12 sums as are necessary to carry out this title for each of 

13 fiscal years 2008 through 2013. 

14 TITLE II—REVIEW OF PENDING 

15 FORECLOSURES 

16 SEC. 201. USDA MINORITY PRODUCER LAND PRESERVA17 TION COMMISSION. 

18 (a) IN GENERAL.—The Secretary of Agriculture (in 

19 this section referred to as the ‘‘Secretary’’) shall establish 

20 in the Department of Agriculture a commission to be 

21 known as the ‘‘USDA Minority Producer Land Preserva22 tion Commission’’ (in this section referred to as the ‘‘Com23 mission’’). 

24 (b) DUTIES.— 

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1 (1) REVIEW OF PENDING FORECLOSURE PRO2 CEEDINGS OF THE DEPARTMENT OF AGRI3 CULTURE.— 

4 (A) ACTIONS TO BE TAKEN ON RECEIPT

5 OF PETITION.—On receipt of a petition from a 

6 socially disadvantaged farmer or rancher (as 

7 defined in section 355(e)(2) of the Consolidated 

8 Farm and Rural Development Act) with respect 

9 to a foreclosure action of the Department of 

10 Agriculture that is pending with respect to a 

11 farm or ranch owned or operated by the peti12 tioner— 

13 (i) the Commission shall— 

14 (I) commence an investigation of 

15 the claims made in the petition; and 

16 (II) notify the Secretary that the 

17 Commission has received the petition; 

18 and 

19 (ii) the foreclosure action shall be sus20 pended, and interest shall not be payable 

21 on any credit obligation of the petitioner 

22 which is the subject of the foreclosure ac23 tion, until the earliest of— 

24 (I) the date the petitioner sub25 mits to the Commission a written remstockstill on PROD1PC66 with BILLS

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1 quest to consider the petition to be 

2 withdrawn; 

3 (II) the date the Commission de4 termines that the claims made in the 

5 petition are without foundation or 

6 that there has been no wrongdoing by 

7 any governmental entity in the cir8 cumstances which gave rise to, or the 

9 conduct of, the action; 

10 (III) the date the claims made in 

11 the petition have been fully and finally 

12 adjudicated in a court of competent 

13 jurisdiction; 

14 (IV) the date the Commission 

15 submits a final report to the Secretary 

16 under subparagraph (C)(ii) with re17 spect to the petition; or 

18 (V) the date the Commission ter19 minates. 

20 (B) MATTERS TO BE INVESTIGATED; REC21 OMMENDATIONS.—In investigating a petition, 

22 the Commission shall— 

23 (i) determine whether (and if so, the 

24 extent to which) conduct of the Federal 

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1 ment, contributed to the conditions leading 

2 to the foreclosure action; 

3 (ii) determine whether the foreclosure 

4 action is being conducted in accordance 

5 with applicable laws and regulations; and 

6 (iii) on the basis of the determina7 tions, develop such recommendations as 

8 may be necessary and appropriate with re9 spect to the petition. 

10 (C) REPORTS TO THE SECRETARY.— 

11 (i) PRELIMINARY REPORT.—Within 

12 60 (or, if the Commission needs more time, 

13 90) days after receipt of a petition, the 

14 Commission shall submit to the Secretary 

15 a report which contains the preliminary de16 terminations and recommendations of the 

17 Commission with respect to the petition. 

18 (ii) FINAL REPORT.—When the Com19 mission completes its investigation of a pe20 tition, the Commission shall submit to the 

21 Secretary a report which contains the final 

22 determinations and recommendations of 

23 the Commission with respect to the peti24 tion. 

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1 (D) FORECLOSURE ACTION DEFINED.—In 

2 this paragraph, the term ‘‘foreclosure action’’ 

3 means any action or proceeding in the nature of 

4 foreclosure or acceleration of a credit obligation, 

5 and any similar action or proceeding. 

6 (2) ANNUAL REPORTS TO THE CONGRESS.— 

7 The Commission shall submit annually to the Com8 mittees on Agriculture and on Government Reform 

9 of the House of Representatives and the Committees 

10 on Agriculture, Nutrition, and Forestry and on 

11 Homeland Security and Government Affairs of the 

12 Senate a report that contains— 

13 (A) a summary of the reports submitted 

14 under paragraph (1)(C)(ii) in the period cov15 ered by the report; and 

16 (B) such legislative and administrative rec17 ommendations as may be necessary and appro18 priate to improve the credibility, accuracy, and 

19 fairness of the process for foreclosing or taking 

20 other similar action on loans made by the De21 partment of Agriculture. 

22 (c) MEMBERSHIP.— 

23 (1) NUMBER AND APPOINTMENT.— 

24 (A) IN GENERAL.—Within 180 days after 

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1 retary shall appoint 9 individuals to be the 

2 members of the Commission, as follows: 

3 (i) 3 members shall be appointed from 

4 among those who represent the interests of 

5 community-based organizations. 

6 (ii) 3 members shall be appointed 

7 from among those who represent the inter8 ests of land grant colleges and universities. 

9 (iii) 3 members shall be appointed 

10 from among those who represent the inter11 ests of local governments located in rural 

12 areas. 

13 (B) GEOGRAPHICAL DIVERSITY.—In mak14 ing appointments to the Commission, the Sec15 retary shall, to the extent practicable, ensure 

16 geographical diversity. 

17 (C) POLITICAL AFFILIATION.—Not more 

18 than 4 members appointed to the Commission 

19 may be of the same political party. 

20 (2) TERM OF OFFICE.— 

21 (A) LENGTH OF TERM.— 

22 (i) IN GENERAL.—Each Commission 

23 member shall be appointed for a term of 3 

24 years, subject to clause (ii). 

25 (ii) DISMISSAL.— 

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1 (I) CONFLICT OF INTEREST.— 

2 The term of office of a Commission 

3 member shall cease on a determina4 tion by the Secretary that continued 

5 service by the member would pose an 

6 unavoidable conflict of interest for the 

7 member. 

8 (II) 3 MISSED MEETINGS.—The 

9 term of office of a Commission mem10 ber shall cease when the member has 

11 been absent from 3 Commission meet12 ings, without being excused by the 

13 Secretary from attendance. 

14 (B) LIMITATION ON NUMBER OF TERMS.— 

15 The Secretary may not appoint an individual to 

16 be a Commission member more than twice. 

17 (C) VACANCIES.—A vacancy in the Com18 mission shall be filled in the manner in which 

19 the original appointment was made. 

20 (3) COMPENSATION.—To the extent or in the 

21 amounts provided in advance in appropriation Acts, 

22 each Commission member shall be paid at a rate 

23 equal to the minimum rate of basic pay for GS–14 

24 of the General Schedule for each day (including 

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1 travel time) during which they are engaged in the 

2 actual performance of Commission duties. 

3 (d) POWERS OF COMMISSION.— 

4 (1) HEARINGS AND SESSIONS.—The Commis5 sion may, for the purpose of carrying out this sec6 tion, hold hearings, sit and act at times and places, 

7 take testimony, and receive evidence as the Commis8 sion considers appropriate. The Commission may ad9 minister oaths or affirmations to witnesses appear10 ing before the Commission. 

11 (2) OBTAINING OFFICIAL DATA.—The Commis12 sion may secure directly from any department or 

13 agency of the United States information necessary 

14 to enable the Commission to carry out this section. 

15 On request of the Chairperson of the Commission, 

16 the head of that department or agency shall furnish 

17 that information to the Commission. 

18 (3) EXPERTS AND CONSULTANTS.—The Chair19 person of the Commission may procure temporary 

20 and intermittent services under section 3109(b) of 

21 title 5, United States Code. 

22 (4) STAFF OF FEDERAL AGENCIES.—On re23 quest of the Chairperson of the Commission, the 

24 head of any Federal department or agency may de25 tail, on a reimbursable basis, any of the personnel 

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1 of that department or agency to the Commission to 

2 assist the Commission in carrying out this section. 

3 (5) ADMINISTRATIVE SUPPORT SERVICES.—On 

4 request of the Chairman of the Commission, the Ad5 ministrator of General Services shall provide to the 

6 Commission, on a reimbursable basis, the adminis7 trative support services necessary for the Commis8 sion to carry out this section. 

9 (6) MAILS.—The Commission may use the 

10 United States mails in the same manner and under 

11 the same conditions as other departments and agen12 cies of the United States. 

13 (e) PROCEDURAL RULES.— 

14 (1) CHAIRPERSON.—The Chairperson of the 

15 Commission shall be designated by the Secretary at 

16 the time of appointment. 

17 (2) MEETINGS.— 

18 (A) HOW CALLED.—The Commission shall 

19 meet at the call of the Chairperson. 

20 (B) FREQUENCY.—While there is a case 

21 pending before the Commision, the Commission 

22 shall meet at regular intervals not less fre23 quently than 10 times every 12 months. 

24 (C) ADVANCE NOTICE.—Not less than 7 

25 days before a Commission meeting, the Commstockstill on PROD1PC66 with BILLS

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1 mission shall cause to have published in a local 

2 newspaper of record the location and time of 

3 the meeting. 

4 (D) PUBLIC MEETINGS.—Each Commis5 sion meeting shall be open to members of the 

6 public. 

7 (E) QUORUM.—5 members of the Commis8 sion shall constitute a quorum but a lesser 

9 number may hold hearings. 

10 (3) RECORDS.—The Commission shall create 

11 and maintain a record of each Commission meeting, 

12 and shall make the record available for public in13 spection. 

14 (f) TERMINATION.—The Commission shall terminate 

15 9 years after the date of the enactment of this Act. Section 

16 14(a)(2)(B) of the Federal Advisory Committee Act (5 

17 U.S.C. App.; relating to the termination of advisory com18 mittees) shall not apply to the Commission. 

19 (g) REGULATIONS.—The Secretary shall prescribe 

20 such regulations as may be necessary to carry out this 

21 section. 

22 (h) EFFECTIVE DATE.—This section shall be effec23 tive October 1, 2007. 

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1 SEC. 202. REQUIREMENT THAT FORECLOSURE NOTICES IN2 CLUDE INFORMATION ABOUT THE COMMIS3 SION. 

4 The Secretary of Agriculture shall include in any no5 tice transmitted to a socially disadvantaged farmer or 

6 rancher (as defined in section 355(e)(2) of the Consoli7 dated Farm and Rural Development Act) of any fore8 closure action (as defined in section 201(b)(1)(D) of this 

9 Act) of the Department of Agriculture with respect to a 

10 farm or ranch owned or operated by the farmer or rancher 

11 information about the USDA Minority Producer Land 

12 Preservation Commission established under section 201 of 

13 this Act, including how to submit a petition to the Com14 mission. 

15 TITLE III—OUTREACH, TRANS16 PARENCY, AND ACCOUNT17 ABILITY 

18 SEC. 301. OUTREACH, TRANSPARENCY, AND ACCOUNT19 ABILITY. 

20 Section 2501 of the Food, Agriculture, Conservation, 

21 and Trade Act of 1990 (7 U.S.C. 2279(e)) is amended— 

22 (1) in subsection (a)— 

23 (A) by striking pargraph (2) and inserting 

24 the following: 

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1 ‘‘(2) REQUIREMENTS.—The outreach and tech2 nical assistance program under paragraph (1) shall 

3 be used exclusively to— 

4 ‘‘(A) enhance coordination of the outreach, 

5 technical assistance, and education efforts au6 thorized under various agriculture programs; 

7 and 

8 ‘‘(B) assist the Secretary in— 

9 ‘‘(i) reaching socially disadvantaged 

10 farmers and ranchers and prospective so11 cially disadvantaged farmers and ranchers 

12 in a culturally and linguistically appro13 priate manner; 

14 ‘‘(ii) improving the participation of 

15 these farmers in Department programs 

16 (computed in accordance with section 

17 2501A(c)); and 

18 ‘‘(iii) calling the attention of the Sec19 retary to gaps in programs and service de20 livery that have impeded the participation 

21 of socially disadvantaged farmers and 

22 ranchers or prospective socially disadvan23 taged farmers and ranchers.’’; and 

24 (B) in paragraph (3)— 

25 (i) in subparagraph (A)— 

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1 (I) by striking ‘‘may’’ and insert2 ing ‘‘shall’’; 

3 (II) by inserting ‘‘who meets the 

4 requirements of paragraph (2)’’ after 

5 ‘‘entity’’; and 

6 (III) by striking ‘‘information’’ 

7 and inserting ‘‘outreach’’; and 

8 (ii) by adding at the end the fol9 lowing: 

10 ‘‘(D) The Secretary shall provide auto11 matic multi-year renewal of grants, contracts, 

12 and other agreements with an organization that 

13 received funding under this section before Jan14 uary 1, 1993, that continues to fulfill the re15 quirements as an eligible entity.’’; 

16 (2) in subsection (a)(4)— 

17 (A) in subparagraph (A), by striking 

18 ‘‘$25,000,000 for each of fiscal years 2002 

19 through 2007’’ and inserting ‘‘$100,000,000 

20 for each of fiscal years 2008 through 2012’’; 

21 and 

22 (B) by adding at the end the following: 

23 ‘‘(C) LIMITATION ON USE OF FUNDS FOR

24 ADMINISTRATIVE EXPENSES.—Not more than 5 

25 percent of the amounts made available under 

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1 this paragraph for a fiscal year may be used for 

2 expenses of administering the program under 

3 this section.’’; 

4 (3) in subsection (b)(1), by striking ‘‘State co5 operative extension services’’ and inserting ‘‘Natural 

6 Resource Conservation Service’’; and 

7 (4) in subsection (e)(5)(A)— 

8 (A) in clause (i), by inserting ‘‘represents 

9 and’’ before ‘‘has demonstrated’’; 

10 (B) in clause (ii)— 

11 (i) by inserting ‘‘and on behalf of’’ be12 fore ‘‘socially’’; 

13 (ii) by striking ‘‘2-year’’ and inserting 

14 ‘‘5-year’’; and 

15 (iii) by striking ‘‘and’’ at the end; and 

16 (C) by redesignating clause (iii) as clause 

17 (iv) and insertign after clause (ii) the following: 

18 ‘‘(iii) has a legitimate address and of19 fice, and a verifiable client or membership 

20 list; and’’. 

21 SEC. 302. IMPROVED DATA REQUIREMENTS. 

22 Section 2501A of the Food, Agriculture, Conserva23 tion, and Trade Act of 1990 (7 U.S.C. 2279–1) is amend24 ed by striking subsection (c) and inserting the following: 

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1 ‘‘(c) COMPILATION OF PROGRAM PARTICIPATION

2 DATA.— 

3 ‘‘(1) ANNUAL REQUIREMENT.—For each county 

4 and State in the United States, the Secretary of Ag5 riculture shall compile annually program participa6 tion rate data regarding socially disadvantaged 

7 farmers and ranchers by computing— 

8 ‘‘(A) actual numbers; and 

9 ‘‘(B) the participation rate of all farmers 

10 and ranchers according to race, ethnicity, and 

11 gender as a percentage of the total participation 

12 of all farmers and ranchers for each program of 

13 the Department of Agriculture established for 

14 farmers or ranchers. 

15 ‘‘(2) ANNUAL REPORT.—The Secretary of Agri16 culture shall provide the data required under sub17 section (c)(1) in a searchable data base with a na18 tional summary for each program and the number 

19 and rate of participation by program for each county 

20 and State. 

21 ‘‘(d) AUTHORITY TO COLLECT DATA.—The heads of 

22 the agencies of the Department of Agriculture shall collect 

23 and transmit to the Secretary of Agriculture such data 

24 as may be necessary to enable the Secretary to carry out 

25 subsection (c)(1). 

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1 ‘‘(e) LIMITATIONS ON USE OF DATA.—The Secretary 

2 of Agriculture shall not disclose the names or individual 

3 data of any program participant. The data shall be used 

4 exclusively for the purposes authorized in subsection (a) 

5 and not for the evaluation of individual applications for 

6 assistance, except as otherwise provided. 

7 ‘‘(f) DATA COMPILATION PROCEDURES.—The Sec8 retary of Agriculture shall compile data under this section 

9 by using the technologies and systems of the National Ag10 ricultural Statistical Service (NASS). NASS shall present 

11 the data, updated annually, as a searchable database, ag12 gregated by program at the county, State, and national 

13 level. The presentation of the data shall allow comparisons 

14 at each such level to the number of farms at each such 

15 level in the most recent census of agriculture.’’. 

16 SEC. 303. EXPANSION OF SUPPORT FOR HISPANIC-SERVING 

17 INSTITUTIONS. 

18 Section 1455(c) of the National Agricultural Re19 search, Extension, and Teaching Policy Act of 1977 (7 

20 U.S.C. 3241(c)) is amended by striking ‘‘$20,000,000 for 

21 each of fiscal years 1997 through 2007’’ and inserting 

22 ‘‘100,000,000 for each of fiscal years 2008 through 

23 2012’’. 

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1 TITLE IV—FARM WORKER AND 

2 COMPETITIVENESS PROVISIONS 

3 Subtitle A—Pesticides 

4 SEC. 401. PESTICIDES. 

5 (a) RECORDKEEPING AND REPORTING.— 

6 (1) AMENDMENT.—Section 1491 of the Food, 

7 Agriculture, Conservation, and Trade Act of 1990 (7 

8 U.S.C. 136i–1) is amended to read as follows: 

9 ‘‘SEC. 1491. PESTICIDE RECORDKEEPING. 

10 ‘‘(a) REQUIREMENTS.— 

11 ‘‘(1) IN GENERAL.—The Secretary of Agri12 culture, in consultation with the Administrator of 

13 the Environmental Protection Agency, shall require 

14 certified commercial applicators and private applica15 tors of pesticides (whether for general use or re16 stricted use) to maintain— 

17 ‘‘(A) records comparable to records main18 tained by commercial applicators of pesticides, 

19 as required by the State in which the pesticide 

20 is used, or 

21 ‘‘(B) if there is no State requirement for 

22 the maintenance of records, records that con23 tain the product and chemical name, the reg24 istration number assigned to the pesticide 

25 under the Federal Insecticide, Fungicide, and 

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1 Rodenticide Act, amount, date and time of ap2 plication, and location of application of each 

3 such pesticide used in agricultural production, 

4 for a period of 20 years after the pesticide is used. 

5 ‘‘(2) PROVISION OF RECORDS TO CERTAIN PER6 SONS.—Within 30 days of a pesticide application, a 

7 certified commercial applicator shall provide a copy 

8 of records maintained under paragraph (1) to the 

9 person for whom such application was provided. 

10 ‘‘(3) PROVISION OF RECORDS TO SECRETARY.— 

11 Within 30 days of a pesticide application, a certified 

12 commercial applicator or private applicator shall 

13 provide a copy of records maintained under para14 graph (1) to— 

15 ‘‘(A) any State agency designated by the 

16 State for such purpose; and 

17 ‘‘(B) the Secretary of Agriculture. 

18 ‘‘(4) MAINTENANCE BY SECRETARY.— 

19 ‘‘(A) REQUIREMENT.—Subject to subpara20 graph (B), the Secretary of Agriculture shall 

21 maintain records submitted to the Secretary 

22 under paragraph (3) for a period of at least 20 

23 years after the pesticide is used. 

24 ‘‘(B) EXCEPTION.—The Secretary of Agri25 culture is not required to maintain records purmstockstill on PROD1PC66 with BILLS

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1 suant to subparagraph (A) if the Secretary de2 termines that the State in which the pesticide 

3 is used will maintain such records for a period 

4 of at least 20 years after such use. 

5 ‘‘(b) ACCESS TO RECORDS.— 

6 ‘‘(1) IN GENERAL.—Upon request, records 

7 maintained under subsection (a) shall be made avail8 able by applicators and by the Secretary of Agri9 culture to the following: 

10 ‘‘(A) A Federal or State agency that deals 

11 with pesticide use or any health, occupational 

12 safety, or environmental issue related to the use 

13 of pesticides. 

14 ‘‘(B) Health care professionals treating 

15 persons who reasonably believe that they have 

16 been exposed to pesticides. 

17 ‘‘(C) Agricultural workers who reasonably 

18 believe they have been exposed to pesticides, 

19 their immediate family members, and their rep20 resentatives. 

21 ‘‘(D) Researchers conducting studies on 

22 pesticides, occupational safety or health, or en23 vironmental conditions. 

24 ‘‘(2) AGENCIES.—In the case of Federal agen25 cies, such access to records maintained under submstockstill on PROD1PC66 with BILLS

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1 section (a) shall be through the Secretary of Agri2 culture, or the Secretary’s designee. State agency re3 quests for access to records maintained under sub4 section (a) shall be through the lead State agency so 

5 designated by the State. 

6 ‘‘(3) HEALTH CARE PERSONNEL.—When a 

7 health professional determines that pesticide infor8 mation maintained under this section is necessary to 

9 provide medical treatment or first aid to an indi10 vidual who may have been exposed to pesticides for 

11 which the information is maintained, upon request 

12 applicators and the Secretary of Agriculture shall 

13 promptly provide applicable records maintained 

14 under subsection (a) and available label information 

15 to that health professional. In the case of an emer16 gency, such records and information shall be pro17 vided immediately. 

18 ‘‘(4) AGRICULTURAL WORKERS.—When an ag19 ricultural worker reasonably believes he or she has 

20 been exposed to pesticides, upon request applicators 

21 and the Secretary of Agriculture shall provide appli22 cable records maintained under subsection (a) to 

23 such worker, the worker’s family member, or the 

24 worker’s representative within 5 business days of the 

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1 request. In the case of an emergency, such records 

2 shall be provided immediately. 

3 ‘‘(5) RESEARCHERS.—When a researcher is 

4 conducting a study on a pesticide, occupational safe5 ty or health, or environmental conditions, upon re6 quest applicators and the Secretary of Agriculture 

7 shall provide applicable records maintained under 

8 subsection (a) to such researcher within 30 days of 

9 the request. 

10 ‘‘(c) ACCESS TO CONTACT INFORMATION.—Upon re11 quest, the person for whom a pesticide application was 

12 provided shall provide the name and contact information 

13 of the applicator to a health care professional described 

14 in subsection (b)(3) or an agricultural worker, family 

15 member, or representative described in subsection (b)(4). 

16 ‘‘(d) SURVEYS AND ANALYSES.—Each Federal agen17 cy described in subsection (b)(1)(A) shall conduct surveys 

18 and record the data from individual applicators to facili19 tate statistical analysis for environmental and agronomic 

20 purposes, but in reports based on survey data the Federal 

21 agency shall not release data, including the location from 

22 which the data was derived, that would directly or indi23 rectly reveal the identity of individual producers. 

24 ‘‘(e) PENALTY.—The Secretary of Agriculture shall 

25 be responsible for the enforcement of subsections (a), (b), 

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1 and (c). A violation of subsection (a) or (b) by an appli2 cator, or a violation of subsection (c) by a person described 

3 in such subsection, shall— 

4 ‘‘(1) in the case of the first offense, be subject 

5 to a fine of not more than $ 1,000; and 

6 ‘‘(2) in the case of subsequent offenses, be sub7 ject to a fine of not less than $ 2,000 for each viola8 tion, except that the penalty shall be less than 

9 $1,000 if the Secretary determines that the appli10 cator or person made a good faith effort to comply 

11 with such subsection. 

12 ‘‘(f) FEDERAL OR STATE PROVISIONS.—The require13 ments of this section shall not affect provisions of other 

14 Federal or State laws. 

15 ‘‘(g) SURVEYS AND REPORTS.—The Secretary of Ag16 riculture and the Administrator of the Environmental Pro17 tection Agency shall survey the records maintained under 

18 subsection (a) to develop and maintain a database that 

19 is sufficient to enable the Secretary and the Administrator 

20 to publish comprehensive reports, at least on an annual 

21 basis, concerning agricultural and nonagricultural pes22 ticide use. The Secretary and Administrator shall enter 

23 into a memorandum of understanding to define their re24 spective responsibilities under this subsection in order to 

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1 avoid duplication of effort. Such reports shall be trans2 mitted to Congress not later than April 1 of each year. 

3 ‘‘(h) REGULATIONS.—The Secretary of Agriculture 

4 and the Administrator of the Environmental Protection 

5 Agency shall promulgate revised regulations on their re6 spective areas of responsibility implementing this section 

7 not later than 180 days after the enactment of the NOUR8 ISH Act of 2007.’’. 

9 (2) EFFECTIVE DATE.—The amendment made 

10 by paragraph (1) takes effect on the date that is 

11 180 days after the enactment of the NOURISH Act 

12 of 2007. 

13 (b) INCLUSION OF LONG-TERM ADVERSE HEALTH

14 EFFECTS IN LABELING.—Paragraph (2) of section 2(q) 

15 of the Federal Insecticide, Fungicide, and Rodenticide Act 

16 (7 U.S.C. 136(q)) is amended— 

17 (1) in subparagraph (C), by striking ‘‘and’’ at 

18 the end; 

19 (2) in subparagraph (D)(iii), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(E) the pesticide is registered for an agri23 cultural use and its labeling does not include in24 formation on long-term adverse health effects 

25 associated with exposure to the pesticide, such 

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1 as cancer in individuals so exposed and their 

2 children, birth defects, adverse reproductive ef3 fects such as infertility or still births, and neu4 rological damage.’’. 

5 (c) RESEARCH BY CDC.— 

6 (1) INCREASED RISKS AMONG FARM WORK7 ERS.— 

8 (A) IN GENERAL.—The Director of the 

9 Centers for Disease Control and Prevention 

10 shall conduct or support research on increased 

11 risks of cancer or birth defects among farm 

12 workers who have occupational exposure to pes13 ticide and their children. 

14 (B) AUTHORIZATION OF APPROPRIA15 TIONS.—To carry out this paragraph, there is 

16 authorized to be appropriated $5,000,000 for 

17 fiscal year 2008. 

18 (2) BIOLOGICAL INDICATORS AND CLINICAL

19 TESTS.— 

20 (A) IN GENERAL.—The Director of the 

21 Centers for Disease Control and Prevention 

22 shall conduct or support research to identify ob23 jective biological indicators, and to develop new 

24 and additional inexpensive clinical tests, to enmstockstill on PROD1PC66 with BILLS

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1 able clinicians to diagnose overexposure to pes2 ticides. 

3 (B) AUTHORIZATION OF APPROPRIA4 TIONS.—To carry out this paragraph, there is 

5 authorized to be appropriated $5,000,000 for 

6 fiscal year 2008. 

7 (d) RESEARCH BY USDA.— 

8 (1) IN GENERAL.—The Secretary of Agriculture 

9 shall conduct or support research on alternatives to 

10 agricultural pesticides that have been associated 

11 with cancer, birth defects, adverse reproductive ef12 fects, or severe neurological disorders in animal 

13 studies or epidemiological research. 

14 (2) AUTHORIZATION OF APPROPRIATIONS.—To 

15 carry out this subsection, there is authorized to be 

16 appropriated $5,000,000 for fiscal year 2008. 

17 (e) RESEARCH BY EPA.— 

18 (1) IN GENERAL.—The Administrator of the 

19 Environmental Protection Agency shall conduct or 

20 support research to develop field level tests to deter21 mine when pesticide-treated fields are safe to reen22 ter. 

23 (2) AUTHORIZATION OF APPROPRIATIONS.—To 

24 carry out this subsection, there is authorized to be 

25 appropriated $7,500,000 for fiscal year 2008. 

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1 Subtitle B—Office of Farmworker 

2 Coordination 

3 SEC. 411. OFFICE OF FARMWORKER COORDINATION. 

4 (a) ESTABLISHMENT.—The Secretary of Agriculture 

5 shall establish, within the Office of Civil Rights and Com6 munity Outreach of the Risk Management Agency of the 

7 Department of Agriculture, an office of Farmworker Co8 ordination, which shall be led by the USDA Farmworker 

9 Coordinator 

10 (b) DUTIES.—The Secretary may delegate to the 

11 USDA Farmworker Coordinator responsibility for any or 

12 all of the following: 

13 (1) Administering the program established by 

14 section 2281 of the Food, Agriculture, Conservation, 

15 and Trade Act of 1990 (42 U.S.C. 5177a), as 

16 amended by section 421, providing for emergency 

17 grants to assist low-income migrant and seasonal 

18 farmworkers. 

19 (2) Serving as a liaison to community based 

20 non-profit organizations who represent and have at 

21 least 3 years experience serving low income migrant 

22 and seasonal farmworkers. 

23 (3) Conducting field visits in those areas the 

24 Secretary considers to have the most risk of disasmstockstill on PROD1PC66 with BILLS

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1 ters or the greatest concentration of farm workers, 

2 or both. 

3 (4) Providing the Secretary with a regular as4 sessment of all current Department of Agriculture 

5 programs that serve or affect low-income and mi6 grant seasonal farmworkers, and of improvements 

7 that can be made to these programs and services. 

8 (5) Coordinating with the Department and 

9 other Federal agencies to assure that farmworker 

10 needs are assessed and met during declared disas11 ters and other emergencies. 

12 (6) Coordinating with State and local agencies 

13 as needed in times of disaster to assure farmworker 

14 needs are assessed and met. 

15 (7) Coordinating with the USDA Small Farms 

16 Working Groups, Outreach Coordinators, and other 

17 entities to better integrate farmworker perspectives, 

18 concerns and interests into the ongoing programs of 

19 the Department. 

20 (8) Consulting with minority serving institu21 tions referred to in section 105(c) on research, pro22 gram improvements or agricultural education oppor23 tunities that may assist low-income and migrant sea24 sonal farmworkers 

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1 (9) Ensuring that necessary and appropriate 

2 components relating to migrant and seasonal farm3 workers are properly incorporated into all strategic 

4 planning initiatives of the Department. 

5 (10) Assuring that farmworkers have access to 

6 services and support to enter agriculture as pro7 ducers. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such funds as are nec10 essary for the efficient management of the Farmworker 

11 Coordination Office. 

12 Subtitle C—Major Disaster 

13 Assistance Programs 

14 SEC. 421. EMERGENCY GRANTS TO ASSIST LOW-INCOME MI15 GRANT AND SEASONAL FARMWORKERS. 

16 Section 2281 of the Food, Agriculture, Conservation, 

17 and Trade Act of 1990 (42 U.S.C. 5177a) is amended 

18 to read as follows: 

19 ‘‘SEC. 2281. EMERGENCY GRANTS TO ASSIST LOW-INCOME 

20 MIGRANT AND SEASONAL FARMWORKERS. 

21 ‘‘(a) GRANTS AVAILABLE.—The Secretary of Agri22 culture may make grants to public agencies or private or23 ganizations with tax exempt status under section 

24 501(c)(3) of 1986 that have at least 5 years demonstrated 

25 experience in providing emergency services to low-income 

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1 migrant and seasonal farmworkers where the Secretary 

2 determines that a local, State or national emergency or 

3 disaster has caused low-income migrant or seasonal farm4 workers to lose income, to be unable to work, or to stay 

5 home or return home in anticipation of work shortages. 

6 Emergency services to be provided with assistance received 

7 under this section shall be focused on aid to allow farm8 workers to meet or access other resources to meet short9 term emergency family needs for food, clothing, employ10 ment, transportation and housing assistance necessary to 

11 allow low income and migrant seasonal farmworkers to re12 main in the disaster area and may include such other 

13 types of assistance as the Secretary of Agriculture deter14 mines to be necessary and appropriate. 

15 ‘‘(b) LOW-INCOME MIGRANT OR SEASONAL FARM16 WORKER DEFINED.—For the purposes of this section, the 

17 term ‘low-income migrant or seasonal farmworker’ means 

18 an individual— 

19 ‘‘(1) who has, during any consecutive 12 month 

20 period within the preceding 24 month period, per21 formed farm work for wages; 

22 ‘‘(2) who has received not less than one-half of 

23 such individual’s total income, or been employed at 

24 least one-half of total work time in farm work; and 

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1 ‘‘(3) whose annual family income within the 12 

2 month period referred to in paragraph (1) does not 

3 exceed the higher of the poverty level or 70 percent 

4 of the lower living standard income level. 

5 ‘‘(c) DISASTER FUND.—The Secretary shall maintain 

6 a disaster fund of $2,000,000 to be used for immediate 

7 assistance for events described in subsection (a). Of the 

8 funds of the Commodity Credit Corporation, the Secretary 

9 shall make available such sums as are necessary to main10 tain the disaster fund at $2,000,000 for each of fiscal 

11 years 2008 through 2013. 

12 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In ad13 dition to the sums allocated in subsection (c), there are 

14 authorized to be appropriated such sums as may be nec15 essary to carry out this section. The Secretary shall review 

16 the impact of disasters on low-income migrant or seasonal 

17 farmworkers in each disaster for which supplemental 

18 funds are requested in order to request additional funds 

19 to meet the needs described in subsection (a) with respect 

20 to such disaster. 

21 ‘‘(e) ADMINISTRATION.—Not more than 10 percent 

22 of the funds provided under subsections (c) and (d) may 

23 be used by the Secretary to administer this section.’’. 

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1 Subtitle D—Agricultural Fair 

2 Practices 

3 SEC. 431. AGRICULTURAL FAIR PRACTICES. 

4 The Agricultural Fair Practices Act of 1967 (7 

5 U.S.C. 2301 et seq.) is amended to read as follows: 

6 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

7 ‘‘(a) IN GENERAL.—This Act may be cited as the 

8 ‘Agricultural Fair Practices Act of 1967’. 

9 ‘‘(b) TABLE OF CONTENTS.—The table of contents 

10 of this Act is as follows: 

‘‘Sec. 1. Short title; table of contents. 

‘‘Sec. 2. Definitions. 

‘‘TITLE I—AGRICULTURAL TRADE PRACTICES 

‘‘Sec. 101. Office of Special Counsel for Competition Matters. 

‘‘TITLE II—PROHIBITIONS ON ANY UNFAIR, UNJUSTLY DISCRIMINATORY, OR DECEPTIVE ACT, DEVICE, OR ANTI-COMPETITIVE 

PRACTICE IN AGRICULTURAL COMMERCE 

‘‘Sec. 201. Prohibitions involving crops. 

‘‘Sec. 202. Prohibitions involving producer associations and production contracts. 

‘‘Sec. 203. Production contracts and marketing contracts. 

‘‘Sec. 204. Production contracts. 

‘‘Sec. 205. Authority of Secretary to promulgate rules and regulations. 

‘‘Sec. 206. Enforcement. 

‘‘Sec. 207. Effect on other laws. 

‘‘Sec. 208. Assignment of association dues and fees. 

‘‘Sec. 209. Severability. 

11 ‘‘SEC. 2. DEFINITIONS. 

12 ‘‘In this Act: 

13 ‘‘(1) AGRICULTURAL COMMODITY.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), the term ‘agricultural com16 modity’ has the meaning given the term in secmstockstill on PROD1PC66 with BILLS

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1 tion 102 of the Agricultural Trade Act of 1978 

2 (7 U.S.C. 5602). 

3 ‘‘(B) EXCEPTION.—In section 201, the 

4 term ‘agricultural commodity’— 

5 ‘‘(i) means a crop; and 

6 ‘‘(ii) does not include a perishable ag7 ricultural commodity, as that term is de8 fined in section 1(b) of the Perishable Ag9 ricultural Commodities Act, 1930 (7 

10 U.S.C. 499a(b)). 

11 ‘‘(2) AGRICULTURAL COOPERATIVE.—The term 

12 ‘agricultural cooperative’ means an association of 

13 persons engaged in the production, marketing, or 

14 processing of an agricultural commodity that meets 

15 the requirements of the Act entitled ‘An Act to au16 thorize association of producers of agricultural prod17 ucts’ (commonly known as the ‘Capper-Volstead 

18 Act’) (7 U.S.C. 291 et seq.). 

19 ‘‘(3) ASSOCIATION OF PRODUCERS.— 

20 ‘‘(A) IN GENERAL.—The term ‘association 

21 of producers’ means an association of producers 

22 of agricultural commodities that engages in the 

23 marketing, bargaining, shipping, or processing 

24 of agricultural commodities or of agricultural 

25 services. 

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1 ‘‘(B) INCLUSIONS.—The term ‘association 

2 of producers’ includes— 

3 ‘‘(i) an organization dedicated to pro4 moting the common interest and general 

5 welfare of producers of agricultural com6 modities; 

7 ‘‘(ii) a cooperative association (as de8 fined in section 15(a) of the Agricultural 

9 Marketing Act (12 U.S.C. 1141j(a))); and 

10 ‘‘(iii) an association described in the 

11 first section of the Act entitled ‘An Act to 

12 authorize association of producers of agri13 cultural products’ (commonly known as the 

14 ‘Capper-Volstead Act’) (7 U.S.C. 291). 

15 ‘‘(4) CAPITAL INVESTMENT.—The term ‘capital 

16 investment’ means an investment in— 

17 ‘‘(A) a structure, such as a building or ma18 nure storage structure; or 

19 ‘‘(B) machinery or equipment associated 

20 with producing an agricultural commodity that 

21 has a useful life of more than 1 year. 

22 ‘‘(5) COMMISSION MERCHANT.—The term ‘com23 mission merchant’ means any person engaged in the 

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1 merce any agricultural commodity for sale on com2 mission. 

3 ‘‘(6) CONTRACT LIVESTOCK FACILITY.—The 

4 term ‘contract livestock facility’ means a facility in 

5 which livestock or a product of live livestock is pro6 duced under a production contract by a contract 

7 producer. 

8 ‘‘(7) CONTRACTOR.—The term ‘contractor’ 

9 means a person that, in accordance with a produc10 tion contract, owns, or will own, an agricultural 

11 commodity that is produced by a contract producer. 

12 ‘‘(8) CONTRACT PRODUCER.—The term ‘con13 tract producer’ means a producer that produces an 

14 agricultural commodity under a production contract. 

15 ‘‘(9) COVERED PERSON.—The term ‘covered 

16 person’ means a dealer, handler, contractor, proc17 essor, or commission merchant. 

18 ‘‘(10) CROP.—The term ‘crop’ means an agri19 cultural commodity produced from a plant. 

20 ‘‘(11) DEALER.—The term ‘dealer’ means any 

21 person engaged in the business of buying, selling, or 

22 marketing agricultural commodities in interstate or 

23 foreign commerce. 

24 ‘‘(12) DEPARTMENT.—The term ‘Department’ 

25 means the Department of Agriculture. 

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1 ‘‘(13) HANDLER.—The term ‘handler’ means 

2 any person engaged in the business or practice of— 

3 ‘‘(A) acquiring agricultural commodities 

4 from producers or associations of producers for 

5 processing or sale; 

6 ‘‘(B) grading, packaging, handling, storing, 

7 or processing agricultural commodities received 

8 from producers or associations of producers; 

9 ‘‘(C) contracting or negotiating contracts 

10 or other arrangements, written or oral, with or 

11 on behalf of producers or associations of pro12 ducers with respect to the production or mar13 keting of any agricultural commodity; or 

14 ‘‘(D) acting as an agent or broker for a 

15 handler in the performance of any function or 

16 act described in subparagraph (A), (B), or (C). 

17 ‘‘(14) INVESTMENT REQUIREMENT.—The term 

18 ‘investment requirement’ means a provision in a pro19 duction contract that requires a contract producer to 

20 make a capital investment associated with producing 

21 an agricultural commodity that, but for the produc22 tion contract, the contract producer would not have 

23 made. 

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1 ‘‘(15) LIVESTOCK.—The term ‘livestock’ has 

2 the meaning given the term in section 602 of the 

3 Agricultural Act of 1949 (7 U.S.C. 1471). 

4 ‘‘(16) MARKETING CONTRACT.—The term ‘mar5 keting contract’ means a written agreement between 

6 a covered person and a producer for the purchase of 

7 an agricultural commodity produced or raised by the 

8 producer. 

9 ‘‘(17) PERSON.—The term ‘person’ includes an 

10 individual, partnership, corporation, limited liability 

11 company, limited partnership, or association. 

12 ‘‘(18) PROCESSOR.—The term ‘processor’ 

13 means— 

14 ‘‘(A) any person (other than an agricul15 tural cooperative) engaged in the business of 

16 handling, preparing, or manufacturing (includ17 ing slaughtering) an agricultural commodity or 

18 the products of an agricultural commodity for 

19 sale or marketing in interstate or foreign com20 merce; and 

21 ‘‘(B) an agricultural cooperative that han22 dles, prepares, or manufactures (including 

23 slaughtering) agricultural commodities of its 

24 members’ own production. 

25 ‘‘(19) PRODUCE.—The term ‘produce’ means— 

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1 ‘‘(A) to provide feed or services relating to 

2 the care and feeding of livestock, including 

3 milking dairy cattle and storing raw milk; or 

4 ‘‘(B) to plant, raise, harvest, and store a 

5 crop, including preparing soil for planting and 

6 applying a fertilizer, soil conditioner, or pes7 ticide to a crop. 

8 ‘‘(20) PRODUCER.—The term ‘producer’ means 

9 a person engaged in the production of an agricul10 tural commodity as a farmer, planter, rancher, 

11 dairyman, poultryman, or fruit, vegetable, or nut 

12 grower. 

13 ‘‘(21) PRODUCTION CONTRACT.— 

14 ‘‘(A) IN GENERAL.—The term ‘production 

15 contract’ means a written agreement that pro16 vides for— 

17 ‘‘(i) the production of an agricultural 

18 commodity by a contract producer; or 

19 ‘‘(ii) the provision of a management 

20 service relating to the production of an ag21 ricultural commodity by a contract pro22 ducer. 

23 ‘‘(B) INCLUSIONS.—The term ‘production 

24 contract’ includes— 

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1 ‘‘(i) a contract between a contractor 

2 and a contract producer for the production 

3 of an agricultural commodity; or 

4 ‘‘(ii) a contract between a contractor 

5 and a contract producer for the provision 

6 of a management service in the production 

7 of an agricultural commodity. 

8 ‘‘(22) SECRETARY.—The term ‘Secretary’ 

9 means the Secretary of Agriculture. 

10 ‘‘TITLE I—AGRICULTURAL 

11 TRADE PRACTICES 

12 ‘‘SEC. 101. OFFICE OF SPECIAL COUNSEL FOR COMPETI13 TION MATTERS. 

14 ‘‘(a) ESTABLISHMENT.— 

15 ‘‘(1) IN GENERAL.—There is established within 

16 the Department an office to be known as the ‘Office 

17 of Special Counsel for Competition Matters’. 

18 ‘‘(2) DUTIES.—The Office shall— 

19 ‘‘(A) investigate and prosecute violations of 

20 this Act and the Packers and Stockyards Act, 

21 1921 (7 U.S.C. 181 et seq.); 

22 ‘‘(B) serve as a liaison between, and act in 

23 consultation with, the Department and the De24 partment of Justice and the Federal Trade 

25 Commission with respect to competition and 

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1 trade practices in the food and agricultural sec2 tor; and 

3 ‘‘(C) maintain a staff of attorneys and 

4 other professionals with the appropriate exper5 tise. 

6 ‘‘(b) SPECIAL COUNSEL FOR COMPETITION MAT7 TERS.— 

8 ‘‘(1) IN GENERAL.—The Office shall be headed 

9 by the Special Counsel for Competition Matters, who 

10 shall be appointed by the President, by and with the 

11 advice and consent of the Senate. 

12 ‘‘(2) PROSECUTORIAL AUTHORITY.—Notwith13 standing title 28, United States Code, the Special 

14 Counsel for Competition Matters shall have the au15 thority to bring any civil or administrative action au16 thorized under this Act or the Packers and Stock17 yards Act, 1921 (7 U.S.C. 181 et seq.). 

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1 ‘‘TITLE II—PROHIBITIONS ON 

2 ANY UNFAIR, UNJUSTLY DIS3 CRIMINATORY, OR DECEP4 TIVE ACT, DEVICE, OR ANTI5 COMPETITIVE PRACTICE IN 

6 AGRICULTURAL COMMERCE 

7 ‘‘SEC. 201. PROHIBITIONS INVOLVING CROPS. 

8 ‘‘(a) PROHIBITION ON ANY UNFAIR, UNJUSTLY DIS9 CRIMINATORY, OR DECEPTIVE ACT, DEVICE, OR ANTI10 COMPETITIVE PRACTICE.—Any unfair, unjustly discrimi11 natory, or deceptive act, device, or anti-competitive prac12 tice in or affecting the marketing, receiving, purchasing, 

13 sale, or contracting for the production of any agricultural 

14 commodity by any covered person shall be unlawful. 

15 ‘‘(b) OTHER UNLAWFUL ACTS.—It shall be unlawful 

16 for any covered person— 

17 ‘‘(1) to make or give any undue or unreasonable 

18 preference or advantage to any particular person or 

19 locality in any respect, or subject any particular per20 son or locality to any undue or unreasonable preju21 dice or disadvantage in any respect; 

22 ‘‘(2) to sell or otherwise transfer to or for any 

23 other person, or buy or otherwise receive from or for 

24 any other person, any article for the purpose or with 

25 the effect of manipulating or controlling prices, or of 

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1 creating a monopoly in the acquisition of, buying, 

2 selling, or dealing in, any article, or of restraining 

3 commerce; 

4 ‘‘(3) to engage in any course of business or do 

5 any act for the purpose or with the effect or manip6 ulating or controlling prices, or of creating a monop7 oly in the acquisition of, buying, selling, or dealing 

8 in, any article, or of restraining commerce; 

9 ‘‘(4) to conspire, combine, agree, or arrange 

10 with any other person— 

11 ‘‘(A) to apportion territory for carrying on 

12 business; 

13 ‘‘(B) to apportion purchases or sales of 

14 any article; or 

15 ‘‘(C) to manipulate or control prices; or 

16 ‘‘(5) to conspire, combine, agree, or arrange 

17 with any other person to do, or aid or abet the doing 

18 of, any act made unlawful by paragraph (1), (2), 

19 (3), or (4). 

20 ‘‘(c) PUBLIC POLICY CONSIDERATIONS.—In deter21 mining whether an act, device, or anti-competitive practice 

22 described in subsection (a) is unfair, a court may consider 

23 whether— 

24 ‘‘(1) a reasonable person would consider the 

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1 cumstances, whether or not the act, device, or prac2 tice has previously been found unlawful; or 

3 ‘‘(2) the act, device, or practice may violate 

4 standards established by Federal or State law (in5 cluding common law and regulations). 

6 ‘‘SEC. 202. PROHIBITIONS INVOLVING PRODUCER ASSOCIA7 TIONS AND PRODUCTION CONTRACTS. 

8 ‘‘(a) ANY UNLAWFUL ACT INVOLVING PRODUCER

9 ASSOCIATIONS AND PRODUCTION CONTRACTS.—It shall 

10 be unlawful for any covered person— 

11 ‘‘(1)(A) to interfere with, restrain, or coerce 

12 any producer in the exercise of the right of the pro13 ducer to join and belong to, or to refrain from join14 ing or belonging to, an association of producers; or 

15 ‘‘(B) to refuse to deal with any producer be16 cause of the exercise of the right of the producer to 

17 join and belong to the association; 

18 ‘‘(2) to discriminate against any producer with 

19 respect to price, quantity, quality, or other terms of 

20 purchase, acquisition, or other handling of an agri21 cultural commodity because of the membership of 

22 the producer in, or the contract of the producer 

23 with, an association of producers; 

24 ‘‘(3) to coerce or intimidate any producer to 

25 enter into, maintain, breach, cancel, or terminate a 

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1 membership agreement or marketing contract with 

2 an association of producers or a contract with a cov3 ered person; 

4 ‘‘(4) to pay or loan money, give any thing of 

5 value, or offer any other inducement or reward to a 

6 producer for refusing to or ceasing to belong to an 

7 association of producers; 

8 ‘‘(5) to make false reports about the finances, 

9 management, or activities of an association of pro10 ducers or covered persons; 

11 ‘‘(6) to conspire, combine, agree, or arrange 

12 with any other person to do, or aid or abet the per13 formance of, any act made unlawful by this Act; 

14 ‘‘(7)(A) to interfere with the formation or ad15 ministration of any association of producers; or 

16 ‘‘(B) to contribute financial or other support to 

17 an association of producers; or 

18 ‘‘(8) to fail to bargain in good faith with an as19 sociation of producers. 

20 ‘‘(b) ANY UNLAWFUL ACT IN PRODUCTION CON21 TRACTS.—It shall be unlawful for a covered person that 

22 is a party to a production contract— 

23 ‘‘(1) to fail to act in good faith with respect to 

24 the performance and enforcement of the production 

25 contract; 

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1 ‘‘(2) to fail to include 1 or more cover pages 

2 that disclose provisions of the production contract 

3 relating to— 

4 ‘‘(A) duration; 

5 ‘‘(B) termination; 

6 ‘‘(C) renewal and renegotiation standards; 

7 ‘‘(D) responsibility for environmental dam8 age; 

9 ‘‘(E) factors to be used in determining 

10 payment; 

11 ‘‘(F) responsibility for obtaining and com12 plying with Federal, State, and local permits; 

13 ‘‘(G) assignability; 

14 ‘‘(H) the applicable State law and venue; 

15 ‘‘(I) the effect of oral modifications; 

16 ‘‘(J) remedies for breach; 

17 ‘‘(K) in the case of a livestock or poultry 

18 production contract, the minimum number of 

19 animals subject to the contract; 

20 ‘‘(L) other rules or provisions incorporated 

21 in the contract by reference; and 

22 ‘‘(M) any other terms that the Secretary 

23 determines to be appropriate for disclosure; or 

24 ‘‘(3) to violate any of the requirements relating 

25 to production contracts under section 204. 

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1 ‘‘(c) PUBLIC POLICY CONSIDERATIONS.—In deter2 mining whether an act, device, or anti-competitive practice 

3 described in section 201(a), with respect to the production 

4 of an agricultural commodity, is unfair, a court may con5 sider whether— 

6 ‘‘(1) a reasonable person would consider the 

7 act, device, or practice unfair under the cir8 cumstances, whether or not the act, device, or prac9 tice has previously been found unlawful; or 

10 ‘‘(2) the act, device, or practice may violate 

11 standards established by Federal or State law (in12 cluding common law and regulations). 

13 ‘‘SEC. 203. PRODUCTION CONTRACTS AND MARKETING 

14 CONTRACTS. 

15 ‘‘(a) CONFIDENTIALITY.—Any provision of a produc16 tion contract or a marketing contract that requires that 

17 the production contract or marketing contract remain con18 fidential is void, except as the provision applies to a trade 

19 secret to which section 552 of title 5, United States Code, 

20 applies. 

21 ‘‘(b) ARBITRATION.—If a livestock or poultry con22 tract or marketing contract provides for the use of arbitra23 tion to resolve a controversy under the livestock or poultry 

24 contract or marketing contract, arbitration may be used 

25 to settle the controversy only if, after the controversy 

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1 arises, both parties consent in writing to use arbitration 

2 to settle the controversy. 

3 ‘‘SEC. 204. PRODUCTION CONTRACTS. 

4 ‘‘(a) RIGHT OF CONTRACT PRODUCERS TO CANCEL

5 PRODUCTION CONTRACTS.— 

6 ‘‘(1) IN GENERAL.—A contract producer may 

7 cancel a production contract by mailing a cancella8 tion notice to the contractor not later than the later 

9 of— 

10 ‘‘(A) the date that is 3 business days after 

11 the date on which the production contract is ex12 ecuted; or 

13 ‘‘(B) any cancellation date specified in the 

14 production contract. 

15 ‘‘(2) DISCLOSURE.—A production contract shall 

16 clearly disclose— 

17 ‘‘(A) the right of the contract producer to 

18 cancel the production contract; 

19 ‘‘(B) the method by which the contract 

20 producer may cancel the production contract; 

21 and 

22 ‘‘(C) the deadline for canceling the produc23 tion contract. 

24 ‘‘(b) PRODUCTION CONTRACTS INVOLVING INVEST25 MENT REQUIREMENTS.— 

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1 ‘‘(1) APPLICABILITY.—This subsection applies 

2 only to a production contract between a contract 

3 producer and a contractor if, but for the production 

4 contract, the contract producer would not have made 

5 a capital investment of $100,000 or more. 

6 ‘‘(2) RESTRICTIONS ON CONTRACT TERMI7 NATION.— 

8 ‘‘(A) NOTICE OF TERMINATION.—Except 

9 as provided in subparagraph (C), a contractor 

10 shall not terminate or cancel a production con11 tract unless the contractor provides the contract 

12 producer with written notice of the intention of 

13 the contractor to terminate or cancel the pro14 duction contract at least 180 days before the ef15 fective date of the termination or cancellation. 

16 ‘‘(B) REQUIREMENTS.—The written notice 

17 required under subparagraph (A) shall include 

18 alleged causes of the termination. 

19 ‘‘(C) EXCEPTIONS.—A contractor may ter20 minate or cancel a production contract without 

21 notice as required under subparagraph (A) if 

22 the basis for the termination or cancellation 

23 is— 

24 ‘‘(i) a voluntary abandonment of the 

25 contractual relationship by the contract 

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1 producer, such as a complete failure of the 

2 contract producer to perform under the 

3 production contract; 

4 ‘‘(ii) the conviction of the contract 

5 producer of an offense of fraud or theft 

6 committed against the contractor; or 

7 ‘‘(iii) the natural end of the produc8 tion contract in accordance with the terms 

9 of the production contract. 

10 ‘‘(D) RIGHT TO CURE.— 

11 ‘‘(i) IN GENERAL.—If, not later than 

12 180 days after the date on which the con13 tract producer receives written notice 

14 under subparagraph (A), the contract pro15 ducer remedies each cause of the breach of 

16 contract alleged in the written notice, the 

17 contractor may not terminate or cancel a 

18 production contract under this paragraph. 

19 ‘‘(ii) NO ADMISSION OF BREACH.— 

20 The remedy or attempt to remedy the 

21 causes for the breach of contract by the 

22 contract producer under clause (i) does not 

23 constitute an admission of breach of con24 tract. 

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1 ‘‘(c) ADDITIONAL CAPITAL INVESTMENTS IN PRO2 DUCTION CONTRACTS.— 

3 ‘‘(1) IN GENERAL.—A covered person shall not 

4 require a contract producer to make additional cap5 ital investments in connection with a production con6 tract that exceed the initial investment requirements 

7 of the production contract. 

8 ‘‘(2) EXCEPTIONS.—Notwithstanding para9 graph (1), a covered person may require additional 

10 capital investments if— 

11 ‘‘(A) the additional capital investments are 

12 offset by reasonable additional consideration, 

13 including compensation or a modification to the 

14 terms of the production contract; and 

15 ‘‘(B) the contract producer agrees in writ16 ing that there is acceptable and satisfactory 

17 consideration for the additional capital invest18 ment. 

19 ‘‘SEC. 205. AUTHORITY OF SECRETARY TO PROMULGATE 

20 RULES AND REGULATIONS. 

21 ‘‘The Secretary, acting through the Special Counsel 

22 for Competition Matters, may promulgate such rules and 

23 regulations as are necessary to carry out this Act and the 

24 Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), 

25 including rules and regulations— 

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1 ‘‘(1) relating to unfair, unjustly discriminatory, 

2 or deceptive acts, devices, or anti-competitive prac3 tices in agriculture; 

4 ‘‘(2) that define with specificity any act, device, 

5 or practice that is to be prohibited as unfair, un6 justly discriminatory, or any deceptive act, device, or 

7 anti-competitive practice in agriculture under section 

8 201 or 202; and 

9 ‘‘(3) to prevent any unfair, unjustly discrimina10 tory, or deceptive act, device, or anti-competitive 

11 practice from occurring in agriculture. 

12 ‘‘SEC. 206. ENFORCEMENT. 

13 ‘‘(a) CIVIL ACTIONS BY THE SECRETARY AGAINST

14 COVERED PERSONS.—In any case in which the Secretary 

15 has reasonable cause to believe that any covered person 

16 has engaged in any act or practice that violates this Act, 

17 the Secretary may bring a civil action in the United States 

18 district court of the jurisdiction of residence of the covered 

19 person by filing a complaint requesting preventive relief, 

20 including an application for a permanent or temporary in21 junction, restraining order, or other order, against the cov22 ered person. 

23 ‘‘(b) CIVIL ACTIONS AGAINST COVERED PERSONS.— 

24 ‘‘(1) PREVENTIVE RELIEF.— 

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1 ‘‘(A) IN GENERAL.—In any case in which 

2 any covered person has engaged, or there are 

3 reasonable grounds to believe that any covered 

4 person is about to engage, in any act or prac5 tice prohibited by this Act, a civil action for 

6 preventive relief, including an application for a 

7 permanent or temporary injunction, restraining 

8 order, or other order, may be instituted by the 

9 person aggrieved in the United States district 

10 court of the jurisdiction of residence of the ag11 grieved person. 

12 ‘‘(B) SECURITY.—The court may provide 

13 that no restraining order or preliminary injunc14 tion shall issue unless security is provided by 

15 the applicant, in such sum as the court deter16 mines to be appropriate, for the payment of 

17 such costs and damages as may be incurred or 

18 suffered by any party that is found to have 

19 been wrongfully enjoined or restrained. 

20 ‘‘(2) DAMAGES.— 

21 ‘‘(A) IN GENERAL.—Any person injured in 

22 the business or property of the person by rea23 son of any violation of, or combination or con24 spiracy to violate, this Act may bring a civil ac25 tion in the United States district court of the 

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1 jurisdiction of residence of the injured person 

2 or any State court of competent jurisdiction to 

3 recover— 

4 ‘‘(i) damages sustained by the person 

5 as a result of the violation; and 

6 ‘‘(ii) any additional penalty that the 

7 court may allow, but not more than $1,000 

8 per violation. 

9 ‘‘(B) LIMITATION ON ACTIONS.—A civil ac10 tion under subparagraph (A) shall be barred 

11 unless commenced within 4 years after the 

12 cause of action accrues. 

13 ‘‘(3) ATTORNEYS’ FEES.—In any action com14 menced under paragraph (1) or (2), the court may 

15 allow the prevailing party the costs of the litigation, 

16 including reasonable attorneys’ fees. 

17 ‘‘(c) JURISDICTION OF DISTRICT COURTS.—Not later 

18 than 4 years after the date on which a violation of this 

19 Act occurs, an action to enforce this Act may be brought 

20 in— 

21 ‘‘(1) the United States district court of the ju22 risdiction of residence of the aggrieved person, not23 withstanding the fact that an aggrieved person has 

24 not exhausted all administrative or other remedies 

25 provided by law; or 

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1 ‘‘(2) any other court of competent jurisdiction 

2 in the State of residence of the aggrieved person. 

3 ‘‘(d) CHOICE OF LAW, JURISDICTION, AND VENUE.— 

4 ‘‘(1) CHOICE OF LAW.—Any provision in a pro5 duction contract requiring the application of the law 

6 of a State other than the State in which the pro7 ducer resides is void and unenforceable. 

8 ‘‘(2) JURISDICTION.—A covered person that en9 ters into a production contract with a producer shall 

10 be subject to personal jurisdiction in the State in 

11 which the producer resides. 

12 ‘‘(3) VENUE.—Venue shall be determined on 

13 the basis of the residence of the producer. 

14 ‘‘(e) LIABILITY FOR ACTS OF AGENTS.—In the con15 struction and enforcement of this Act, the act, omission, 

16 or failure of any officer, agent, or person acting for or 

17 employed by any other person within the scope of the em18 ployment or office of the officer, agent, or person, shall 

19 be considered to be the act, omission, or failure of the 

20 other person. 

21 ‘‘SEC. 207. EFFECT ON OTHER LAWS. 

22 ‘‘(a) STATE LAWS.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 this Act does not annul, alter, or affect, or exempt 

25 any person subject to this Act from complying with, 

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1 the law of any State with respect to trade practices 

2 in agriculture. 

3 ‘‘(2) EXCEPTION.— 

4 ‘‘(A) IN GENERAL.—This Act annuls, al5 ters, or affects, or exempts a person from, a 

6 State law referred to in paragraph (1) to the 

7 extent the State law is inconsistent with this 

8 Act. 

9 ‘‘(B) INCONSISTENCY.—For the purposes 

10 of this paragraph, a State law is not incon11 sistent with this Act if the protection that the 

12 law affords any producer is greater than the 

13 protection provided to a producer by this Act. 

14 ‘‘(b) STATE COURTS.—This Act does not deprive a 

15 State court of jurisdiction under a State law dealing with 

16 the same subject as this Act. 

17 ‘‘(c) RELATIONSHIP TO OTHER LAWS.—The Packers 

18 and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) and the 

19 Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 

20 499a et seq.) shall control if there is a conflict between 

21 those Acts and section 206. 

22 ‘‘SEC. 208. ASSIGNMENT OF ASSOCIATION DUES AND FEES. 

23 ‘‘(a) IN GENERAL.—A producer of an agricultural 

24 commodity or service may execute, as a clause in a produc25 tion contract or a marketing contract, an assignment of 

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1 dues or fees to, or the deduction of a sum to be retained 

2 by, an association of producers authorized by contract to 

3 represent the producer, under which assignment a covered 

4 person shall— 

5 ‘‘(1) deduct a portion of the amount to be paid 

6 for products or services of the producer under a pro7 duction contract or a marketing contract; and 

8 ‘‘(2) pay, on behalf of the producer, the portion 

9 over to the association as dues or fees or a sum to 

10 be retained by the association. 

11 ‘‘(b) DUTY OF COVERED PERSON.—After a covered 

12 person receives notice from a producer of an assignment 

13 under subsection (a), the covered person shall— 

14 ‘‘(1) deduct the amount authorized by the as15 signment from the amount paid for any agricultural 

16 commodity sold by the producer or for any service 

17 rendered under any production contract or mar18 keting contract; and 

19 ‘‘(2) on payment to producers for the product 

20 or service, pay the amount over to the association or 

21 the assignee of the association. 

22 ‘‘SEC. 209. SEVERABILITY. 

23 ‘‘If any provision of this Act or application of any 

24 provision of this Act is held invalid, the remainder of this 

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1 Act and the application of the provision to other persons 

2 and circumstances shall not be affected by the invalidity.’’. 

3 SEC. 432. APPLICATION. 

4 The amendment made by section 101 applies to any 

5 contract entered into on or after the date of enactment 

6 of this Act. 

7 TITLE V—CONSERVATION 

8 SEC. 501. CONSERVATION ACCESS INITIATIVE TO ENCOUR9 AGE GREATER PARTICIPATION BY SOCIALLY 

10 DISADVANTAGED FARMERS AND RANCHERS 

11 IN CONSERVATION PROGRAMS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) SOCIALLY DISADVANTAGED GROUP.—The 

14 term ‘‘socially disadvantaged group’’ means a group 

15 of persons whose members have been subjected to 

16 racial or ethnic prejudice because of their identity as 

17 members of a group without regard to their indi18 vidual qualities. 

19 (2) SOCIALLY DISADVANTAGED FARMER OR

20 RANCHER.—The term ‘‘socially disadvantaged farm21 er or rancher’’ means a farmer or rancher who is a 

22 member of a socially disadvantaged group. 

23 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti24 ty’’ means any of the following: 

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1 (A) Any community-based organization, 

2 network, or coalition of community-based orga3 nizations that— 

4 (i) has demonstrated experience in 

5 providing agricultural education or other 

6 agriculturally related services to socially 

7 disadvantaged farmers or ranchers; 

8 (ii) has provided to the Secretary of 

9 Agriculture documentary evidence of work 

10 with socially disadvantaged farmers or 

11 ranchers for not less than a five-year pe12 riod preceding the submission of an appli13 cation for assistance under this section; 

14 and 

15 (iii) does not engage in activities pro16 hibited under section 501(c)(3) of the In17 ternal Revenue Code of 1986. 

18 (B) An Indian tribe (as defined in section 

19 4 of the Indian Self-Determination and Edu20 cation Assistance Act (25 U.S.C. 450b)) or a 

21 national tribal organization that has dem22 onstrated experience in providing agriculture 

23 education or other agriculturally related serv24 ices to socially disadvantaged farmers or ranch25 ers in a region. 

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1 (C) An 1890 institution or 1994 institu2 tion (as defined in section 2 of the Agricultural 

3 Research, Extension, and Education Reform 

4 Act of 1998 (7 U.S.C. 7601)), including West 

5 Virginia State College. 

6 (D) An Indian tribal community college or 

7 an Alaska Native cooperative college. 

8 (E) An Hispanic-serving institution (as de9 fined in section 1404 of the National Agricul10 tural Research, Extension, and Teaching Policy 

11 Act of 1977 (7 U.S.C. 3103)). 

12 (F) Any other institution of higher edu13 cation (as defined in section 101 of the Higher 

14 Education Act of 1965 (20 U.S.C. 1001)) that 

15 has demonstrated experience in providing agri16 culture education or other agriculturally related 

17 services to socially disadvantaged farmers or 

18 ranchers in a region. 

19 (b) INITIATIVE.—With respect to all programs au20 thorized or amended by this title, the Secretary of Agri21 culture shall establish a conservation initiative for socially 

22 disadvantaged farmers or ranchers. With respect to such 

23 programs that serve an Indian tribe, the Secretary shall 

24 be required to pay the costs of office space to carry out 

25 conservation functions authorized under this section. 

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1 (c) SPECIAL RULE FOR COST-SHARE PAYMENTS.— 

2 Notwithstanding the actual cost sharing requirements im3 posed by a program authorized or amended by this title, 

4 the Secretary of Agriculture may pay up to 100 percent 

5 of the costs incurred by a socially disadvantaged farmer 

6 or rancher to participate in the program. 

7 (d) OUTREACH AND ASSISTANCE.—The Secretary of 

8 Agriculture shall carry out an outreach and technical as9 sistance program to encourage and assist socially dis10 advantaged farmers or ranchers to participate equitably 

11 in the full range of agricultural programs authorized or 

12 amended by this title. 

13 (e) GRANTS AND CONTRACTS.—The Secretary of Ag14 riculture may make grants to, and enter into contracts 

15 and other agreements with, an eligible entity to provide 

16 information and technical assistance to socially disadvan17 taged farmers or ranchers so that they can participate eq18 uitably in the full range of agricultural programs author19 ized or amended by this title. 

20 (f) RELATIONSHIP TO OTHER LAW.—The authority 

21 to carry out this section shall be in addition to any other 

22 authority provided in this or any other Act. 

23 (g) FUNDING.—The Secretary of Agriculture may re24 serve up to 10 percent of the funds provided for a fiscal 

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1 grams under subtitle D of title XII of the Food Security 

2 Act of 1985 (16 U.S.C. 3830 et seq.) to carry out this 

3 section. 

4 SEC. 502. OTHER DIVERSITY PROVISIONS. 

5 Each conservation program would be amended in 

6 order to accomplish the following: 

7 (1) Increase funding and expand opportunities 

8 in the NRCS Small Farm Initiative for socially dis9 advantaged farmers and ranchers. 

10 (2) Global cost share across programs should be 

11 established at or above 95 percent for socially dis12 advantaged farmers and ranchers, and provisions 

13 should be adopted to allow up-front payments to 

14 these farmers. 

15 (3) Catch up provisions including percentage 

16 set asides should be provided to fill in gaps in sup17 port for socially disadvantaged farmers and ranchers 

18 should be included to provide assistance in key areas 

19 such as irrigation. 

20 SEC. 503. CONSERVATION RESERVE PROGRAM. 

21 (a) EXTENSION.— 

22 (1) FUNDING EXTENSION.—Section 1241(a) of 

23 the Food Security Act of 1985 (16 U.S.C. 3841(a)) 

24 is amended— 

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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘2007’’ and inserting ‘‘2013’’; and 

3 (B) in paragraph (1), by striking ‘‘The’’ 

4 and inserting ‘‘For each of fiscal years 2002 

5 through 2013, the’’. 

6 (2) CONFORMING AMENDMENTS.—Section 1231 

7 of such Act (16 U.S.C. 3831) is amended— 

8 (A) in subsection (a), by striking ‘‘2007’’ 

9 and inserting ‘‘2013’’; 

10 (B) in subsection (d), by striking ‘‘2007’’ 

11 and inserting ‘‘2013’’; 

12 (C) in subsection (e)(3), by striking 

13 ‘‘2002’’ and inserting ‘‘2008’’; and 

14 (D) in subsection (h)(1), by striking 

15 ‘‘2007’’ and inserting ‘‘2013’’. 

16 (b) ELIGIBLE LAND.—Section 1231(b) of such Act 

17 (16 U.S.C. 3831(b)) is amended— 

18 (1) by striking the period at the end of para19 graph (1) and inserting a semicolon; 

20 (2) by striking ‘‘or’’ at the end of paragraph 

21 (4)(C); 

22 (3) by striking the period at the end of para23 graph (5) and inserting ‘‘; or’’; and 

24 (4) by adding at the end the following new 

25 paragraphs: 

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1 ‘‘(6) marginal pasture land or hay land that is 

2 otherwise ineligible, if the land is to be devoted to 

3 native vegetation appropriate to the locale and— 

4 ‘‘(A) will provide suitable habitat for State 

5 or federally listed threatened or endangered 

6 species or species determined by the Secretary 

7 of the Interior to be species of concern; or 

8 ‘‘(B) will contribute to the restoration of 

9 an endangered ecosystem or rare and declining 

10 forest ecosystem, as defined by the Secretary.’’. 

11 (c) ENROLLMENT GOALS.—Section 1231(d) of such 

12 Act (16 U.S.C. 3831(d)) is amended— 

13 (1) by striking ‘‘The Secretary’’ and inserting: 

14 ‘‘(1) ACREAGE AUTHORIZED.—The Secretary’’; 

15 and 

16 (2) by adding at the end the following new 

17 paragraph: 

18 ‘‘(2) ENROLLMENT GOALS.—For the period be19 ginning on the date of the enactment of this para20 graph and ending on December 31, 2013, the Sec21 retary shall establish a goal— 

22 ‘‘(A) to enroll not less than 7,000,000 

23 acres of eligible land, including land to be de24 voted to the restoration of rare and declining 

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1 gram and the conservation reserve enhancement 

2 program; and 

3 ‘‘(B) to maintain enrollment of at least 

4 7,800,000 acres in the Prairie Pothole Region 

5 National Conservation Priority Area.’’. 

6 (d) CONTRACTS TO RESTORE RARE AND DECLINING

7 FORESTS.—(d) Section 1231(e)(2) of such Act (16 U.S.C. 

8 3831(e)(2)) is amended by adding at the end the following 

9 new subparagraph: 

10 ‘‘(C) RARE AND DECLINING FORESTS.—In 

11 the case of land to be devoted to the restoration 

12 of rare and declining forest ecosystems, as de13 termined by the Secretary, the Secretary may 

14 enter into contracts of more than 15 years.’’. 

15 (e) BALANCE OF NATURAL RESOURCE PURPOSES.— 

16 Section 1231(j) of such Act (16 U.S.C. 3831(j)) is amend17 ed— 

18 (1) by striking ‘‘In determining’’ and inserting 

19 the following: 

20 ‘‘(1) EQUITABLE BALANCE OF CONSERVATION

21 PURPOSES.—In determining’’; 

22 (2) by striking the period at the end and insert23 ing ‘‘, but need not balance all conservation purposes 

24 with respect to each particular contract offer.’’; and 

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1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) WILDLIFE.—In considering the extent to 

4 which a contract offer will achieve the conservation 

5 purposes of the program related to wildlife habitat, 

6 the Secretary shall consider the extent to which the 

7 contract offer will contribute to increased popu8 lations of wildlife, including waterfowl, nongame 

9 grassland birds and neotropical migrants, and assist 

10 in the recovery of at-risk species.’’. 

11 (f) DUTIES OF PARTICIPANTS.—Section 1232(a) of 

12 such Act (16 U.S.C. 3832(a)) is amended— 

13 (1) in paragraph (4)— 

14 (A) by redesignating subparagraphs (A) 

15 and (B) as subparagraphs (B) and (C), respec16 tively; and 

17 (B) by inserting before subparagraph (B), 

18 as so redesignated, the following new subpara19 graph: 

20 ‘‘(A) approved vegetative cover shall not 

21 include vegetative cover inappropriate to the lo22 cale;’’; 

23 (2) by redesignating paragraphs (5) through 

24 (10) as paragraphs (6) through (11), respectively; 

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1 (3) by inserting after paragraph (4) the fol2 lowing new paragraph: 

3 ‘‘(5) to undertake appropriate management ac4 tivities on the land as needed throughout the term 

5 of the contract to achieve the purposes of the con6 servation reserve program;’’; and 

7 (4) in subparagraph (A)(i)(II) of paragraph (8), 

8 as so redesignated, by inserting after ‘‘may be con9 ducted’’ the following: ‘‘, taking into account grass10 land types and species, location, weather conditions, 

11 and other factors that determine to what extent har12 vesting and grazing activities will advance the con13 servation purposes of the program’’. 

14 (g) CONSERVATION PLAN.—Section 1232(b)(1) of 

15 such Act (16 U.S.C. 3832(b)(1)) is amended— 

16 (1) in subparagraph (A), by striking ‘‘; and’’ 

17 and inserting ‘‘, including appropriate management 

18 activities required by subsection (a)(5);’’ and 

19 (2) by adding at the end the following new sub20 paragraph: 

21 ‘‘(C) criteria for conducting any commer22 cial use to be permitted, including criteria for 

23 managed harvesting and grazing specifying fre24 quency, timing, number of animal units, per25 centage of field, and other criteria to ensure 

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1 that managed harvesting and grazing advances 

2 the conservation purposes of the program; 

3 and’’. 

4 (h) COST-SHARE AND MANAGEMENT ASSISTANCE.— 

5 Section 1234(b) of such Act (16 U.S.C. 3834(b)) is 

6 amended— 

7 (1) in paragraph (1), by inserting before the pe8 riod at the end the following: ‘‘, except that the Sec9 retary shall pay 75 percent of the cost of estab10 lishing bottomland hardwood trees and longleaf 

11 pine’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(6) MANAGEMENT COSTS.—The Secretary 

15 shall pay 75 percent of the cost of management ac16 tivities, including the use of prescribed fire, control 

17 of invasive species, and native understory restoration 

18 on land devoted to trees, that are required under a 

19 contract entered into under this subchapter, subject 

20 to such limits as the Secretary may establish.’’. 

21 (i) ACCEPTANCE OF CONTRACT OFFERS.—Section 

22 1234(c)(3) of such Act (16 U.S.C. 3834(c)(3)) is amend23 ed— 

24 (1) by striking ‘‘In determining’’ and inserting 

25 the following: 

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1 ‘‘(A) MAXIMIZING ENVIRONMENTAL BENE2 FITS.—In determining’’; 

3 (2) by striking ‘‘may’’ and all that follows 

4 through ‘‘take into consideration’’ and inserting 

5 ‘‘shall take into consideration’’; 

6 (3) by striking ‘‘benefits; and’’ and inserting 

7 ‘‘benefits. The Secretary shall establish criteria for 

8 the acceptance of contract offers that will maximize 

9 environmental benefits, including criteria related to 

10 the characteristics of the land that is the subject of 

11 the contract offer, its location, proposed cover and 

12 proposed management practices.’’; 

13 (4) by striking ‘‘(B) establish’’ and inserting 

14 the following: 

15 ‘‘(B) FLEXIBILITY.—The Secretary may 

16 establish’’; 

17 (5) by striking ‘‘abated.’’ and inserting ‘‘abated, 

18 in order to more effectively address specific State or 

19 regional resource concerns and conservation prior20 ities, including restoration of rare and declining for21 est ecosystems.’’; and 

22 (6) by adding at the end the following new sub23 paragraph: 

24 ‘‘(C) RELATIONSHIP TO OTHER CONSERVA25 TION PROGRAMS.—In the enrollment of land in 

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1 the conservation reserve established under this 

2 subchapter, the Secretary shall give a priority 

3 to land that cannot produce comparable envi4 ronmental benefits if maintained in agricultural 

5 production and enrolled in the environmental 

6 quality incentives program or other program de7 signed to assist producers in improving the en8 vironmental performance of working agricul9 tural land.’’. 

10 (j) CONSERVATION RESERVE ENHANCEMENT PRO11 GRAM.—Section 1234(f)(1) of such Act is (16 U.S.C. 

12 3834(f)) is amended by adding at the end the following 

13 new sentence: ‘‘The Secretary may waive this payment 

14 limitation for persons participating in a conservation re15 serve enhancement program if the Secretary determines 

16 such a waiver is necessary to achieve the objectives of the 

17 conservation reserve enhancement program.’’. 

18 SEC. 504. REAUTHORIZATION OF AND INCREASED ENROLL19 MENT AUTHORITY FOR GRASSLAND RESERVE 

20 PROGRAM. 

21 (a) EXTENSION AND FUNDING.—Section 1241(a) of 

22 the Food Security Act of 1985 (16 U.S.C. 3841(a)) is 

23 amended by striking paragraph (5) and inserting the fol24 lowing new paragraph: 

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1 ‘‘(5) For each of fiscal years 2002 through 

2 2013, the grassland reserve program under sub3 chapter C of chapter 2.’’. 

4 (b) ENROLLMENT GOALS AND LIMITATION ON USE

5 OF RENTAL AGREEMENTS.—Section 1238N(b) of such 

6 Act (16 U.S.C. 3838N(b)) is amended— 

7 (1) in paragraph (1), by striking ‘‘2,000,000 

8 acres’’ and inserting ‘‘10,000,000 acres’’; and 

9 (2) by striking paragraph (3) and inserting the 

10 following new paragraphs: 

11 ‘‘(3) LIMITATION ON USE OF RENTAL AGREE12 MENTS.—Of the total number of acres enrolled in 

13 the program at any one time through the methods 

14 described in paragraph (2)(A), not more than 30 

15 percent of the acres shall be enrolled through the 

16 use of rental agreements described in clause (i) of 

17 such paragraph. 

18 ‘‘(4) ENROLLMENT GOAL.—For the period be19 ginning on the date of the enactment of this para20 graph and ending on December 31, 2013, the Sec21 retary shall establish a goal to enroll not less than 

22 2,000,000 acres of native grasslands in the pro23 gram.’’. 

24 (c) ENROLLMENT OF CONSERVATION RESERVE PRO25 GRAM LAND.—Section 1238N of such Act (16 U.S.C. 

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1 3838N) is amended by adding at the end the following 

2 new subsection: 

3 ‘‘(d) ENROLLMENT OF CONSERVATION RESERVE

4 PROGRAM LAND.— 

5 ‘‘(1) ENROLLMENT AUTHORIZED.—Subject to 

6 the eligibility requirements of subsection (c) and all 

7 other requirements of this subchapter, land enrolled 

8 in the conservation reserve program may be enrolled 

9 in the grassland reserve program if the Secretary de10 termines that the land is of high ecological value and 

11 under significant threat of conversion to other uses. 

12 ‘‘(2) MAXIMUM ENROLLMENT.—The enrollment 

13 of conservation reserve program land under this sub14 section shall not exceed 50 percent of the total num15 ber of acres enrolled in the grassland reserve pro16 gram in a given fiscal year. 

17 ‘‘(3) PROHIBITION ON DUPLICATION OF PAY18 MENTS.—Land enrolled in the grassland reserve pro19 gram under this subsection shall no longer be eligi20 ble for payments under the conservation reserve pro21 gram.’’. 

22 (d) EQUITY FOR PASTURE-BASED OPERATIONS.— 

23 Section 1238N of such Act (16 U.S.C. 3838N) is further 

24 amended by inserting after subsection (d), as added by 

25 subsection (c), the following new subsection: 

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1 ‘‘(e) EQUITY FOR PASTURE-BASED OPERATIONS.— 

2 Consistent with the other requirements of the program, 

3 the Secretary shall implement the program in a manner 

4 that ensures that, to the greatest extent practicable, land5 owners operating pasture-based systems have an equal op6 portunity to enroll in the program.’’. 

7 (e) BIODIVERSITY.—Section 1238O of such Act (16 

8 U.S.C. 3838o) is amended— 

9 (1) by redesignating subsections (d) and (e) as 

10 subsections (e) and (f), respectively; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(f) BIODIVERSITY.—In emphasizing support for bio14 diversity consistent with the requirements of subsection 

15 (c), the Secretary shall give priority to agreements and 

16 easements that protect and restore habitat for rare, 

17 threatened, endangered, and candidate species or further 

18 the goals and objectives of the State’s comprehensive wild19 life conservation strategy.’’. 

20 (f) SPECIAL GRASSLANDS RESERVE ENHANCEMENT

21 PROGRAM.—Section 1238P of such Act (16 U.S.C. 

22 3838p) is amended by adding at the end the following new 

23 subsection: 

24 ‘‘(e) SPECIAL GRASSLANDS RESERVE ENHANCE25 MENT AGREEMENTS.— 

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1 ‘‘(1) AGREEMENTS.—The Secretary may enter 

2 into a special grasslands reserve enhancement agree3 ment with a State under which the Secretary will 

4 make payments to the State or political subdivisions 

5 or agencies of the State to advance the purposes of 

6 the grassland reserve program in the State. 

7 ‘‘(2) PAYMENT LIMITATIONS.—Section 1305(d) 

8 of the Omnibus Budget Reconciliation Act of 1987 

9 (7 U.S.C. 1308 note; Public Law 100–203) shall not 

10 apply to payments received by a State or political 

11 subdivision or agency thereof in connection with an 

12 agreement entered into under subsection (a).’’. 

13 SEC. 505. ENVIRONMENTAL QUALITY INCENTIVES PRO14 GRAM. 

15 (a) EXTENSION.— 

16 (1) FUNDING EXTENSION AND INCREASE.— 

17 Section 1241(a) of the Food Security Act of 1985 

18 (16 U.S.C. 3841(a)) is amended by striking para19 graph (6) and inserting the following new para20 graph: 

21 ‘‘(6) The environmental quality incentives pro22 gram under chapter 4, using, to the maximum ex23 tent practicable— 

24 ‘‘(A) $1,400,000,000 in fiscal year 2008; 

25 ‘‘(B) $1,600,000,000 in fiscal year 2009; 

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1 ‘‘(C) $1,800,000,000 in each of fiscal 

2 years 2010 and 2011; and 

3 ‘‘(D) $2,000,000,000 in fiscal year 2012.’’. 

4 (2) CONFORMING AMENDMENTS.—Chapter 4 of 

5 subtitle D of title XII of such Act is amended— 

6 (A) in section 1240B(a)(1) (16 U.S.C. 

7 3839aa–2(a)(1)), by striking ‘‘2007’’ and in8 serting ‘‘2012’’; and 

9 (B) in subsection 1240G (16 U.S.C. 

10 3839aa–7), by striking ‘‘2007’’ and inserting 

11 ‘‘2012’’. 

12 (b) DEMONSTRATION OF STRUCTURAL AND LAND

13 MANAGEMENT PRACTICES.— 

14 (1) ELIGIBILITY.—Section 1240B(a)(2) of the 

15 Food Security Act of 1985 (16 U.S.C. 3839aa– 

16 (a)(2)) is amended— 

17 (A) by striking ‘‘and’’ at the end of sub18 paragraph (A); 

19 (B) by striking the period at the end of 

20 subparagraph (B) and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following new 

22 subparagraph: 

23 ‘‘(C) a producer that demonstrates a struc24 tural or land management practice, including 

25 project monitoring, measurement, outreach, or 

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1 education shall be eligible to receive cost-share 

2 or incentive payments.’’. 

3 (2) CONFORMING AMENDMENTS.—(A) Section 

4 1240(3) of such Act (16 U.S.C. 3839aa(3)) is 

5 amended by striking ‘‘and maintain’’ and inserting 

6 ‘‘, maintain, and demonstrate’’. 

7 (B) Section 1240F(1) of such Act (16 U.S.C. 

8 3839aa–6(1)) is amended by striking ‘‘and imple9 menting’’ and inserting ‘‘, implementing, or dem10 onstrating’’. 

11 (c) PREDATOR DETERRENCE.—Section 1240B(a) of 

12 the Food Security Act of 1985 (16 U.S.C. 3839aa–(a)) 

13 is amended by adding at the end the following paragraph: 

14 ‘‘(3) PREDATOR DETERRENCE.—A producer 

15 that implements practices or other measures as part 

16 of a system of proactive predator deterrence for 

17 large carnivores, including the use of range riders, 

18 removal of carcasses, and installation of electric 

19 fencing around calving areas, shall be eligible to re20 ceive cost-share or incentive payments under this 

21 chapter.’’. 

22 (d) BIDDING DOWN.—Section 1240B(c) of the Food 

23 Security Act of 1985 (16 U.S.C. 3839aa–2(c)) is amended 

24 by inserting before the period at the end the following: 

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1 retary of the obligation to ensure that cost-effectiveness 

2 is prioritized in the evaluation of offers and payments, as 

3 provided by section 1240C(1)’’. 

4 (e) INCENTIVE PAYMENT RATES.—Section 1240B(e) 

5 of the Food Security Act of 1985 (16 U.S.C. 3839aa– 

6 2(e)(2)) is amended— 

7 (1) in paragraph (1), by adding at the end the 

8 following new sentence: ‘‘The Secretary shall estab9 lish different rates to accommodate variation in the 

10 cost of practices and product value.’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(3) RATES FOR COMPONENT PRACTICES.—The 

14 Secretary shall develop additional incentive payment 

15 rates for components of a practice that promotes 

16 residue, nutrient, pest, invasive species, or air qual17 ity management. The amount and rate of incentive 

18 payments for a component practice shall be scaled 

19 according to the anticipated level of impact of that 

20 practice on the priority resource concerns, such that 

21 more advanced management practices that yield 

22 greater environmental benefit will receive higher 

23 payments.’’. 

24 (f) ALLOCATION OF FUNDING.—Section 1240B(g) of 

25 the Food Security Act of 1985 (16 U.S.C. 3839aa–2(g)) 

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1 is amended by adding at the end the following new sen2 tence: ‘‘When making initial allocations of funds to States 

3 to make cost-share and incentive payments under this 

4 chapter, the Secretary shall consider to what degree pro5 ducers in each State are under pressure to comply with 

6 existing local, State, or Federal environmental regulations, 

7 or may have to comply with such regulations in the fu8 ture.’’. 

9 (g) EVALUATION OF APPLICATIONS FOR COST10 SHARE PAYMENTS AND INCENTIVE PAYMENTS.—Section 

11 1240C of the Food Security Act of 1985 (16 U.S.C. 

12 3839aa–3) is amended to read as follows: 

13 ‘‘SEC. 1240C. EVALUATION OF APPLICATIONS FOR COST14 SHARE PAYMENTS AND INCENTIVE PAY15 MENTS. 

16 ‘‘(a) PRIORITIES AND CRITERIA.—In evaluating ap17 plications for cost-share payments and incentive pay18 ments, the Secretary shall— 

19 ‘‘(1) prioritize applications based on how effec20 tively and comprehensively designated resource con21 cerns are addressed; 

22 ‘‘(2) prioritize applications based on their over23 all level of cost-effectiveness to ensure that the con24 servation practices, systems, and approaches pro25 posed are the most efficient means of producing the 

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1 proposed project’s anticipated environmental bene2 fits; 

3 ‘‘(3) reward higher levels of environmental per4 formance, such as advanced levels of management 

5 within management practices; and 

6 ‘‘(4) develop criteria for evaluating applications 

7 that will ensure that national, State, and local con8 servation priorities are effectively addressed. 

9 ‘‘(b) WILDLIFE.—In evaluating applications for cost10 share payments and incentive payments related to projects 

11 intended primarily to improve wildlife habitat, the Sec12 retary, in addition to meeting the requirements of sub13 section (a), shall give priority to applications that protect 

14 and restore habitat for rare, threatened, endangered, and 

15 candidate species or further the goals and objectives of 

16 the State comprehensive wildlife conservation strategy.’’. 

17 (h) SUPPORT FOR PROGRAM PLANS.—Section 1240F 

18 of the Food Security Act of 1985 (16 U.S.C. 3839aa–6) 

19 is amended— 

20 (1) by striking ‘‘and’’ at the end of paragraph 

21 (1); 

22 (2) by striking the period at the end of para23 graph (2) and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 

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1 ‘‘(3) developing partnerships with other agen2 cies and contracting with technical assistance pro3 viders to supplement Department expertise and 

4 staffing capacity as necessary.’’. 

5 (i) CONSERVATION INNOVATION GRANTS.—Section 

6 1240H of the Food Security Act of 1985 (16 U.S.C. 

7 3839aa–8) is amended— 

8 (1) in subsection (a), by striking ‘‘may’’ and in9 serting ‘‘shall’’; 

10 (2) in subsection (b)— 

11 (A) by striking ‘‘may’’ and inserting 

12 ‘‘shall’’; 

13 (B) in paragraph (2)— 

14 (i) by striking ‘‘and’’ at the end of 

15 subparagraph (A); and 

16 (ii) by adding at the end the following 

17 new subparagraph: 

18 ‘‘(C) alternative energy projects, such as 

19 solar and wind power energy systems and con20 version of equipment to run on bio-fuels, to re21 duce greenhouse gas emissions and reliance on 

22 fossil fuels in farm operations;’’; 

23 (C) by striking the period at the end of 

24 paragraph (3) and inserting ‘‘; and’’; and 

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1 (D) by adding at the end the following new 

2 paragraph: 

3 ‘‘(4) include a plan for technology transfer.’’; 

4 (3) by adding at the end the following new sub5 sections: 

6 ‘‘(d) TECHNOLOGY TRANSFER.—To the maximum 

7 extent practicable, the Secretary shall ensure efficient, ef8 fective transfer of innovative technologies and approaches 

9 demonstrated through projects that receive funding under 

10 this section. 

11 ‘‘(e) FUNDING.—Of the amounts made available 

12 under section 1241(a)(6) to carry out this chapter, the 

13 Secretary shall use to carry out this section— 

14 ‘‘(1) $40,000,000 for fiscal year 2008; 

15 ‘‘(2) $50,000,000 for fiscal year 2009; 

16 ‘‘(3) $60,000,000 for fiscal year 2010; and 

17 ‘‘(4) $75,000,000 for each of fiscal years 2011 

18 and 2012.’’. 

19 (j) FUNDING UNDER GROUND AND SURFACE WATER

20 CONSERVATION PROGRAM.—Section 1240I of the Food 

21 Security Act of 1985 (16 U.S.C. 3839aa–9) is amended 

22 by striking subsection (c) and inserting the following new 

23 subsection: 

24 ‘‘(b) FUNDING.—The Secretary shall use 

25 $100,000,000 of the funds of the Commodity Credit Cormstockstill on PROD1PC66 with BILLS

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1 poration to carry out this section for each of fiscal years 

2 2008 through 2012. These funds are in addition to 

3 amounts made available under section 1241(a)(6) to carry 

4 out this chapter.’’. 

5 (k) AIR QUALITY IMPROVEMENT AND PERFORMANCE

6 INCENTIVES FOR STATES.—Chapter 4 of subtitle D of 

7 title XII of such Act is amended by adding at the end 

8 the following new sections: 

9 ‘‘SEC. 1240J. AIR QUALITY IMPROVEMENT. 

10 ‘‘(a) AVAILABILITY OF COST-SHARE PAYMENTS AND

11 INCENTIVE PAYMENTS.—In carrying out this chapter, the 

12 Secretary shall promote air quality by providing cost-share 

13 payments and incentive payments to individual producers 

14 to address air quality concerns associated with agriculture. 

15 ‘‘(b) ELIGIBLE PRACTICES, COST-SHARE.— 

16 ‘‘(1) REDUCTION OF EMISSIONS OF CRITERIA

17 POLLUTANTS AND AIRBORNE TOXINS.—In addition 

18 to practices eligible for cost-share payments under 

19 this chapter, the Secretary shall provide cost-share 

20 payments to producers under this section for mobile 

21 or stationary equipment, including engines, used in 

22 an agricultural operation that will reduce emissions 

23 of criteria pollutants and airborne toxins. 

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1 scribed in paragraph (1), the Secretary shall 

2 prioritize assistance for equipment that— 

3 ‘‘(A) is the most cost-effective in address4 ing air quality concerns; and 

5 ‘‘(B) will assist producers in meeting State 

6 or local regulatory requirements related to air 

7 quality. 

8 ‘‘(c) LOCATIONS.—In order for producers to receive 

9 payments under this section, a project must be located in 

10 a county— 

11 ‘‘(1) that is in non-attainment for ambient air 

12 quality standards for ozone, particulate matter, or 

13 both; 

14 ‘‘(2) in which there is air quality degradation, 

15 recognized by a State or local regulating agency, to 

16 which agricultural emissions significantly contribute; 

17 or 

18 ‘‘(3) in which the Secretary determines that 

19 pesticide drift is a priority concern. 

20 ‘‘(d) PRIORITY.—The Secretary shall give priority to 

21 projects that— 

22 ‘‘(1) involve multiple producers implementing 

23 eligible conservation activities in a coordinated way 

24 to promote air quality; or 

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1 ‘‘(2) are designed to encourage broad adoption 

2 of innovative approaches, including approaches in3 volving the use of innovative technologies and inte4 grated pest management, so long as the technologies 

5 do not have the unintended consequence of compro6 mising other environmental goals. 

7 ‘‘(e) FUNDING.— 

8 ‘‘(1) AMOUNTS.—The Secretary shall use funds 

9 of the Commodity Credit Corporation to carry out 

10 this section in the following amounts: 

11 ‘‘(A) $25,000,000 for fiscal year 2008; 

12 ‘‘(B) $45,000,000 for fiscal year 2009; 

13 ‘‘(C) $60,000,000 for fiscal year 2010; 

14 ‘‘(D) $75,000,000 for fiscal year 2011; 

15 and 

16 ‘‘(E) $100,000,000 for fiscal year 2012. 

17 ‘‘(2) RELATION TO OTHER FUNDS.—The funds 

18 made available under paragraph (1) are in addition 

19 to amounts made available under section 1241(a)(6) 

20 to carry out this chapter. 

21 ‘‘SEC. 1240K. PERFORMANCE INCENTIVES FOR STATES. 

22 ‘‘(a) HIGH LEVEL OF PERFORMANCE BONUS.—For 

23 each of fiscal years 2008 through 2012, 20 percent of the 

24 funds made available under this chapter shall be reserved 

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1 onstrate a high level of performance in implementing the 

2 environmental quality incentives program. 

3 ‘‘(b) SPECIAL CONSIDERATIONS.— In evaluating 

4 State performance under subsection (a), the Secretary 

5 shall reward States that— 

6 ‘‘(1) consistently meet the requirements of sec7 tion 1240C in evaluating offers and payments; 

8 ‘‘(2) dedicate a portion of their annual environ9 mental quality incentives program allocation to 

10 multi-producer cooperative efforts to address specific 

11 resource concerns; 

12 ‘‘(3) demonstrate effective and efficient pro13 gram delivery, including the provision of adequate 

14 technical assistance to all program participants 

15 through appropriate staffing and through coopera16 tion with other Federal, State, Tribal, and local 

17 agencies, for-profit and nonprofit organizations, and 

18 individuals with demonstrated expertise in the plan19 ning and implementation of conservation practices, 

20 systems, and approaches; 

21 ‘‘(4) collaborate with other Federal and State 

22 agencies, local governments, educational institutions, 

23 and for-profit and nonprofit organizations to evalu24 ate the environmental outcomes associated with immstockstill on PROD1PC66 with BILLS

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1 plementation of the environmental quality incentives 

2 program; 

3 ‘‘(5) ensure broad participation in State Tech4 nical Committees; and 

5 ‘‘(6) ensure that priorities established at the 

6 State level are effectively addressed by local work 

7 groups.’’. 

8 SEC. 506. REAUTHORIZATION OF AND INCREASED FUNDING 

9 FOR WILDLIFE HABITAT INCENTIVE PRO10 GRAM. 

11 (a) EXTENSION AND FUNDING.—Section 1241(a)(7) 

12 of the Food Security Act of 1985 (16 U.S.C. 3841(a)(7)) 

13 is amended by striking subparagraphs (A) through (D) 

14 and inserting the following new subparagraphs: 

15 ‘‘(A) $85,000,000 in fiscal year 2007; 

16 ‘‘(B) $100,000,000 in fiscal year 2008; 

17 ‘‘(C) $140,000,000 in fiscal year 2009; 

18 ‘‘(D) $200,000,000 in each of fiscal years 

19 2010 and 2011; and 

20 ‘‘(E) $300,000,000 in each of fiscal years 

21 2012 and 2013.’’. 

22 (b) FUNDING SET-ASIDE FOR LONG-TERM AGREE23 MENTS.—Section 1240N(b)(2) of such Act (16 U.S.C. 

24 3839bb–1(b)(2)) is amended by striking subparagraph 

25 (B) and inserting the following: 

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1 ‘‘(B) FUNDS FOR LONG-TERM AGREE2 MENTS.—To the maximum extent practicable, 

3 the Secretary shall use 25 percent of the funds 

4 made available under section 1241(a)(7) for a 

5 fiscal year to carry out during that fiscal year 

6 contracts and agreements described in subpara7 graph (A).’’. 

8 (c) INCENTIVE PAYMENTS AND PROGRAM PRIOR9 ITIES.—Section 1240N of such Act (16 U.S.C. 3839bb– 

10 1) is amended by adding at the end the following new sub11 section: 

12 ‘‘(d) INCENTIVE PAYMENTS AND PROGRAM PRIOR13 ITIES.— 

14 ‘‘(1) PRIORITIES.—In carrying out this section, 

15 the Secretary shall give priority to agreements and 

16 contracts that will— 

17 ‘‘(A) protect or restore habitat for a feder18 ally or State-listed rare, threatened, endan19 gered, and candidate species; or 

20 ‘‘(B) further the goals and objectives of a 

21 State’s comprehensive wildlife conservation 

22 strategy. 

23 ‘‘(2) INCENTIVE PAYMENTS FOR CERTAIN

24 AGREEMENTS AND APPLICATIONS.—In a case in 

25 which the Secretary enters into an agreement or 

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1 contract described in paragraph (1), the Secretary 

2 may provide incentive payments to landowners under 

3 the agreement or contract, including the cost of 

4 management activities needed during the term of the 

5 agreement or contract.’’. 

6 (d) FISH HABITAT.—Section 1240N of such Act (16 

7 U.S.C. 3839bb–1) is further amended by inserting after 

8 subsection (d), as added by subsection (c), the following 

9 new subsection: 

10 ‘‘(e) DEVELOPMENT OF FISH HABITAT.— 

11 ‘‘(1) PURPOSES OF COST-SHARE PAYMENTS.— 

12 Subsection (b)(1)(D) authorizes the Secretary to 

13 make cost-share payments to landowners to develop 

14 fish habitat. The development of fish habitat using 

15 such cost-share payments may include activities— 

16 ‘‘(A) to protect streamside areas, including 

17 through the installation of riparian fencing and 

18 improved stream crossings; 

19 ‘‘(B) to repair in-stream habitat; 

20 ‘‘(C) to improve water flows and water 

21 quality, including through channel restoration; 

22 ‘‘(D) to initiate watershed management 

23 and planning in areas in which streams are in 

24 a degraded condition due to past agricultural or 

25 forestry practices; and 

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1 ‘‘(E) to undertake other types of stream 

2 habitat improvement approved by the Secretary. 

3 ‘‘(2) PRIORITY PROJECTS.—When considering 

4 applications describing projects to protect or restore 

5 fish habitat, the Secretary shall give priority to ap6 plicants who will use the cost-share payments to 

7 carry out a project— 

8 ‘‘(A) to remove a small dam or in-stream 

9 structure; 

10 ‘‘(B) to improve fish passage, including 

11 through culvert repair and maintenance; 

12 ‘‘(C) to protect streamside areas; 

13 ‘‘(D) to improve water flows, including 

14 through irrigation efficiency improvements; or 

15 ‘‘(E) to improve in-stream flow quality or 

16 timing or temperature regimes. 

17 ‘‘(3) PRIORITY FOR PROJECTS INCLUDING UP18 LAND IMPROVEMENTS.—In addition to the priority 

19 projects described in paragraph (2), to ensure that 

20 projects intended to protect or restore fish habitat 

21 also address the causes of stream habitat degrada22 tion, the Secretary shall give priority among applica23 tions describing such projects to applicants who 

24 demonstrate that upland improvements associated 

25 with the stream habitat improvement, including eromstockstill on PROD1PC66 with BILLS

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1 sion and nutrient management have been, or will be, 

2 carried out.’’. 

3 SEC. 507. INTEGRATED PEST MANAGEMENT INITIATIVE. 

4 (a) INITIATIVE REQUIRED.—The Secretary of Agri5 culture shall implement an integrated pest management 

6 initiative in priority areas identified by the Secretary pur7 suant to subsection (b) for the purpose of assisting agri8 cultural producers operating in a priority area to comply 

9 with pest management regulations and alleviate the need 

10 for additional regulations regarding pest management ac11 tivities. 

12 (b) IDENTIFICATION OF PRIORITY AREAS.— 

13 (1) IDENTIFICATION.—The Secretary of Agri14 culture shall identify priority areas where the adop15 tion by agricultural producers of integrated pest 

16 management practices and approaches offers the 

17 greatest potential benefit to producers seeking to 

18 comply with pest management regulations and allevi19 ate the need for additional regulations regarding 

20 pest management activities. At a minimum, priority 

21 areas shall include agricultural lands dominated by 

22 the production of specialty crops and agricultural 

23 lands where agricultural pest management activities 

24 are regulated for the purpose of mitigating specific 

25 impacts to human health or the environment, such 

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1 as an area in which pollutants exceed authorized 

2 total maximum daily load or an air quality non-at3 tainment area. 

4 (2) CONSULTATION.—The Secretary shall iden5 tify priority areas in consultation with the Environ6 mental Protection Agency, the United States Geo7 logical Service, the United States Fish and Wildlife 

8 Service, agricultural producers, appropriated State 

9 agencies, and other interested persons. 

10 (c) ACTIVITIES IN PRIORITY AREAS.— 

11 (1) EXPEDITED APPROVAL OF MANAGEMENT

12 PRACTICES.—The Secretary of Agriculture shall de13 velop the best-available integrated pest management 

14 practices for the primary agricultural commodities 

15 and significant pests in each priority area identified 

16 under subsection (b) and expedite approval of these 

17 practices for implementation by agricultural pro18 ducers. 

19 (2) IMPROVED EVALUATION OF MANAGEMENT

20 PLANS.—The Secretary shall develop and make 

21 available criteria to enable staff of the Natural Re22 sources Conservation Service and agricultural pro23 ducers operating in priority areas identified under 

24 subsection (b) to effectively compare pest manage25 ment plans, considering relative risks and potential 

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1 benefits to multiple resources of concern, including 

2 air, surface water, ground water, bees and other pol3 linators, wildlife, and worker safety. 

4 (3) TECHNICAL ASSISTANCE.—The Secretary 

5 may enter in cooperative agreements, memorandums 

6 of understanding, and contracts for services with 

7 technical service providers, other agencies, and non8 Federal organizations, as necessary, to assist in pro9 viding technical assistance regarding integrated pest 

10 management planning and implementation to pro11 ducers operating in priority areas identified under 

12 subsection (b). 

13 (4) MARKETING.—The Secretary may market 

14 the availability of integrated pest management tools 

15 and training to agricultural producers in the priority 

16 areas identified under subsection (b). 

17 (5) PROGRAM INTEGRATION.—The Secretary 

18 shall set goals for integrating the integrated pest 

19 management initiative with the environmental qual20 ity incentives program established under chapter 4 

21 of subtitle D of title XII of the Food Security Act 

22 of 1985 (16 U.S.C. 3839aa et seq.) and other con23 servation programs in each priority area identified 

24 under subsection (b), including indicators of the ex25 tent to which these programs fund integrated pest 

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1 management practices and the extent to which sup2 ported integrated pest management practices reduce 

3 pesticide use and risk. 

4 (d) ANNUAL REPORT.—The Secretary of Agriculture 

5 shall submit to Congress an annual report on the inte6 grated pest management initiative, including progress in 

7 meeting the program integration goals set under sub8 section (c)(5). 

9 (e) FUNDING.—The Secretary of Agriculture may use 

10 funds provided for the conservation security program and 

11 environmental quality incentives program under subtitle D 

12 of title XII of the Food Security Act of 1985 (16 U.S.C. 

13 3830 et seq.) to implement the integrated pest manage14 ment initiative. 

15 SEC. 508. VALUE ADDED FUNDING AND TECHNICAL ASSIST16 ANCE. 

17 Socially disadvantaged farmers and ranchers have 

18 not been able to take advantage of grant funding under 

19 the existing value added competitive grant program. Add20 ing on-farm value to existing farm products is critical to 

21 these largely small-scale and diverse producers in order 

22 to expand their access to new and emerging markets. The 

23 existing value added program will be amended to provide 

24 for legislative set asides of at least 10 percent targeted 

25 to socially disadvantaged farmers and ranchers in a namstockstill on PROD1PC66 with BILLS

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1 tional pool with a peer review process similar to that used 

2 in the cooperative development program. Increased fund 

3 should be provided for the program. These funds should 

4 also prioritize projects benefiting small and mid-sized 

5 growers. 

6 TITLE VI—HEALTHY FOOD 

7 CHOICES 

8 SEC. 601. FINDINGS. 

9 Congress finds the following: 

10 (1) Fruits and vegetables offer consumers a 

11 healthy and nutritious product that is recognized as 

12 critical to the prevention of heart disease, stroke, 

13 and some cancers and other chronic diseases, the re14 duction of obesity and diabetes, and the maintenance 

15 of overall good health. 

16 (2) Proper nutrition is critical in promoting 

17 good health, preventing disease, and improving qual18 ity of life. 

19 (3) Agriculture policies and related domestic 

20 and international nutrition assistance programs 

21 should support incentives and key strategies that 

22 help Americans reach national health goals and ulti23 mately reduce health care costs. 

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1 SEC. 602. REAUTHORIZATION OF AND INCREASED FUNDING 

2 FOR COMMUNITY FOOD PROJECT COMPETI3 TIVE GRANTS. 

4 (a) AUTHORITY TO PROVIDE ASSISTANCE.—Section 

5 25(b) of the Food Stamp Act of 1977 (7 U.S.C. 2034(b)) 

6 is amended— 

7 (1) in paragraph (1) by striking ‘‘From 

8 amounts made available to carry out this Act, the 

9 Secretary may’’ and inserting ‘‘The Secretary shall’’; 

10 and 

11 (2) by striking paragraph (2) and inserting the 

12 following: 

13 ‘‘(2) FUNDING AMOUNTS.—From amounts 

14 made available to carry out this Act, the Secretary 

15 shall use $30,000,000 for each of fiscal years 2008 

16 through 2013 to make grants under this section.’’. 

17 (b) PREFERENCE FOR CERTAIN PROJECTS.—Section 

18 25(d) of the Food Stamp Act of 1977 (7 U.S.C. 2034(d)) 

19 is amended— 

20 (1) in paragraph (3) by striking ‘‘or’’ at the 

21 end; 

22 (2) in paragraph (4) by striking the period at 

23 the end and inserting ‘‘; or’’ ; and 

24 (3) by adding at the end the following: 

25 ‘‘(5) serve special project needs in areas of— 

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1 ‘‘(A) transportation and processing for ex2 panding institutional and emergency food serv3 ice demand for local food; 

4 ‘‘(B) retail access to healthy foods in un5 derserved markets; 

6 ‘‘(C) integration of urban and metro-area 

7 food production in food projects; and 

8 ‘‘(D) technical assistance for youth, so9 cially disadvantaged individuals, and limited re10 source groups.’’. 

11 (c) MATCHING FUNDS REQUIREMENTS.—Section 

12 25(e)(1) of the Food Stamp Act of 1977 (7 U.S.C. 

13 2034(e)(1)) is amended by striking ‘‘50’’ and inserting 

14 ‘‘75’’. 

15 (d) TERM OF GRANT.—Section 25(f)(2) of the Food 

16 Stamp Act of 1977 (7 U.S.C. 2034(f)(2)) is amended by 

17 striking ‘‘3’’ and inserting ‘‘5’’. 

18 (e) FUNDING.—Section 25(h)(4) of the Food Stamp 

19 Act of 1977 (7 U.S.C. 2034(h)(4)) is amended— 

20 (1) by striking ‘‘fiscal years 2003 through 

21 2007’’ and inserting ‘‘fiscal years 2008 through 

22 2013’’; and 

23 (2) by striking ‘‘$200,000’’ and inserting 

24 ‘‘$500,000’’. 

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1 SEC. 603. EXPANSION OF FRESH FRUIT AND VEGETABLE 

2 PROGRAM. 

3 Section 18 of the Richard B. Russell National School 

4 Lunch Act (42 U.S.C. 1769) is amended in subsection 

5 (g)— 

6 (1) in paragraph (1)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘July 2004’’ and inserting 

9 ‘‘July 2007’’; and 

10 (B) by amending subparagraphs (A) and 

11 (B) to read as follows: 

12 ‘‘(A) 100 elementary or secondary schools 

13 in each State; 

14 ‘‘(B) additional elementary or secondary 

15 schools in each State in proportion to the stu16 dent population of the State; and’’; 

17 (2) in paragraph (3)(A), by striking ‘‘paragraph 

18 (1)(B)’’ and inserting ‘‘paragraph (1)’’; 

19 (3) in paragraph (5), in each of subparagraphs 

20 (A) and (B), by striking ‘‘2008’’ and inserting 

21 ‘‘2011’’; and 

22 (4) in paragraph (6)(B)— 

23 (A) in clause (i)— 

24 (i) by striking ‘‘October 1, 2004, and 

25 on each October 1 thereafter,’’ and insertmstockstill on PROD1PC66 with BILLS

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1 ing ‘‘October 1, 2007, and on each October 

2 1 thereafter,’’; and 

3 (ii) by striking ‘‘$9,000,000’’ and in4 serting ‘‘$300,000,000’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(iii) ADMINISTRATIVE EXPENSES.— 

7 For fiscal year 2008 and each succeeding 

8 fiscal year, of the amount available to 

9 carry out this subsection, the Secretary 

10 may reserve not more than 1 percent of 

11 that amount for administrative expenses in 

12 carrying out this subsection. 

13 ‘‘(iv) STATE ADMINISTRATIVE

14 COSTS.—For fiscal year 2008 and each 

15 succeeding fiscal year, of the amount re16 ceived by a State to carry out this sub17 section, the State may use not more than 

18 5 percent of that amount for administra19 tive expenses in carrying out this sub20 section. To be eligible to use such funds 

21 for such expenses, the State must submit 

22 to the Secretary a plan indicating how the 

23 State intends to use such funds. 

24 ‘‘(v) FEDERAL REQUIREMENTS.—The 

25 Secretary shall establish requirements to 

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1 be followed by States in administering this 

2 subsection. The initial set of requirements 

3 shall be established not later than 1 year 

4 after the date of the enactment of this 

5 clause.’’. 

6 SEC. 604. AUTHORIZATION LEVEL FOR FARM-TO-CAFE7 TERIA ACTIVITIES. 

8 Section 18 of the Richard B. Russell National School 

9 Lunch Act (42 U.S.C. 1769) is amended in subsection 

10 (i)(2) by striking ‘‘such sums as are necessary’’ and all 

11 that follows through the period at the end and inserting 

12 ‘‘to carry out this subsection $20,000,000 for each of fis13 cal years 2008 through 2013.’’. 

14 SEC. 605. EXTENSION OF WIC FARMERS’ MARKET NUTRI15 TION PROGRAM. 

16 Section 17(m)(9)(A) of the Child Nutrition Act of 

17 1966 (42 U.S.C. 1786(m)(9)(A)) is amended— 

18 (1) in clause (i), by striking ‘‘2009’’ and insert19 ing ‘‘2013’’; and 

20 (2) by striking clause (ii) and inserting the fol21 lowing: 

22 ‘‘(ii) MANDATORY FUNDING.—Of the 

23 funds of the Commodity Credit Corpora24 tion, the Secretary shall make available to 

25 carry out this subsection $20,000,000 for 

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1 fiscal year 2008, $30,000,000 for fiscal 

2 year 2009, $45,000,000 for fiscal year 

3 2010, $60,000,000 for fiscal year 2011, 

4 and not less than $75,000,000 for fiscal 

5 year 2012 and each fiscal year thereafter. 

6 Such funds shall remain available until ex7 pended.’’. 

8 SEC. 606. SENIOR FARMERS’ MARKET NUTRITION PRO9 GRAM. 

10 Section 4402 of the Farm Security and Rural Invest11 ment Act of 2002 (7 U.S.C. 3007) is amended— 

12 (1) in subsection (a) by striking ‘‘$5,000,000’’ 

13 and all that follows through ‘‘2007’’, and inserting 

14 ‘‘$20,000,000 for fiscal year 2008, $30,000,000 for 

15 fiscal year 2009, $45,000,000 for fiscal year 2010, 

16 $60,000,000 for fiscal year 2011, and not less than 

17 $75,000,000 for fiscal year 2012 and each fiscal 

18 year thereafter’’; 

19 (2) in subsection (b)— 

20 (A) in paragraph (2) by striking ‘‘and’’ at 

21 the end, 

22 (B) in paragraph (3) by striking the period 

23 at the end and inserting ‘‘; and’’, and 

24 (C) by adding at the end the following: 

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1 ‘‘(4) to promote the transition to organic and 

2 other environmentally beneficial food production sys3 tems.’’; and 

4 (3) by adding at the end the following new sub5 section: 

6 ‘‘(d) ELIGIBLE PARTICIPANTS; BENEFIT LEVELS.— 

7 The regulations required by subsection (c)— 

8 ‘‘(1) shall allow for participation by farmers’ 

9 markets, and roadside stands, community supported 

10 agriculture programs; and 

11 ‘‘(2) shall not limit the ability of State or re12 gional programs to set benefit levels per individual 

13 senior.’’. 

14 SEC. 607. FARMERS’ MARKET PROMOTION PROGRAM. 

15 Section 6 of the Farmer-to-Consumer Direct Mar16 keting Act of 1976 (7 U.S.C. 3005) is amended by strik17 ing subsections (d) and (e) and inserting the following: 

18 ‘‘(d) CRITERIA AND GUIDELINES.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall estab20 lish criteria and guidelines for the submission, eval21 uation, and funding of proposed projects under the 

22 Program. 

23 ‘‘(2) PRIORITY.—The Secretary shall prioritize 

24 for funding projects that will support, encourage, or 

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1 promote the transition to organic and other environ2 mentally beneficial forms of agricultural production. 

3 ‘‘(e) FUNDING.—The Secretary shall use 

4 $25,000,000 of funds of the Commodity Credit Corpora5 tion to carry out this section in each of the fiscal years 

6 2008 through 2013, of which $5,000,000 shall be used 

7 to support the use of electronic benefit transfers at farm8 ers’ markets.’’. 

9 SEC. 608. DEPARTMENT OF DEFENSE AND DEPARTMENT OF 

10 AGRICULTURE PROCUREMENT OF LOCALLY 

11 PRODUCED AGRICULTURAL PRODUCTS. 

12 (a) FINDINGS.—Congress finds the following: 

13 (1) Locally procured agricultural products, as 

14 compared to products transported from distant 

15 sources— 

16 (A) are often harvested closer to full ripe17 ness and can have higher nutritional quality; 

18 (B) can have improved ripeness, taste, or 

19 selection, which can increase rates of consump20 tion of agricultural products; and 

21 (C) are more efficient to store, distribute, 

22 and package. 

23 (2) Use of local produce— 

24 (A) reduces dependence upon foreign oil by 

25 reducing fuel consumption rates associated with 

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1 the production or transportation of agricultural 

2 products; 

3 (B) can help to improve the ability of those 

4 using the procurement system to provide edu5 cation on nutrition, farming, sustainability, en6 ergy efficiency, and the importance of local pur7 chases to the local economy; 

8 (C) helps to maintain a robust logistics 

9 network for agricultural product procurement; 

10 and 

11 (D) promotes farm, business, and economic 

12 development by accessing local markets. 

13 (3) Section 9(j) of the Richard B. Russell Na14 tional School Lunch Act (42 U.S.C. 1758(j)) directs 

15 the Secretary of Agriculture to encourage institu16 tions participating in the school lunch program es17 tablished under that Act and the school breakfast 

18 program established by section 4 of the Child Nutri19 tion Act of 1966 (42 U.S.C. 1773) to purchase, in 

20 addition to other food purchases, locally produced 

21 foods, to the maximum extent practicable and appro22 priate. 

23 (b) DEPARTMENT OF DEFENSE GEOGRAPHIC PRO24 CUREMENT PREFERENCE.—Notwithstanding any other 

25 provision of law, the Department of Defense may use a 

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1 geographic preference to purchase locally produced agri2 cultural products for— 

3 (1) the Defense Supply Center Philadelphia; 

4 (2) the Department of Defense Farm to School 

5 Program; 

6 (3) the Department of Defense Fresh Fruit and 

7 Vegetable Program; 

8 (4) the service academies; 

9 (5) Department of Defense domestic dependant 

10 schools; 

11 (6) other Department of Defense schools under 

12 chapter 108 of title 10, United States Code; 

13 (7) commissary and exchange stores; and 

14 (8) morale, welfare, and recreation facilities op15 erated by the Department of Defense 

16 (c) DEPARTMENT OF AGRICULTURE AND RELATED

17 ENTITIES GEOGRAPHIC PROCUREMENT PREFERENCE.— 

18 Notwithstanding any other provision of law, the Depart19 ment of Agriculture, schools, local educational agencies, 

20 and other entities may use a geographic preference to pur21 chase locally produced agricultural products for— 

22 (1) the school breakfast program established by 

23 section 4 of the Child Nutrition Act of 1966 (42 

24 U.S.C. 1773); 

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1 (2) the school lunch program established under 

2 the Richard B. Russell National School Lunch Act 

3 (42 U.S.C. 1751 et seq.); 

4 (3) the summer food service program for chil5 dren established under section 13 of the Richard B. 

6 Russell National School Lunch Act (42 U.S.C. 

7 1761); and 

8 (4) the child and adult care food program es9 tablished under section 17 of the Richard B. Russell 

10 National School Lunch Act (42 U.S.C. 1766). 

11 (d) ADDITION OF GEOGRAPHIC PREFERENCE.—In 

12 the case of the purchase of agricultural products for a pro13 gram or entity described in subsection (b) or (c), the local 

14 food service director or other entity making the purchase 

15 may include the geographic preference provided by such 

16 subsections in bid specifications and may select a bid in17 volving locally produced agricultural products, even if that 

18 bid is not the lowest bid. 

19 (e) REPORTING.—A school, local educational agency, 

20 or other entity participating in one or more of the pro21 grams described in subsection (c) shall report to the Sec22 retary of Agriculture if the school, local educational agen23 cy, or other entity pays more than 10 percent more than 

24 the lowest bid to purchase locally produced agricultural 

25 products in accordance with this section. 

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1 (f) REVIEW.—The Secretary of Defense and the Sec2 retary of Agriculture shall periodically review the use of 

3 the geographic preference provided by this section to pre4 vent fraud or abuse. 

5 SEC. 609. FRUIT AND VEGETABLE NUTRITION PROMOTION 

6 PROGRAM. 

7 (a) IN GENERAL.—The Secretary of Agriculture, act8 ing through the Administrator of the Agricultural Mar9 keting Service, shall establish and carry out a program 

10 to provide assistance to eligible trade organizations de11 scribed in subsection (c) to increase the consumption of 

12 fruits and vegetables in the United States to meet Federal 

13 health guidelines. 

14 (b) REQUIREMENTS FOR PARTICIPATION.—To be eli15 gible for assistance under this section, an organization 

16 shall— 

17 (1) be an eligible trade organization; 

18 (2) prepare and submit a plan to increase the 

19 consumption of fruits and vegetables in the United 

20 States to the Administrator of the Agricultural Mar21 keting Service that meets any guidelines governing 

22 such plans established by the Administrator; and 

23 (3) meet any other requirements established by 

24 the Administrator. 

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1 (c) ELIGIBLE TRADE ORGANIZATIONS.—An eligible 

2 trade organization under this section shall be— 

3 (1) a nonprofit fruit and vegetable trade organi4 zations in the United States; 

5 (2) a nonprofit State or regional fruit and vege6 table organization; 

7 (3) a fruit and vegetable agricultural coopera8 tive in the United States; 

9 (4) a commodity board or commission in the 

10 United States; or 

11 (5) a small business engaged in the fruit and 

12 vegetable industry in the United States. 

13 (d) MATCHING FUNDS.—Assistance provided under 

14 this section shall not exceed— 

15 (1) in the case of an organization described in 

16 paragraphs (1) through (4) of subsection (c), 90 

17 percent of the cost of the plan to increase the con18 sumption of fruits and vegetables in the United 

19 States submitted under subsection (b)(2); and 

20 (2) in the case of an organization described in 

21 subsection (c)(5), 50 percent of the cost of the plan 

22 to increase the consumption of fruits and vegetables 

23 in the United States submitted under subsection 

24 (b)(2). 

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1 (e) FUNDING.—Of the funds available to the Com2 modity Credit Corporation, the Administrator of the Agri3 cultural Marketing Service shall use $100,000,000 in each 

4 of fiscal years 2008 through 2011 to carry out this sec5 tion. 

6 SEC. 610. USE OF ‘‘DIETARY GUIDELINES FOR AMERICANS’’

7 IN SPECIAL NUTRITION PROGRAMS AND 

8 SCHOOL LUNCH PROGRAMS. 

9 Section 9(a) of the Richard B. Russell National 

10 School Lunch Act (42 U.S.C. 1758(a)) is amended by add11 ing at the end the following: 

12 ‘‘(5) ALLOCATIONS TO BE BASED ON DIETARY

13 GUIDELINES.—For school year 2007 and each school 

14 year thereafter, the Secretary shall ensure that allo15 cations of food and food ingredients offered in school 

16 nutrition programs under this Act and the Child 

17 Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) are 

18 based on the most recent Dietary Guidelines for 

19 Americans.’’. 

20 SEC. 611. SECTION 32 SPECIALTY CROP PURCHASES. 

21 (a) MINIMUM LEVEL OF PURCHASES.—Section 32 of 

22 the Act of August 24, 1935 (7 U.S.C. 612c) is amended 

23 in the sixth sentence by inserting after ‘‘and their prod24 ucts’’ the following: ‘‘, and, for each of fiscal years 2008 

25 through 2012, the Secretary of Agriculture shall devote 

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1 not less than $400,000,000 of sums appropriated under 

2 this section to purchases of non-basic agricultural com3 modities, such as fruits, vegetables, and other specialty 

4 food crops’’. 

5 (b) EXPANSION OF DOD FRESH PROGRAM.—Such 

6 section is further amended by inserting after the sixth sen7 tence, as amended by subsection (a), the following new 

8 sentence: ‘‘Of the funds specified in the preceding sen9 tence, the Secretary of Agriculture shall expend not less 

10 than $50,000,000 for fiscal year 2008, $75,000,000 for 

11 both fiscal years 2009 and 2010, $100,000,000 for fiscal 

12 year 2011, and $125,000,000 for fiscal year 2012 for the 

13 purchase of fresh fruits and vegetables for distribution to 

14 schools and service institutions in accordance with section 

15 6(a) of the Richard B. Russell National School Lunch Act 

16 (42 U.S.C. 1755(a)).’’. 

17 SEC. 612. ADMINISTRATION OF FOOD STAMP PROGRAM. 

18 Section 11(e)(1)(A) of the Food Stamp Act of 1977 

19 (7 U.S.C. 2020(e)(1)(A) is amended by inserting ‘‘, and 

20 provide food stamp nutrition education’’ after ‘‘program’’. 

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1 TITLE VII—PROMOTION OF NEW 

2 MARKETS AND FARM VIABILITY 

3 SEC. 701. NATIONAL ORGANIC CERTIFICATION AND TRAN4 SITION COST SHARE PROGRAM. 

5 Section 10606 of the Farm Security and Rural In6 vestment Act of 2002 (7 U.S.C. 6523) is amended to read 

7 as follows: 

8 ‘‘SEC. 10606. NATIONAL ORGANIC CERTIFICATION AND 

9 TRANSITION COST SHARE PROGRAM. 

10 ‘‘(a) IN GENERAL.—Of the funds of the Commodity 

11 Credit Corporation, the Secretary of Agriculture (acting 

12 through the Natural Resources Conservation Service) shall 

13 use $80,000,000 for each of fiscal years 2008 through 

14 2013 to establish a national organic certification and tran15 sition cost-share program to assist producers and handlers 

16 of agricultural products in obtaining certification under 

17 the national organic production program established under 

18 the Organic Foods Production Act of 1990 (7 U.S.C. 6501 

19 et seq.) and to assist producers and handlers in making 

20 the transition to organic production under the such pro21 gram. 

22 ‘‘(b) CERTIFICATION COSTS.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall pay 

24 under this section a portion of the costs incurred by 

25 a producer or handler in obtaining certification 

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1 under the national organic production program, as 

2 certified to and approved by the Secretary. 

3 ‘‘(2) MAXIMUM AMOUNT.—The amount of a 

4 payment made to a producer or handler for certifi5 cation under this section shall be $750 per year. 

6 ‘‘(3) FUNDING.—Of the funds made available 

7 under subsection (a), the Secretary (acting through 

8 the Agricultural Marketing Service) shall use 

9 $25,000,000 for each of the fiscal years 2008 

10 through 2013 to share up to 75 percent of the cost 

11 of certification. 

12 ‘‘(c) ACCREDITATION AND ENFORCEMENT COSTS.— 

13 Of the funds made available under subsection (a), the Sec14 retary (acting through the Agricultural Marketing Serv15 ice) shall use $5,000,000 for each of the fiscal years 2008 

16 through 2013 to fund the accreditation and enforcement 

17 programs operated by the National Organic Program to 

18 implement the accreditation and enforcement provisions of 

19 the Organic Foods Production Act of 1990. 

20 ‘‘(d) REIMBURSEMENTS FOR INFRASTRUCTURE NEC21 ESSARY TO IMPLEMENT ORGANIC PRACTICE STAND22 ARDS.— 

23 ‘‘(1) ESTABLISHMENT.—Not later than 180 

24 days after the date of the enactment of this Act, the 

25 Secretary shall establish a program to reimburse 

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1 producers and handlers for the costs of transition to 

2 organic production. 

3 ‘‘(2) PROGRAM.—Under the program estab4 lished under paragraph (1), the Secretary (acting 

5 through the Natural Resources Conservation Serv6 ice) shall use $50,000,000 for each of the fiscal 

7 years 2008 through 2013 to assist producers and 

8 handlers developing and implementing infrastructure 

9 and practices necessary to transition land and ani10 mals to meet the requirements of the Organic Food 

11 Production Act of 1990. 

12 ‘‘(3) PLAN SUBMISSION.—The Secretary may 

13 only reimburse a producer or handler under this sec14 tion if the producer or handler submits to the Sec15 retary an organic transition plan that contains the 

16 expected costs for infrastructure and practices, the 

17 environmental and economic benefits derived from 

18 the infrastructure or implementing organic practice 

19 standards, and a demonstration of the existence of 

20 a market or the reasonable expectation of a future 

21 market for the products to be produced or handled. 

22 ‘‘(4) APPROPRIATE INFRASTRUCTURE AND

23 PRACTICE STANDARDS.—The Secretary shall only re24 imburse producers and handlers under this sub25 section for the costs of the following: 

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1 ‘‘(A) Organic practices and activities dur2 ing transition to certified organic production 

3 consistent with an approved plan to transition 

4 to certified organic production. 

5 ‘‘(B) Farm infrastructure necessary to im6 plement organic practice standards, including 

7 livestock watering facilities and fencing, so long 

8 as such infrastructure is consistent with an ap9 proved plan to transition to certified organic 

10 production. 

11 ‘‘(C) Organic livestock welfare measures, 

12 so long as such infrastructure or practices and 

13 activities are necessary to implement an organic 

14 practice standard and are consistent with an 

15 approved plan to transition to certified organic 

16 production. 

17 ‘‘(D) Advanced organic practices consistent 

18 with approved certified organic production. 

19 ‘‘(E) Technical assistance, including the 

20 costs of developing an approved transition plan 

21 under this section. 

22 ‘‘(F) Other measures the Secretary, after 

23 consultation with the National Organic Stand24 ards Board, determines are appropriate. 

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1 ‘‘(5) ORGANIC TRANSITION TECHNICAL AD2 VICE.—The Secretary shall consult with the Na3 tional Organic Standards Board regarding the ele4 ments of an approved organic transition plan and to 

5 identify and recommend ways that the Secretary 

6 may generally use the resources provided for pro7 grams under subtitle D of title XII of the Food Se8 curity Act of 1985 (16 U.S.C. 3830 et seq.) to facili9 tate transition to organic production, including the 

10 resources provided by the Environmental Quality In11 centives Program and the Conservation Security 

12 Program. 

13 ‘‘(6) MAXIMUM AMOUNT FOR TRANSITION RE14 IMBURSEMENT.—Except as provided in (A) and (B), 

15 the maximum amount of reimbursement paid to a 

16 producer or handler for transition to organic produc17 tion under this section shall be $10,000 per fiscal 

18 year. 

19 ‘‘(A) SPECIALTY CROPS.—In the case of an 

20 individual or entity who annually produces 

21 three or more types of specialty crops, the indi22 vidual or entity may not receive, directly or in23 directly, cost-share or incentive payments under 

24 this section that, in the aggregate, exceed 

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1 $20,000 per year, for a period not to exceed 

2 four years. 

3 ‘‘(B) DAIRY.—In the case of an individual 

4 or entity whose principal farming enterprise is 

5 dairy, the individual or entity may not receive, 

6 directly or indirectly, cost-share or incentive 

7 payments under this section that, in the aggre8 gate, exceed $20,000 per year, for a period not 

9 to exceed four years. 

10 ‘‘(7) ELIGIBLE FISCAL YEARS.—A producer or 

11 handler may only receive payments— 

12 ‘‘(A) in four fiscal years; and 

13 ‘‘(B) after the first payment, in the fiscal 

14 year in which such payment was made and the 

15 three subsequent fiscal years. 

16 ‘‘(8) TRANSITION REIMBURSEMENTS.—A cer17 tified organic producer or handler under the national 

18 organic production program shall be eligible for re19 imbursements to make the transition to organic pro20 duction for new lands and livestock. 

21 ‘‘(9) SUSPENSION AUTHORITY.—To ensure or22 derly and continued growth in organic farming— 

23 ‘‘(A) prior to each fiscal year and no later 

24 than October 1st of each year, the Secretary 

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1 ments analyzing the domestic production and 

2 consumption, import and export organic market 

3 demand and growth potential for each organic 

4 commodity and the anticipated number and 

5 total amount of new reimbursements for the fol6 lowing year affecting each commodity; and 

7 ‘‘(B) the Secretary shall not enroll new 

8 producers under this subsection if, for any par9 ticular agricultural commodity, any new pro10 ducers would produce an increased amount of 

11 that agricultural commodity that the Secretary 

12 finds is reasonably anticipated to affect the con13 tinuing economic viability of farmers currently 

14 certified under the national organic production 

15 program or would create unreasonable geo16 graphic disparities in the distribution of reim17 bursements provided under this section. 

18 ‘‘(10) APPEALS.—An applicant seeking transi19 tion assistance under this section has the right to 

20 appeal an adverse decision by Secretary with regard 

21 to an application for assistance, as provided in sec22 tion 275 of the Department of Agriculture Reorga23 nization Act of 1994 (7 U.S.C. 6995). 

24 ‘‘(e) TECHNICAL AND EDUCATIONAL ASSISTANCE.— 

25 Of the funds made available under subsection (a) for a 

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1 fiscal year, the Secretary shall use not less than 

2 $15,000,000 to provide technical and educational assist3 ance to producers and handlers to carry out this section, 

4 including entering into cooperative agreements with quali5 fied entities to implement the transition to organic produc6 tion. 

7 ‘‘(f) REPORTING.—Not later than March 1 of each 

8 year, the Secretary shall submit to Congress and the Na9 tional Organic Standards Board a report detailing State10 by-State expenditures on certification, including the num11 ber of producers and handlers served by the program, and 

12 State-by-State expenditures on transition assistance, in13 cluding the number of producers and handlers served by 

14 the program, the practices implemented, an assessment of 

15 the impacts of the program on organic production, and 

16 recommended reforms, if any.’’. 

17 TITLE VIII—RURAL REGIONAL 

18 INVESTMENT INITIATIVE 

19 SEC. 801. RURAL REGIONAL INVESTMENT INITIATIVE. 

20 (a) DEFINITION OF ELIGIBLE AREA.—Section 385B 

21 of the Consolidated Farm and Rural Development Act (7 

22 U.S.C. 2009dd–1) is amended by striking paragraph (3) 

23 and inserting the following: 

24 ‘‘(3) ELIGIBLE AREA.—The term ‘eligible area’ 

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1 formation contained in the 2000 decennial census, 

2 has a population that resides in areas more than 50 

3 percent of which are classified as rural by the Sec4 retary.’’. 

5 (b) COMPOSITION OF REGIONAL BOARDS.—Section 

6 385C(b)(2)(A) of the Consolidated Farm and Rural Devel7 opment Act (7 U.S.C. 2009dd–2(b)(2)(A)) is amended by 

8 striking clauses (vi) and (vii) and inserting the following: 

9 ‘‘(vi) academic institutions, including 

10 community colleges; 

11 ‘‘(vii) faith-based organizations; 

12 ‘‘(viii) other entities and organiza13 tions, as determined by the Regional 

14 Board; and 

15 ‘‘(ix) consortia of entities and organi16 zations described in clauses (i) through 

17 (viii).’’. 

18 (c) COMPOSITION OF NATIONAL BOARD ON RURAL

19 AMERICA.—Section 385D(b)(1)(A) of the Consolidated 

20 Farm and Rural Development Act (7 U.S.C. 2009dd– 

21 3(b)(1)(A)) is amended by striking clauses (iv) through 

22 (vii) and inserting the following: 

23 ‘‘(iv) representatives of State and 

24 local governments; 

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1 ‘‘(v) representatives of the rural phil2 anthropic community; 

3 ‘‘(vi) representatives of Indian tribes 

4 (as defined in section 4 of the Indian Self5 Determination and Education Assistance 

6 Act (25 U.S.C. 450b)); 

7 ‘‘(vii) representatives of nonprofit or8 ganizations; 

9 ‘‘(viii) representatives of academic in10 stitutions, including community colleges; 

11 and 

12 ‘‘(ix) representatives of such other en13 tities or organizations as the Secretary 

14 considers to be appropriate.’’. 

15 (d) AMOUNT OF GRANTS.—Section 385E of the Con16 solidated Farm and Rural Development Act (7 U.S.C. 

17 2009dd–4) is amended— 

18 (1) in subsection (a), by striking 

19 ‘‘$100,000,000’’ and inserting ‘‘$200,000,000 each 

20 year’’; and 

21 (2) in subsection (b)— 

22 (A) in the matter before paragraph (1), by 

23 inserting ‘‘each year’’ after ‘‘shall use’’; 

24 (B) in paragraph (1), by striking 

25 ‘‘$8,000,000’’ and inserting ‘‘$20,000,000’’; 

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1 (C) in paragraph (2)— 

2 (i) by striking ‘‘$87,000,000’’ and in3 serting ‘‘$135,000,000’’; and 

4 (ii) by striking ‘‘and’’ at the end; 

5 (D) by redesignating paragraph (3) as 

6 paragraph (4); and 

7 (E) by inserting after paragraph (2) the 

8 following: 

9 ‘‘(3) not less than $40,000,000 to carry out 

10 section 385I; and’’. 

11 (e) RURAL STRATEGIC INVESTMENT PLANNING

12 GRANTS.—Section 385F of the Consolidated Farm and 

13 Rural Development Act (7 U.S.C. 2009dd–5) is amend14 ed— 

15 (1) by striking subsection (c) and inserting the 

16 following: 

17 ‘‘(c) PREFERENCES.—In awarding planning grants, 

18 the National Board shall give a preference to planning 

19 grants that will be used— 

20 ‘‘(1) to address community capacity building 

21 and community sustainability; 

22 ‘‘(2) to incorporate other Federal agency devel23 opment plans; or 

24 ‘‘(3) to leverage available public and private as25 sets.’’; and 

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1 (2) in subsection (d), by striking ‘‘$100,000’’ 

2 and inserting ‘‘$250,000’’. 

3 (f) INNOVATION GRANTS.—Section 385G of the Con4 solidated Farm and Rural Development Act (7 U.S.C. 

5 2009dd–6) is amended— 

6 (1) in subsection (a), by inserting ‘‘to be admin7 istered by the Office of Rural Development’’ after 

8 ‘‘innovation grants’’; 

9 (2) in subsection (d)(7), by inserting ‘‘, includ10 ing poverty alleviation’’ before the period at the end; 

11 and 

12 (3) in subsection (e)— 

13 (A) by redesignating paragraph (4) as 

14 paragraph (5); and 

15 (B) by inserting after paragraph (3) the 

16 following: 

17 ‘‘(4) NON-FEDERAL ORGANIZATIONS.—A Re18 gional Board may select 1 or more non-Federal or19 ganizations to manage and use innovation grants ap20 proved and awarded under this section.’’. 

21 SEC. 802. RURAL REGIONAL ENTREPRENEURSHIP PRO22 GRAM. 

23 Subtitle I of the Consolidated Farm and Rural Devel24 opment Act (7 U.S.C. 2009dd et seq.) is amended by add25 ing at the end the following: 

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1 ‘‘SEC. 385I. RURAL REGIONAL ENTREPRENEURSHIP PRO2 GRAM. 

3 ‘‘(a) DEFINITION OF RURAL ENTREPRENEUR.—The 

4 term ‘rural entrepreneur’ means a microentrepreneur, or 

5 prospective microentrepreneur— 

6 ‘‘(1) the principal place of business of which is 

7 in an eligible area; and 

8 ‘‘(2) that is unable to obtain sufficient training, 

9 technical assistance, or microcredit elsewhere, as de10 termined by the Secretary. 

11 ‘‘(b) PROGRAM.—The Secretary shall establish a 

12 rural regional entrepreneurship program under which the 

13 Secretary shall provide grants to stimulate rural entrepre14 neurship and provide technical assistance, research, and 

15 evaluation to rural entrepreneurs. 

16 ‘‘(c) BLOCK GRANTS.— 

17 ‘‘(1) IN GENERAL.—From amounts made avail18 able under subsection (f), the Secretary shall use 

19 $15,000,000 for each fiscal year to make block 

20 grants to States in accordance with this subsection. 

21 ‘‘(2) AMOUNT OF GRANT.—A grant to a State 

22 under this subsection for any fiscal year shall be in 

23 an amount that is, as determined by the National 

24 Board— 

25 ‘‘(A) not more than $400,000; and 

26 ‘‘(B) not less than $200,000. 

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1 ‘‘(3) COST SHARE.—To be eligible to receive a 

2 grant under this subsection, a State shall match any 

3 grant funds received under this subsection with an 

4 equal or greater amount of non-Federal funds. 

5 ‘‘(4) USE OF FUNDS.—A State shall use funds 

6 received under this subsection to support multi-coun7 ty entrepreneurship development systems focused on 

8 eligible areas in consultation with the RUPRI Cen9 ter for Rural Entrepreneurship. 

10 ‘‘(d) COMPETITIVE REGIONAL ENTREPRENEURSHIP

11 GRANTS.— 

12 ‘‘(1) IN GENERAL.—From amounts made avail13 able under subsection (f), the Secretary shall— 

14 ‘‘(A) transfer $15,000,000 for each fiscal 

15 year to the National Board to make regional 

16 entrepreneurship grants to rural entrepreneurs 

17 through a competitive application process; and 

18 ‘‘(B) use at least $10,000,000 to make 

19 grants to successful applicants identified as re20 gional intermediaries under subsection (e)(3). 

21 ‘‘(2) ADMINISTRATION.—The Under Secretary 

22 for Rural Development shall administer grants 

23 under this subsection. 

24 ‘‘(e) CENTER FOR RURAL ENTREPRENEURSHIP.— 

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1 ‘‘(1) IN GENERAL.—From amounts made avail2 able under subsection (f), the Secretary shall trans3 fer $10,000,000 for each fiscal year to the RUPRI 

4 Center for Rural Entrepreneurship (referred to in 

5 this subsection as the ‘Center’) for use in accordance 

6 with this subsection. 

7 ‘‘(2) RESEARCH, EVALUATION, AND DATA COL8 LECTION AND ANALYSIS.— 

9 ‘‘(A) IN GENERAL.—Of the amount trans10 ferred to the Center under paragraph (1), the 

11 Center shall use $5,000,000 for each fiscal year 

12 to carry out research, evaluation, and data col13 lection and analysis programs, of which not less 

14 than $500,000 for each fiscal year shall be used 

15 to enter into contracts, in accordance with a na16 tional research agenda approved by the Na17 tional Board, with each of— 

18 ‘‘(i) the regional rural development 

19 centers described in section 1670(a) of the 

20 Food, Agriculture, Conservation, and 

21 Trade Act of 1990 (7 U.S.C. 5923(a)); 

22 and 

23 ‘‘(ii) the Economic Research Service. 

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1 ‘‘(B) COORDINATION AND FOCUS OF PRO2 GRAMS.—The programs carried out under this 

3 paragraph shall— 

4 ‘‘(i) be coordinated by the Center 

5 across a broad range of higher education 

6 institutions and research organizations; 

7 and 

8 ‘‘(ii) focus on providing insights and 

9 creating opportunities for sustained entre10 preneurship development in rural areas of 

11 the United States. 

12 ‘‘(3) REGIONAL INTERMEDIARIES.—Of the 

13 amount transferred to the Center under paragraph 

14 (1), the Center shall use $4,000,000 for each fiscal 

15 year to establish and maintain a nationwide network 

16 of regional intermediaries with the capacity and 

17 tools— 

18 ‘‘(A) to provide effective entrepreneurship 

19 development information, training, and tech20 nical assistance to rural regions and commu21 nities in the United States; and 

22 ‘‘(B) to enhance the effectiveness of orga23 nizations that provide direct technical assist24 ance and training services to rural entre25 preneurs. 

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1 ‘‘(4) MANAGEMENT ACTIVITIES AND RE2 PORTS.—Of the amount transferred to the Center 

3 under paragraph (1), the Center shall use 

4 $1,000,000 for each fiscal year— 

5 ‘‘(A) to enhance and sustain the capacity 

6 and ability of the Center to direct and manage 

7 the programs and activities described in para8 graphs (1), (2), and (3); and 

9 ‘‘(B) to submit— 

10 ‘‘(i) to the National Board, an annual 

11 report that describes those programs and 

12 activities carried out during the year cov13 ered by the report; and 

14 ‘‘(ii) to the Secretary, an annual re15 port that describes the state of entrepre16 neurship in the United States during the 

17 year covered by the report. 

18 ‘‘(5) AVAILABILITY OF FUNDS; CONTRACTS.— 

19 ‘‘(A) AVAILABILITY OF FUNDS.—Funds 

20 made available under this subsection shall re21 main available until expended, including for any 

22 purpose under this section. 

23 ‘‘(B) CONTRACTS.—Each contract entered 

24 into by the Center and an individual or entity 

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1 shall be based on the performance of the indi2 vidual or entity. 

3 ‘‘(f) FUNDING.—Of funds made available under sec4 tion 385E(b)(3), for each of fiscal years 2008 through 

5 2012, the Secretary shall use to carry out this section 

6 $40,000,000, to remain available until expended.’’. 

7 TITLE IX—NUTRITION 

8 SEC. 901. RENAMING THE FOOD STAMP PROGRAM. 

9 (a) AMENDMENT.— Section 3(h) of the Food Stamp 

10 Act of 1977 (7 U.S.C. 2012(h)) is amended by striking 

11 ‘‘Food stamp program’’ and inserting ‘‘Secure Nutrition 

12 Access Program’’. 

13 (b) REFERENCES.—Any reference to the food stamp 

14 program iin any law, regulation, document, paper, or other 

15 record of the United States shall be deemed to be a ref16 erence to the Secure Nutrition Access Program. 

17 Subtitle A—Improving Benefit 

18 Adequacy 

19 SEC. 911. STRENGTHENING THE FOOD PURCHASING 

20 POWER OF LOW-INCOME AMERICANS. 

21 Section 5(e)(1) of the Food Stamp Act of 1977 (7 

22 U.S.C. 2014(e)(1)) is amended— 

23 (1) in subparagraph (A)(ii) by striking ‘‘not 

24 less than $134’’ and all that follows to the end of 

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1 the clause and inserting the following: ‘‘not less 

2 than— 

3 ‘‘(I) for fiscal year 2008, $150, 

4 $256, $212, and $132, respectively; 

5 ‘‘(II) for fiscal year 2009, $170, 

6 $291, $240, and $150, respectively; 

7 ‘‘(III) for fiscal year 2010, $180, 

8 $308, $254, and $159, respectively; 

9 ‘‘(IV) for fiscal year 2011, $201, 

10 $344, $284, and $177, respectively; 

11 and 

12 ‘‘(V) for each fiscal year there13 after, an amount that is equal to the 

14 amount from the previous fiscal year 

15 adjusted to the nearest lower dollar 

16 increment to reflect changes in the 

17 Consumer Price Index for all urban 

18 consumers published by the Bureau of 

19 Labor Statistics, for items other than 

20 food, for the twelve months ending the 

21 preceding June 30.’’; and 

22 (2) in subparagraph (B)(ii) by striking ‘‘not 

23 less than $269.’’ and inserting the following: ‘‘not 

24 less than— 

25 ‘‘(I) for fiscal year 2008, $301; 

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1 ‘‘(II) for fiscal year 2009, $341; 

2 ‘‘(III) for fiscal year 2010, $361; 

3 ‘‘(IV) for fiscal year 2011, $404; 

4 and 

5 ‘‘(V) for each fiscal year there6 after, an amount that is equal to the 

7 amount from the previous fiscal year 

8 adjusted to the nearest lower dollar 

9 increment to reflect changes in the 

10 Consumer Price Index for all urban 

11 consumers published by the Bureau of 

12 Labor Statistics, for items other than 

13 food, for the twelve months ending the 

14 preceding June 30.’’. 

15 SEC. 912. SUPPORTING WORKING FAMILIES WITH CHILD 

16 CARE EXPENSES. 

17 Section 5(e)(3)(A) of the Food Stamp Act of 1977 

18 (7 U.S.C. 2014(e)(3)(A)) is amended by striking ‘‘, the 

19 maximum allowable level of which shall be $200 per month 

20 for each dependent child under 2 years of age and $175 

21 per month for each other dependent,’’. 

22 SEC. 913. EXCLUSION OF COMBAT-RELATED MILITARY PAY 

23 FROM COUNTABLE INCOME. 

24 Section 5(d) of the Food Stamp Act of 2007 (7 

25 U.S.C. 2014(d)) is amended— 

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1 (1) by striking ‘‘ and (18)’’, and inserting 

2 ‘‘(18)’’, and 

3 (2) by inserting before the period at the end the 

4 following: 

5 ‘‘and (19) any additional payment received under chapter 

6 5 of title 37, United States Code, by a member of the 

7 United States Armed Forces deployed to a designated 

8 combat zone for the duration of the member’s deployment 

9 if the additional pay is the result of deployment to or while 

10 serving in a combat zone, and it was not received imme11 diately prior to serving in the combat zone’’. 

12 SEC. 914. INCREASING THE MINIMUM BENEFIT. 

13 Section 8(a) of the Food Stamp Act of 1977 (7 

14 U.S.C. 2017(a)) is amended by striking ‘‘be $10 per 

15 month.’’ and inserting ‘‘be— 

16 ‘‘(1) for fiscal year 2008, 10 percent of the 

17 thrifty food plan for a household containing one 

18 member, as determined by the Secretary under sec19 tion 3(o); 

20 ‘‘(2) for fiscal year 2009, 13 percent of the 

21 thrifty food plan for a household containing one 

22 member, as determined by the Secretary under sec23 tion 3(o); 

24 ‘‘(3) for fiscal year 2010, 15 percent of the 

25 thrifty food plan for a household containing one 

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1 member, as determined by the Secretary under sec2 tion 3(o); 

3 ‘‘(4) for fiscal year 2011, 18 percent of the 

4 thrifty food plan for a household containing one 

5 member, as determined by the Secretary under sec6 tion 3(o); 

7 ‘‘(5) for fiscal year 2012 and each fiscal year 

8 thereafter, 20 percent of the thrifty food plan for a 

9 household containing one member, as determined by 

10 the Secretary under section 3(o).’’. 

11 Subtitle B—Improving Food Secu12 rity and Simplifying Program 

13 Operations 

14 SEC. 921. ALLOWABLE COUNTABLE RESOURCES. 

15 Section 5(g) of the Food Stamp Act of 1977 (7 

16 U.S.C. 2014(g)) is amended— 

17 (1) by striking ‘‘(g)(1) The Secretary’’ and in18 serting the following: 

19 ‘‘(g) ALLOWABLE FINANCIAL RESOURCES.— 

20 ‘‘(1) TOTAL AMOUNT.— 

21 ‘‘(A) IN GENERAL.—The Secretary’’; 

22 (2) in subparagraph (A) (as designated by 

23 paragraph (1))— 

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1 (A) by striking ‘‘$2,000’’ and inserting 

2 ‘‘$3,700 (as adjusted in accordance with sub3 paragraph (B))’’; and 

4 (B) by striking ‘‘$3,000’’ and inserting 

5 ‘‘$5,500 (as adjusted in accordance with sub6 paragraph (B))’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(B) ADJUSTMENT FOR INFLATION.— 

9 ‘‘(i) IN GENERAL.—Beginning on Oc10 tober 1, 2008, and each October 1 there11 after, the amounts in subparagraph (A) 

12 shall be adjusted to the nearest $100 in13 crement to reflect changes for the 12- 

14 month period ending the preceding June in 

15 the Consumer Price Index for All Urban 

16 Consumers published by the Bureau of 

17 Labor Statistics of the Department of 

18 Labor. 

19 ‘‘(ii) REQUIREMENT.—Each adjust20 ment under clause (i) shall be based on the 

21 unrounded amount for the prior 12-month 

22 period.’’. 

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1 SEC. 922. EXCLUSION OF RETIREMENT ACCOUNTS FROM 

2 COUNTABLE FINANCIAL RESOURCES. 

3 (a) ACCOUNTS.—Section 5(g)(2)(B)(v) of the Food 

4 Stamp Act of 1977 (7 U.S.C. 2014(g)(2)(B)(v)) is amend5 ed by striking ‘‘or retirement account (including an indi6 vidual account)’’ and inserting ‘‘account’’. 

7 (b) MANDATORY AND DISCRETIONARY EXCLU8 SIONS.—Section 5(g) of the Food Stamp Act of 1977 (7 

9 U.S.C. 2014(g)) is amended by adding at the end the fol10 lowing: 

11 ‘‘(7) EXCLUSION OF RETIREMENT ACCOUNTS

12 FROM COUNTABLE FINANCIAL RESOURCES.— 

13 ‘‘(A) MANDATORY EXCLUSIONS.—The Sec14 retary shall exclude from financial resources 

15 under this subsection the value of any funds in 

16 a plan, contract, or account, described in sec17 tions 401(a), 403(a), 403(b), 408, 408A, 

18 457(b), and 501(c)(18) of the Internal Revenue 

19 Code of 1986 and the value of funds in a Fed20 eral Thrift Savings Plan account as provided in 

21 section 8439 of title 5, United States Code. 

22 ‘‘(B) DISCRETIONARY EXCLUSIONS.—The 

23 Secretary may exclude from financial resources 

24 under this subsection the value of any other re25 tirement plans, contracts, or accounts (as deter26 mined by the Secretary through regulation).’’. 

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1 SEC. 923. EXCLUSION OF EDUCATION ACCOUNTS FROM 

2 COUNTABLE FINANCIAL RESOURCES. 

3 Section 5(g) of the Food Stamp Act of 1977 (7 

4 U.S.C. 2014(g), as amended by section 922, is amended 

5 by adding at the end the following: 

6 ‘‘(8) EXCLUSION OF EDUCATION ACCOUNTS

7 FROM COUNTABLE FINANCIAL RESOURCES.— 

8 ‘‘(A) MANDATORY EXCLUSIONS.—The Sec9 retary shall exclude from financial resources 

10 under this subsection the value of any funds in 

11 a qualified tuition program described in section 

12 529 of the Internal Revenue Code of 1986 or 

13 in a Coverdell education savings account under 

14 section 530 of that Code. 

15 ‘‘(B) DISCRETIONAL EXCLUSIONS.—The 

16 Secretary may exclude from financial resources 

17 under this subsection the value of any other 

18 education programs, contracts, or accounts (as 

19 determined by the Secretary through regula20 tion.’’. 

21 SEC. 924. SIMPLIFYING WORK REQUIREMENT. 

22 Section 6(o) of the Food Stamp Act of 1977 (7 

23 U.S.C. 2015(o)) is amended— 

24 (1) in paragraph (1)(C) by deleting ‘‘, other 

25 than a job search program or a job search training 

26 program’’; 

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1 (2) in paragraph (2)— 

2 (A) by striking ‘‘36’’ and replacing it with 

3 ‘‘12’’; and 

4 (B) by striking ‘‘3’’ and replacing it with 

5 ‘‘6’’; and 

6 (3) by striking paragraph (5) and inserting: 

7 ‘‘(5) SUBSEQUENT ELIGIBILITY.—Individuals 

8 denied eligibility under paragraph (2) shall regain 

9 eligibility to participate in the food stamp program 

10 if the State agency determines, pursuant to stand11 ards promulgated by the Secretary, that the individ12 uals have been supporting themselves through work. 

13 An otherwise eligible individual who regains eligi14 bility under this provision may participate as long as 

15 the State agency expects the individual to qualify 

16 under paragraph (3), (4), or (6) and for an addi17 tional six-month period when such individual does 

18 not comply with such paragraphs.’’. 

19 SEC. 925. FAIRNESS FOR LEGAL IMMIGRANTS. 

20 Notwithstanding sections 401(a), 402(a), and 403(a) 

21 of the Personal Responsibility and Work Opportunity Rec22 onciliation At of 1996 (8 U.S.C. 1611(a), 1612(a), 

23 1613(a)) and section 6(f) of the Food Stamp Act of 1977 

24 (7 U.S.A. 2015(f)), persons who are lawfully residing in 

25 the United States shall be not be ineligible for food stamps 

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1 on the basis of their immigration status or date of entry 

2 into the United States. 

3 SEC. 926. CLARIFYING ELIGIBILITY. 

4 Section 421 of the Personal Responsibility and Work 

5 Opportunity Reconciliation At of 1996 (8 U.S.C. 

6 1631(d)(3)) is amended — 

7 (1) by striking ‘‘to the extent that a qualified 

8 alien is eligible under section 1612(a)(2)(J) of this 

9 title.’’ and 

10 (2) inserting, ‘‘to the extent that a child is a 

11 member of the food stamp household.’’. 

12 SEC. 927. ENSURING PROPER SCREENING. 

13 Section 11(e)(2)(B) of the Food Stamp Act of 1977 

14 (7 U.S.C. 2020(e)(2)(B)) is amended— 

15 (1) by redesignating clauses (vi) and (vii) as 

16 clauses (vii) and (viii); and 

17 (2) by inserting after clause (v) the following: 

18 ‘‘(vi) shall provide a method for imple19 menting of section 421 of the Personal Re20 sponsibility and Work Opportunity Rec21 onciliation At of 1996 (8 U.S.C. 1631) 

22 that does not require any unnecessary in23 formation from persons who may be ex24 empt from that provision;’’. 

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1 SEC. 928. CLARIFICATION OF SIMPLIFIED ADMINISTRATIVE 

2 REPORTING REQUIREMENT. 

3 Section 11(a) of the Food Stamp Act of 1977 (7 

4 U.S.C. 2020(a)) is amended by adding at the end ‘‘The 

5 administrative reporting requirement under 8 U.S.C. 

6 1631(e)(2) shall be satisfied by the submission of an ag7 gregate report on the numbers of such exceptions granted 

8 each year.’’. 

9 Subtitle C—Connecting Eligible 

10 Families and Individuals to 

11 Food Stamps 

12 SEC. 931. FACILITATING SIMPLIFIED REPORTING. 

13 Section 6(c) of the Food Stamp Act of 1977 (7 

14 U.S.C. 2015(c)(1)(A)) is amended— 

15 (1) in paragraph (1)(A), by— 

16 (A) striking ‘‘reporting by’’ and inserting 

17 ‘‘reporting’’; 

18 (B) inserting ‘‘for periods shorter than 

19 four months by’’ after the clause designations 

20 in clauses (i) and (ii); and 

21 (C) inserting ‘‘by’’ after the clause des22 ignation in clause (iii); 

23 (2) in paragraph (3), by— 

24 (A) striking ‘‘Reports required to be filed 

25 monthly under paragraph (1)’’ and inserting 

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1 ‘‘Except as provided in paragraph (1)(D)(ii), 

2 periodic reports filed under paragraph (1)’’; 

3 (B) striking ‘‘required to be filed month4 ly’’; 

5 (C) striking ‘‘subject matter included in 

6 such reports’’ and inserting ‘‘such households’’; 

7 and 

8 (D) inserting after the third sentence the 

9 following: ‘‘The State agency shall not be re10 quired to act on information about such house11 hold received from any source between such 

12 periodic reports unless the information clearly 

13 indicates that the household is not eligible, sub14 ject to standards established by the Secretary, 

15 or the household requests an increase in bene16 fits.’’. 

17 SEC. 932. STATE OPTION FOR TELEPHONIC SIGNATURE. 

18 Section 11(e)(2)(C) of the Food Stamp Act of 1977 

19 (7 U.S.C. 2020(e)(2)(C)) is amended by inserting at the 

20 end: ‘‘A State agency may establish a system by which 

21 an applicant household may sign an application through 

22 a recorded verbal assent over the telephone. Any such sys23 tem shall— 

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1 ‘‘(i) record for future reference the 

2 household member’s verbal assent and the 

3 information to which assent was given; 

4 ‘‘(ii) include effective safeguards 

5 against impersonation, identity theft, or in6 vasions of privacy; 

7 ‘‘(iii) not deny or interfere with the 

8 right of the household to apply in writing; 

9 ‘‘(iv) promptly send the household 

10 member a written copy of the signed appli11 cation, with instructions on a simple proce12 dure for correcting any errors or omis13 sions; 

14 ‘‘(v) comply with paragraph (1)(B); 

15 ‘‘(vi) satisfy all requirements for a 

16 signature on an application under this Act 

17 and other laws applicable to the food and 

18 nutrition assistance program, with the date 

19 on which the household member provides 

20 verbal assent effective as the date of appli21 cation for all purposes; and 

22 ‘‘(vii) comply with such other stand23 ards as the Secretary may establish.’’. 

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1 SEC. 933. REAUTHORIZATION OF FOOD STAMP PROGRAM 

2 AND FOOD DISTRIBUTION PROGRAM ON IN3 DIAN RESERVATIONS. 

4 (a) FOOD STAMP EMPLOYMENT AND TRAINING.— 

5 Section 16(h)(1) of the Food Stamp Act of 1977 (7 U.S.C. 

6 2025(h)(1)) is amended 

7 (1) in subparagraph (A)(vi)(II) by striking 

8 ‘‘2002 through 2007’’ and inserting ‘‘2008 through 

9 2012’’; and 

10 (2) in subparagraph (E)(i) by striking ‘‘2002 

11 through 2007’’ and inserting ‘‘2008 through 2012’’. 

12 (b) REDUCTIONS IN PAYMENTS FOR ADMINISTRA13 TIVE COSTS.—Section 16(k)(3) of the Food Stamp Act 

14 of 1977 (7 U.S.C. 2025(k)(3)) is amended— 

15 (1) in the first sentence of subparagraph (A), 

16 by striking ‘‘2007’’ and inserting ‘‘2012’’; and 

17 (2) in subparagraph (B)(ii) by striking ‘‘2007’’ 

18 and inserting ‘‘2012’’. 

19 (c) CASH PAYMENT PILOT PROJECTS.—Section 

20 17(b)(1)(B)(vi) of the Food Stamp Act of 1977 (7 U.S.C. 

21 2026(b)(1)(B(vi)) is amended by striking ‘‘2007’’ and in22 serting ‘‘2012’’. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 18(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 

25 2027(a)(1)) is amended in the first sentence by striking 

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1 ‘‘2003 through 2007’’ and inserting ‘‘2008 through 

2 2012’’. 

3 (e) CONSOLIDATED BLOCK GRANTS FOR PUERTO

4 RICO AND AMERICAN SAMOA.—Section 19(a)(2) of the 

5 Food Stamp Act of 1977 (7 U.S.C. 2028(a)(2)) is amend6 ed in subparagraph (A)(ii) by striking ‘‘2007’’ and insert7 ing ‘‘2012’’. 

8 (f) COMMODITY DISTRIBUTION PROGRAM.—Section 

9 4(a) of the Agriculture and Consumer Protection Act of 

10 1973 (7 U.S.C. 612c note) is amended in the first sen11 tence by striking ‘‘2007’’ and inserting ‘‘2012’’. 

12 SEC. 934. ACCESS TO BENEFITS. 

13 Section 7 of the Food Stamp Act of 1977 (7 U.S.C. 

14 2016) is amended by inserting at the end the following: 

15 ‘‘(k) No State agency shall establish any additional 

16 requirements or conditions on households to receive bene17 fits, other than those specified in this section.’’. 

18 SEC. 935. OUTREACH GRANTS. 

19 Section 11(t)(1) of the Food Stamp Act of 2007 (7 

20 U.S.C. 2020(t)(1)) is amended by striking ‘‘For each of 

21 fiscal years’’ and all that follows through $5,000,000, and 

22 inserting ‘‘For each of fiscal years 2008 through 2012, 

23 the Secretary shall use not more than $15,000,000’’. 

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1 SEC. 936. IMPROVING PROGRAM OPERATIONS AND PRO2 GRAM EFFECTIVENESS. 

3 Section 17 of the Food Stamp Act of 1977 (7.U.S.C. 

4 2026) is amended by adding at the end the following: 

5 ‘‘(k) RESEARCH TO IMPROVE PROGRAM OPERATION

6 EFFECTIVENESS.— 

7 ‘‘(1) For each of fiscal years 2008 through 

8 2010, the Secretary shall use no less than 

9 $9,000,000 of funds made available under Section 

10 18(a)(1) to conduct research and demonstration 

11 projects in support of the Food Stamp Act. 

12 ‘‘(2) Of the funds provided in paragraph (1), no 

13 less than $4,000,000 in each fiscal year shall be 

14 used to conduct research and studies on how to im15 prove the effectiveness of food stamp program oper16 ations by increasing access for eligible households, 

17 reducing State agency and household administrative 

18 burdens, and improving program integrity. Such 

19 studies may evaluate the most effective— 

20 ‘‘(A) use of verification; 

21 ‘‘(B) telephonic and internet applications; 

22 ‘‘(C) call centers; 

23 ‘‘(D) efforts to retain eligible households at 

24 recertification; and 

25 ‘‘(E) methods of providing food stamps to 

26 working households, seniors, legal immigrants, 

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1 and households with limited English proficient 

2 households, particularly in areas and States 

3 that have experienced rapid growth in their 

4 non-English speaking populations.’’. 

5 SEC. 937. IMPROVING PERFORMANCE BONUSES FOR 

6 STATES. 

7 Section 16(d)(2)(B)(ii) of the Food Stamp Act of 

8 1977 (7 U.S.C. 2025(d)) is amended by— 

9 (1) inserting ‘‘through fiscal year 2007’’ after 

10 ‘‘each fiscal year’’; and 

11 (2) inserting at the end ‘‘For each of fiscal 

12 years 2008 and thereafter, $68,000,000 shall be 

13 available under this clause for performance bonus 

14 payments.’’. 

15 SEC. 938. SUPPORTING STATE EFFORTS DURING NATURAL 

16 DISASTERS. 

17 Section 5(h) of the Food Stamp Act of 1977 (7 

18 U.S.C. 2014(h)) is amended by adding at the end the fol19 lowing: 

20 ‘‘(4) In lieu of the payments section 16(a) 

21 would otherwise require, the Secretary shall pay 

22 each State agency an amount equal to 90 per cen23 tum of administrative costs allowable under section 

24 16(a) for costs related to planning and operating 

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1 disaster food stamp programs under this sub2 section.’’. 

3 SEC. 939. ADDRESSING HUNGER IN THE COMMONWEALTH 

4 OF PUERTO RICO. 

5 Section 19(a)(2)(A) of the Food Stamp Act of 1977 

6 (7 U.S.C. 2028(a)(2)(A)) is amended by— 

7 (1) in clause (i) by striking ‘‘2003, $1,401,000’’ 

8 and inserting ‘‘2008, $1,761,000’’; and 

9 (2) in clause (ii) by striking ‘‘2004’’ and all 

10 that follows through ‘‘preceding fiscal year.’’ and in11 serting the following: 

12 ‘‘2009 through 2012, the amount specified 

13 in clause (i), as adjusted by the sum of the 

14 percentage by which the thrifty food plan 

15 has been adjusted under section 3(o)(4) 

16 between June 30, 2007 and June 30 of the 

17 immediately preceding fiscal year and the 

18 percentage by which the Census Bureau 

19 estimates that the total population of the 

20 Commonwealth of Puerto Rico has grown 

21 for the same period.’’. 

22 SEC. 940. STUDY ON COMPARABLE ACCESS TO FOOD STAMP 

23 BENEFITS FOR PUERTO RICO. 

24 Section 19 of the Food Stamp Act of 1977 (7 U.S.C. 

25 2028) is amended by inserting at the end the following: 

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1 ‘‘(e) The Secretary shall conduct a study of the feasi2 bility and effects of defining the Commonwealth of Puerto 

3 Rico to be a State under section 3(m), in lieu of the block 

4 grant under this section. The study shall include— 

5 ‘‘(1) an assessment of the administrative, finan6 cial management, and other changes that would be 

7 required by the Commonwealth to establish a com8 parable Food Stamp program; 

9 ‘‘(2) a discussion of the appropriate program 

10 rules under the other sections of the Act, such as 

11 benefit levels under section 3(o), income eligibility 

12 standards under section 5(c), and deduction levels 

13 under section 5(e), for the Commonwealth to estab14 lish a comparable Food Stamp program; 

15 ‘‘(3) an estimate of the impact on Federal and 

16 Commonwealth benefit and administrative costs; 

17 ‘‘(4) an estimate of the impact of the Food 

18 Stamp program on hunger and food insecurity 

19 among low-income Puerto Ricans, and 

20 ‘‘(5) such other findings as the Secretary deems 

21 appropriate.’’. 

22 SEC. 941. EXPANDING THE USE OF FOOD STAMPS AT FARM23 ERS’ MARKETS. 

24 Section 25 of the Food Stamp Act of 1977 (7 U.S.C. 

25 2034) is amended by adding at the end the following: 

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1 ‘‘(i) GRANTS TO EXPAND THE NUMBER OF FARM2 ERS’ MARKETS THAT ACCEPT FOOD STAMP BENEFITS.— 

3 ‘‘(1) IN GENERAL.—For each of fiscal years 

4 2008 through 2010, the Secretary shall use not 

5 more than $5,000,000 of funds made available 

6 under section 18(a)(1) to make grants to pay 100 

7 percent of the costs of eligible entities approved by 

8 the Secretary to carry out projects to expand the 

9 number of farmers’ markets that accept food stamp 

10 benefits by— 

11 ‘‘(A) providing equipment and training 

12 necessary for markets to accept food stamp 

13 benefits; 

14 ‘‘(B) educating and providing technical as15 sistance to farmers and farmers’ market opera16 tors about the process and benefits of accepting 

17 food stamp benefits; or 

18 ‘‘(C) other activities deemed appropriate 

19 by the Secretary. 

20 ‘‘(2) LIMITATION.—A grant made under this 

21 subsection shall not be made for the cost of the on22 going cost of carrying out any project. 

23 ‘‘(3) ELIGIBLE ENTITIES.—To be eligible to re24 ceive a grant under this subsection, an entity shall 

25 be— 

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1 ‘‘(A) a State agency administering the 

2 Food Stamp Program; 

3 ‘‘(B) a State or local government; or 

4 ‘‘(C) a private nonprofit entity that coordi5 nates farmers markets in or within a State and 

6 that operates in cooperation with State or local 

7 government. 

8 ‘‘(4) SELECTION OF ELIGIBLE ENTITIES.—The 

9 Secretary— 

10 ‘‘(A) shall develop criteria for the selection 

11 of eligible entities to receive grants under this 

12 subsection; and 

13 ‘‘(B) may give preference to any eligible 

14 entity that consists of a partnership between a 

15 government entity and a non-governmental enti16 ty.’’. 

17 Subtitle D—Supporting the Emer18 gency Food Bank Network and 

19 Other Community Partners 

20 SEC. 951. COMMODITIES FOR THE EMERGENCY FOOD AS21 SISTANCE PROGRAM. 

22 Section 27(a) of the Food Stamp Act of 1977 (7 

23 U.S.C. 2036(a)) is amended— 

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1 (1) by striking ‘‘(a) PURCHASE OF COMMOD2 ITIES.—’’ and all that follows through ‘‘through 

3 2007’’ and inserting the following: 

4 ‘‘(a) PURCHASE OF COMMODITIES.— 

5 ‘‘(1) IN GENERAL.—As provided in paragraph 

6 (2), for each of fiscal years 2008 through 2012’’; 

7 (2) by striking ‘‘$140,000,000 of’’; and 

8 (3) by inserting at the end: 

9 ‘‘(2) AMOUNTS.—The following amounts are 

10 made available to carry out this subsection: 

11 ‘‘(A) for fiscal year 2008, $250,000,000; 

12 and 

13 ‘‘(B) for each of fiscal years 2009 through 

14 2012, the dollar amount of commodities avail15 able in the immediately preceding fiscal year 

16 adjusted by the percentage by which the thrifty 

17 food plan has been adjusted under section 

18 3(o)(4) between June 30, 2007 and June 30 of 

19 the immediately preceding fiscal year.’’. 

20 SEC. 952. ACCOUNTABLE PROGRAM ADMINISTRATION. 

21 (a) PROHIBITION.—Section 11(e)(6)(B) of the Food 

22 and Nutrition Assistance Act of 2007 (7 U.S.C. 

23 2020(e)(6)(B)) is amended to read as follows: 

24 ‘‘(B) only State employees employed in ac25 cordance with the current standards for a Merit 

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1 System of Personnel Administration, or any 

2 standards later prescribed by the Office of Per3 sonnel Management pursuant to section 208 of 

4 the Intergovernmental Personnel Act of 1970 

5 (42 U.S.C. 4728) modifying or superseding 

6 such standards relating to the establishment 

7 and maintenance of personnel standards on a 

8 merit basis, shall— 

9 ‘‘(i) represent the State agency in any 

10 communications with a prospective appli11 cant, applicant, or recipient household; 

12 ‘‘(ii) participate in making any deter13 minations relating to a household‘s sub14 stantive or procedural compliance with the 

15 requirements of this Act or implementing 

16 regulations, including the adequacy of the 

17 household’s application or of verification or 

18 other information the household has sub19 mitted in support of that application; or 

20 ‘‘(iii) perform any other acts or par21 ticipate in making any other determina22 tions required under this subsection;’’. 

23 (b) WAIVERS.—Section 17(b)(1)(B)(iv)(III)(ff) of the 

24 Food and Nutrition Assistance Act of 2007 (7 U.S.C. 

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1 2026(b)(1)(B)(iv)(III)(ff)) is amended in inserting ‘‘or 

2 11(e)(6)(B)’’ before the semicolon. 

3 (c) PROJECTS.—Section 26(f)(3)(E) of the Food and 

4 Nutrition Assistance Act of 2007 (7 U.S.C. 

5 2035(f)(3)(E)) is amended by inserting ‘‘(6)(B)’’ after 

6 ‘‘paragraphs’’. 

Æ 

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