H. R. 2419—419 
‘‘(i) the number of international ports of entry in 
the State; 
‘‘(ii) the volume of international passenger and 
cargo entry into the State; 
‘‘(iii) the geographic location of the State and if 
the location or types of agricultural commodities pro-
duced in the State are conducive to agricultural pest 
and disease establishment due to the climate, crop 
diversity, or natural resources (including unique plant 
species) of the State; and 
‘‘(iv) whether the Secretary has determined that 
an agricultural pest or disease in the State is a Federal 
concern ; and 
‘‘(B) the early plant pest detection and surveillance 
activities supported with the funds will likely— 
‘‘(i) prevent the introduction and establishment of 
plant pests; and 
‘‘(ii) provide a comprehensive approach to com-
pliment Federal detection efforts. 
‘‘(7) REPORTING
REQUIREMENT.—Not later than 90 days 
after the date of completion of an early plant pest detection 
and surveillance activity conducted by a State department of 
agriculture using funds provided under this section, the State 
department of agriculture shall submit to the Secretary a report 
that describes the purposes and results of the activities. 
‘‘(c) THREAT IDENTIFICATION AND MITIGATION PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a 
threat identification and mitigation program to determine and 
address threats to the domestic production of crops. 
‘‘(2) REQUIREMENTS.—In conducting the program estab-
lished under paragraph (1), the Secretary shall— 
‘‘(A) develop risk assessments of the potential threat 
to the agricultural industry of the United States from for-
eign sources; 
‘‘(B) collaborate with the National Plant Board; and 
‘‘(C) implement action plans for high consequence plant 
pest and diseases to assist in preventing the introduction 
and widespread dissemination of new plant pest and dis-
ease threats in the United States. 
‘‘(3) REPORTS.—Not later than 1 year after the date of 
enactment of this paragraph, and annually thereafter, the Sec-
retary shall submit to the Committee on Agriculture of the 
House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report on the action 
plans described in paragraph (2), including an accounting of 
funds expended on the action plans. 
‘‘(d) SPECIALTY CROP CERTIFICATION AND RISK MANAGEMENT 
SYSTEMS.—The Secretary shall provide funds and technical assist-
ance to specialty crop growers, organizations representing specialty 
crop growers, and State and local agencies working with specialty 
crop 
growers 
and 
organizations 
for 
the 
development 
and 
implementation of— 
‘‘(1) audit-based certification systems, such as best manage-
ment practices— 
‘‘(A) to address plant pests; and 
‘‘(B) to mitigate the risk of plant pests in the movement 
of plants and plant products; and
H. R. 2419—420 
‘‘(2) nursery plant pest risk management systems, in 
collaboration with the nursery industry, research institutions, 
and other appropriate entities— 
‘‘(A) to enable growers to identify and prioritize nursery 
plant pests and diseases of regulatory significance; 
‘‘(B) to prevent the introduction, establishment, and 
spread of those plant pests and diseases; and 
‘‘(C) to reduce the risk of and mitigate those plant 
pests and diseases. 
‘‘(e) FUNDING.—Of the funds of the Commodity Credit Corpora-
tion, the Secretary shall make available to carry out this section— 
‘‘(1) $12,000,000 for fiscal year 2009; 
‘‘(2) $45,000,000 for fiscal year 2010; 
‘‘(3) $50,000,000 for fiscal year 2011; and 
‘‘(4) $50,000,000 for fiscal year 2012 and each fiscal year 
thereafter.’’. 
(b) CONGRESSIONAL DISAPPROVAL.—Congress disapproves the 
rule submitted by the Secretary of Agriculture relating to cost- 
sharing for animal and plant health emergency programs (68 Fed. 
Reg. 40541 (2003)), and such rule shall have no force or effect. 
SEC. 10202. NATIONAL CLEAN PLANT NETWORK. 
(a) IN GENERAL.—The Secretary shall establish a program to 
be known as the ‘‘National Clean Plant Network’’ (referred to in 
this section as the ‘‘Program’’). 
(b) REQUIREMENTS.—Under the Program, the Secretary shall 
establish a network of clean plant centers for diagnostic and 
pathogen elimination services to— 
(1) produce clean propagative plant material; and 
(2) maintain blocks of pathogen-tested plant material in 
sites located throughout the United States. 
(c) AVAILABILITY OF CLEAN PLANT SOURCE MATERIAL.—Clean 
plant source material may be made available to— 
(1) a State for a certified plant program of the State; 
and 
(2) private nurseries and producers. 
(d) CONSULTATION AND COLLABORATION.—In carrying out the 
Program, the Secretary shall— 
(1) consult with State departments of agriculture, land 
grant universities, and NLGCA Institutions (as defined in sec-
tion 1404 of the National Agricultural Research, Extension, 
and Teaching Policy Act of 1977 (7 U.S.C. 3103)); and 
(2) to the extent practicable and with input from the appro-
priate State officials and industry representatives, use existing 
Federal or State facilities to serve as clean plant centers. 
(e) FUNDING.—Of the funds of the Commodity Credit Corpora-
tion, the Secretary shall use to carry out the Program $5,000,000 
for each of fiscal years 2009 through 2012, to remain available 
until expended. 
SEC. 10203. PLANT PROTECTION. 
(a) REVIEW
OF PAYMENT
OF COMPENSATION.—Section 415(e) 
of the Plant Protection Act (7 U.S.C. 7715(e)) is amended in the 
second sentence by striking ‘‘of longer than 60 days’’. 
(b) SECRETARIAL DISCRETION.—Section 442(c) of the Plant 
Protection Act (7 U.S.C. 7772(c)) is amended by striking ‘‘of longer 
than 60 days’’.
H. R. 2419—421 
(c) SUBPOENA AUTHORITY.—Section 423 of the Plant Protection 
Act (7 U.S.C. 7733) is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) AUTHORITY TO ISSUE.—The Secretary shall have the power 
to subpoena the attendance and testimony of any witness, the 
production of all evidence (including books, papers, documents, elec-
tronically stored information, and other tangible things that con-
stitute or contain evidence), or to require the person to whom 
the subpoena is directed to permit the inspection of premises 
relating to the administration or enforcement of this title or any 
matter under investigation in connection with this title.’’; 
(2) in subsection (b), by striking ‘‘documentary’’; and 
(3) in subsection (c)— 
(A) in the first sentence, by striking ‘‘testimony of 
any witness and the production of documentary evidence’’ 
and inserting ‘‘testimony of any witness, the production 
of evidence, or the inspection of premises’’; and 
(B) in the second sentence, by striking ‘‘question or 
to produce documentary evidence’’ and inserting ‘‘question, 
produce evidence, or permit the inspection of premises’’. 
(d) WILLFUL VIOLATIONS.—Section 424(b)(1)(A) of the Plant 
Protection Act (7 U.S.C. 7734(b)(1)(A)) is amended by striking ‘‘and 
$500,000 for all violations adjudicated in a single proceeding’’ and 
inserting ‘‘$500,000 for all violations adjudicated in a single pro-
ceeding if the violations do not include a willful violation, and 
$1,000,000 for all violations adjudicated in a single proceeding 
if the violations include a willful violation’’. 
SEC. 10204. REGULATIONS TO IMPROVE MANAGEMENT AND OVER-
SIGHT OF CERTAIN REGULATED ARTICLES. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall— 
(1) take action on each issue identified in the document 
entitled ‘‘Lessons Learned and Revisions under Consideration 
for APHIS’ Biotechnology Framework’’, dated October 4, 2007; 
and 
(2) as the Secretary considers appropriate, promulgate 
regulations to improve the management and oversight of arti-
cles regulated under the Plant Protection Act (7 U.S.C. 7701 
et seq.). 
(b) INCLUSIONS.—In carrying out subsection (a), the Secretary 
shall take actions that are designed to enhance— 
(1) the quality and completeness of records; 
(2) the availability of representative samples; 
(3) the maintenance of identity and control in the event 
of an unauthorized release; 
(4) corrective actions in the event of an unauthorized 
release; 
(5) protocols for conducting molecular forensics; 
(6) clarity in contractual agreements; 
(7) the use of the latest scientific techniques for isolation 
and confinement distances; 
(8) standards for quality management systems and effective 
research; and 
(9) the design of electronic permits to store documents 
and other information relating to the permit and notification 
processes.
H. R. 2419—422 
(c) CONSIDERATION.—In carrying out subsection (a), the Sec-
retary shall consider— 
(1) establishing— 
(A) a system of risk-based categories to classify each 
regulated article; 
(B) a means to identify regulated articles (including 
the retention of seed samples); and 
(C) standards for isolation and containment distances; 
and 
(2) requiring permit holders— 
(A) to maintain a positive chain of custody; 
(B) to provide for the maintenance of records; 
(C) to provide for the accounting of material; 
(D) to conduct periodic audits; 
(E) to establish an appropriate training program; 
(F) to provide contingency and corrective action plans; 
and 
(G) to submit reports as the Secretary considers to 
be appropriate. 
SEC. 10205. PEST AND DISEASE REVOLVING LOAN FUND. 
(a) DEFINITIONS.—In this section: 
(1) AUTHORIZED EQUIPMENT.— 
(A) IN
GENERAL.—The term ‘‘authorized equipment’’ 
means any equipment necessary for the management of 
forest land. 
(B) INCLUSIONS.—The term ‘‘authorized equipment’’ 
includes— 
(i) cherry pickers; 
(ii) equipment necessary for— 
(I) the construction of staging and marshalling 
areas; 
(II) the planting of trees; and 
(III) the surveying of forest land; 
(iii) vehicles capable of transporting harvested 
trees; 
(iv) wood chippers; and 
(v) any other appropriate equipment, as deter-
mined by the Secretary. 
(2) FUND.—The term ‘‘Fund’’ means the Pest and Disease 
Revolving Loan Fund established by subsection (b). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Agriculture, acting through the Deputy Chief of the State 
and Private Forestry organization. 
(b) ESTABLISHMENT
OF FUND.—There is established in the 
Treasury of the United States a revolving fund, to be known as 
the ‘‘Pest and Disease Revolving Loan Fund’’, consisting of such 
amounts as are appropriated to the Fund under subsection (f). 
(c) EXPENDITURES FROM FUND.— 
(1) IN GENERAL.—Subject to paragraph (2), on request by 
the Secretary, the Secretary of the Treasury shall transfer 
from the Fund to the Secretary such amounts as the Secretary 
determines are necessary to provide loans under subsection 
(e). 
(2) ADMINISTRATIVE EXPENSES.—An amount not exceeding 
10 percent of the amounts in the Fund shall be available
H. R. 2419—423 
for each fiscal year to pay the administrative expenses nec-
essary to carry out this section. 
(d) TRANSFERS OF AMOUNTS.— 
(1) IN GENERAL.—The amounts required to be transferred 
to the Fund under this section shall be transferred at least 
monthly from the general fund of the Treasury to the Fund 
on the basis of estimates made by the Secretary of the Treasury. 
(2) ADJUSTMENTS.—Proper adjustment shall be made in 
amounts subsequently transferred to the extent prior estimates 
were in excess of or less than the amounts required to be 
transferred. 
(e) USES OF FUND.— 
(1) LOANS.— 
(A) IN
GENERAL.—The Secretary shall use amounts 
in the Fund to provide loans to eligible units of local 
government to finance purchases of authorized equipment 
to monitor, remove, dispose of, and replace infested trees 
that are located— 
(i) on land under the jurisdiction of the eligible 
units of local government; and 
(ii) within the borders of quarantine areas infested 
by plant pests. 
(B) MAXIMUM AMOUNT.—The maximum amount of a 
loan that may be provided by the Secretary to an eligible 
unit of local government under this subsection shall be 
the lesser of— 
(i) the amount that the eligible unit of local govern-
ment has appropriated to finance purchases of author-
ized equipment in accordance with subparagraph (A); 
or 
(ii) $5,000,000. 
(C) INTEREST
RATE.—The interest rate on any loan 
made by the Secretary under this paragraph shall be a 
rate equal to 2 percent. 
(D) REPORT.—Not later than 180 days after the date 
on which an eligible unit of local government receives a 
loan provided by the Secretary under subparagraph (A), 
the eligible unit of local government shall submit to the 
Secretary a report that describes each purchase made by 
the eligible unit of local government using assistance pro-
vided through the loan. 
(2) LOAN REPAYMENT SCHEDULE.— 
(A) IN GENERAL.—To be eligible to receive a loan from 
the Secretary under paragraph (1), in accordance with each 
requirement described in subparagraph (B), an eligible unit 
of local government shall enter into an agreement with 
the Secretary to establish a loan repayment schedule 
relating to the repayment of the loan. 
(B) REQUIREMENTS
RELATING
TO
LOAN
REPAYMENT 
SCHEDULE.—A loan repayment schedule established under 
subparagraph (A) shall require the eligible unit of local 
government— 
(i) to repay to the Secretary of the Treasury, not 
later than 1 year after the date on which the eligible 
unit of local government receives a loan under para-
graph (1), and semiannually thereafter, an amount 
equal to the quotient obtained by dividing—
H. R. 2419—424 
(I) the principal amount of the loan (including 
interest); by 
(II) the total quantity of payments that the 
eligible unit of local government is required to 
make during the repayment period of the loan; 
and 
(ii) not later than 20 years after the date on which 
the eligible unit of local government receives a loan 
under paragraph (1), to complete repayment to the 
Secretary of the Treasury of the loan made under 
this section (including interest). 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Fund such sums as are necessary to 
carry out this section. 
SEC. 10206. COOPERATIVE AGREEMENTS RELATING TO PLANT PEST 
AND DISEASE PREVENTION ACTIVITIES. 
Section 431 of the Plant Protection Act (7 U.S.C. 7751) is 
amended by adding at the end the following: 
‘‘(f) TRANSFER OF COOPERATIVE AGREEMENT FUND.— 
‘‘(1) IN GENERAL.—A State may provide to a unit of local 
government in the State described in paragraph (2) any cost- 
sharing assistance or financing mechanism provided to the 
State under a cooperative agreement entered into under this 
Act between the Secretary and the State relating to the eradi-
cation, prevention, control, or suppression of plant pests. 
‘‘(2) REQUIREMENTS.—To be eligible for assistance or 
financing under paragraph (1), a unit of local government shall 
be— 
‘‘(A) engaged in any activity relating to the eradication, 
prevention, control, or suppression of the plant pest infesta-
tion covered under the cooperative agreement between the 
Secretary and the State; and 
‘‘(B) capable of documenting each plant pest infestation 
eradication, prevention, control, or suppression activity gen-
erally carried out by— 
‘‘(i) the Department of Agriculture; or 
‘‘(ii) the State department of agriculture that has 
jurisdiction over the unit of local government.’’. 
Subtitle C—Organic Agriculture 
SEC. 10301. NATIONAL ORGANIC CERTIFICATION COST-SHARE PRO-
GRAM. 
Section 10606 of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 6523) is amended— 
(1) in subsection (a), by striking ‘‘$5,000,000 for fiscal year 
2002’’ and inserting ‘‘$22,000,000 for fiscal year 2008’’; 
(2) in subsection (b)(2), by striking ‘‘$500’’ and inserting 
‘‘$750’’; and 
(3) by adding at the end the following: 
‘‘(c) REPORTING.—Not later than March 1 of each year, the 
Secretary shall submit to the Committee on Agriculture of the 
House of Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report that describes the requests 
by, disbursements to, and expenditures for each State under the
H. R. 2419—425 
program during the current and previous fiscal year, including 
the number of producers and handlers served by the program 
in the previous fiscal year.’’. 
SEC. 10302. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES. 
Section 7407 of the Farm Security and Rural Investment Act 
of 2002 (7 U.S.C. 5925c) is amended to read as follows: 
‘‘SEC. 7407. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES. 
‘‘(a) IN GENERAL.—The Secretary shall collect and report data 
on the production and marketing of organic agricultural products. 
‘‘(b) REQUIREMENTS.—In carrying out subsection (a), the Sec-
retary shall, at a minimum— 
‘‘(1) collect and distribute comprehensive reporting of prices 
relating to organically produced agricultural products; 
‘‘(2) conduct surveys and analysis and publish reports 
relating to organic production, handling, distribution, retail, 
and trend studies (including consumer purchasing patterns); 
and 
‘‘(3) develop surveys and report statistical analysis on 
organically produced agricultural products. 
‘‘(c) REPORT.—Not later than 180 days after the date of enact-
ment of this subsection, the Secretary shall submit to the Committee 
on Agriculture of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate a report 
that— 
‘‘(1) describes the progress that has been made in imple-
menting this section; and 
‘‘(2) identifies any additional production and marketing 
data needs. 
‘‘(d) FUNDING.— 
‘‘(1) IN GENERAL.—Of the funds of the Commodity Credit 
Corporation, the Secretary shall use to carry out this section 
$5,000,000, to remain available until expended. 
‘‘(2) ADDITIONAL
FUNDING.—In addition to funds made 
available under paragraph (1), there are authorized to be appro-
priated to carry out this section not more than $5,000,000 
for each of fiscal years 2008 through 2012, to remain available 
until expended.’’. 
SEC. 10303. NATIONAL ORGANIC PROGRAM. 
Section 2123 of the Organic Foods Production Act of 1990 
(7 U.S.C. 6522) is amended— 
(1) by striking ‘‘There are’’ and inserting the following: 
‘‘(a) IN GENERAL.—There are’’; and 
(2) by adding at the end the following: 
‘‘(b) NATIONAL ORGANIC PROGRAM.—Notwithstanding any other 
provision of law, in order to carry out activities under the national 
organic program established under this title, there are authorized 
to be appropriated— 
‘‘(1) $5,000,000 for fiscal year 2008; 
‘‘(2) $6,500,000 for fiscal year 2009; 
‘‘(3) $8,000,000 for fiscal year 2010; 
‘‘(4) $9,500,000 for fiscal year 2011; 
‘‘(5) $11,000,000 for fiscal year 2012; and 
‘‘(6) in addition to those amounts, such additional sums 
as are necessary for fiscal year 2009 and each fiscal year 
thereafter.’’.
H. R. 2419—426 
Subtitle D—Miscellaneous 
SEC. 10401. NATIONAL HONEY BOARD. 
Section 7(c) of the Honey Research, Promotion, and Consumer 
Information Act (7 U.S.C. 4606(c)) is amended by adding at the 
end the following: 
‘‘(12) REFERENDUM REQUIREMENT.— 
‘‘(A) DEFINITION OF EXISTING HONEY BOARD.—The term 
‘existing Honey Board’ means the Honey Board in effect 
on the date of enactment of this paragraph. 
‘‘(B) CONDUCT OF REFERENDA.—Notwithstanding any 
other provision of law, subject to subparagraph (C), the 
order providing for the establishment and operation of the 
existing Honey Board shall continue in force, until the 
Secretary first conducts, at the earliest practicable date, 
but not later than 180 days after the date of enactment 
of this paragraph, referenda on orders to establish a honey 
packer-importer board or a United States honey producer 
board. 
‘‘(C) REQUIREMENTS.—In conducting referenda under 
subparagraph (B), and in exercising fiduciary responsibil-
ities in any transition to any 1 or more successor boards, 
the Secretary shall— 
‘‘(i) conduct a referendum of eligible United States 
honey producers for the establishment of a marketing 
board solely for United States honey producers; 
‘‘(ii) conduct a referendum of eligible packers, 
importers, and handlers of honey for the establishment 
of a marketing board for packers, importers, and han-
dlers of honey; 
‘‘(iii) notwithstanding the timing of the referenda 
required under clauses (i) and (ii) or of the establish-
ment of any 1 or more successor boards pursuant to 
those referenda, ensure that the rights and interests 
of honey producers, importers, packers, and handlers 
of honey are equitably protected in any disposition 
of the assets, facilities, intellectual property, and pro-
grams of the existing Honey Board and in the transi-
tion to any 1 or more new successor marketing boards; 
‘‘(iv) ensure that the existing Honey Board con-
tinues in operation until such time as the Secretary 
determines that— 
‘‘(I) any 1 or more successor boards, if 
approved, are operational; and 
‘‘(II) the interests of producers, importers, 
packers, and handlers of honey can be equitably 
protected during any remaining period in which 
a referendum on a successor board or the establish-
ment of such a board is pending; and 
‘‘(v) discontinue collection of assessments under 
the order establishing the existing Honey Board on 
the date the Secretary requires that collections com-
mence pursuant to an order approved in a referendum 
by eligible producers or processors and importers of 
honey.
H. R. 2419—427 
‘‘(D) HONEY BOARD REFERENDUM.—If 1 or more orders 
are approved pursuant to paragraph (C)— 
‘‘(i) the Secretary shall not be required to conduct 
a continuation referendum on the order in existence 
on the date of enactment of this paragraph; and 
‘‘(ii) that order shall be terminated pursuant to 
the provisions of the order.’’. 
SEC. 10402. IDENTIFICATION OF HONEY. 
(a) IN GENERAL.—Section 203(h) of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1622(h)) is amended— 
(1) by designating the first through sixth sentences as 
paragraphs (1), (2)(A), (2)(B), (3), (4), and (5), respectively; 
and 
(2) by adding at the end the following: 
‘‘(6) IDENTIFICATION OF HONEY.— 
‘‘(A) IN GENERAL.—The use of a label or advertising 
material on, or in conjunction with, packaged honey that 
bears any official certificate of quality, grade mark or state-
ment, continuous inspection mark or statement, sampling 
mark or statement, or any combination of the certificates, 
marks, or statements of the Department of Agriculture 
is hereby prohibited under this Act unless there appears 
legibly and permanently in close proximity (such as on 
the same side(s) or surface(s)) to the certificate, mark, 
or statement, and in at least a comparable size, the 1 
or more names of the 1 or more countries of origin of 
the lot or container of honey, preceded by the words 
‘Product of’ or other words of similar meaning. 
‘‘(B) VIOLATION.—A violation of the requirements of 
subparagraph (A) may be deemed by the Secretary to be 
sufficient cause for debarment from the benefits of this 
Act only with respect to honey.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) take effect on the date that is 1 year after the date of enactment 
of this Act. 
SEC. 10403. GRANT PROGRAM TO IMPROVE MOVEMENT OF SPECIALTY 
CROPS. 
(a) GRANTS AUTHORIZED.—The Secretary may make grants 
under this section to an eligible entity described in subsection 
(b)— 
(1) to improve the cost-effective movement of specialty crops 
to local, regional, national, and international markets; and 
(2) to address regional intermodal transportation defi-
ciencies that adversely affect the movement of specialty crops 
to markets inside or outside the United States. 
(b) ELIGIBLE GRANT RECIPIENTS.—Grants may be made under 
this section to any of, or any combination of: 
(1) State and local governments. 
(2) Grower cooperatives. 
(3) National, State, or regional organizations of producers, 
shippers, or carriers. 
(4) Other entities as determined to be appropriate by the 
Secretary. 
(c) MATCHING FUNDS.—The recipient of a grant under this 
section shall contribute an amount of non-Federal funds toward 
the project for which the grant is provided that is at least equal
H. R. 2419—428 
to the amount of grant funds received by the recipient under this 
section. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as are 
necessary for each of fiscal years 2008 through 2012. 
SEC. 10404. MARKET LOSS ASSISTANCE FOR ASPARAGUS PRODUCERS. 
(a) IN GENERAL.—As soon as practicable after the date of enact-
ment of this Act, the Secretary shall make payments to producers 
of the 2007 crop of asparagus for market loss resulting from imports 
during the 2004 through 2007 crop years. 
(b) PAYMENT RATE.—The payment rate for a payment under 
this section shall be based on the reduction in revenue received 
by asparagus producers associated with imports during the 2004 
through 2007 crop years. 
(c) PAYMENT QUANTITY.—The payment quantity for asparagus 
for which the producers on a farm are eligible for payments under 
this section shall be equal to the average quantity of the 2003 
crop of asparagus produced by producers on the farm. 
(d) FUNDING.— 
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
shall make available $15,000,000 of the funds of the Commodity 
Credit Corporation to carry out a program to provide market 
loss payments to producers of asparagus under this section. 
(2) ALLOCATION.—Of the amount made available under 
paragraph (1), the Secretary shall use— 
(A) $7,500,000 to make payments to producers of aspar-
agus for the fresh market; and 
(B) $7,500,000 to make payments to producers of aspar-
agus for the processed or frozen market. 
TITLE XI—LIVESTOCK 
SEC. 11001. LIVESTOCK MANDATORY REPORTING. 
(a) WEB SITE IMPROVEMENTS AND USER EDUCATION.— 
(1) IN GENERAL.—Section 251(g) of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1636(g)) is amended to read as 
follows: 
‘‘(g) ELECTRONIC REPORTING AND PUBLISHING.— 
‘‘(1) IN GENERAL.—The Secretary shall, to the maximum 
extent practicable, provide for the reporting and publishing 
of the information required under this subtitle by electronic 
means. 
‘‘(2) IMPROVEMENTS AND EDUCATION.— 
‘‘(A) ENHANCED
ELECTRONIC
PUBLISHING.—The Sec-
retary shall develop and implement an enhanced system 
of electronic publishing to disseminate information collected 
pursuant to this subtitle. Such system shall— 
‘‘(i) present information in a format that can be 
readily understood by producers, packers, and other 
market participants; 
‘‘(ii) adhere to the publication deadlines in this 
subtitle; 
‘‘(iii) present information in charts and graphs, 
as appropriate;
H. R. 2419—429 
‘‘(iv) present comparative information for prior 
reporting periods, as the Secretary considers appro-
priate; and 
‘‘(v) be updated as soon as practicable after 
information is reported to the Secretary. 
‘‘(B) EDUCATION.—The Secretary shall carry out a 
market news education program to educate the public and 
persons in the livestock and meat industries about— 
‘‘(i) usage of the system developed under subpara-
graph (A); and 
‘‘(ii) interpreting and understanding information 
collected and disseminated through such system.’’. 
(2) APPLICABILITY.— 
(A) ENHANCED
REPORTING.—The Secretary of Agri-
culture shall develop and implement the system required 
under paragraph (2)(A) of section 251(g) of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1636(g)), as amended 
by paragraph (1), not later than one year after the date 
on which the Secretary determines sufficient funds have 
been appropriated pursuant to subsection (c). 
(B) CURRENT
SYSTEM.—Notwithstanding the amend-
ment made by paragraph (1), the Secretary shall continue 
to use the information format for disseminating information 
under subtitle B of the Agricultural Marketing Act of 1946 
(7 U.S.C. 1621 et seq.) in effect on the date of the enactment 
of this Act at least until the date that is two years after 
the date on which the Secretary makes the determination 
referred to in subparagraph (A). 
(b) STUDY AND REPORT.— 
(1) STUDY.—The Secretary shall conduct a study on the 
effects of requiring packer processing plants to report to the 
Secretary information on wholesale pork cuts (including price 
and volume information), including— 
(A) the positive or negative economic effects on pro-
ducers and consumers; and 
(B) the effects of a confidentiality requirement on 
mandatory reporting. 
(2) INFORMATION.—During the period preceding the submis-
sion of the report under paragraph (3), the Secretary may 
collect, and each packer processing plant shall provide, such 
information as is necessary to enable the Secretary to conduct 
the study required under paragraph (1). 
(3) REPORT.—Not later than one year after the date of 
the enactment of this Act, the Secretary shall submit to the 
Committee on Agriculture of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry of the 
Senate a report on the results of the study conducted under 
paragraph (1). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section. 
SEC. 11002. COUNTRY OF ORIGIN LABELING. 
Subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1638 et seq.) is amended— 
(1) in section 281(2)(A)— 
(A) in clause (v), by striking ‘‘and’’;
H. R. 2419—430 
(B) in clause (vi), by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(vii) meat produced from goats; 
‘‘(viii) chicken, in whole and in part; 
‘‘(ix) ginseng; 
‘‘(x) pecans; and 
‘‘(xi) macadamia nuts.’’; 
(2) in section 282— 
(A) in subsection (a), by striking paragraphs (2) and 
(3) and inserting the following: 
‘‘(2) DESIGNATION OF COUNTRY OF ORIGIN FOR BEEF, LAMB, 
PORK, CHICKEN, AND GOAT MEAT.— 
‘‘(A) UNITED STATES COUNTRY OF ORIGIN.—A retailer 
of a covered commodity that is beef, lamb, pork, chicken, 
or goat meat may designate the covered commodity as 
exclusively having a United States country of origin only 
if the covered commodity is derived from an animal that 
was— 
‘‘(i) exclusively born, raised, and slaughtered in 
the United States; 
‘‘(ii) born and raised in Alaska or Hawaii and 
transported for a period of not more than 60 days 
through Canada to the United States and slaughtered 
in the United States; or 
‘‘(iii) present in the United States on or before 
July 15, 2008, and once present in the United States, 
remained continuously in the United States. 
‘‘(B) MULTIPLE COUNTRIES OF ORIGIN.— 
‘‘(i) IN
GENERAL.—A retailer of a covered com-
modity that is beef, lamb, pork, chicken, or goat meat 
that is derived from an animal that is— 
‘‘(I) not exclusively born, raised, and slaugh-
tered in the United States, 
‘‘(II) born, raised, or slaughtered in the United 
States, and 
‘‘(III) not imported into the United States for 
immediate slaughter, 
may designate the country of origin of such covered 
commodity as all of the countries in which the animal 
may have been born, raised, or slaughtered. 
‘‘(ii) 
RELATION
TO
GENERAL
REQUIREMENT.— 
Nothing in this subparagraph alters the mandatory 
requirement to inform consumers of the country of 
origin of covered commodities under paragraph (1). 
‘‘(C) IMPORTED FOR IMMEDIATE SLAUGHTER.—A retailer 
of a covered commodity that is beef, lamb, pork, chicken, 
or goat meat that is derived from an animal that is 
imported into the United States for immediate slaughter 
shall designate the origin of such covered commodity as— 
‘‘(i) the country from which the animal was 
imported; and 
‘‘(ii) the United States. 
‘‘(D) FOREIGN
COUNTRY
OF
ORIGIN.—A retailer of a 
covered commodity that is beef, lamb, pork, chicken, or 
goat meat that is derived from an animal that is not 
born, raised, or slaughtered in the United States shall
H. R. 2419—431 
designate a country other than the United States as the 
country of origin of such commodity. 
‘‘(E) GROUND BEEF, PORK, LAMB, CHICKEN, AND GOAT.— 
The notice of country of origin for ground beef, ground 
pork, ground lamb, ground chicken, or ground goat shall 
include— 
‘‘(i) a list of all countries of origin of such ground 
beef, ground pork, ground lamb, ground chicken, or 
ground goat; or 
‘‘(ii) a list of all reasonably possible countries of 
origin of such ground beef, ground pork, ground lamb, 
ground chicken, or ground goat. 
‘‘(3) DESIGNATION OF COUNTRY OF ORIGIN FOR FISH.— 
‘‘(A) IN GENERAL.—A retailer of a covered commodity 
that is farm-raised fish or wild fish may designate the 
covered commodity as having a United States country of 
origin only if the covered commodity— 
‘‘(i) in the case of farm-raised fish, is hatched, 
raised, harvested, and processed in the United States; 
and 
‘‘(ii) in the case of wild fish, is— 
‘‘(I) harvested in the United States, a territory 
of the United States, or a State, or by a vessel 
that is documented under chapter 121 of title 46, 
United States Code, or registered in the United 
States; and 
‘‘(II) processed in the United States, a territory 
of the United States, or a State, including the 
waters thereof, or aboard a vessel that is docu-
mented under chapter 121 of title 46, United 
States Code, or registered in the United States. 
‘‘(B) DESIGNATION
OF
WILD
FISH
AND
FARM-RAISED 
FISH.—The notice of country of origin for wild fish and 
farm-raised fish shall distinguish between wild fish and 
farm-raised fish. 
‘‘(4) DESIGNATION OF COUNTRY OF ORIGIN FOR PERISHABLE 
AGRICULTURAL COMMODITIES, GINSENG, PEANUTS, PECANS, AND 
MACADAMIA NUTS.— 
‘‘(A) IN GENERAL.—A retailer of a covered commodity 
that is a perishable agricultural commodity, ginseng, pea-
nut, pecan, or macadamia nut may designate the covered 
commodity as having a United States country of origin 
only if the covered commodity is exclusively produced in 
the United States. 
‘‘(B) STATE, REGION, LOCALITY OF THE UNITED STATES.— 
With respect to a covered commodity that is a perishable 
agricultural commodity, ginseng, peanut, pecan, or maca-
damia nut produced exclusively in the United States, des-
ignation by a retailer of the State, region, or locality of 
the United States where such commodity was produced 
shall be sufficient to identify the United States as the 
country of origin.’’; and 
(B) by striking subsection (d) and inserting the fol-
lowing: 
‘‘(d) AUDIT VERIFICATION SYSTEM.— 
‘‘(1) IN GENERAL.—The Secretary may conduct an audit 
of any person that prepares, stores, handles, or distributes
H. R. 2419—432 
a covered commodity for retail sale to verify compliance with 
this subtitle (including the regulations promulgated under sec-
tion 284(b)). 
‘‘(2) RECORD REQUIREMENTS.— 
‘‘(A) IN GENERAL.—A person subject to an audit under 
paragraph (1) shall provide the Secretary with verification 
of the country of origin of covered commodities. Records 
maintained in the course of the normal conduct of the 
business of such person, including animal health papers, 
import or customs documents, or producer affidavits, may 
serve as such verification. 
‘‘(B) PROHIBITION
ON
REQUIREMENT
OF
ADDITIONAL 
RECORDS.—The Secretary may not require a person that 
prepares, stores, handles, or distributes a covered com-
modity to maintain a record of the country of origin of 
a covered commodity other than those maintained in the 
course of the normal conduct of the business of such per-
son.’’; and 
(3) in section 283— 
(A) by striking subsections (a) and (c); 
(B) by redesignating subsection (b) as subsection (a); 
(C) in subsection (a) (as so redesignated), by striking 
‘‘retailer’’ and inserting ‘‘retailer or person engaged in the 
business of supplying a covered commodity to a retailer’’; 
and 
(D) by adding at the end the following new subsection: 
‘‘(b) FINES.—If, on completion of the 30-day period described 
in subsection (a)(2), the Secretary determines that the retailer 
or person engaged in the business of supplying a covered commodity 
to a retailer has— 
‘‘(1) not made a good faith effort to comply with section 
282, and 
‘‘(2) continues to willfully violate section 282 with respect 
to the violation about which the retailer or person received 
notification under subsection (a)(1), 
after providing notice and an opportunity for a hearing before 
the Secretary with respect to the violation, the Secretary may 
fine the retailer or person in an amount of not more than $1,000 
for each violation.’’. 
SEC. 11003. AGRICULTURAL FAIR PRACTICES ACT OF 1967 DEFINI-
TIONS. 
Section 3 of the Agricultural Fair Practices Act of 1967 (7 
U.S.C. 2302) is amended— 
(1) by striking ‘‘When used in this Act—’’ and inserting 
‘‘In this Act:’’; 
(2) in subsection (a)— 
(A) by redesignating paragraphs (1) through (4) as 
clauses (i) through (iv), respectively; and 
(B) in clause (iv) (as so redesignated), by striking 
‘‘clause (1), (2), or (3) of this paragraph’’ and inserting 
‘‘clause (i), (ii), or (iii)’’; 
(3) by striking subsection (d); 
(4) by redesignating subsections (a), (b), (c), and (e) as 
paragraphs (3), (4), (2), (1), respectively, indenting appro-
priately, and moving those paragraphs so as to appear in 
numerical order;
H. R. 2419—433 
(5) in each paragraph (as so redesignated) that does not 
have a heading, by inserting a heading, in the same style 
as the heading in the amendment made by paragraph (6), 
the text of which is comprised of the term defined in the 
paragraph; 
(6) in paragraph (2) (as so redesignated)— 
(A) by striking ‘‘The term ‘association of producers’ 
means’’ and inserting the following: 
‘‘(2) ASSOCIATION OF PRODUCERS.— 
‘‘(A) IN GENERAL.—The term ‘association of producers’ 
means’’; and 
(B) by adding at the end the following: 
‘‘(B) INCLUSION.—The term ‘association of producers’ 
includes an organization whose membership is exclusively 
limited to agricultural producers and dedicated to pro-
moting the common interest and general welfare of pro-
ducers of agricultural products.’’; and 
(7) in paragraph (3) (as so redesignated)— 
(A) by striking ‘‘The term’’ and inserting the following: 
‘‘(3) HANDLER.— 
‘‘(A) IN GENERAL.—The term’’; and 
(B) by inserting after clause (iv) of subparagraph (A) 
(as redesignated by subparagraph (A) and paragraph (2)) 
the following: 
‘‘(B) EXCLUSION.—The term ‘handler’ does not include 
a person, other than a packer (as defined in section 201 
of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)), 
that provides custom feeding services for a producer.’’. 
SEC. 11004. ANNUAL REPORT. 
(a) IN GENERAL.—The Packers and Stockyards Act, 1921, is 
amended— 
(1) by redesignating section 416 (7 U.S.C. 229) as section 
417; and 
(2) by inserting after section 415 (7 U.S.C. 228d) the fol-
lowing: 
‘‘SEC. 416. ANNUAL REPORT. 
‘‘(a) IN GENERAL.—Not later than March 1 of each year, the 
Secretary shall submit to Congress and make publicly available 
a report that— 
‘‘(1) states, for the preceding year, separately for livestock 
and poultry and separately by enforcement area category (finan-
cial, trade practice, or competitive acts and practices), with 
respect to investigations into possible violations of this Act— 
‘‘(A) the number of investigations opened; 
‘‘(B) the number of investigations that were closed 
or settled without a referral to the General Counsel of 
the Department of Agriculture; 
‘‘(C) for investigations described in subparagraph (B), 
the length of time from initiation of the investigation to 
when the investigation was closed or settled without the 
filing of an enforcement complaint; 
‘‘(D) the number of investigations that resulted in 
referral to the General Counsel of the Department of Agri-
culture for further action, the number of such referrals 
resolved without administrative enforcement action, and
H. R. 2419—434 
the number of enforcement actions filed by the General 
Counsel; 
‘‘(E) for referrals to the General Counsel that resulted 
in an administrative enforcement action being filed, the 
length of time from the referral to the filing of the adminis-
trative action; 
‘‘(F) for referrals to the General Counsel that resulted 
in an administrative enforcement action being filed, the 
length of time from filing to resolution of the administrative 
enforcement action; 
‘‘(G) the number of investigations that resulted in 
referral to the Department of Justice for further action, 
and the number of civil enforcement actions filed by the 
Department of Justice on behalf of the Secretary pursuant 
to such a referral; 
‘‘(H) for referrals that resulted in a civil enforcement 
action being filed by the Department of Justice, the length 
of time from the referral to the filing of the enforcement 
action; 
‘‘(I) for referrals that resulted in a civil enforcement 
action being filed by the Department of Justice, the length 
of time from the filing of the enforcement action to resolu-
tion; and 
‘‘(J) the average civil penalty imposed in administrative 
or civil enforcement actions for violations of this Act, and 
the total amount of civil penalties imposed in all such 
enforcement actions; and 
‘‘(2) includes any other additional information the Secretary 
considers important to include in the annual report. 
‘‘(b) FORMAT OF INFORMATION PROVIDED.—For subparagraphs 
(C), (E), (F), and (H) of subsection (a)(1), the Secretary may, if 
appropriate due to the number of complaints for a given category, 
provide summary statistics (including range, maximum, minimum, 
mean, and average times) and graphical representations.’’. 
(b) SUNSET.—Effective September 30, 2012, section 416 of the 
Packers and Stockyards Act, 1921, as added by subsection (a)(2), 
is repealed. 
SEC. 11005. PRODUCTION CONTRACTS. 
Title II of the Packers and Stockyards Act, 1921 (7 U.S.C. 
198 et seq.) is amended by adding at the end the following: 
‘‘SEC. 208. PRODUCTION CONTRACTS. 
‘‘(a) RIGHT OF CONTRACT PRODUCERS TO CANCEL PRODUCTION 
CONTRACTS.— 
‘‘(1) IN GENERAL.—A poultry grower or swine production 
contract grower may cancel a poultry growing arrangement 
or swine production contract by mailing a cancellation notice 
to the live poultry dealer or swine contractor not later than 
the later of— 
‘‘(A) the date that is 3 business days after the date 
on which the poultry growing arrangement or swine produc-
tion contract is executed; or 
‘‘(B) any cancellation date specified in the poultry 
growing arrangement or swine production contract. 
‘‘(2) DISCLOSURE.—A poultry growing arrangement or swine 
production contract shall clearly disclose—
H. R. 2419—435 
‘‘(A) the right of the poultry grower or swine production 
contract grower to cancel the poultry growing arrangement 
or swine production contract; 
‘‘(B) the method by which the poultry grower or swine 
production contract grower may cancel the poultry growing 
arrangement or swine production contract; and 
‘‘(C) the deadline for canceling the poultry growing 
arrangement or swine production contract. 
‘‘(b) REQUIRED DISCLOSURE OF ADDITIONAL CAPITAL INVEST-
MENTS IN PRODUCTION CONTRACTS.— 
‘‘(1) IN GENERAL.—A poultry growing arrangement or swine 
production contract shall contain on the first page a statement 
identified as ‘Additional Capital Investments Disclosure State-
ment’, which shall conspicuously state that additional large 
capital investments may be required of the poultry grower 
or swine production contract grower during the term of the 
poultry growing arrangement or swine production contract. 
‘‘(2) APPLICATION.—Paragraph (1) shall apply to any poultry 
growing arrangement or swine production contract entered into, 
amended, altered, modified, renewed, or extended after the 
date of the enactment of this section. 
‘‘SEC. 209. CHOICE OF LAW AND VENUE. 
‘‘(a) LOCATION OF FORUM.—The forum for resolving any dispute 
among the parties to a poultry growing arrangement or swine 
production or marketing contract that arises out of the arrangement 
or contract shall be located in the Federal judicial district in which 
the principle part of the performance takes place under the arrange-
ment or contract. 
‘‘(b) CHOICE OF LAW.—A poultry growing arrangement or swine 
production or marketing contract may specify which State’s law 
is to apply to issues governed by State law in any dispute arising 
out of the arrangement or contract, except to the extent that doing 
so is prohibited by the law of the State in which the principal 
part of the performance takes place under the arrangement or 
contract. 
‘‘SEC. 210. ARBITRATION. 
‘‘(a) IN GENERAL.—Any livestock or poultry contract that con-
tains a provision requiring the use of arbitration to resolve any 
controversy that may arise under the contract shall contain a provi-
sion that allows a producer or grower, prior to entering the contract 
to decline to be bound by the arbitration provision. 
‘‘(b) DISCLOSURE.—Any livestock or poultry contract that con-
tains a provision requiring the use of arbitration shall contain 
terms that conspicuously disclose the right of the contract producer 
or grower, prior to entering the contract, to decline the requirement 
to use arbitration to resolve any controversy that may arise under 
the livestock or poultry contract. 
‘‘(c) DISPUTE RESOLUTION.—Any contract producer or grower 
that declines a requirement of arbitration pursuant to subsection 
(b) has the right, to nonetheless seek to resolve any controversy 
that may arise under the livestock or poultry contract, if, after 
the controversy arises, both parties consent in writing to use 
arbitration to settle the controversy. 
‘‘(d) APPLICATION.—Subsections (a) (b) and (c) shall apply to 
any contract entered into, amended, altered, modified, renewed,
H. R. 2419—436 
or extended after the date of the enactment of the Food, Conserva-
tion, and Energy Act of 2008 . 
‘‘(e) UNLAWFUL PRACTICE.—Any action by or on behalf of a 
packer, swine contractor, or live poultry dealer that violates this 
section (including any action that has the intent or effect of limiting 
the ability of a producer or grower to freely make a choice described 
in subsection (b)) is an unlawful practice under this Act. 
‘‘(f) REGULATIONS.—The Secretary shall promulgate regulations 
to— 
‘‘(1) carry out this section; and 
‘‘(2) establish criteria that the Secretary will consider in 
determining whether the arbitration process provided in a con-
tract provides a meaningful opportunity for the grower or pro-
ducer to participate fully in the arbitration process.’’. 
SEC. 11006. REGULATIONS. 
As soon as practicable, but not later than 2 years after the 
date of the enactment of this Act, the Secretary of Agriculture 
shall promulgate regulations with respect to the Packers and Stock-
yards Act, 1921 (7 U.S.C. 181 et seq.) to establish criteria that 
the Secretary will consider in determining— 
(1) whether an undue or unreasonable preference or advan-
tage has occurred in violation of such Act; 
(2) whether a live poultry dealer has provided reasonable 
notice to poultry growers of any suspension of the delivery 
of birds under a poultry growing arrangement; 
(3) when a requirement of additional capital investments 
over the life of a poultry growing arrangement or swine produc-
tion contract constitutes a violation of such Act; and 
(4) if a live poultry dealer or swine contractor has provided 
a reasonable period of time for a poultry grower or a swine 
production contract grower to remedy a breach of contract 
that could lead to termination of the poultry growing arrange-
ment or swine production contract. 
SEC. 11007. SENSE OF CONGRESS REGARDING PSEUDORABIES ERADI-
CATION PROGRAM. 
It is the sense of Congress that— 
(1) the Secretary of Agriculture should recognize the threat 
feral swine pose to the domestic swine population and the 
entire livestock industry; 
(2) keeping the United States commercial swine herd free 
of pseudorabies is essential to maintaining and growing pork 
export markets; 
(3) the establishment and continued support of a swine 
surveillance system will assist the swine industry in the moni-
toring, surveillance, and eradication of pseudorabies; and 
(4) pseudorabies eradication is a high priority that the 
Secretary should carry out under the authorities of the Animal 
Health Protection Act. 
SEC. 11008. SENSE OF CONGRESS REGARDING THE CATTLE FEVER 
TICK ERADICATION PROGRAM. 
It is the sense of Congress that— 
(1) the cattle fever tick and the southern cattle tick are 
vectors of the causal agent of babesiosis, a severe and often 
fatal disease of cattle; and
H. R. 2419—437 
(2) implementing a national strategic plan for the cattle 
fever tick eradication program is a high priority that the Sec-
retary of Agriculture should carry out in order to— 
(A) prevent the entry of cattle fever ticks into the 
United States; 
(B) enhance and maintain an effective surveillance pro-
gram to rapidly detect any cattle fever tick incursions; 
and 
(C) research, identify, and procure the tools and knowl-
edge necessary to prevent and eradicate cattle fever ticks 
in the United States. 
SEC. 11009. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER. 
(a) FUNDING.—Section 375(e)(6) of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 2008j(e)(6)) is amended by striking 
subparagraphs (B) and (C) and inserting the following: 
‘‘(B) MANDATORY FUNDING.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall use to carry 
out this section $1,000,000 for fiscal year 2008, to remain 
available until expended. 
‘‘(C) AUTHORIZATION
OF
APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section $10,000,000 for each of fiscal years 2008 
through 2012.’’. 
(b) REPEAL OF REQUIREMENT TO PRIVATIZE REVOLVING FUND.— 
(1) IN GENERAL.—Section 375 of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 2008j) is amended by 
striking subsection (j). 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) takes effect on May 1, 2007. 
SEC. 11010. TRICHINAE CERTIFICATION PROGRAM. 
(a) VOLUNTARY TRICHINAE CERTIFICATION.— 
(1) ESTABLISHMENT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Agriculture shall 
establish a voluntary trichinae certification program. Such pro-
gram shall include the facilitation of the export of pork products 
and certification services related to such products. 
(2) REGULATIONS.—The Secretary shall issue final regula-
tions to implement the program under paragraph (1) not later 
than 90 days after the date of the enactment of this Act. 
(3) REPORT.—If final regulations are not published in 
accordance with paragraph (2) within 90 days of the date of 
the enactment of this Act, the Secretary shall submit to the 
Committee on Agriculture of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry of the 
Senate a report containing— 
(A) an explanation of why the final regulations have 
not been issued in accordance with paragraph (2); and 
(B) the date on which the Secretary expects to issue 
such final regulations. 
(b) FUNDING.—Subject to the availability of appropriations 
under subsection (d)(1)(A) of section 10405 of the Animal Health 
Protection Act (7 U.S.C. 8304), as added by subsection (c), the 
Secretary shall use not less than $6,200,000 of the funds made 
available under such subsection to carry out subsection (a).
H. R. 2419—438 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 10405 of the 
Animal Health Protection Act (7 U.S.C. 8304) is amended by adding 
at the end the following new subsection: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be appropriated— 
‘‘(A) $1,500,000 for each of fiscal years 2008 through 
2012 to carry out section 11010 of the Food, Conservation, 
and Energy Act of 2008; and 
‘‘(B) such sums as may be necessary for each of fiscal 
years 2008 through 2012 to carry out this section. 
‘‘(2) AVAILABILITY.—Funds appropriated under paragraph 
(1) shall remain available until expended.’’. 
SEC. 11011. LOW PATHOGENIC DISEASES. 
The Animal Health Protection Act (7 U.S.C. 8301 et seq.) is 
amended— 
(1) in section 10407(d)(2)(C) (7 U.S.C. 8306(d)(2)(C)), by 
striking ‘‘of longer than 60 days’’; 
(2) in section 10409(b) (7 U.S.C. 8308(b))— 
(A) by redesignating paragraph (2) as paragraph (3); 
(B) by inserting after paragraph (1) the following new 
paragraph: 
‘‘(2) SPECIFIC COOPERATIVE PROGRAMS.—The Secretary shall 
compensate industry participants and State agencies that 
cooperate with the Secretary in carrying out operations and 
measures under subsection (a) for 100 percent of eligible costs 
relating to cooperative programs involving Federal, State, and 
industry participants to control diseases of low pathogenicity 
in accordance with regulations issued by the Secretary.’’; and 
(C) in paragraph (3) (as so redesignated), by striking 
‘‘of longer than 60 days’’; and 
(3) in section 10417(b)(3) (7 U.S.C. 8316(b)(3)), by striking 
‘‘of longer than 60 days’’. 
SEC. 11012. ANIMAL PROTECTION. 
(a) WILLFUL VIOLATIONS.—Section 10414(b)(1)(A) of the Animal 
Health Protection Act (7 U.S.C. 8316(b)(1)(A)) is amended by 
striking clause (iii) and inserting the following: 
‘‘(iii) for all violations adjudicated in a single pro-
ceeding— 
‘‘(I) $500,000 if the violations do not include 
a willful violation; or 
‘‘(II) $1,000,000 if the violations include 1 or 
more willful violations.’’. 
(b) SUBPOENA AUTHORITY.—Section 10415(a)(2) of the Animal 
Health Protection Act (7 U.S.C. 8314) is amended 
(1) by striking subparagraph (A) and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—The Secretary shall have the power 
to subpoena the attendance and testimony of any witness, 
the production of all evidence (including books, papers, 
documents, electronically stored information, and other tan-
gible things that constitute or contain evidence), or to 
require the person to whom the subpoena is directed to 
permit the inspection of premises relating to the adminis-
tration or enforcement of this title or any matter under 
investigation in connection with this title.’’; 
(2) in subparagraph (B), by striking ‘‘documentary’’; and
H. R. 2419—439 
(3) in subparagraph (C)— 
(A) in clause (i), by striking ‘‘testimony of any witness 
and the production of documentary evidence’’ and inserting 
‘‘testimony of any witness, the production of evidence, or 
the inspection of premises’’; and 
(B) in clause (ii), by striking ‘‘question or to produce 
documentary evidence’’ and inserting ‘‘question, produce 
evidence, or permit the inspection of premises’’. 
SEC. 11013. NATIONAL AQUATIC ANIMAL HEALTH PLAN. 
(a) IN GENERAL.—The Secretary of Agriculture may enter into 
a cooperative agreement with an eligible entity to carry out a 
project under a national aquatic animal health plan under the 
authority of the Secretary under section 10411 of the Animal Health 
Protection Act (7 U.S.C. 8310) for the purpose of detecting, control-
ling, or eradicating diseases of aquaculture species and promoting 
species-specific best management practices. 
(b) COOPERATIVE AGREEMENTS BETWEEN ELIGIBLE ENTITIES 
AND THE SECRETARY.— 
(1) DUTIES.—As a condition of entering into a cooperative 
agreement with the Secretary under this section, an eligible 
entity shall agree to— 
(A) assume responsibility for the non-Federal share 
of the cost of carrying out the project under the national 
aquatic health plan, as determined by the Secretary in 
accordance with paragraph (2); and 
(B) act in accordance with applicable disease and spe-
cies specific best management practices relating to activi-
ties to be carried out under such project. 
(2) NON-FEDERAL SHARE.—The Secretary shall determine 
the non-Federal share of the cost of carrying out a project 
under the national aquatic health plan on a case-by-case basis 
for each such project. Such non-Federal share may be provided 
in cash or in-kind. 
(c) APPLICABILITY OF OTHER LAWS.—In carrying out this section, 
the Secretary may make use of the authorities under the Animal 
Health Protection Act (7 U.S.C. 8301 et seq.), including the 
authority to carry out operations and measures to detect, control, 
and eradicate pests and diseases and the authority to pay claims 
arising out of the destruction of any animal, article, or means 
of conveyance. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated such sums as may be necessary to carry out 
this section for each of fiscal years 2008 through 2012. 
(e) ELIGIBLE
ENTITY
DEFINED.—In this section, the term 
‘‘eligible entity’’ means a State, a political subdivision of a State, 
Indian tribe, or other appropriate entity, as determined by the 
Secretary of Agriculture. 
SEC. 11014. STUDY ON BIOENERGY OPERATIONS. 
(a) STUDY.—The Secretary of Agriculture shall conduct a study 
to evaluate the role of animal manure as a source of fertilizer 
and its potential additional uses. Such study shall include— 
(1) a determination of the extent to which animal manure 
is utilized as fertilizer in agricultural operations by type 
(including species and agronomic practices employed) and size;
H. R. 2419—440 
(2) an evaluation of the potential impact on consumers 
and on agricultural operations (by size) resulting from limita-
tions being placed on the utilization of animal manure as 
fertilizer; and 
(3) an evaluation of the effects on agriculture production 
contributable to the increased competition for animal manure 
use due to bioenergy production, including as a feedstock or 
a replacement for fossil fuels. 
(b) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the Committee 
on Agriculture of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate the results 
of the study conducted under subsection (a). 
SEC. 
11015. 
INTERSTATE 
SHIPMENT 
OF 
MEAT 
AND 
POULTRY 
INSPECTED BY FEDERAL AND STATE AGENCIES FOR 
CERTAIN SMALL ESTABLISHMENTS. 
(a) MEAT AND MEAT PRODUCTS.—The Federal Meat Inspection 
Act (21 U.S.C. 601 et seq.) is amended by adding at the end 
the following: 
‘‘TITLE V—INSPECTIONS BY FEDERAL 
AND STATE AGENCIES 
‘‘SEC. 501. INTERSTATE SHIPMENT OF MEAT INSPECTED BY FEDERAL 
AND STATE AGENCIES FOR CERTAIN SMALL ESTABLISH-
MENTS. 
‘‘(a) DEFINITIONS.— 
‘‘(1) APPROPRIATE STATE AGENCY.—The term ‘appropriate 
State agency’ means a State agency described in section 301(b). 
‘‘(2) DESIGNATED PERSONNEL.—The term ‘designated per-
sonnel’ means inspection personnel of a State agency that have 
undergone all necessary inspection training and certification 
to assist the Secretary in the administration and enforcement 
of this Act, including rules and regulations issued under this 
Act. 
‘‘(3) 
ELIGIBLE
ESTABLISHMENT.—The 
term 
‘eligible 
establishment’ means an establishment that is in compliance 
with— 
‘‘(A) the State inspection program of the State in which 
the establishment is located; and 
‘‘(B) this Act, including rules and regulations issued 
under this Act. 
‘‘(4) MEAT ITEM.—The term ‘meat item’ means— 
‘‘(A) a portion of meat; and 
‘‘(B) a meat food product. 
‘‘(5) 
SELECTED
ESTABLISHMENT.—The 
term 
‘selected 
establishment’ means an eligible establishment that is selected 
by the Secretary, in coordination with the appropriate State 
agency of the State in which the eligible establishment is 
located, under subsection (b) to ship carcasses, portions of car-
casses, and meat items in interstate commerce. 
‘‘(b) AUTHORITY OF SECRETARY TO ALLOW SHIPMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary, 
in coordination with the appropriate State agency of the State
H. R. 2419—441 
in which an establishment is located, may select the establish-
ment to ship carcasses, portions of carcasses, and meat items 
in interstate commerce, and place on each carcass, portion 
of a carcass, and meat item shipped in interstate commerce 
a Federal mark, stamp, tag, or label of inspection, if— 
‘‘(A) the carcass, portion of carcass, or meat item quali-
fies for the mark, stamp, tag, or label of inspection under 
the requirements of this Act; 
‘‘(B) the establishment is an eligible establishment; 
and 
‘‘(C) inspection services for the establishment are pro-
vided by designated personnel. 
‘‘(2) PROHIBITED ESTABLISHMENTS.—In carrying out para-
graph (1), the Secretary, in coordination with an appropriate 
State agency, shall not select an establishment that— 
‘‘(A) on average, employs more than 25 employees 
(including supervisory and nonsupervisory employees), as 
defined by the Secretary; 
‘‘(B) as of the date of the enactment of this section, 
ships in interstate commerce carcasses, portions of car-
casses, or meat items that are inspected by the Secretary 
in accordance with this Act; 
‘‘(C)(i) is a Federal establishment; 
‘‘(ii) was a Federal establishment that was reorganized 
on a later date under the same name or a different name 
or person by the person, firm, or corporation that controlled 
the establishment as of the date of the enactment of this 
section; or 
‘‘(iii) was a State establishment as of the date of the 
enactment of this section that— 
‘‘(I) as of the date of the enactment of this section, 
employed more than 25 employees; and 
‘‘(II) was reorganized on a later date by the person, 
firm, or corporation that controlled the establishment 
as of the date of the enactment of this section; 
‘‘(D) is in violation of this Act; 
‘‘(E) is located in a State that does not have a State 
inspection program; or 
‘‘(F) is the subject of a transition carried out in accord-
ance with a procedure developed by the Secretary under 
paragraph (3)(A). 
‘‘(3) ESTABLISHMENTS
THAT
EMPLOY
MORE
THAN
EMPLOYEES.— 
‘‘(A) DEVELOPMENT
OF
PROCEDURE.—The Secretary 
may develop a procedure to transition to a Federal 
establishment any establishment under this section that, 
on average, consistently employs more than 25 employees. 
‘‘(B) ELIGIBILITY OF CERTAIN ESTABLISHMENTS.— 
‘‘(i) IN
GENERAL.—A State establishment that 
employs more than 25 employees but less than 35 
employees as of the date of the enactment of this 
section may be selected as a selected establishment 
under this subsection. 
‘‘(ii) PROCEDURES.—A State establishment shall be 
subject to the procedures established under subpara-
graph (A) beginning on the date that is 3 years after 
the effective date described in subsection (j).
H. R. 2419—442 
‘‘(c) REIMBURSEMENT
OF STATE COSTS.—The Secretary shall 
reimburse a State for costs related to the inspection of selected 
establishments in the State in accordance with Federal require-
ments in an amount of not less than 60 percent of eligible State 
costs. 
‘‘(d) COORDINATION BETWEEN FEDERAL AND STATE AGENCIES.— 
‘‘(1) IN
GENERAL.—The Secretary shall designate an 
employee of the Federal Government as State coordinator for 
each appropriate State agency— 
‘‘(A) to provide oversight and enforcement of this title; 
and 
‘‘(B) to oversee the training and inspection activities 
of designated personnel of the State agency. 
‘‘(2) SUPERVISION.—A State coordinator shall be under the 
direct supervision of the Secretary. 
‘‘(3) DUTIES OF STATE COORDINATOR.— 
‘‘(A) IN
GENERAL.—A State coordinator shall visit 
selected establishments with a frequency that is appro-
priate to ensure that selected establishments are operating 
in a manner that is consistent with this Act (including 
regulations and policies under this Act). 
‘‘(B) QUARTERLY REPORTS.—A State coordinator shall, 
on a quarterly basis, submit to the Secretary a report 
that describes the status of each selected establishment 
that is under the jurisdiction of the State coordinator with 
respect to the level of compliance of each selected establish-
ment with the requirements of this Act. 
‘‘(C) IMMEDIATE
NOTIFICATION
REQUIREMENT.—If a 
State coordinator determines that any selected establish-
ment that is under the jurisdiction of the State coordinator 
is in violation of any requirement of this Act, the State 
coordinator shall— 
‘‘(i) immediately notify the Secretary of the viola-
tion; and 
‘‘(ii) deselect the selected establishment or suspend 
inspection at the selected establishment. 
‘‘(4) PERFORMANCE
EVALUATIONS.—Performance evalua-
tions of State coordinators designated under this subsection 
shall be conducted by the Secretary as part of the Federal 
agency management control system. 
‘‘(e) AUDITS.— 
‘‘(1) PERIODIC AUDITS CONDUCTED BY INSPECTOR GENERAL 
OF THE DEPARTMENT OF AGRICULTURE.—Not later than 2 years 
after the effective date described in subsection (j), and not 
less often than every 3 years thereafter, the Inspector General 
of the Department of Agriculture shall conduct an audit of 
each activity taken by the Secretary under this section for 
the period covered by the audit to determine compliance with 
this section. 
‘‘(2) AUDIT CONDUCTED BY COMPTROLLER GENERAL OF THE 
UNITED STATES.—Not earlier than 3 years, nor later than 5 
years, after the date of the enactment of this section, the 
Comptroller General of the United States shall conduct an 
audit of the implementation of this section to determine— 
‘‘(A) the effectiveness of the implementation of this 
section; and
H. R. 2419—443 
‘‘(B) the number of selected establishments selected 
by the Secretary to ship carcasses, portions of carcasses, 
or meat items under this section. 
‘‘(f) TECHNICAL ASSISTANCE DIVISION.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 days after the 
effective date described in subsection (j), the Secretary shall 
establish in the Food Safety and Inspection Service of the 
Department of Agriculture a technical assistance division to 
coordinate the initiatives of any other appropriate agency of 
the Department of Agriculture to provide— 
‘‘(A) outreach, education, and training to very small 
or certain small establishments (as defined by the Sec-
retary); and 
‘‘(B) grants to appropriate State agencies to provide 
outreach, technical assistance, education, and training to 
very small or certain small establishments (as defined by 
the Secretary). 
‘‘(2) PERSONNEL.—The technical assistance division shall 
be comprised of individuals that, as determined by the Sec-
retary— 
‘‘(A) are of a quantity sufficient to carry out the duties 
of the technical assistance division; and 
‘‘(B) possess appropriate qualifications and expertise 
relating to the duties of the technical assistance division. 
‘‘(g) TRANSITION GRANTS.—The Secretary may provide grants 
to appropriate State agencies to assist the appropriate State agen-
cies in helping establishments covered by title III to transition 
to selected establishments. 
‘‘(h) VIOLATIONS.—Any selected establishment that the Sec-
retary determines to be in violation of any requirement of this 
Act shall be transitioned to a Federal establishment in accordance 
with a procedure developed by the Secretary under subsection 
(b)(3)(A). 
‘‘(i) EFFECT.—Nothing in this section limits the jurisdiction 
of the Secretary with respect to the regulation of meat and meat 
products under this Act. 
‘‘(j) EFFECTIVE DATE.— 
‘‘(1) IN GENERAL.—This section takes effect on the date 
on which the Secretary, after providing a period of public com-
ment (including through the conduct of public meetings or 
hearings), promulgates final regulations to carry out this sec-
tion. 
‘‘(2) REQUIREMENT.—Not later than 18 months after the 
date of the enactment of this section, the Secretary shall 
promulgate final regulations in accordance with paragraph (1).’’. 
(b) POULTRY AND POULTRY PRODUCTS.—The Poultry Products 
Inspection Act (21 U.S.C. 451 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 31. INTERSTATE SHIPMENT OF POULTRY INSPECTED BY FED-
ERAL 
AND 
STATE 
AGENCIES 
FOR 
CERTAIN 
SMALL 
ESTABLISHMENTS. 
‘‘(a) DEFINITIONS.— 
‘‘(1) APPROPRIATE STATE AGENCY.—The term ‘appropriate 
State agency’ means a State agency described in section 5(a)(1). 
‘‘(2) DESIGNATED PERSONNEL.—The term ‘designated per-
sonnel’ means inspection personnel of a State agency that have
H. R. 2419—444 
undergone all necessary inspection training and certification 
to assist the Secretary in the administration and enforcement 
of this Act, including rules and regulations issued under this 
Act. 
‘‘(3) 
ELIGIBLE
ESTABLISHMENT.—The 
term 
‘eligible 
establishment’ means an establishment that is in compliance 
with— 
‘‘(A) the State inspection program of the State in which 
the establishment is located; and 
‘‘(B) this Act, including rules and regulations issued 
under this Act. 
‘‘(4) POULTRY ITEM.—The term ‘poultry item’ means— 
‘‘(A) a portion of poultry; and 
‘‘(B) a poultry product. 
‘‘(5) 
SELECTED
ESTABLISHMENT.—The 
term 
‘selected 
establishment’ means an eligible establishment that is selected 
by the Secretary, in coordination with the appropriate State 
agency of the State in which the eligible establishment is 
located, under subsection (b) to ship poultry items in interstate 
commerce. 
‘‘(b) AUTHORITY OF SECRETARY TO ALLOW SHIPMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary, 
in coordination with the appropriate State agency of the State 
in which an establishment is located, may select the establish-
ment to ship poultry items in interstate commerce, and place 
on each poultry item shipped in interstate commerce a Federal 
mark, stamp, tag, or label of inspection, if— 
‘‘(A) the poultry item qualifies for the Federal mark, 
stamp, tag, or label of inspection under the requirements 
of this Act; 
‘‘(B) the establishment is an eligible establishment; 
and 
‘‘(C) inspection services for the establishment are pro-
vided by designated personnel. 
‘‘(2) PROHIBITED ESTABLISHMENTS.—In carrying out para-
graph (1), the Secretary, in coordination with an appropriate 
State agency, shall not select an establishment that— 
‘‘(A) on average, employs more than 25 employees 
(including supervisory and nonsupervisory employees), as 
defined by the Secretary; 
‘‘(B) as of the date of the enactment of this section, 
ships in interstate commerce carcasses, portions of car-
casses, or poultry items that are inspected by the Secretary 
in accordance with this Act; 
‘‘(C)(i) is a Federal establishment; 
‘‘(ii) was a Federal establishment as of the date of 
the enactment of this section, and was reorganized on 
a later date under the same name or a different name 
or person by the person, firm, or corporation that controlled 
the establishment as of the date of the enactment of this 
section; or 
‘‘(iii) was a State establishment as of the date of the 
enactment of this section that— 
‘‘(I) as of the date of the enactment of this section, 
employed more than 25 employees; and
H. R. 2419—445 
‘‘(II) was reorganized on a later date by the person, 
firm, or corporation that controlled the establishment 
as of the date of the enactment of this section; 
‘‘(D) is in violation of this Act; 
‘‘(E) is located in a State that does not have a State 
inspection program; or 
‘‘(F) is the subject of a transition carried out in accord-
ance with a procedure developed by the Secretary under 
paragraph (3)(A). 
‘‘(3) ESTABLISHMENTS
THAT
EMPLOY
MORE
THAN
EMPLOYEES.— 
‘‘(A) DEVELOPMENT
OF
PROCEDURE.—The Secretary 
may develop a procedure to transition to a Federal 
establishment any establishment under this section that, 
on average, consistently employs more than 25 employees. 
‘‘(B) ELIGIBILITY OF CERTAIN ESTABLISHMENTS.— 
‘‘(i) IN
GENERAL.—A State establishment that 
employs more than 25 employees but less than 35 
employees as of the date of the enactment of this 
section may be selected as a selected establishment 
under this subsection. 
‘‘(ii) PROCEDURES.—A State establishment shall be 
subject to the procedures established under subpara-
graph (A) beginning on the date that is 3 years after 
the effective date described in subsection (i). 
‘‘(c) REIMBURSEMENT
OF STATE COSTS.—The Secretary shall 
reimburse a State for costs related to the inspection of selected 
establishments in the State in accordance with Federal require-
ments in an amount of not less than 60 percent of eligible State 
costs. 
‘‘(d) COORDINATION BETWEEN FEDERAL AND STATE AGENCIES.— 
‘‘(1) IN
GENERAL.—The Secretary shall designate an 
employee of the Federal Government as State coordinator for 
each appropriate State agency— 
‘‘(A) to provide oversight and enforcement of this sec-
tion; and 
‘‘(B) to oversee the training and inspection activities 
of designated personnel of the State agency. 
‘‘(2) SUPERVISION.—A State coordinator shall be under the 
direct supervision of the Secretary. 
‘‘(3) DUTIES OF STATE COORDINATOR.— 
‘‘(A) IN
GENERAL.—A State coordinator shall visit 
selected establishments with a frequency that is appro-
priate to ensure that selected establishments are operating 
in a manner that is consistent with this Act (including 
regulations and policies under this Act). 
‘‘(B) QUARTERLY REPORTS.—A State coordinator shall, 
on a quarterly basis, submit to the Secretary a report 
that describes the status of each selected establishment 
that is under the jurisdiction of the State coordinator with 
respect to the level of compliance of each selected establish-
ment with the requirements of this Act. 
‘‘(C) IMMEDIATE
NOTIFICATION
REQUIREMENT.—If a 
State coordinator determines that any selected establish-
ment that is under the jurisdiction of the State coordinator 
is in violation of any requirement of this Act, the State 
coordinator shall—
H. R. 2419—446 
‘‘(i) immediately notify the Secretary of the viola-
tion; and 
‘‘(ii) deselect the selected establishment or suspend 
inspection at the selected establishment. 
‘‘(4) PERFORMANCE
EVALUATIONS.—Performance evalua-
tions of State coordinators designated under this subsection 
shall be conducted by the Secretary as part of the Federal 
agency management control system. 
‘‘(e) AUDITS.— 
‘‘(1) PERIODIC AUDITS CONDUCTED BY INSPECTOR GENERAL 
OF THE DEPARTMENT OF AGRICULTURE.—Not later than 2 years 
after the effective date described in subsection (i), and not 
less often than every 3 years thereafter, the Inspector General 
of the Department of Agriculture shall conduct an audit of 
each activity taken by the Secretary under this section for 
the period covered by the audit to determine compliance with 
this section. 
‘‘(2) AUDIT CONDUCTED BY COMPTROLLER GENERAL OF THE 
UNITED STATES.—Not earlier than 3 years, nor later than 5 
years, after the date of the enactment of this section, the 
Comptroller General of the United States shall conduct an 
audit of the implementation of this section to determine— 
‘‘(A) the effectiveness of the implementation of this 
section; and 
‘‘(B) the number of selected establishments selected 
by the Secretary to ship poultry items under this section. 
‘‘(f) TRANSITION GRANTS.—The Secretary may provide grants 
to appropriate State agencies to assist the appropriate State agen-
cies in helping establishments covered by this Act to transition 
to selected establishments. 
‘‘(g) VIOLATIONS.—Any selected establishment that the Sec-
retary determines to be in violation of any requirement of this 
Act shall be transitioned to a Federal establishment in accordance 
with a procedure developed by the Secretary under subsection 
(b)(3)(A). 
‘‘(h) EFFECT.—Nothing in this section limits the jurisdiction 
of the Secretary with respect to the regulation of poultry and 
poultry products under this Act. 
‘‘(i) EFFECTIVE DATE.— 
‘‘(1) IN GENERAL.—This section takes effect on the date 
on which the Secretary, after providing a period of public com-
ment (including through the conduct of public meetings or 
hearings), promulgates final regulations to carry out this sec-
tion. 
‘‘(2) REQUIREMENT.—Not later than 18 months after the 
date of the enactment of this section, the Secretary shall 
promulgate final regulations in accordance with paragraph (1).’’. 
SEC. 11016. INSPECTION AND GRADING. 
(a) GRADING.—Section 203 of the Agricultural Marketing Act 
of 1946 (7 U.S.C. 1622) is amended— 
(1) by redesignating subsection (n) as subsection (o); and 
(2) by inserting after subsection (m) the following new 
subsection: 
‘‘(n) GRADING PROGRAM.—To establish within the Department 
of Agriculture a voluntary fee based grading program for—
H. R. 2419—447 
‘‘(1) catfish (as defined by the Secretary under paragraph 
(2) of section 1(w) of the Federal Meat Inspection Act (21 
U.S.C. 601(w))); and 
‘‘(2) any additional species of farm-raised fish or farm- 
raised shellfish— 
‘‘(A) for which the Secretary receives a petition 
requesting such voluntary fee based grading; and 
‘‘(B) that the Secretary considers appropriate.’’. 
(b) INSPECTION.— 
(1) IN
GENERAL.—The Federal Meat Inspection Act is 
amended— 
(A) in section 1(w) (21 U.S.C. 601(w)) — 
(i) by striking ‘‘and’’ at the end of paragraph (1); 
(ii) by redesignating paragraph (2) as paragraph 
(3); and 
(iii) by inserting after paragraph (1) the following 
new paragraph: 
‘‘(2) catfish, as defined by the Secretary; and’’; 
(B) by striking section 6 (21 U.S.C. 606) and inserting 
the following new section: 
‘‘SEC. 6. (a) IN GENERAL.—For the purposes hereinbefore set 
forth the Secretary shall cause to be made, by inspectors appointed 
for that purpose, an examination and inspection of all meat food 
products prepared for commerce in any slaughtering, meat-canning, 
salting, packing, rendering, or similar establishment, and for the 
purposes of any examination and inspection and inspectors shall 
have access at all times, by day or night, whether the establishment 
be operated or not, to every part of said establishment; and said 
inspectors shall mark, stamp, tag, or label as ‘Inspected and passed’ 
all such products found to be not adulterated; and said inspectors 
shall label, mark, stamp, or tag as ‘Inspected and condemned’ 
all such products found adulterated, and all such condemned meat 
food products shall be destroyed for food purposes, as hereinbefore 
provided, and the Secretary may remove inspectors from any 
establishment which fails to so destroy such condemned meat food 
products: Provided, That subject to the rules and regulations of 
the Secretary the provisions of this section in regard to preserva-
tives shall not apply to meat food products for export to any foreign 
country and which are prepared or packed according to the specifica-
tions or directions of the foreign purchaser, when no substance 
is used in the preparation or packing thereof in conflict with the 
laws of the foreign country to which said article is to be exported; 
but if said article shall be in fact sold or offered for sale for 
domestic use or consumption then this proviso shall not exempt 
said article from the operation of all the other provisions of this 
chapter. 
‘‘(b) CATFISH.—In the case of an examination and inspection 
under subsection (a) of a meat food product derived from catfish, 
the Secretary shall take into account the conditions under which 
the catfish is raised and transported to a processing establishment.’’; 
and 
(C) by adding at the end of title I the following new 
section: 
‘‘SEC. 25. Notwithstanding any other provision of this Act, 
the requirements of sections 3, 4, 5, 10(b), and 23 shall not apply 
to catfish.’’. 
(2) EFFECTIVE DATE.—
H. R. 2419—448 
(A) IN GENERAL.—The amendments made by paragraph 
(1) shall not apply until the date on which the Secretary 
of Agriculture issues final regulations (after providing a 
period of public comment, including through the conduct 
of public meetings or hearings, in accordance with chapter 
5 of title 5, United States Code) to carry out such amend-
ments. 
(B) REGULATIONS.—Not later than 18 months after 
the date of the enactment of this Act, the Secretary of 
Agriculture, in consultation with the Commissioner of Food 
and Drugs, shall issue final regulations to carry out the 
amendments made by paragraph (1). 
(3) BUDGET REQUEST.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Agriculture 
shall submit to Congress an estimate of the costs of imple-
menting the amendments made by paragraph (1), including 
the estimated— 
(A) staff years; 
(B) number of establishments; 
(C) volume expected to be produced at such establish-
ments; and 
(D) any other information used in estimating the costs 
of implementing such amendments. 
SEC. 11017. FOOD SAFETY IMPROVEMENT. 
(a) FEDERAL MEAT INSPECTION ACT.—Title I of the Federal 
Meat Inspection Act is further amended by inserting after section 
11 (21 U.S.C. 611) the following: 
‘‘SEC. 12. NOTIFICATION. 
‘‘Any establishment subject to inspection under this Act that 
believes, or has reason to believe, that an adulterated or misbranded 
meat or meat food product received by or originating from the 
establishment has entered into commerce shall promptly notify 
the Secretary with regard to the type, amount, origin, and destina-
tion of the meat or meat food product. 
‘‘SEC. 13. PLANS AND REASSESSMENTS. 
‘‘The Secretary shall require that each establishment subject 
to inspection under this Act shall, at a minimum— 
‘‘(1) prepare and maintain current procedures for the recall 
of all meat or meat food products produced and shipped by 
the establishment; 
‘‘(2) document each reassessment of the process control 
plans of the establishment; and 
‘‘(3) upon request, make the procedures and reassessed 
process control plans available to inspectors appointed by the 
Secretary for review and copying.’’. 
(b) POULTRY PRODUCTS INSPECTION ACT.—Section 10 of the 
Poultry Products Inspection Act (21 U.S.C. 459) is amended— 
(1) by striking the section heading and all that follows 
through ‘‘SEC. 10. No establishment’’ and inserting the following: 
‘‘SEC. 10. COMPLIANCE BY ALL ESTABLISHMENTS. 
‘‘(a) IN GENERAL.—No establishment’’; and 
(2) by adding at the end the following: 
‘‘(b) NOTIFICATION.—Any establishment subject to inspection 
under this Act that believes, or has reason to believe, that an
H. R. 2419—449 
adulterated or misbranded poultry or poultry product received by 
or originating from the establishment has entered into commerce 
shall promptly notify the Secretary with regard to the type, amount, 
origin, and destination of the poultry or poultry product. 
‘‘(c) PLANS AND REASSESSMENTS.—The Secretary shall require 
that each establishment subject to inspection under this Act shall, 
at a minimum— 
‘‘(1) prepare and maintain current procedures for the recall 
of all poultry or poultry products produced and shipped by 
the establishment; 
‘‘(2) document each reassessment of the process control 
plans of the establishment; and 
‘‘(3) upon request, make the procedures and reassessed 
process control plans available to inspectors appointed by the 
Secretary for review and copying.’’. 
TITLE XII—CROP INSURANCE AND 
DISASTER ASSISTANCE PROGRAMS 
Subtitle A—Crop Insurance and 
Agricultural Disaster Assistance 
SEC. 12001. DEFINITION OF ORGANIC CROP. 
Section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 
1502(b)) is amended— 
(1) by redesignating paragraphs (7) and (8) as paragraphs 
(8) and (9), respectively; and 
(2) by inserting after paragraph (6) the following: 
‘‘(7) ORGANIC
CROP.—The term ‘organic crop’ means an 
agricultural commodity that is organically produced consistent 
with section 2103 of the Organic Foods Production Act of 1990 
(7 U.S.C. 6502).’’. 
SEC. 12002. GENERAL POWERS. 
(a) IN GENERAL.—Section 506 of the Federal Crop Insurance 
Act (7 U.S.C. 1506) is amended— 
(1) in the first sentence of subsection (d), by striking ‘‘The 
Corporation’’ and inserting ‘‘Subject to section 508(j)(2)(A), the 
Corporation’’; and 
(2) by striking subsection (n). 
(b) CONFORMING AMENDMENTS.— 
(1) Section 506 of the Federal Crop Insurance Act (7 U.S.C. 
1506) is amended by redesignating subsections (o), (p), and 
(q) as subsections (n), (o), and (p), respectively. 
(2) Section 521 of the Federal Crop Insurance Act (7 U.S.C. 
1521) is amended by striking the last sentence. 
SEC. 12003. REDUCTION IN LOSS RATIO. 
(a) PROJECTED LOSS RATIO.—Subsection (n)(2) of section 506 
of the Federal Crop Insurance Act (7 U.S.C. 1506) (as redesignated 
by section 12002(b)(1)) is amended— 
(1) in the paragraph heading, by striking ‘‘AS OF OCTOBER 
1, 1998’’; 
(2) by striking ‘‘, on and after October 1, 1998,’’; and 
(3) by striking ‘‘1.075’’ and inserting ‘‘1.0’’.
H. R. 2419—450 
(b) PREMIUMS REQUIRED.—Section 508(d)(1) of the Federal Crop 
Insurance Act (7 U.S.C. 1508(d)(1)) is amended by striking ‘‘not 
greater than 1.1’’ and all that follows and inserting ‘‘not greater 
than— 
‘‘(A) 1.1 through September 30, 1998; 
‘‘(B) 1.075 for the period beginning October 1, 1998, 
and ending on the day before the date of enactment of 
the Food, Conservation, and Energy Act of 2008; and 
‘‘(C) 1.0 on and after the date of enactment of that 
Act.’’. 
SEC. 12004. PREMIUMS ADJUSTMENTS. 
Section 508(a) of the Federal Crop Insurance Act (7 U.S.C. 
1508(a)) is amended by adding at the end the following: 
‘‘(9) PREMIUM ADJUSTMENTS.— 
‘‘(A) PROHIBITION.—Except as provided in subpara-
graph (B), no person shall pay, allow, or give, or offer 
to pay, allow, or give, directly or indirectly, either as an 
inducement to procure insurance or after insurance has 
been procured, any rebate, discount, abatement, credit, or 
reduction of the premium named in an insurance policy 
or any other valuable consideration or inducement not 
specified in the policy. 
‘‘(B) EXCEPTIONS.—Subparagraph (A) does not apply 
with respect to— 
‘‘(i) a payment authorized under subsection 
(b)(5)(B); 
‘‘(ii) a performance-based discount authorized 
under subsection (d)(3); or 
‘‘(iii) a patronage dividend, or similar payment, 
that is paid— 
‘‘(I) by an entity that was approved by the 
Corporation to make such payments for the 2005, 
2006, or 2007 reinsurance year, in accordance with 
subsection (b)(5)(B) as in effect on the day before 
the date of enactment of this paragraph; and 
‘‘(II) in a manner consistent with the payment 
plan approved in accordance with that subsection 
for the entity by the Corporation for the applicable 
reinsurance year.’’. 
SEC. 12005. CONTROLLED BUSINESS INSURANCE. 
Section 508(a) of the Federal Crop Insurance Act (7 U.S.C. 
1508(a)) (as amended by section 12004) is amended by adding 
at the end the following: 
‘‘(10) COMMISSIONS.— 
‘‘(A) DEFINITION OF IMMEDIATE FAMILY.—In this para-
graph, the term ‘immediate family’ means an individual’s 
father, mother, stepfather, stepmother, brother, sister, step-
brother, stepsister, son, daughter, stepson, stepdaughter, 
grandparent, 
grandson, 
granddaughter, 
father-in-law, 
mother-in-law, brother-in-law, sister-in-law, son-in-law, 
daughter-in-law, the spouse of the foregoing, and the 
individual’s spouse. 
‘‘(B) 
PROHIBITION.—No 
individual 
(including 
a 
subagent) may receive directly, or indirectly through an 
entity, any compensation (including any commission, profit 
sharing, bonus, or any other direct or indirect benefit)
H. R. 2419—451 
for the sale or service of a policy or plan of insurance 
offered under this title if— 
‘‘(i) the individual has a substantial beneficial 
interest, or a member of the individual’s immediate 
family has a substantial beneficial interest, in the 
policy or plan of insurance; and 
‘‘(ii) the total compensation to be paid to the indi-
vidual with respect to the sale or service of the policies 
or plans of insurance that meet the condition described 
in clause (i) exceeds 30 percent or the percentage speci-
fied in State law, whichever is less, of the total of 
all compensation received directly or indirectly by the 
individual for the sale or service of all policies and 
plans of insurance offered under this title for the 
reinsurance year. 
‘‘(C) REPORTING.—Not later than 90 days after the 
annual settlement date of the reinsurance year, any indi-
vidual that received directly or indirectly any compensation 
for the service or sale of any policy or plan of insurance 
offered under this title in the prior reinsurance year shall 
certify to applicable approved insurance providers that the 
compensation that the individual received was in compli-
ance with this paragraph. 
‘‘(D) SANCTIONS.—The procedural requirements and 
sanctions prescribed in section 515(h) shall apply to the 
prosecution of a violation of this paragraph. 
‘‘(E) APPLICABILITY.— 
‘‘(i) IN GENERAL.—Sanctions for violations under 
this paragraph shall only apply to the individuals or 
entities directly responsible for the certification 
required under subparagraph (C) or the failure to 
comply with the requirements of this paragraph. 
‘‘(ii) PROHIBITION.—No sanctions shall apply with 
respect to the policy or plans of insurance upon which 
compensation is received, including the reinsurance 
for those policies or plans.’’. 
SEC. 12006. ADMINISTRATIVE FEE. 
(a) IN GENERAL.—Section 508(b)(5) of the Federal Crop Insur-
ance Act (7 U.S.C. 1508(b)(5)) is amended— 
(1) by striking subparagraph (A) and inserting the fol-
lowing: 
‘‘(A) BASIC FEE.—Each producer shall pay an adminis-
trative fee for catastrophic risk protection in the amount 
of $300 per crop per county.’’; and 
(2) in subparagraph (B)— 
(A) by striking ‘‘PAYMENT ON BEHALF OF PRODUCERS’’ 
and inserting ‘‘PAYMENT OF CATASTROPHIC RISK PROTEC-
TION FEE ON BEHALF OF PRODUCERS’’; 
(B) in clause (i)— 
(i) by striking ‘‘or other payment’’; and 
(ii) by striking ‘‘with catastrophic risk protection 
or additional coverage’’ and inserting ‘‘through the pay-
ment of catastrophic risk protection administrative 
fees’’; 
(C) by striking clauses (ii) and (vi);
H. R. 2419—452 
(D) by redesignating clauses (iii), (iv), and (v) as clauses 
(ii), (iii), and (iv), respectively; 
(E) in clause (iii) (as so redesignated), by striking ‘‘A 
policy or plan of insurance’’ and inserting ‘‘Catastrophic 
risk protection coverage’’; and 
(F) in clause (iv) (as so redesignated)— 
(i) by striking ‘‘or other arrangement under this 
subparagraph’’; and 
(ii) by striking ‘‘additional’’. 
(b) REPEAL.—Section 748 of the Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agencies Appro-
priations Act, 1999 (7 U.S.C. 1508 note; Public Law 105–277) is 
repealed. 
SEC. 12007. TIME FOR PAYMENT. 
Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) 
is amended— 
(1) in subsection (b)(5)(C), by striking ‘‘the date that pre-
mium’’ and inserting ‘‘the same date on which the premium’’; 
(2) in subsection (c)(10), by adding at the end the following: 
‘‘(C) TIME
FOR
PAYMENT.—Subsection (b)(5)(C) shall 
apply with respect to the collection date for the administra-
tive fee.’’; and 
(3) in subsection (d), by adding at the end the following: 
‘‘(4) BILLING DATE FOR PREMIUMS.—Effective beginning with 
the 2012 reinsurance year, the Corporation shall establish 
August 15 as the billing date for premiums.’’. 
SEC. 12008. CATASTROPHIC COVERAGE REIMBURSEMENT RATE. 
Section 508(b)(11) of the Federal Crop Insurance Act (7 U.S.C. 
1508(b)(11)) is amended by striking ‘‘8 percent’’ and inserting ‘‘6 
percent’’. 
SEC. 12009. GRAIN SORGHUM PRICE ELECTION. 
Section 508(c)(5) of the Federal Crop Insurance Act (7 U.S.C. 
1508(c)(5)) is amended by adding at the end the following: 
‘‘(D) GRAIN SORGHUM PRICE ELECTION.— 
‘‘(i) IN GENERAL.—The Corporation, in conjunction 
with the Secretary (referred to in this subparagraph 
as the ‘Corporation’), shall— 
‘‘(I) not later than 60 days after the date of 
enactment of this subparagraph, make available 
all methods and data, including data from the 
Economic Research Service, used by the Corpora-
tion to develop the expected market prices for grain 
sorghum under the production and revenue-based 
plans of insurance of the Corporation; and 
‘‘(II) request applicable data from the grain 
sorghum industry. 
‘‘(ii) EXPERT REVIEWERS.— 
‘‘(I) IN
GENERAL.—Not later than 120 days 
after the date of enactment of this subparagraph, 
the Corporation shall contract individually with 
5 expert reviewers described in subclause (II) to 
develop and recommend a methodology for deter-
mining an expected market price for sorghum for 
both the production and revenue-based plans of
H. R. 2419—453 
insurance to more accurately reflect the actual 
price at harvest. 
‘‘(II) REQUIREMENTS.—The expert reviewers 
under subclause (I) shall be comprised of agricul-
tural economists with experience in grain sorghum 
and corn markets, of whom— 
‘‘(aa) 2 shall be agricultural economists 
of institutions of higher education; 
‘‘(bb) 2 shall be economists from within 
the Department; and 
‘‘(cc) 1 shall be an economist nominated 
by the grain sorghum industry. 
‘‘(iii) RECOMMENDATIONS.— 
‘‘(I) IN GENERAL.—Not later than 90 days after 
the date of contracting with the expert reviewers 
under clause (ii), the expert reviewers shall 
submit, and the Corporation shall make available 
to the public, the recommendations of the expert 
reviewers. 
‘‘(II) CONSIDERATION.—The Corporation shall 
consider the recommendations under subclause (I) 
when determining the appropriate pricing method-
ology to determine the expected market price for 
grain sorghum under both the production and rev-
enue-based plans of insurance. 
‘‘(III) PUBLICATION.—Not later than 60 days 
after the date on which the Corporation receives 
the recommendations of the expert reviewers, the 
Corporation shall publish the proposed pricing 
methodology for both the production and revenue- 
based plans of insurance for notice and comment 
and, during the comment period, conduct at least 
1 public meeting to discuss the proposed pricing 
methodologies. 
‘‘(iv) APPROPRIATE PRICING METHODOLOGY.— 
‘‘(I) IN
GENERAL.—Not later than 180 days 
after the close of the comment period in clause 
(iii)(III), but effective not later than the 2010 crop 
year, the Corporation shall implement a pricing 
methodology for grain sorghum under the produc-
tion and revenue-based plans of insurance that 
is transparent and replicable. 
‘‘(II) INTERIM METHODOLOGY.—Until the date 
on which the new pricing methodology is imple-
mented, the Corporation may continue to use the 
pricing methodology that the Corporation deter-
mines best establishes the expected market price. 
‘‘(III) AVAILABILITY.—On an annual basis, the 
Corporation shall make available the pricing meth-
odology and data used to determine the expected 
market prices for grain sorghum under the produc-
tion and revenue-based plans of insurance, 
including any changes to the methodology used 
to determine the expected market prices for grain 
sorghum from the previous year.’’.
H. R. 2419—454 
SEC. 12010. PREMIUM REDUCTION AUTHORITY. 
Subsection 508(e) of the Federal Crop Insurance Act (7 U.S.C. 
1508(e)) is amended— 
(1) in paragraph (2), by striking ‘‘paragraph (4)’’ and 
inserting ‘‘paragraph (3)’’; 
(2) by striking paragraph (3); and 
(3) by redesignating paragraphs (4) and (5) as paragraphs 
(3) and (4), respectively. 
SEC. 12011. ENTERPRISE AND WHOLE FARM UNITS. 
Section 508(e) of Federal Crop Insurance Act (7 U.S.C. 1508(e)) 
(as amended by section 12010) is amended by adding at the end 
the following: 
‘‘(5) ENTERPRISE AND WHOLE FARM UNITS.— 
‘‘(A) IN GENERAL.—The Corporation may carry out a 
pilot program under which the Corporation pays a portion 
of the premiums for plans or policies of insurance for which 
the insurable unit is defined on a whole farm or enterprise 
unit basis that is higher than would otherwise be paid 
in accordance with paragraph (2). 
‘‘(B) AMOUNT.—The percentage of the premium paid 
by the Corporation to a policyholder for a policy with an 
enterprise or whole farm unit under this paragraph shall, 
to the maximum extent practicable, provide the same dollar 
amount of premium subsidy per acre that would otherwise 
have been paid by the Corporation under paragraph (2) 
if the policyholder had purchased a basic or optional unit 
for the crop for the crop year. 
‘‘(C) LIMITATION.—The amount of the premium paid 
by the Corporation under this paragraph may not exceed 
80 percent of the total premium for the enterprise or whole 
farm unit policy.’’. 
SEC. 12012. PAYMENT OF PORTION OF PREMIUM FOR AREA REVENUE 
PLANS. 
Section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 
1508(e)) (as amended by section 12011) is amended— 
(1) in paragraph (2), in the matter preceding subparagraph 
(A), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4), 
(6), and (7)’’; and 
(2) by adding at the end the following: 
‘‘(6) PREMIUM SUBSIDY FOR AREA REVENUE PLANS.—Subject 
to paragraph (4), in the case of a policy or plan of insurance 
that covers losses due to a reduction in revenue in an area, 
the amount of the premium paid by the Corporation shall 
be as follows: 
‘‘(A) In the case of additional area coverage equal to 
or greater than 70 percent, but less than 75 percent, of 
the recorded county yield indemnified at not greater than 
100 percent of the expected market price, the amount shall 
be equal to the sum of— 
‘‘(i) 59 percent of the amount of the premium estab-
lished under subsection (d)(2)(B)(i) for the coverage 
level selected; and 
‘‘(ii) the amount determined under subsection 
(d)(2)(B)(ii) for the coverage level selected to cover oper-
ating and administrative expenses.
H. R. 2419—455 
‘‘(B) In the case of additional area coverage equal to 
or greater than 75 percent, but less than 85 percent, of 
the recorded county yield indemnified at not greater than 
100 percent of the expected market price, the amount shall 
be equal to the sum of— 
‘‘(i) 55 percent of the amount of the premium estab-
lished under subsection (d)(2)(B)(i) for the coverage 
level selected; and 
‘‘(ii) the amount determined under subsection 
(d)(2)(B)(ii) for the coverage level selected to cover oper-
ating and administrative expenses. 
‘‘(C) In the case of additional area coverage equal to 
or greater than 85 percent, but less than 90 percent, of 
the recorded county yield indemnified at not greater than 
100 percent of the expected market price, the amount shall 
be equal to the sum of— 
‘‘(i) 49 percent of the amount of the premium estab-
lished under subsection (d)(2)(B)(i) for the coverage 
level selected; and 
‘‘(ii) the amount determined under subsection 
(d)(2)(B)(ii) for the coverage level selected to cover oper-
ating and administrative expenses. 
‘‘(D) In the case of additional area coverage equal to 
or greater than 90 percent of the recorded county yield 
indemnified at not greater than 100 percent of the expected 
market price, the amount shall be equal to the sum of— 
‘‘(i) 44 percent of the amount of the premium estab-
lished under subsection (d)(2)(B)(i) for the coverage 
level selected; and 
‘‘(ii) the amount determined under subsection 
(d)(2)(B)(ii) for the coverage level selected to cover oper-
ating and administrative expenses. 
‘‘(7) PREMIUM
SUBSIDY
FOR
AREA
YIELD
PLANS.—Subject 
to paragraph (4), in the case of a policy or plan of insurance 
that covers losses due to a loss of yield or prevented planting 
in an area, the amount of the premium paid by the Corporation 
shall be as follows: 
‘‘(A) In the case of additional area coverage equal to 
or greater than 70 percent, but less than 80 percent, of 
the recorded county yield indemnified at not greater than 
100 percent of the expected market price, the amount shall 
be equal to the sum of— 
‘‘(i) 59 percent of the amount of the premium estab-
lished under subsection (d)(2)(B)(i) for the coverage 
level selected; and 
‘‘(ii) the amount determined under subsection 
(d)(2)(B)(ii) for the coverage level selected to cover oper-
ating and administrative expenses. 
‘‘(B) In the case of additional area coverage equal to 
or greater than 80 percent, but less than 90 percent, of 
the recorded county yield indemnified at not greater than 
100 percent of the expected market price, the amount shall 
be equal to the sum of— 
‘‘(i) 55 percent of the amount of the premium estab-
lished under subsection (d)(2)(B)(i) for the coverage 
level selected; and
H. R. 2419—456 
‘‘(ii) the amount determined under subsection 
(d)(2)(B)(ii) for the coverage level selected to cover oper-
ating and administrative expenses. 
‘‘(C) In the case of additional area coverage equal to 
or greater than 90 percent, of the recorded county yield 
indemnified at not greater than 100 percent of the expected 
market price, the amount shall be equal to the sum of— 
‘‘(i) 51 percent of the amount of the premium estab-
lished under subsection (d)(2)(B)(i) for the coverage 
level selected; and 
‘‘(ii) the amount determined under subsection 
(d)(2)(B)(ii) for the coverage level selected to cover oper-
ating and administrative expenses.’’. 
SEC. 12013. DENIAL OF CLAIMS. 
Section 508(j)(2)(A) of the Federal Crop Insurance Act (7 U.S.C. 
1508(j)(2)(A)) is amended by inserting ‘‘on behalf of the Corporation’’ 
after ‘‘approved provider’’. 
SEC. 12014. SETTLEMENT OF CROP INSURANCE CLAIMS ON FARM- 
STORED PRODUCTION. 
(a) IN GENERAL.—Section 508(j) of the Federal Crop Insurance 
Act (7 U.S.C. 1508(j)) is amended by adding at the end the following: 
‘‘(5) SETTLEMENT
OF
CLAIMS
ON
FARM-STORED
PRODUC-
TION.—A producer with farm-stored production may, at the 
option of the producer, delay settlement of a crop insurance 
claim relating to the farm-stored production for up to 4 months 
after the last date on which claims may be submitted under 
the policy of insurance.’’. 
(b) STUDY ON THE EFFICACY OF PACK FACTORS.— 
(1) IN GENERAL.—The Secretary shall conduct a study of 
the efficacy and accuracy of the application of pack factors 
regarding the measurement of farm-stored production for pur-
poses of providing policies or plans of insurance under the 
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). 
(2) CONSIDERATIONS.—The study shall consider— 
(A) structural shape and size; 
(B) time in storage; 
(C) the impact of facility aeration systems; and 
(D) any other factors the Secretary considers appro-
priate. 
(3) REPORT.—Not later than 3 years after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Agriculture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Senate 
a report that includes the findings of the study and any related 
policy recommendations. 
SEC. 12015. TIME FOR REIMBURSEMENT. 
Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. 
1508(k)(4)) is amended by adding at the end the following: 
‘‘(D) TIME FOR REIMBURSEMENT.—Effective beginning 
with the 2012 reinsurance year, the Corporation shall 
reimburse approved insurance providers and agents for 
the allowable administrative and operating costs of the 
providers and agents as soon as practicable after October 
1 (but not later than October 31) after the reinsurance 
year for which reimbursements are earned.’’.
H. R. 2419—457 
SEC. 12016. REIMBURSEMENT RATE. 
Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. 
1508(k)(4)) (as amended by section 12015) is amended— 
(1) in subparagraph (A), by striking ‘‘Except as provided 
in subparagraph (B)’’ and inserting ‘‘Except as otherwise pro-
vided in this paragraph’’; and 
(2) by adding at the end the following: 
‘‘(E) REIMBURSEMENT RATE REDUCTION.—In the case 
of a policy of additional coverage that received a rate of 
reimbursement for administrative and operating costs for 
the 2008 reinsurance year, for each of the 2009 and subse-
quent reinsurance years, the reimbursement rate for 
administrative and operating costs shall be 2.3 percentage 
points below the rates in effect as of the date of enactment 
of the Food, Conservation, and Energy Act of 2008 for 
all crop insurance policies used to define loss ratio, except 
that only 1⁄2 of the reduction shall apply in a reinsurance 
year to the total premium written in a State in which 
the State loss ratio is greater than 1.2. 
‘‘(F) REIMBURSEMENT
RATE
FOR
AREA
POLICIES
AND 
PLANS OF INSURANCE.—Notwithstanding subparagraphs (A) 
through (E), for each of the 2009 and subsequent reinsur-
ance years, the reimbursement rate for area policies and 
plans of insurance widely available as of the date of enact-
ment of this subparagraph shall be 12 percent of the pre-
mium used to define loss ratio for that reinsurance year.’’. 
SEC. 12017. RENEGOTIATION OF STANDARD REINSURANCE AGREE-
MENT. 
Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 
1508(k)) is amended by adding at the end the following: 
‘‘(8) RENEGOTIATION
OF
STANDARD
REINSURANCE
AGREE-
MENT.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), notwithstanding section 536 of the Agricultural 
Research, Extension, and Education Reform Act of 1998 
(7 U.S.C. 1506 note; Public Law 105–185) and section 148 
of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 
1506 note; Public Law 106–224), the Corporation may 
renegotiate the financial terms and conditions of each 
Standard Reinsurance Agreement— 
‘‘(i) to be effective for the 2011 reinsurance year 
beginning July 1, 2010; and 
‘‘(ii) once during each period of 5 reinsurance years 
thereafter. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) ADVERSE CIRCUMSTANCES.—Subject to clause 
(ii), subparagraph (A) shall not apply in any case in 
which the approved insurance providers, as a whole, 
experience unexpected adverse circumstances, as deter-
mined by the Secretary. 
‘‘(ii) EFFECT OF FEDERAL LAW CHANGES.—If Federal 
law is enacted after the date of enactment of this 
paragraph that requires revisions in the financial 
terms of the Standard Reinsurance Agreement, and 
changes in the Agreement are made on a mandatory 
basis by the Corporation, the changes shall not be
H. R. 2419—458 
considered to be a renegotiation of the Agreement for 
purposes of subparagraph (A). 
‘‘(C) NOTIFICATION REQUIREMENT.—If the Corporation 
renegotiates a Standard Reinsurance Agreement under 
subparagraph (A)(iii), the Corporation shall notify the Com-
mittee on Agriculture of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry of 
the Senate of the renegotiation. 
‘‘(D) CONSULTATION.—The approved insurance pro-
viders may confer with each other and collectively with 
the Corporation during any renegotiation under subpara-
graph (A). 
‘‘(E) 2011 REINSURANCE YEAR.— 
‘‘(i) IN GENERAL.—As part of the Standard Reinsur-
ance 
Agreement 
renegotiation 
authorized 
under 
subparagraph (A)(i), the Corporation shall consider 
alternative methods to determine reimbursement rates 
for administrative and operating costs. 
‘‘(ii) ALTERNATIVE METHODS.—Alternatives consid-
ered under clause (i) shall include— 
‘‘(I) methods that— 
‘‘(aa) are graduated and base reimburse-
ment rates in a State on changes in premiums 
in that State; 
‘‘(bb) are graduated and base reimburse-
ment rates in a State on the loss ratio for 
crop insurance for that State; and 
‘‘(cc) are graduated and base reimburse-
ment rates on individual policies on the level 
of total premium for each policy; and 
‘‘(II) any other method that takes into account 
current financial conditions of the program and 
ensures continued availability of the program to 
producers on a nationwide basis.’’. 
SEC. 12018. CHANGE IN DUE DATE FOR CORPORATION PAYMENTS FOR 
UNDERWRITING GAINS. 
Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 
1508(k)) (as amended by section 12017) is amended by adding 
at the end the following: 
‘‘(9) DUE DATE FOR PAYMENT OF UNDERWRITING GAINS.— 
Effective beginning with the 2011 reinsurance year, the Cor-
poration shall make payments for underwriting gains under 
this title on— 
‘‘(A) for the 2011 reinsurance year, October 1, 2012; 
and 
‘‘(B) for each reinsurance year thereafter, October 1 
of the following calendar year.’’. 
SEC. 12019. MALTING BARLEY. 
Section 508(m) of the Federal Crop Insurance Act (7 U.S.C. 
1508(m)) is amended by adding at the end the following: 
‘‘(5) SPECIAL PROVISIONS FOR MALTING BARLEY.—The Cor-
poration shall promulgate special provisions under this sub-
section specific to malting barley, taking into consideration 
any changes in quality factors, as required by applicable market 
conditions.’’.
H. R. 2419—459 
SEC. 12020. CROP PRODUCTION ON NATIVE SOD. 
(a) FEDERAL CROP INSURANCE.—Section 508 of the Federal 
Crop Insurance Act (7 U.S.C. 1508) is amended by adding at the 
end the following: 
‘‘(o) CROP PRODUCTION ON NATIVE SOD.— 
‘‘(1) DEFINITION OF NATIVE SOD.—In this subsection, the 
term ‘native sod’ means land— 
‘‘(A) on which the plant cover is composed principally 
of native grasses, grasslike plants, forbs, or shrubs suitable 
for grazing and browsing; and 
‘‘(B) that has never been tilled for the production of 
an annual crop as of the date of enactment of this sub-
section. 
‘‘(2) INELIGIBILITY FOR BENEFITS.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B) and 
paragraph (3), native sod acreage that has been tilled for 
the production of an annual crop after the date of enact-
ment of this subsection shall be ineligible during the first 
5 crop years of planting, as determined by the Secretary, 
for benefits under— 
‘‘(i) this title; and 
‘‘(ii) section 196 of the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 7333). 
‘‘(B) DE MINIMIS ACREAGE EXEMPTION.—The Secretary 
shall exempt areas of 5 acres or less from subparagraph 
(A). 
‘‘(3) APPLICATION.—Paragraph (2) may apply to native sod 
acreage in the Prairie Pothole National Priority Area at the 
election of the Governor of the respective State.’’. 
(b) NONINSURED CROP DISASTER ASSISTANCE.—Section 196(a) 
of the Federal Agriculture Improvement and Reform Act of 1996 
(7 U.S.C. 7333(a)) is amended by adding at the end the following: 
‘‘(4) PROGRAM INELIGIBILITY RELATING TO CROP PRODUCTION 
ON NATIVE SOD.— 
‘‘(A) DEFINITION OF NATIVE SOD.—In this paragraph, 
the term ‘native sod’ means land— 
‘‘(i) on which the plant cover is composed prin-
cipally of native grasses, grasslike plants, forbs, or 
shrubs suitable for grazing and browsing; and 
‘‘(ii) that has never been tilled for the production 
of an annual crop as of the date of enactment of this 
paragraph. 
‘‘(B) INELIGIBILITY FOR BENEFITS.— 
‘‘(i) IN
GENERAL.—Subject to clause (ii) and 
subparagraph (C), native sod acreage that has been 
tilled for the production of an annual crop after the 
date of enactment of this paragraph shall be ineligible 
during the first 5 crop years of planting, as determined 
by the Secretary, for benefits under— 
‘‘(I) this section; and 
‘‘(II) the Federal Crop Insurance Act (7 U.S.C. 
1501 et seq.). 
‘‘(ii) DE MINIMIS ACREAGE EXEMPTION.—The Sec-
retary shall exempt areas of 5 acres or less from clause 
(i). 
‘‘(C) APPLICATION.—Subparagraph (B) may apply to 
native sod acreage in the Prairie Pothole National Priority
H. R. 2419—460 
Area at the election of the Governor of the respective 
State.’’. 
SEC. 12021. INFORMATION MANAGEMENT. 
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) 
is amended— 
(a) in subsection (j)(3), by adding before the period at the 
end the following: ‘‘, which shall be subject to competition on a 
periodic basis, as determined by the Secretary’’; and 
(b) by striking subsection (k) and inserting the following: 
‘‘(k) FUNDING.— 
‘‘(1) INFORMATION TECHNOLOGY.—To carry out subsection 
(j)(1), the Corporation may use, from amounts made available 
from the insurance fund established under section 516(c), not 
more than $15,000,000 for each of fiscal years 2008 through 
2011. 
‘‘(2) DATA MINING.—To carry out subsection (j)(2), the Cor-
poration may use, from amounts made available from the insur-
ance fund established under section 516(c), not more than 
$4,000,000 for fiscal year 2009 and each subsequent fiscal 
year.’’. 
SEC. 12022. RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—Section 522(b) of the Federal Crop Insurance 
Act (7 U.S.C. 1522(b)) is amended by striking paragraphs (1) and 
(2) and inserting the following: 
‘‘(1) RESEARCH AND DEVELOPMENT PAYMENT.— 
‘‘(A) IN
GENERAL.—The Corporation shall provide a 
payment to an applicant for research and development 
costs in accordance with this subsection. 
‘‘(B) REIMBURSEMENT.—An applicant who submits a 
policy under section 508(h) shall be eligible for the 
reimbursement of reasonable research and development 
costs directly related to the policy if the policy is approved 
by the Board for sale to producers. 
‘‘(2) ADVANCE PAYMENTS.— 
‘‘(A) IN GENERAL.—Subject to the other provisions of 
this paragraph, the Board may approve the request of 
an applicant for advance payment of a portion of reasonable 
research and development costs prior to submission and 
approval of the policy by the Board under section 508(h). 
‘‘(B) PROCEDURES.—The Board shall establish proce-
dures for approving advance payment of reasonable 
research and development costs to applicants. 
‘‘(C) CONCEPT PROPOSAL.—As a condition of eligibility 
for advance payments, an applicant shall submit a concept 
proposal for the policy that the applicant plans to submit 
to the Board under section 508(h), consistent with proce-
dures established by the Board for submissions under 
subparagraph (B), including— 
‘‘(i) a summary of the qualifications of the 
applicant, including any prior concept proposals and 
submissions to the Board under section 508(h) and, 
if applicable, any work conducted under this section; 
‘‘(ii) a projection of total research and development 
costs that the applicant expects to incur; 
‘‘(iii) a description of the need for the policy, the 
marketability of and expected demand for the policy
H. R. 2419—461 
among affected producers, and the potential impact 
of the policy on producers and the crop insurance 
delivery system; 
‘‘(iv) a summary of data sources available to dem-
onstrate that the policy can reasonably be developed 
and actuarially appropriate rates established; and 
‘‘(v) an identification of the risks the proposed 
policy will cover and an explanation of how the identi-
fied risks are insurable under this title. 
‘‘(D) REVIEW.— 
‘‘(i) EXPERTS.—If the requirements of subpara-
graph (B) and (C) are met, the Board may submit 
a concept proposal described in subparagraph (C) to 
not less than 2 independent expert reviewers, whose 
services are appropriate for the type of concept proposal 
submitted, to assess the likelihood that the proposed 
policy being developed will result in a viable and 
marketable policy, as determined by the Board. 
‘‘(ii) TIMING.—The time frames described in sub-
paragraphs (C) and (D) of section 508(h)(4) shall apply 
to the review of concept proposals under this subpara-
graph. 
‘‘(E) APPROVAL.—The Board may approve up to 50 per-
cent of the projected total research and development costs 
to be paid in advance to an applicant, in accordance with 
the procedures developed by the Board for the making 
of such payments, if, after consideration of the reviewer 
reports described in subparagraph (D) and such other 
information as the Board determines appropriate, the 
Board determines that— 
‘‘(i) the concept, in good faith, will likely result 
in a viable and marketable policy consistent with sec-
tion 508(h); 
‘‘(ii) in the sole opinion of the Board, the concept, 
if developed into a policy and approved by the Board, 
would provide crop insurance coverage— 
‘‘(I) in a significantly improved form; 
‘‘(II) to a crop or region not traditionally served 
by the Federal crop insurance program; or 
‘‘(III) in a form that addresses a recognized 
flaw or problem in the program; 
‘‘(iii) the applicant agrees to provide such reports 
as the Corporation determines are necessary to monitor 
the development effort; 
‘‘(iv) the proposed budget and timetable are reason-
able; and 
‘‘(v) the concept proposal meets any other require-
ments that the Board determines appropriate. 
‘‘(F) SUBMISSION OF POLICY.—If the Board approves 
an advanced payment under subparagraph (E), the Board 
shall establish a date by which the applicant shall present 
a submission in compliance with section 508(h) (including 
the procedures implemented under that section) to the 
Board for approval. 
‘‘(G) FINAL PAYMENT.— 
‘‘(i) APPROVED POLICIES.—If a policy is submitted 
under subparagraph (F) and approved by the Board
H. R. 2419—462 
under section 508(h) and the procedures established 
by the Board (including procedures established under 
subparagraph (B)), the applicant shall be eligible for 
a payment of reasonable research and development 
costs in the same manner as policies reimbursed under 
paragraph (1)(B), less any payments made pursuant 
to subparagraph (E). 
‘‘(ii) POLICIES NOT APPROVED.—If a policy is sub-
mitted under subparagraph (F) and is not approved 
by the Board under section 508(h), the Corporation 
shall— 
‘‘(I) not seek a refund of any payments made 
in accordance with this paragraph; and 
‘‘(II) not make any further research and 
development cost payments associated with the 
submission of the policy under this paragraph. 
‘‘(H) POLICY NOT SUBMITTED.—If an applicant receives 
an advance payment and fails to fulfill the obligation of 
the applicant to the Board by not submitting a completed 
submission without just cause and in accordance with the 
procedures established under subparagraph (B)), including 
notice and reasonable opportunity to respond, as deter-
mined by the Board, the applicant shall return to the 
Board the amount of the advance plus interest. 
‘‘(I) REPEATED SUBMISSIONS.—The Board may prohibit 
advance payments to applicants who have submitted— 
‘‘(i) a concept proposal or submission that did not 
result in a marketable product; or 
‘‘(ii) a concept proposal or submission of poor 
quality. 
‘‘(J) CONTINUED ELIGIBILITY.—A determination that an 
applicant is not eligible for advance payments under this 
paragraph shall not prevent an applicant from reimburse-
ment under paragraph (1)(B).’’. 
(b) CONFORMING AMENDMENTS.—Section 522(b) of the Federal 
Crop Insurance Act (7 U.S.C. 1522(b)) is amended— 
(1) in paragraph (3), by striking ‘‘or (2)’’; and 
(2) in paragraph (4)(A), by striking ‘‘and (2)’’.’’ 
SEC. 12023. CONTRACTS FOR ADDITIONAL POLICIES AND STUDIES. 
Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 
1522) is amended— 
(1) by redesignating paragraph (10) as paragraph (17); 
and 
(2) by inserting after paragraph (9) the following: 
‘‘(10) CONTRACTS
FOR
ORGANIC
PRODUCTION
COVERAGE 
IMPROVEMENTS.— 
‘‘(A) CONTRACTS REQUIRED.—Not later than 180 days 
after the date of enactment of the Food, Conservation, 
and Energy Act of 2008, the Corporation shall enter into 
1 or more contracts for the development of improvements 
in Federal crop insurance policies covering crops produced 
in compliance with standards issued by the Department 
of Agriculture under the national organic program estab-
lished under the Organic Foods Production Act of 1990 
(7 U.S.C. 6501 et seq.).
H. R. 2419—463 
‘‘(B) REVIEW OF UNDERWRITING RISK AND LOSS EXPERI-
ENCE.— 
‘‘(i) REVIEW REQUIRED.— 
‘‘(I) IN GENERAL.—A contract under subpara-
graph (A) shall include a review of the under-
writing, risk, and loss experience of organic crops 
covered by the Corporation, as compared with the 
same crops produced in the same counties and 
during the same crop years using nonorganic 
methods. 
‘‘(II) REQUIREMENTS.—The review shall— 
‘‘(aa) to the maximum extent practicable, 
be designed to allow the Corporation to deter-
mine whether significant, consistent, or sys-
temic variations in loss history exist between 
organic and nonorganic production; 
‘‘(bb) include the widest available range 
of data collected by the Secretary and other 
outside sources of information; and 
‘‘(cc) not be limited to loss history under 
existing crop insurance policies. 
‘‘(ii) EFFECT ON PREMIUM SURCHARGE.—Unless the 
review under this subparagraph documents the exist-
ence of significant, consistent, and systemic variations 
in loss history between organic and nonorganic crops, 
either collectively or on an individual crop basis, the 
Corporation shall eliminate or reduce the premium 
surcharge that the Corporation charges for coverage 
for organic crops, as determined in accordance with 
the results. 
‘‘(iii) ANNUAL UPDATES.—Beginning with the 2009 
crop year, the review under this subparagraph shall 
be updated on an annual basis as data is accumulated 
by the Secretary and other sources, so that the Cor-
poration may make determinations regarding adjust-
ments to the surcharge in a timely manner as quickly 
as evolving practices and data trends allow. 
‘‘(C) ADDITIONAL PRICE ELECTION.— 
‘‘(i) IN GENERAL.—A contract under subparagraph 
(A) shall include the development of a procedure, 
including any associated changes in policy terms or 
materials required for implementation of the proce-
dure, to offer producers of organic crops an additional 
price election that reflects actual prices received by 
organic producers for crops from the field (including 
appropriate retail and wholesale prices), as established 
using data collected and maintained by the Secretary 
or from other sources. 
‘‘(ii) TIMING.—The development of the procedure 
shall be completed in a timely manner to allow the 
Corporation to begin offering the additional price elec-
tion for organic crops with sufficient data for the 2010 
crop year. 
‘‘(iii) 
EXPANSION.—The 
procedure 
shall 
be 
expanded as quickly as practicable as additional data 
on prices of organic crops collected by the Secretary 
and other sources of information becomes available,
H. R. 2419—464 
with a goal of applying this procedure to all organic 
crops not later than the fifth full crop year that begins 
after the date of enactment of Food, Conservation, 
and Energy Act of 2008. 
‘‘(D) REPORTING REQUIREMENTS.— 
‘‘(i) IN
GENERAL.—The Corporation shall submit 
to the Committee on Agriculture of the House of Rep-
resentatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate an annual report 
on progress made in developing and improving Federal 
crop insurance for organic crops, including— 
‘‘(I) the numbers and varieties of organic crops 
insured; 
‘‘(II) the development of new insurance 
approaches; and 
‘‘(III) the progress of implementing the initia-
tives required under this paragraph, including the 
rate at which additional price elections are adopted 
for organic crops. 
‘‘(ii) RECOMMENDATIONS.—The report shall include 
such recommendations as the Corporation considers 
appropriate to improve Federal crop insurance cov-
erage for organic crops. 
‘‘(11) ENERGY CROP INSURANCE POLICY.— 
‘‘(A) DEFINITION OF DEDICATED ENERGY CROP.—In this 
subsection, the term ‘dedicated energy crop’ means an 
annual or perennial crop that— 
‘‘(i) is grown expressly for the purpose of producing 
a feedstock for renewable biofuel, renewable electricity, 
or biobased products; and 
‘‘(ii) is not typically used for food, feed, or fiber. 
‘‘(B) AUTHORITY.—The Corporation shall offer to enter 
into 1 or more contracts with qualified entities to carry 
out research and development regarding a policy to insure 
dedicated energy crops. 
‘‘(C) RESEARCH
AND
DEVELOPMENT.—Research and 
development described in subparagraph (B) shall evaluate 
the effectiveness of risk management tools for the produc-
tion of dedicated energy crops, including policies and plans 
of insurance that— 
‘‘(i) are based on market prices and yields; 
‘‘(ii) to the extent that insufficient data exist to 
develop a policy based on market prices and yields, 
evaluate the policies and plans of insurance based 
on the use of weather or rainfall indices to protect 
the interests of crop producers; and 
‘‘(iii) provide protection for production or revenue 
losses, or both. 
‘‘(12) AQUACULTURE INSURANCE POLICY.— 
‘‘(A) DEFINITION OF AQUACULTURE.—In this subsection: 
‘‘(i) IN GENERAL.—The term ‘aquaculture’ means 
the propagation and rearing of aquatic species in con-
trolled or selected environments, including shellfish 
cultivation on grants or leased bottom and ocean 
ranching. 
‘‘(ii) EXCLUSION.—The term ‘aquaculture’ does not 
include the private ocean ranching of Pacific salmon
H. R. 2419—465 
for profit in any State in which private ocean ranching 
of Pacific salmon is prohibited by any law (including 
regulations). 
‘‘(B) AUTHORITY.— 
‘‘(i) IN GENERAL.—As soon as practicable after the 
date of enactment of the Food, Conservation, and 
Energy Act of 2008, the Corporation shall offer to 
enter into 3 or more contracts with qualified entities 
to carry out research and development regarding a 
policy to insure the production of aquacultural species 
in aquaculture operations. 
‘‘(ii) BIVALVE SPECIES.—At least 1 of the contracts 
described in clause (i) shall address insurance of 
bivalve species, including— 
‘‘(I) American oysters (crassostrea virginica); 
‘‘(II) hard clams (mercenaria mercenaria); 
‘‘(III) Pacific oysters (crassostrea gigas); 
‘‘(IV) Manila clams (tapes phillipinnarium); or 
‘‘(V) blue mussels (mytilus edulis). 
‘‘(iii) FRESHWATER SPECIES.—At least 1 of the con-
tracts described in clause (i) shall address insurance 
of freshwater species, including— 
‘‘(I) catfish (icataluridae); 
‘‘(II) rainbow trout (oncorhynchus mykiss); 
‘‘(III) 
largemouth 
bass 
(micropterus 
salmoides); 
‘‘(IV) striped bass (morone saxatilis); 
‘‘(V) bream (abramis brama); 
‘‘(VI) shrimp (penaeus); or 
‘‘(VII) tilapia (oreochromis niloticus). 
‘‘(iv) SALTWATER SPECIES.—At least 1 of the con-
tracts described in clause (i) shall address insurance 
of saltwater species, including— 
‘‘(I) Atlantic salmon (salmo salar); or 
‘‘(II) shrimp (penaeus). 
‘‘(C) RESEARCH
AND
DEVELOPMENT.—Research and 
development described in subparagraph (B) shall evaluate 
the effectiveness of policies and plans of insurance for 
the production of aquacultural species in aquaculture oper-
ations, including policies and plans of insurance that— 
‘‘(i) are based on market prices and yields; 
‘‘(ii) to the extent that insufficient data exist to 
develop a policy based on market prices and yields, 
evaluate how best to incorporate insuring of production 
of aquacultural species in aquaculture operations into 
existing policies covering adjusted gross revenue; and 
‘‘(iii) provide protection for production or revenue 
losses, or both. 
‘‘(13) POULTRY INSURANCE POLICY.— 
‘‘(A) DEFINITION OF POULTRY.—In this paragraph, the 
term ‘poultry’ has the meaning given the term in section 
2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 
182(a)). 
‘‘(B) AUTHORITY.—The Corporation shall offer to enter 
into 1 or more contracts with qualified entities to carry 
out research and development regarding a policy to insure 
commercial poultry production.
H. R. 2419—466 
‘‘(C) RESEARCH
AND
DEVELOPMENT.—Research and 
development described in subparagraph (B) shall evaluate 
the effectiveness of risk management tools for the produc-
tion of poultry, including policies and plans of insurance 
that provide protection for production or revenue losses, 
or both, while the poultry is in production. 
‘‘(14) APIARY POLICIES.—The Corporation shall offer to enter 
into a contract with a qualified entity to carry out research 
and development regarding insurance policies that cover loss 
of bees. 
‘‘(15) ADJUSTED GROSS REVENUE POLICIES FOR BEGINNING 
PRODUCERS.—The Corporation shall offer to enter into a con-
tract with a qualified entity to carry out research and develop-
ment into needed modifications of adjusted gross revenue insur-
ance policies, consistent with principles of actuarial sufficiency, 
to permit coverage for beginning producers with no previous 
production history, including permitting those producers to 
have production and premium rates based on information with 
similar farming operations. 
‘‘(16) SKIPROW CROPPING PRACTICES.— 
‘‘(A) IN GENERAL.—The Corporation shall offer to enter 
into a contract with a qualified entity to carry out research 
into needed modifications of policies to insure corn and 
sorghum produced in the Central Great Plains (as deter-
mined by the Agricultural Research Service) through use 
of skiprow cropping practices. 
‘‘(B) RESEARCH.—Research described in subparagraph 
(A) shall— 
‘‘(i) review existing research on skiprow cropping 
practices and actual production history of producers 
using skiprow cropping practices; and 
‘‘(ii) evaluate the effectiveness of risk management 
tools for producers using skiprow cropping practices, 
including— 
‘‘(I) the appropriateness of rules in existence 
as of the date of enactment of this paragraph 
relating to the determination of acreage planted 
in skiprow patterns; and 
‘‘(II) whether policies for crops produced 
through skiprow cropping practices reflect actual 
production capabilities.’’. 
SEC. 12024. FUNDING FROM INSURANCE FUND. 
Section 522(e) of the Federal Crop Insurance Act (7 U.S.C. 
1522(e)) is amended— 
(1) in paragraph (1), by striking ‘‘$10,000,000’’ and all 
that follows through the end of the paragraph and inserting 
‘‘$7,500,000 for fiscal year 2008 and each subsequent fiscal 
year’’; 
(2) in paragraph (2)(A), by striking ‘‘$20,000,000 for’’ and 
all that follows through ‘‘year 2004’’ and inserting ‘‘$12,500,000 
for fiscal year 2008’’; and 
(3) in paragraph (3), by striking ‘‘the Corporation may 
use’’ and all that follows through the end of the paragraph 
and inserting ‘‘the Corporation may use— 
‘‘(A) not more than $5,000,000 for each fiscal year 
to improve program integrity, including by—
H. R. 2419—467 
‘‘(i) increasing compliance-related training; 
‘‘(ii) improving analysis tools and technology 
regarding compliance; 
‘‘(iii) use of information technology, as determined 
by the Corporation; and 
‘‘(iv) identifying and using innovative compliance 
strategies; and 
‘‘(B) any excess amounts to carry out other activities 
authorized under this section.’’. 
SEC. 12025. PILOT PROGRAMS. 
(a) IN GENERAL.—Section 523 of the Federal Crop Insurance 
Act (7 U.S.C. 1523) is amended by adding at the end the following: 
‘‘(f) CAMELINA PILOT PROGRAM.— 
‘‘(1) IN GENERAL.—The Corporation shall establish a pilot 
program under which producers or processors of camelina may 
propose for approval by the Board policies or plans of insurance 
for camelina, in accordance with section 508(h). 
‘‘(2) DETERMINATION BY BOARD.—The Board shall approve 
a policy or plan of insurance proposed under paragraph (1) 
if, as determined by the Board, the policy or plan of insurance— 
‘‘(A) protects the interests of producers; 
‘‘(B) is actuarially sound; and 
‘‘(C) meets the requirements of this title. 
‘‘(3) TIMEFRAME.—The Corporation shall commence the 
camelina insurance pilot program as soon as practicable after 
the date of enactment of this subsection. 
‘‘(g) SESAME INSURANCE PILOT PROGRAM.— 
‘‘(1) IN GENERAL.—In addition to any other authority of 
the Corporation, the Corporation shall establish and carry out 
a pilot program under which a producer of nondehiscent sesame 
under contract may elect to obtain multiperil crop insurance, 
as determined by the Corporation. 
‘‘(2) TERMS AND CONDITIONS.—The multiperil crop insur-
ance offered under the sesame insurance pilot program shall— 
‘‘(A) be offered through reinsurance arrangements with 
private insurance companies; 
‘‘(B) be actuarially sound; and 
‘‘(C) require the payment of premiums and administra-
tive fees by a producer obtaining the insurance. 
‘‘(3) LOCATION.—The sesame insurance pilot program shall 
be carried out only in the State of Texas. 
‘‘(4) DURATION.—The Corporation shall commence the 
sesame insurance pilot program as soon as practicable after 
the date of the enactment of this subsection. 
‘‘(h) GRASS SEED INSURANCE PILOT PROGRAM.— 
‘‘(1) IN GENERAL.—In addition to any other authority of 
the Corporation, the Corporation shall establish and carry out 
a grass seed pilot program under which a producer of Kentucky 
bluegrass or perennial rye grass under contract may elect to 
obtain multiperil crop insurance, as determined by the Corpora-
tion. 
‘‘(2) TERMS AND CONDITIONS.—The multiperil crop insur-
ance offered under the grass seed insurance pilot program 
shall— 
‘‘(A) be offered through reinsurance arrangements with 
private insurance companies;
H. R. 2419—468 
‘‘(B) be actuarially sound; and 
‘‘(C) require the payment of premiums and administra-
tive fees by a producer obtaining the insurance. 
‘‘(3) LOCATION.—The grass seed insurance pilot program 
shall be carried out only in each of the States of Minnesota 
and North Dakota. 
‘‘(4) DURATION.—The Corporation shall commence the grass 
seed insurance pilot program as soon as practicable after the 
date of the enactment of this subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 196(a)(2)(B) of the Fed-
eral Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
7333(a)(2)(B)) is amended by adding ‘‘camelina,’’ after ‘‘sea oats,’’. 
SEC. 
12026. 
RISK 
MANAGEMENT 
EDUCATION 
FOR 
BEGINNING 
FARMERS OR RANCHERS. 
Section 524(a) of the Federal Crop Insurance Act (7 U.S.C. 
1524(a)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraph (4)’’ and 
inserting ‘‘paragraph (5)’’; 
(2) by redesignating paragraph (4) as paragraph (5); and 
(3) by inserting after paragraph (3) the following: 
‘‘(4) REQUIREMENTS.—In carrying out the programs estab-
lished under paragraphs (2) and (3), the Secretary shall place 
special emphasis on risk management strategies, education, 
and outreach specifically targeted at— 
‘‘(A) beginning farmers or ranchers; 
‘‘(B) legal immigrant farmers or ranchers that are 
attempting to become established producers in the United 
States; 
‘‘(C) socially disadvantaged farmers or ranchers; 
‘‘(D) farmers or ranchers that— 
‘‘(i) are preparing to retire; and 
‘‘(ii) are using transition strategies to help new 
farmers or ranchers get started; and 
‘‘(E) new or established farmers or ranchers that are 
converting production and marketing systems to pursue 
new markets.’’. 
SEC. 12027. COVERAGE FOR AQUACULTURE UNDER NONINSURED 
CROP ASSISTANCE PROGRAM. 
Section 196(c)(2) of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7333(c)(2)) is amended— 
(1) by striking ‘‘On making’’ and inserting the following: 
‘‘(A) IN GENERAL.—On making’’; and 
(2) by adding at the end the following: 
‘‘(B) AQUACULTURE PRODUCERS.—On making a deter-
mination described in subsection (a)(3) for aquaculture pro-
ducers, the Secretary shall provide assistance under this 
section to aquaculture producers from all losses related 
to drought.’’. 
SEC. 12028. INCREASE IN SERVICE FEES FOR NONINSURED CROP 
ASSISTANCE PROGRAM. 
Section 196(k)(1) of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7333(k)(1)) is amended— 
(1) in subparagraph (A), by striking ‘‘$100’’ and inserting 
‘‘$250’’; and 
(2) in subparagraph (B)—
H. R. 2419—469 
(A) by striking ‘‘$300’’ and inserting ‘‘$750’’; and 
(B) by striking ‘‘$900’’ and inserting ‘‘$1,875’’. 
SEC. 12029. DETERMINATION OF CERTAIN SWEET POTATO PRODUC-
TION. 
Section 9001(d) of the U.S. Troop Readiness, Veterans’ Care, 
Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 
(Public Law 110–28; 121 Stat. 211) is amended— 
(1) by redesignating paragraph (8) as paragraph (9); and 
(2) by inserting after paragraph (7) the following: 
‘‘(8) SWEET POTATOES.— 
‘‘(A) DATA.—In the case of sweet potatoes, any data 
obtained under a pilot program carried out by the Risk 
Management Agency shall not be considered for the pur-
pose of determining the quantity of production under the 
crop disaster assistance program established under this 
section. 
‘‘(B) EXTENSION
OF
DEADLINE.—If this paragraph is 
not implemented before the sign-up deadline for the crop 
disaster assistance program established under this section, 
the Secretary shall extend the deadline for producers of 
sweet potatoes to permit sign-up for the program in accord-
ance with this paragraph.’’. 
SEC. 12030. DECLINING YIELD REPORT. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary shall submit to the Committee on Agriculture 
of the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report containing details 
about activities and administrative options of the Federal Crop 
Insurance Corporation and Risk Management Agency that address 
issues relating to— 
(1) declining yields on the actual production histories of 
producers; and 
(2) declining and variable yields for perennial crops, 
including pecans. 
SEC. 12031. DEFINITION OF BASIC UNIT. 
The Secretary shall not modify the definition of ‘‘basic unit’’ 
in accordance with the proposed regulations entitled ‘‘Common Crop 
Insurance Regulations’’ (72 Fed. Reg. 28895; relating to common 
crop insurance regulations) or any successor regulation. 
SEC. 12032. CROP INSURANCE MEDIATION. 
Section 275 of the Department of Agriculture Reorganization 
Act of 1994 (7 U.S.C. 6995) is amended— 
(1) by striking ‘‘If an officer’’ and inserting the following: 
‘‘(a) IN GENERAL.—If an officer’’; 
(2) by striking ‘‘With respect to’’ and inserting the following: 
‘‘(b) FARM SERVICE AGENCY.—With respect to’’; 
(3) by striking ‘‘If a mediation’’; and inserting the following: 
‘‘(c) MEDIATION.—If a mediation’’; and 
(4) in subsection (c) (as so designated)— 
(A) by striking ‘‘participant shall be offered’’ and 
inserting ‘‘participant shall— 
‘‘(1) be offered’’; and 
(B) by striking the period at the end and inserting 
the following: ‘‘; and
H. R. 2419—470 
‘‘(2) to the maximum extent practicable, be allowed to use 
both informal agency review and mediation to resolve disputes 
under that title.’’. 
SEC. 12033. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE. 
(a) IN GENERAL.—The Federal Crop Insurance Act (7 U.S.C. 
1501 et seq.) is amended by adding at the end the following: 
‘‘Subtitle B—Supplemental Agricultural 
Disaster Assistance 
‘‘SEC. 531. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ACTUAL PRODUCTION HISTORY YIELD.—The term ‘actual 
production history yield’ means the weighted average of the 
actual production history for each insurable commodity or non-
insurable commodity, as calculated under subtitle A or the 
noninsured crop disaster assistance program, respectively. 
‘‘(2) ADJUSTED ACTUAL PRODUCTION HISTORY YIELD.—The 
term ‘adjusted actual production history yield’ means— 
‘‘(A) in the case of an eligible producer on a farm 
that has at least 4 years of actual production history yields 
for an insurable commodity that are established other than 
pursuant to section 508(g)(4)(B), the actual production his-
tory for the eligible producer without regard to any yields 
established under that section; 
‘‘(B) in the case of an eligible producer on a farm 
that has less than 4 years of actual production history 
yields for an insurable commodity, of which 1 or more 
were established pursuant to section 508(g)(4)(B), the 
actual production history for the eligible producer as cal-
culated without including the lowest of the yields estab-
lished pursuant to section 508(g)(4)(B); and 
‘‘(C) in all other cases, the actual production history 
of the eligible producer on a farm. 
‘‘(3) ADJUSTED NONINSURED CROP DISASTER ASSISTANCE PRO-
GRAM
YIELD.—The term ‘adjusted noninsured crop disaster 
assistance program yield’ means— 
‘‘(A) in the case of an eligible producer on a farm 
that has at least 4 years of production history under the 
noninsured crop disaster assistance program that are not 
replacement yields, the noninsured crop disaster assistance 
program yield without regard to any replacement yields; 
‘‘(B) in the case of an eligible producer on a farm 
that less than 4 years of production history under the 
noninsured crop disaster assistance program that are not 
replacement yields, the noninsured crop disaster assistance 
program yield as calculated without including the lowest 
of the replacement yields; and 
‘‘(C) in all other cases, the production history of the 
eligible producer on the farm under the noninsured crop 
disaster assistance program. 
‘‘(4) COUNTER-CYCLICAL
PROGRAM
PAYMENT
YIELD.—The 
term ‘counter-cyclical program payment yield’ means the 
weighted average payment yield established under section 1102 
of the Farm Security and Rural Investment Act of 2002 (7
H. R. 2419—471 
U.S.C. 7912), section 1102 of the Food, Conservation, and 
Energy Act of 2008, or a successor section. 
‘‘(5) DISASTER COUNTY.— 
‘‘(A) IN GENERAL.—The term ‘disaster county’ means 
a county included in the geographic area covered by a 
qualifying natural disaster declaration. 
‘‘(B) INCLUSION.—The term ‘disaster county’ includes— 
‘‘(i) a county contiguous to a county described in 
subparagraph (A); and 
‘‘(ii) any farm in which, during a calendar year, 
the total loss of production of the farm relating to 
weather is greater than 50 percent of the normal 
production of the farm, as determined by the Secretary. 
‘‘(6) ELIGIBLE PRODUCER ON A FARM.— 
‘‘(A) IN GENERAL.—The term ‘eligible producer on a 
farm’ means an individual or entity described in subpara-
graph (B) that, as determined by the Secretary, assumes 
the production and market risks associated with the agri-
cultural production of crops or livestock. 
‘‘(B) DESCRIPTION.—An individual or entity referred 
to in subparagraph (A) is— 
‘‘(i) a citizen of the United States; 
‘‘(ii) a resident alien; 
‘‘(iii) a partnership of citizens of the United States; 
or 
‘‘(iv) a corporation, limited liability corporation, or 
other farm organizational structure organized under 
State law. 
‘‘(7) FARM.— 
‘‘(A) IN GENERAL.—The term ‘farm’ means, in relation 
to an eligible producer on a farm, the sum of all crop 
acreage in all counties that is planted or intended to be 
planted for harvest by the eligible producer. 
‘‘(B) AQUACULTURE.—In the case of aquaculture, the 
term ‘farm’ means, in relation to an eligible producer on 
a farm, all fish being produced in all counties that are 
intended to be harvested for sale by the eligible producer. 
‘‘(C) HONEY.—In the case of honey, the term ‘farm’ 
means, in relation to an eligible producer on a farm, all 
bees and beehives in all counties that are intended to 
be harvested for a honey crop by the eligible producer. 
‘‘(8) FARM-RAISED FISH.—The term ‘farm-raised fish’ means 
any aquatic species that is propagated and reared in a con-
trolled environment. 
‘‘(9) INSURABLE
COMMODITY.—The term ‘insurable com-
modity’ means an agricultural commodity (excluding livestock) 
for which the producer on a farm is eligible to obtain a policy 
or plan of insurance under subtitle A. 
‘‘(10) LIVESTOCK.—The term ‘livestock’ includes— 
‘‘(A) cattle (including dairy cattle); 
‘‘(B) bison; 
‘‘(C) poultry; 
‘‘(D) sheep; 
‘‘(E) swine; 
‘‘(F) horses; and 
‘‘(G) other livestock, as determined by the Secretary.
H. R. 2419—472 
‘‘(11) NONINSURABLE COMMODITY.—The term ‘noninsurable 
commodity’ means a crop for which the eligible producers on 
a farm are eligible to obtain assistance under the noninsured 
crop assistance program. 
‘‘(12) NONINSURED CROP ASSISTANCE PROGRAM.—The term 
‘noninsured crop assistance program’ means the program car-
ried out under section 196 of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7333). 
‘‘(13) QUALIFYING NATURAL DISASTER DECLARATION.—The 
term ‘qualifying natural disaster declaration’ means a natural 
disaster declared by the Secretary for production losses under 
section 321(a) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1961(a)). 
‘‘(14) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Agriculture. 
‘‘(15) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—The 
term ‘socially disadvantaged farmer or rancher’ has the 
meaning given the term in section 2501(e) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)). 
‘‘(16) STATE.—The term ‘State’ means— 
‘‘(A) a State; 
‘‘(B) the District of Columbia; 
‘‘(C) the Commonwealth of Puerto Rico; and 
‘‘(D) any other territory or possession of the United 
States. 
‘‘(17) TRUST FUND.—The term ‘Trust Fund’ means the Agri-
cultural Disaster Relief Trust Fund established under section 
902 of the Trade Act of 1974. 
‘‘(18) UNITED STATES.—The term ‘United States’ when used 
in a geographical sense, means all of the States. 
‘‘(b) SUPPLEMENTAL REVENUE ASSISTANCE PAYMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall use such sums as 
are necessary from the Trust Fund to make crop disaster assist-
ance payments to eligible producers on farms in disaster coun-
ties that have incurred crop production losses or crop quality 
losses, or both, during the crop year. 
‘‘(2) AMOUNT.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
Secretary shall provide crop disaster assistance payments 
under this section to an eligible producer on a farm in 
an amount equal to 60 percent of the difference between— 
‘‘(i) the disaster assistance program guarantee, as 
described in paragraph (3); and 
‘‘(ii) the total farm revenue for a farm, as described 
in paragraph (4). 
‘‘(B) LIMITATION.—The disaster assistance program 
guarantee for a crop used to calculate the payments for 
a farm under subparagraph (A)(i) may not be greater than 
90 percent of the sum of the expected revenue, as described 
in paragraph (5) for each of the crops on a farm, as deter-
mined by the Secretary. 
‘‘(3) SUPPLEMENTAL REVENUE ASSISTANCE PROGRAM GUAR-
ANTEE.— 
‘‘(A) IN
GENERAL.—Except as otherwise provided in 
this paragraph, the supplemental assistance program guar-
antee shall be the sum obtained by adding—
H. R. 2419—473 
‘‘(i) for each insurable commodity on the farm, 
115 percent of the product obtained by multiplying— 
‘‘(I) a payment rate for the commodity that 
is equal to the price election for the commodity 
elected by the eligible producer; 
‘‘(II) the payment acres for the commodity that 
is equal to the number of acres planted, or pre-
vented from being planted, to the commodity; 
‘‘(III) the payment yield for the commodity 
that is equal to the percentage of the crop insur-
ance yield elected by the producer of the higher 
of— 
‘‘(aa) the adjusted actual production his-
tory yield; or 
‘‘(bb) the counter-cyclical program pay-
ment yield for each crop; and 
‘‘(ii) for each noninsurable commodity on a farm, 
120 percent of the product obtained by multiplying— 
‘‘(I) a payment rate for the commodity that 
is equal to 100 percent of the noninsured crop 
assistance program established price for the com-
modity; 
‘‘(II) the payment acres for the commodity that 
is equal to the number of acres planted, or pre-
vented from being planted, to the commodity; and 
‘‘(III) the payment yield for the commodity 
that is equal to the higher of— 
‘‘(aa) the adjusted noninsured crop assist-
ance program yield guarantee; or 
‘‘(bb) the counter-cyclical program pay-
ment yield for each crop. 
‘‘(B) ADJUSTMENT
INSURANCE
GUARANTEE.—Notwith-
standing subparagraph (A), in the case of an insurable 
commodity for which a plan of insurance provides for an 
adjustment in the guarantee, such as in the case of pre-
vented planting, the adjusted insurance guarantee shall 
be the basis for determining the disaster assistance pro-
gram guarantee for the insurable commodity. 
‘‘(C) ADJUSTED
ASSISTANCE
LEVEL.—Notwithstanding 
subparagraph (A), in the case of a noninsurable commodity 
for which the noninsured crop assistance program provides 
for an adjustment in the level of assistance, such as in 
the case of unharvested crops, the adjusted assistance level 
shall be the basis for determining the disaster assistance 
program guarantee for the noninsurable commodity. 
‘‘(D) EQUITABLE TREATMENT FOR NON-YIELD BASED POLI-
CIES.—The Secretary shall establish equitable treatment 
for non-yield based policies and plans of insurance, such 
as the Adjusted Gross Revenue Lite insurance program. 
‘‘(4) FARM REVENUE.— 
‘‘(A) IN GENERAL.—For purposes of this subsection, the 
total farm revenue for a farm, shall equal the sum obtained 
by adding— 
‘‘(i) the estimated actual value for each crop pro-
duced on a farm by using the product obtained by 
multiplying—
H. R. 2419—474 
‘‘(I) the actual crop acreage harvested by an 
eligible producer on a farm; 
‘‘(II) the estimated actual yield of the crop 
production; and 
‘‘(III) subject to subparagraphs (B) and (C), 
to the extent practicable, the national average 
market price received for the marketing year, as 
determined by the Secretary; 
‘‘(ii) 15 percent of amount of any direct payments 
made to the producer under sections 1103 and 1303 
of the Food, Conservation, and Energy Act of 2008 
or successor sections; 
‘‘(iii) the total amount of any counter-cyclical pay-
ments made to the producer under sections 1104 and 
1304 of the Food, Conservation, and Energy Act of 
2008 or successor sections or of any average crop rev-
enue election payments made to the producer under 
section 1105 of that Act; 
‘‘(iv) the total amount of any loan deficiency pay-
ments, marketing loan gains, and marketing certificate 
gains made to the producer under subtitles B and 
C of the Food, Conservation, and Energy Act of 2008 
or successor subtitles; 
‘‘(v) the amount of payments for prevented planting 
on a farm; 
‘‘(vi) the amount of crop insurance indemnities 
received by an eligible producer on a farm for each 
crop on a farm; 
‘‘(vii) the amount of payments an eligible producer 
on a farm received under the noninsured crop assist-
ance program for each crop on a farm; and 
‘‘(viii) the value of any other natural disaster 
assistance payments provided by the Federal Govern-
ment to an eligible producer on a farm for each crop 
on a farm for the same loss for which the eligible 
producer is seeking assistance. 
‘‘(B) ADJUSTMENT.—The Secretary shall adjust the 
average market price received by the eligible producer on 
a farm— 
‘‘(i) to reflect the average quality discounts applied 
to the local or regional market price of a crop or 
mechanically harvested forage due to a reduction in 
the intrinsic characteristics of the production resulting 
from adverse weather, as determined annually by the 
State office of the Farm Service Agency; and 
‘‘(ii) to account for a crop the value of which is 
reduced due to excess moisture resulting from a dis-
aster-related condition. 
‘‘(C) MAXIMUM
AMOUNT
FOR
CERTAIN
CROPS.—With 
respect to a crop for which an eligible producer on a farm 
receives assistance under the noninsured crop assistance 
program, the national average market price received during 
the marketing year shall be an amount not more than 
100 percent of the price of the crop established under 
the noninsured crop assistance program. 
‘‘(5) EXPECTED REVENUE.—The expected revenue for each 
crop on a farm shall equal the sum obtained by adding—
H. R. 2419—475 
‘‘(A) the product obtained by multiplying— 
‘‘(i) the greatest of— 
‘‘(I) the adjusted actual production history 
yield of the eligible producer on a farm; and 
‘‘(II) the counter-cyclical program payment 
yield; 
‘‘(ii) the acreage planted or prevented from being 
planted for each crop; and 
‘‘(iii) 100 percent of the insurance price guarantee; 
and 
‘‘(B) the product obtained by multiplying— 
‘‘(i) 100 percent of the adjusted noninsured crop 
assistance program yield; and 
‘‘(ii) 100 percent of the noninsured crop assistance 
program price for each of the crops on a farm. 
‘‘(c) LIVESTOCK INDEMNITY PAYMENTS.— 
‘‘(1) PAYMENTS.—The Secretary shall use such sums as 
are necessary from the Trust Fund to make livestock indemnity 
payments to eligible producers on farms that have incurred 
livestock death losses in excess of the normal mortality due 
to adverse weather, as determined by the Secretary, during 
the calendar year, including losses due to hurricanes, floods, 
blizzards, disease, wildfires, extreme heat, and extreme cold. 
‘‘(2) PAYMENT RATES.—Indemnity payments to an eligible 
producer on a farm under paragraph (1) shall be made at 
a rate of 75 percent of the market value of the applicable 
livestock on the day before the date of death of the livestock, 
as determined by the Secretary. 
‘‘(d) LIVESTOCK FORAGE DISASTER PROGRAM.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED LIVESTOCK.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the term ‘covered livestock’ means livestock of an 
eligible livestock producer that, during the 60 days 
prior to the beginning date of a qualifying drought 
or fire condition, as determined by the Secretary, the 
eligible livestock producer— 
‘‘(I) owned; 
‘‘(II) leased; 
‘‘(III) purchased; 
‘‘(IV) entered into a contract to purchase; 
‘‘(V) is a contract grower; or 
‘‘(VI) sold or otherwise disposed of due to quali-
fying drought conditions during— 
‘‘(aa) the current production year; or 
‘‘(bb) subject to paragraph (3)(B)(ii), 1 or 
both of the 2 production years immediately 
preceding the current production year. 
‘‘(ii) EXCLUSION.—The term ‘covered livestock’ does 
not include livestock that were or would have been 
in a feedlot, on the beginning date of the qualifying 
drought or fire condition, as a part of the normal 
business operation of the eligible livestock producer, 
as determined by the Secretary. 
‘‘(B) DROUGHT MONITOR.—The term ‘drought monitor’ 
means a system for classifying drought severity according
H. R. 2419—476 
to a range of abnormally dry to exceptional drought, as 
defined by the Secretary. 
‘‘(C) ELIGIBLE LIVESTOCK PRODUCER.— 
‘‘(i) IN GENERAL.—The term ‘eligible livestock pro-
ducer’ means an eligible producer on a farm that— 
‘‘(I) is an owner, cash or share lessee, or con-
tract grower of covered livestock that provides the 
pastureland or grazing land, including cash-leased 
pastureland or grazing land, for the livestock; 
‘‘(II) provides the pastureland or grazing land 
for 
covered 
livestock, 
including 
cash-leased 
pastureland or grazing land that is physically 
located in a county affected by drought; 
‘‘(III) certifies grazing loss; and 
‘‘(IV) meets all other eligibility requirements 
established under this subsection. 
‘‘(ii) EXCLUSION.—The term ‘eligible livestock pro-
ducer’ does not include an owner, cash or share lessee, 
or contract grower of livestock that rents or leases 
pastureland or grazing land owned by another person 
on a rate-of-gain basis. 
‘‘(D) NORMAL CARRYING CAPACITY.—The term ‘normal 
carrying capacity’, with respect to each type of grazing 
land or pastureland in a county, means the normal carrying 
capacity, as determined under paragraph (3)(D)(i), that 
would be expected from the grazing land or pastureland 
for livestock during the normal grazing period, in the 
absence of a drought or fire that diminishes the production 
of the grazing land or pastureland. 
‘‘(E) NORMAL
GRAZING
PERIOD.—The term ‘normal 
grazing period’, with respect to a county, means the normal 
grazing period during the calendar year for the county, 
as determined under paragraph (3)(D)(i). 
‘‘(2) PROGRAM.—The Secretary shall use such sums as are 
necessary from the Trust Fund to provide compensation for 
losses to eligible livestock producers due to grazing losses for 
covered livestock due to— 
‘‘(A) a drought condition, as described in paragraph 
(3); or 
‘‘(B) fire, as described in paragraph (4). 
‘‘(3) ASSISTANCE
FOR
LOSSES
DUE
TO
DROUGHT
CONDI-
TIONS.— 
‘‘(A) ELIGIBLE LOSSES.— 
‘‘(i) IN GENERAL.—An eligible livestock producer 
may receive assistance under this subsection only for 
grazing losses for covered livestock that occur on land 
that— 
‘‘(I) is native or improved pastureland with 
permanent vegetative cover; or 
‘‘(II) is planted to a crop planted specifically 
for the purpose of providing grazing for covered 
livestock. 
‘‘(ii) EXCLUSIONS.—An eligible livestock producer 
may not receive assistance under this subsection for 
grazing losses that occur on land used for haying or 
grazing under the conservation reserve program estab-
lished under subchapter B of chapter 1 of subtitle
H. R. 2419—477 
D of title XII of the Food Security Act of 1985 (16 
U.S.C. 3831 et seq.). 
‘‘(B) MONTHLY PAYMENT RATE.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the payment rate for assistance under this para-
graph for 1 month shall, in the case of drought, be 
equal to 60 percent of the lesser of— 
‘‘(I) the monthly feed cost for all covered live-
stock owned or leased by the eligible livestock 
producer, as determined under subparagraph (C); 
or 
‘‘(II) the monthly feed cost calculated by using 
the normal carrying capacity of the eligible grazing 
land of the eligible livestock producer. 
‘‘(ii) PARTIAL COMPENSATION.—In the case of an 
eligible livestock producer that sold or otherwise dis-
posed of covered livestock due to drought conditions 
in 1 or both of the 2 production years immediately 
preceding the current production year, as determined 
by the Secretary, the payment rate shall be 80 percent 
of the payment rate otherwise calculated in accordance 
with clause (i). 
‘‘(C) MONTHLY FEED COST.— 
‘‘(i) IN
GENERAL.—The monthly feed cost shall 
equal the product obtained by multiplying— 
‘‘(I) 30 days; 
‘‘(II) a payment quantity that is equal to the 
feed grain equivalent, as determined under clause 
(ii); and 
‘‘(III) a payment rate that is equal to the corn 
price per pound, as determined under clause (iii). 
‘‘(ii) FEED
GRAIN
EQUIVALENT.—For purposes of 
clause (i)(I), the feed grain equivalent shall equal— 
‘‘(I) in the case of an adult beef cow, 15.7 
pounds of corn per day; or 
‘‘(II) in the case of any other type of weight 
of livestock, an amount determined by the Sec-
retary that represents the average number of 
pounds of corn per day necessary to feed the live-
stock. 
‘‘(iii) CORN
PRICE
PER
POUND.—For purposes of 
clause (i)(II), the corn price per pound shall equal 
the quotient obtained by dividing— 
‘‘(I) the higher of— 
‘‘(aa) the national average corn price per 
bushel for the 12-month period immediately 
preceding March 1 of the year for which the 
disaster assistance is calculated; or 
‘‘(bb) the national average corn price per 
bushel for the 24-month period immediately 
preceding that March 1; by 
‘‘(II) 56. 
‘‘(D) NORMAL GRAZING PERIOD AND DROUGHT MONITOR 
INTENSITY.— 
‘‘(i) FSA COUNTY COMMITTEE DETERMINATIONS.— 
‘‘(I) IN GENERAL.—The Secretary shall deter-
mine the normal carrying capacity and normal
H. R. 2419—478 
grazing period for each type of grazing land or 
pastureland in the county served by the applicable 
committee. 
‘‘(II) CHANGES.—No change to the normal car-
rying capacity or normal grazing period established 
for a county under subclause (I) shall be made 
unless the change is requested by the appropriate 
State and county Farm Service Agency committees. 
‘‘(ii) DROUGHT INTENSITY.— 
‘‘(I) D2.—An eligible livestock producer that 
owns or leases grazing land or pastureland that 
is physically located in a county that is rated by 
the U.S. Drought Monitor as having a D2 (severe 
drought) intensity in any area of the county for 
at least 8 consecutive weeks during the normal 
grazing period for the county, as determined by 
the Secretary, shall be eligible to receive assistance 
under this paragraph in an amount equal to 1 
monthly payment using the monthly payment rate 
determined under subparagraph (B). 
‘‘(II) D3.—An eligible livestock producer that 
owns or leases grazing land or pastureland that 
is physically located in a county that is rated by 
the U.S. Drought Monitor as having at least a 
D3 (extreme drought) intensity in any area of the 
county at any time during the normal grazing 
period for the county, as determined by the Sec-
retary, shall be eligible to receive assistance under 
this paragraph— 
‘‘(aa) in an amount equal to 2 monthly 
payments using the monthly payment rate 
determined under subparagraph (B); or 
‘‘(bb) if the county is rated as having a 
D3 (extreme drought) intensity in any area 
of the county for at least 4 weeks during the 
normal grazing period for the county, or is 
rated as having a D4 (exceptional drought) 
intensity in any area of the county at any 
time during the normal grazing period, in an 
amount equal to 3 monthly payments using 
the monthly payment rate determined under 
subparagraph (B). 
‘‘(4) ASSISTANCE FOR LOSSES DUE TO FIRE ON PUBLIC MAN-
AGED LAND.— 
‘‘(A) IN GENERAL.—An eligible livestock producer may 
receive assistance under this paragraph only if— 
‘‘(i) the grazing losses occur on rangeland that 
is managed by a Federal agency; and 
‘‘(ii) the eligible livestock producer is prohibited 
by the Federal agency from grazing the normal per-
mitted livestock on the managed rangeland due to 
a fire. 
‘‘(B) PAYMENT RATE.—The payment rate for assistance 
under this paragraph shall be equal to 50 percent of the 
monthly feed cost for the total number of livestock covered 
by the Federal lease of the eligible livestock producer, 
as determined under paragraph (3)(C).
H. R. 2419—479 
‘‘(C) PAYMENT DURATION.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), an eligible 
livestock producer shall be eligible to receive assistance 
under this paragraph for the period— 
‘‘(I) beginning on the date on which the Fed-
eral agency excludes the eligible livestock producer 
from using the managed rangeland for grazing; 
and 
‘‘(II) ending on the last day of the Federal 
lease of the eligible livestock producer. 
‘‘(ii) LIMITATION.—An eligible livestock producer 
may only receive assistance under this paragraph for 
losses that occur on not more than 180 days per year. 
‘‘(5) MINIMUM
RISK
MANAGEMENT
PURCHASE
REQUIRE-
MENTS.— 
‘‘(A) IN
GENERAL.—Except as otherwise provided in 
this paragraph, a livestock producer shall only be eligible 
for assistance under this subsection if the livestock pro-
ducer— 
‘‘(i) obtained a policy or plan of insurance under 
subtitle A for the grazing land incurring the losses 
for which assistance is being requested; or 
‘‘(ii) filed the required paperwork, and paid the 
administrative fee by the applicable State filing dead-
line, for the noninsured crop assistance program for 
the grazing land incurring the losses for which assist-
ance is being requested. 
‘‘(B) WAIVER FOR SOCIALLY DISADVANTAGED, LIMITED 
RESOURCE, OR
BEGINNING
FARMER
OR
RANCHER.—In the 
case of an eligible livestock producer that is a socially 
disadvantaged farmer or rancher or limited resource or 
beginning farmer or rancher, as determined by the Sec-
retary, the Secretary may— 
‘‘(i) waive subparagraph (A); and 
‘‘(ii) provide disaster assistance under this section 
at a level that the Secretary determines to be equitable 
and appropriate. 
‘‘(C) WAIVER FOR 2008 CALENDAR YEAR.—In the case 
of an eligible livestock producer that suffered losses on 
grazing land during the 2008 calendar year but does not 
meet the requirements of subparagraph (A), the Secretary 
shall waive subparagraph (A) if the eligible livestock pro-
ducer pays a fee in an amount equal to the applicable 
noninsured crop assistance program fee or catastrophic 
risk protection plan fee required under subparagraph (A) 
to the Secretary not later than 90 days after the date 
of enactment of this subtitle. 
‘‘(D) EQUITABLE RELIEF.— 
‘‘(i) IN GENERAL.—The Secretary may provide equi-
table relief to an eligible livestock producer that is 
otherwise ineligible or unintentionally fails to meet 
the requirements of subparagraph (A) for the grazing 
land incurring the loss on a case-by-case basis, as 
determined by the Secretary. 
‘‘(ii) 2008 CALENDAR
YEAR.—In the case of an 
eligible livestock producer that suffered losses on
H. R. 2419—480 
grazing land during the 2008 calendar year, the Sec-
retary shall take special consideration to provide equi-
table relief in cases in which the eligible livestock 
producer failed to meet the requirements of subpara-
graph (A) due to the enactment of this subtitle after 
the closing date of sales periods for crop insurance 
under subtitle A and the noninsured crop assistance 
program. 
‘‘(6) NO DUPLICATIVE PAYMENTS.— 
‘‘(A) IN GENERAL.—An eligible livestock producer may 
elect to receive assistance for grazing or pasture feed losses 
due to drought conditions under paragraph (3) or fire under 
paragraph (4), but not both for the same loss, as determined 
by the Secretary. 
‘‘(B) RELATIONSHIP TO SUPPLEMENTAL REVENUE ASSIST-
ANCE.—An eligible livestock producer that receives assist-
ance under this subsection may not also receive assistance 
for losses to crops on the same land with the same intended 
use under subsection (b). 
‘‘(e) EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES, AND 
FARM-RAISED FISH.— 
‘‘(1) 
IN
GENERAL.—The 
Secretary 
shall 
use 
up 
to 
$50,000,000 per year from the Trust Fund to provide emergency 
relief to eligible producers of livestock, honey bees, and farm- 
raised fish to aid in the reduction of losses due to disease, 
adverse weather, or other conditions, such as blizzards and 
wildfires, as determined by the Secretary, that are not covered 
under subsection (b), (c), or (d). 
‘‘(2) USE OF FUNDS.—Funds made available under this sub-
section shall be used to reduce losses caused by feed or water 
shortages, disease, or other factors as determined by the Sec-
retary. 
‘‘(3) AVAILABILITY OF FUNDS.—Any funds made available 
under this subsection shall remain available until expended. 
‘‘(f) TREE ASSISTANCE PROGRAM.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) 
ELIGIBLE
ORCHARDIST.—The 
term 
‘eligible 
orchardist’ means a person that produces annual crops 
from trees for commercial purposes. 
‘‘(B) NATURAL DISASTER.—The term ‘natural disaster’ 
means plant disease, insect infestation, drought, fire, 
freeze, flood, earthquake, lightning, or other occurrence, 
as determined by the Secretary. 
‘‘(C) NURSERY TREE GROWER.—The term ‘nursery tree 
grower’ means a person who produces nursery, ornamental, 
fruit, nut, or Christmas trees for commercial sale, as deter-
mined by the Secretary. 
‘‘(D) TREE.—The term ‘tree’ includes a tree, bush, and 
vine. 
‘‘(2) ELIGIBILITY.— 
‘‘(A) LOSS.—Subject to subparagraph (B), the Secretary 
shall provide assistance— 
‘‘(i) under paragraph (3) to eligible orchardists and 
nursery tree growers that planted trees for commercial 
purposes but lost the trees as a result of a natural 
disaster, as determined by the Secretary; and
H. R. 2419—481 
‘‘(ii) under paragraph (3)(B) to eligible orchardists 
and nursery tree growers that have a production his-
tory for commercial purposes on planted or existing 
trees but lost the trees as a result of a natural disaster, 
as determined by the Secretary. 
‘‘(B) LIMITATION.—An eligible orchardist or nursery 
tree grower shall qualify for assistance under subparagraph 
(A) only if the tree mortality of the eligible orchardist 
or nursery tree grower, as a result of damaging weather 
or related condition, exceeds 15 percent (adjusted for 
normal mortality). 
‘‘(3) ASSISTANCE.—Subject to paragraph (4), the assistance 
provided by the Secretary to eligible orchardists and nursery 
tree growers for losses described in paragraph (2) shall consist 
of— 
‘‘(A)(i) reimbursement of 70 percent of the cost of 
replanting trees lost due to a natural disaster, as deter-
mined by the Secretary, in excess of 15 percent mortality 
(adjusted for normal mortality); or 
‘‘(ii) at the option of the Secretary, sufficient seedlings 
to reestablish a stand; and 
‘‘(B) reimbursement of 50 percent of the cost of pruning, 
removal, and other costs incurred by an eligible orchardist 
or nursery tree grower to salvage existing trees or, in 
the case of tree mortality, to prepare the land to replant 
trees as a result of damage or tree mortality due to a 
natural disaster, as determined by the Secretary, in excess 
of 15 percent damage or mortality (adjusted for normal 
tree damage and mortality). 
‘‘(4) LIMITATIONS ON ASSISTANCE.— 
‘‘(A) DEFINITIONS OF LEGAL ENTITY AND PERSON.—In 
this paragraph, the terms ‘legal entity’ and ‘person’ have 
the meaning given those terms in section 1001(a) of the 
Food Security Act of 1985 (7 U.S.C. 1308(a) (as amended 
by section 1603 of the Food, Conservation, and Energy 
Act of 2008). 
‘‘(B) AMOUNT.—The total amount of payments received, 
directly or indirectly, by a person or legal entity (excluding 
a joint venture or general partnership) under this sub-
section may not exceed $100,000 for any crop year, or 
an equivalent value in tree seedlings. 
‘‘(C) ACRES.—The total quantity of acres planted to 
trees or tree seedlings for which a person or legal entity 
shall be entitled to receive payments under this subsection 
may not exceed 500 acres. 
‘‘(g) RISK MANAGEMENT PURCHASE REQUIREMENT.— 
‘‘(1) IN GENERAL.—Except as otherwise provided in this 
section, the eligible producers on a farm shall not be eligible 
for assistance under this section (other than subsection (c)) 
if the eligible producers on the farm— 
‘‘(A) in the case of each insurable commodity of the 
eligible producers on the farm, did not obtain a policy 
or plan of insurance under subtitle A (excluding a crop 
insurance pilot program under that subtitle); or 
‘‘(B) in the case of each noninsurable commodity of 
the eligible producers on the farm, did not file the required 
paperwork, and pay the administrative fee by the
H. R. 2419—482 
applicable State filing deadline, for the noninsured crop 
assistance program. 
‘‘(2) MINIMUM.—To be considered to have obtained insur-
ance under paragraph (1)(A), an eligible producer on a farm 
shall have obtained a policy or plan of insurance with not 
less than 50 percent yield coverage at 55 percent of the insur-
able price for each crop grazed, planted, or intended to be 
planted for harvest on a whole farm. 
‘‘(3) WAIVER
FOR
SOCIALLY
DISADVANTAGED, 
LIMITED 
RESOURCE, OR BEGINNING FARMER OR RANCHER.—With respect 
to eligible producers that are socially disadvantaged farmers 
or ranchers or limited resource or beginning farmers or 
ranchers, as determined by the Secretary, the Secretary may— 
‘‘(A) waive paragraph (1); and 
‘‘(B) provide disaster assistance under this section at 
a level that the Secretary determines to be equitable and 
appropriate. 
‘‘(4) WAIVER FOR 2008 CROP YEAR.—In the case of an eligible 
producer that suffered losses in an insurable commodity or 
noninsurable commodity during the 2008 crop year but does 
not meet the requirements of paragraph (1), the Secretary 
shall waive paragraph (1) if the eligible producer pays a fee 
in an amount equal to the applicable noninsured crop assistance 
program fee or catastrophic risk protection plan fee required 
under paragraph (1) to the Secretary not later than 90 days 
after the date of enactment of this subtitle. 
‘‘(5) EQUITABLE RELIEF.— 
‘‘(A) IN GENERAL.—The Secretary may provide equi-
table relief to eligible producers on a farm that are other-
wise ineligible or unintentionally fail to meet the require-
ments of paragraph (1) for 1 or more crops on a farm 
on a case-by-case basis, as determined by the Secretary. 
‘‘(B) 2008 CROP YEAR.—In the case of eligible producers 
on a farm that suffered losses in an insurable commodity 
or noninsurable commodity during the 2008 crop year, the 
Secretary shall take special consideration to provide equi-
table relief in cases in which the eligible producers failed 
to meet the requirements of paragraph (1) due to the 
enactment of this subtitle after the closing date of sales 
periods for crop insurance under subtitle A and the non-
insured crop assistance program. 
‘‘(h) PAYMENT LIMITATIONS.— 
‘‘(1) DEFINITIONS OF LEGAL ENTITY AND PERSON.—In this 
subsection, the terms ‘legal entity’ and ‘person’ have the 
meaning given those terms in section 1001(a) of the Food Secu-
rity Act of 1985 (7 U.S.C. 1308(a) (as amended by section 
1603 of the Food, Conservation, and Energy Act of 2008). 
‘‘(2) AMOUNT.—The total amount of disaster assistance pay-
ments received, directly or indirectly, by a person or legal 
entity (excluding a joint venture or general partnership) under 
this section (excluding payments received under subsection (f)) 
may not exceed $100,000 for any crop year. 
‘‘(3) AGI LIMITATION.—Section 1001D of the Food Security 
Act of 1985 (7 U.S.C. 1308–3a) or any successor provision 
shall apply with respect to assistance provided under this sec-
tion.
H. R. 2419—483 
‘‘(4) DIRECT ATTRIBUTION.—Subsections (e) and (f) of section 
1001 of the Food Security Act of 1985 (7 U.S.C. 1308) or 
any successor provisions relating to direct attribution shall 
apply with respect to assistance provided under this section. 
‘‘(i) PERIOD OF EFFECTIVENESS.—This section shall be effective 
only for losses that are incurred as the result of a disaster, adverse 
weather, or other environmental condition that occurs on or before 
September 30, 2011, as determined by the Secretary. 
‘‘(j) NO DUPLICATIVE PAYMENTS.—In implementing any other 
program which makes disaster assistance payments (except for 
indemnities made under subtitle A and section 196 of the Federal 
Agriculture Improvement and Reform Act of 1996), the Secretary 
shall prevent duplicative payments with respect to the same loss 
for which a person receives a payment under subsections (b), (c), 
(d), (e), or (f). 
‘‘(k) APPLICATION.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2) and notwith-
standing any provision of subtitle A, subtitle A shall not apply 
to this subtitle. 
‘‘(2) CROSS REFERENCES.—Paragraph (1) shall not apply 
to a specific reference in this subtitle to a provision of subtitle 
A.’’. 
(b) TRANSITION.—For purposes of the 2008 crop year, the Sec-
retary shall carry out subsections (f)(4) and (h) of section 531 
of the Federal Crop Insurance Act (as added by subsection (a)) 
in accordance with the terms and conditions of sections 1001 
through 1001D of the Food Security Act of 1985 (16 U.S.C. 1308 
et seq.), as in effect on September 30, 2007. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 501 of the Federal Crop Insurance Act (7 U.S.C. 
1501) is amended by striking the section heading and enu-
merator and inserting the following: 
‘‘Subtitle A—Federal Crop Insurance Act 
‘‘SEC. 501. SHORT TITLE AND APPLICATION OF OTHER PROVISIONS.’’. 
(2) Subtitle A of the Federal Crop Insurance Act (as des-
ignated under paragraph (1)) is amended— 
(A) by striking ‘‘This title’’ each place it appears and 
inserting ‘‘This subtitle’’; and 
(B) by striking ‘‘this title’’ each place it appears and 
inserting ‘‘this subtitle’’. 
SEC. 12034. FISHERIES DISASTER ASSISTANCE. 
Of the funds of the Commodity Credit Corporation, the Sec-
retary of Agriculture shall transfer to the Secretary of Commerce 
$170,000,000 for fiscal year 2008 for the National Marine Fisheries 
Service to distribute to commercial and recreational members of 
the fishing communities affected by the salmon fishery failure in 
the States of California, Oregon, and Washington designated under 
section 312(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861a(a)) on May 1, 2008, in accordance 
with that section.
H. R. 2419—484 
Subtitle B—Small Business Disaster Loan 
Program 
SEC. 12051. SHORT TITLE. 
This subtitle may be cited as the ‘‘Small Business Disaster 
Response and Loan Improvements Act of 2008’’. 
SEC. 12052. DEFINITIONS. 
In this subtitle— 
(1) the terms ‘‘Administration’’ and ‘‘Administrator’’ mean 
the Small Business Administration and the Administrator 
thereof, respectively; 
(2) the term ‘‘disaster area’’ means an area affected by 
a natural or other disaster, as determined for purposes of 
paragraph (1) or (2) of section 7(b) of the Small Business 
Act (15 U.S.C. 636(b)), during the period of such declaration; 
(3) the term ‘‘disaster loan program of the Administration’’ 
means assistance under section 7(b) of the Small Business 
Act (15 U.S.C. 636(b)), as amended by this Act; 
(4) the term ‘‘disaster update period’’ means the period 
beginning on the date on which the President declares a major 
disaster (including any major disaster relating to which the 
Administrator declares eligibility for additional disaster assist-
ance under paragraph (9) of section 7(b) of the Small Business 
Act (15 U.S.C. 636(b)), as added by this Act) and ending on 
the date on which such declaration terminates; 
(5) the term ‘‘major disaster’’ has the meaning given that 
term in section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122); 
(6) the term ‘‘small business concern’’ has the meaning 
given that term under section 3 of the Small Business Act 
(15 U.S.C. 632); and 
(7) the term ‘‘State’’ means any State of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
the Northern Mariana Islands, the Virgin Islands, Guam, Amer-
ican Samoa, and any territory or possession of the United 
States. 
PART I—DISASTER PLANNING AND RESPONSE 
SEC. 12061. ECONOMIC INJURY DISASTER LOANS TO NONPROFITS. 
(a) IN GENERAL.—Section 7(b)(2) of the Small Business Act 
(15 U.S.C. 636(b)(2)) is amended— 
(1) in the matter preceding subparagraph (A)— 
(A) by inserting after ‘‘small business concern’’ the 
following: ‘‘, private nonprofit organization,’’; and 
(B) by inserting after ‘‘the concern’’ the following: ‘‘, 
the organization,’’; and 
(2) in subparagraph (D) by inserting after ‘‘small business 
concerns’’ the following: ‘‘, private nonprofit organizations,’’. 
(b) CONFORMING AMENDMENT.—Section 7(c)(5)(C) of the Small 
Business Act (15 U.S.C. 636(c)(5)(C)) is amended by inserting after 
‘‘business’’ the following: ‘‘, private nonprofit organization,’’.
H. R. 2419—485 
SEC. 12062. COORDINATION OF DISASTER ASSISTANCE PROGRAMS 
WITH FEMA. 
The Small Business Act (15 U.S.C. 631 et seq.) is amended— 
(1) by redesignating section 37 as section 44; and 
(2) by inserting after section 36 the following: 
‘‘SEC. 37. COORDINATION OF DISASTER ASSISTANCE PROGRAMS WITH 
FEMA. 
‘‘(a) COORDINATION REQUIRED.—The Administrator shall ensure 
that the disaster assistance programs of the Administration are 
coordinated, to the maximum extent practicable, with the disaster 
assistance programs of the Federal Emergency Management 
Agency. 
‘‘(b) REGULATIONS REQUIRED.—The Administrator, in consulta-
tion with the Administrator of the Federal Emergency Management 
Agency, shall establish regulations to ensure that each application 
for disaster assistance is submitted as quickly as practicable to 
the Administration or directed to the appropriate agency under 
the circumstances. 
‘‘(c) COMPLETION; REVISION.—The initial regulations shall be 
completed not later than 270 days after the date of the enactment 
of the Small Business Disaster Response and Loan Improvements 
Act of 2008. Thereafter, the regulations shall be revised on an 
annual basis. 
‘‘(d) REPORT.—The Administrator shall include a report on the 
regulations whenever the Administration submits the report 
required by section 43.’’. 
SEC. 12063. PUBLIC AWARENESS OF DISASTER DECLARATION AND 
APPLICATION PERIODS. 
(a) IN GENERAL.—Section 7(b) of the Small Business Act (15 
U.S.C. 636(b)) is amended by inserting immediately after paragraph 
(3), the following: 
‘‘(4) COORDINATION WITH FEMA.— 
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, for any disaster declared under this subsection 
or major disaster (including any major disaster relating 
to which the Administrator declares eligibility for addi-
tional disaster assistance under paragraph (9)), the 
Administrator, in consultation with the Administrator of 
the Federal Emergency Management Agency, shall ensure, 
to the maximum extent practicable, that all application 
periods for disaster relief under this Act correspond with 
application deadlines established under the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), or as extended by the President. 
‘‘(B) DEADLINES.—Notwithstanding any other provision 
of law, not later than 10 days before the closing date 
of an application period for a major disaster (including 
any major disaster relating to which the Administrator 
declares eligibility for additional disaster assistance under 
paragraph (9)), the Administrator, in consultation with the 
Administrator of the Federal Emergency Management 
Agency, shall submit to the Committee on Small Business 
and Entrepreneurship of the Senate and the Committee 
on Small Business of the House of Representatives a report 
that includes—
H. R. 2419—486 
‘‘(i) the deadline for submitting applications for 
assistance under this Act relating to that major dis-
aster; 
‘‘(ii) information regarding the number of loan 
applications and disbursements processed by the 
Administrator relating to that major disaster for each 
day during the period beginning on the date on which 
that major disaster was declared and ending on the 
date of that report; and 
‘‘(iii) an estimate of the number of potential 
applicants that have not submitted an application 
relating to that major disaster. 
‘‘(5) PUBLIC
AWARENESS
OF
DISASTERS.—If a disaster is 
declared under this subsection or the Administrator declares 
eligibility for additional disaster assistance under paragraph 
(9), the Administrator shall make every effort to communicate 
through radio, television, print, and web-based outlets, all rel-
evant 
information 
needed 
by 
disaster 
loan 
applicants, 
including— 
‘‘(A) the date of such declaration; 
‘‘(B) cities and towns within the area of such declara-
tion; 
‘‘(C) loan application deadlines related to such disaster; 
‘‘(D) all relevant contact information for victim services 
available through the Administration (including links to 
small business development center websites); 
‘‘(E) links to relevant Federal and State disaster assist-
ance websites, including links to websites providing 
information regarding assistance available from the Fed-
eral Emergency Management Agency; 
‘‘(F) information on eligibility criteria for Administra-
tion loan programs, including where such applications can 
be found; and 
‘‘(G) application materials that clearly state the func-
tion of the Administration as the Federal source of disaster 
loans for homeowners and renters.’’. 
(b) MARKETING AND OUTREACH.—Not later than 90 days after 
the date of enactment of this Act, the Administrator shall create 
a marketing and outreach plan that— 
(1) encourages a proactive approach to the disaster relief 
efforts of the Administration; 
(2) makes clear the services provided by the Administra-
tion, including contact information, application information, and 
timelines for submitting applications, the review of applications, 
and the disbursement of funds; 
(3) describes the different disaster loan programs of the 
Administration, including how they are made available and 
the eligibility requirements for each loan program; 
(4) provides for regional marketing, focusing on disasters 
occurring in each region before the date of enactment of this 
Act, and likely scenarios for disasters in each such region; 
and 
(5) ensures that the marketing plan is made available 
at small business development centers and on the website 
of the Administration. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
H. R. 2419—487 
(1) IN GENERAL.—Section 3 of the Small Business Act (15 
U.S.C. 632) is amended by adding at the end the following: 
‘‘(s) MAJOR DISASTER.—In this Act, the term ‘major disaster’ 
has the meaning given that term in section 102 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122).’’. 
(2) TECHNICAL CORRECTION.—Section 7(b)(2) of the Small 
Business Act (15 U.S.C. 636(b)(2)) is amended by striking ‘‘Dis-
aster Relief and Emergency Assistance Act’’ and inserting 
‘‘Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.)’’. 
SEC. 12064. CONSISTENCY BETWEEN ADMINISTRATION REGULATIONS 
AND STANDARD OPERATING PROCEDURES. 
(a) IN GENERAL.—The Administrator shall, promptly following 
the date of enactment of this Act, conduct a study of whether 
the standard operating procedures of the Administration for loans 
offered under section 7(b) of the Small Business Act (15 U.S.C. 
636(b)) are consistent with the regulations of the Administration 
for administering the disaster loan program. 
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Administrator shall submit to Congress a 
report containing all findings and recommendations of the study 
conducted under subsection (a). 
SEC. 12065. INCREASING COLLATERAL REQUIREMENTS. 
Section 7(c)(6) of the Small Business Act (15 U.S.C. 636(c)(6)) 
is amended by striking ‘‘$10,000 or less’’ and inserting ‘‘$14,000 
or less (or such higher amount as the Administrator determines 
appropriate in the event of a major disaster)’’. 
SEC. 12066. PROCESSING DISASTER LOANS. 
(a) AUTHORITY
FOR
QUALIFIED
PRIVATE
CONTRACTORS
TO 
PROCESS DISASTER LOANS.—Section 7(b) of the Small Business Act 
(15 U.S.C. 636(b)) is amended by inserting immediately after para-
graph (5), as added by this Act, the following: 
‘‘(6) AUTHORITY FOR QUALIFIED PRIVATE CONTRACTORS.— 
‘‘(A) DISASTER LOAN PROCESSING.—The Administrator 
may enter into an agreement with a qualified private con-
tractor, as determined by the Administrator, to process 
loans under this subsection in the event of a major disaster 
(including any major disaster relating to which the 
Administrator declares eligibility for additional disaster 
assistance under paragraph (9)), under which the Adminis-
trator shall pay the contractor a fee for each loan processed. 
‘‘(B) LOAN LOSS VERIFICATION SERVICES.—The Adminis-
trator may enter into an agreement with a qualified lender 
or loss verification professional, as determined by the 
Administrator, to verify losses for loans under this sub-
section in the event of a major disaster (including any 
major disaster relating to which the Administrator declares 
eligibility for additional disaster assistance under para-
graph (9)), under which the Administrator shall pay the 
lender or verification professional a fee for each loan for 
which such lender or verification professional verifies 
losses.’’.
H. R. 2419—488 
(b) COORDINATION OF EFFORTS BETWEEN THE ADMINISTRATOR 
AND THE INTERNAL REVENUE SERVICE TO EXPEDITE LOAN PROC-
ESSING.—The Administrator and the Commissioner of Internal Rev-
enue shall, to the maximum extent practicable, ensure that all 
relevant and allowable tax records for loan approval are shared 
with loan processors in an expedited manner, upon request by 
the Administrator. 
SEC. 12067. INFORMATION TRACKING AND FOLLOW-UP SYSTEM. 
The Small Business Act is amended by inserting after section 
37, as added by this Act, the following: 
‘‘SEC. 38. INFORMATION TRACKING AND FOLLOW-UP SYSTEM FOR DIS-
ASTER ASSISTANCE. 
‘‘(a) SYSTEM
REQUIRED.—The Administrator shall develop, 
implement, or maintain a centralized information system to track 
communications between personnel of the Administration and 
applicants for disaster assistance. The system shall ensure that 
whenever an applicant for disaster assistance communicates with 
such personnel on a matter relating to the application, the following 
information is recorded: 
‘‘(1) The method of communication. 
‘‘(2) The date of communication. 
‘‘(3) The identity of the personnel. 
‘‘(4) A summary of the subject matter of the communication. 
‘‘(b) FOLLOW-UP REQUIRED.—The Administrator shall ensure 
that an applicant for disaster assistance receives, by telephone, 
mail, or electronic mail, follow-up communications from the 
Administration at all critical stages of the application process, 
including the following: 
‘‘(1) When the Administration determines that additional 
information or documentation is required to process the applica-
tion. 
‘‘(2) When the Administration determines whether to 
approve or deny the loan. 
‘‘(3) When the primary contact person managing the loan 
application has changed.’’. 
SEC. 12068. INCREASED DEFERMENT PERIOD. 
(a) IN GENERAL.—Section 7 of the Small Business Act (15 
U.S.C. 636) is amended— 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(2) by inserting after subsection (e), as so redesignated, 
the following: 
‘‘(f) ADDITIONAL REQUIREMENTS FOR 7(b) LOANS.— 
‘‘(1) INCREASED DEFERMENT AUTHORIZED.— 
‘‘(A) IN GENERAL.—In making loans under subsection 
(b), the Administrator may provide, to the person receiving 
the loan, an option to defer repayment on the loan. 
‘‘(B) PERIOD.—The period of a deferment under 
subparagraph (A) may not exceed 4 years.’’. 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.—The Small 
Business Act (15 U.S.C. 631 et seq.) is amended— 
(1) in section 4(c)— 
(A) in paragraph (1), by striking ‘‘7(c)(2)’’ and inserting 
‘‘7(d)(2)’’; and 
(B) in paragraph (2)—
H. R. 2419—489 
(i) by striking ‘‘7(c)(2)’’ and inserting ‘‘7(d)(2)’’; and 
(ii) by striking ‘‘7(e),’’; and 
(2) in section 7(b), in the undesignated matter following 
paragraph (3)— 
(A) by striking ‘‘That the provisions of paragraph (1) 
of subsection (c)’’ and inserting ‘‘That the provisions of 
paragraph (1) of subsection (d)’’; and 
(B) by striking ‘‘Notwithstanding the provisions of any 
other law the interest rate on the Administration’s share 
of any loan made under subsection (b) except as provided 
in subsection (c),’’ and inserting ‘‘Notwithstanding any 
other provision of law, and except as provided in subsection 
(d), the interest rate on the Administration’s share of any 
loan made under subsection (b)’’. 
SEC. 12069. DISASTER PROCESSING REDUNDANCY. 
The Small Business Act (15 U.S.C. 631 et seq.) is amended 
by inserting after section 38, as added by this Act, the following: 
‘‘SEC. 39. DISASTER PROCESSING REDUNDANCY. 
‘‘(a) IN GENERAL.—The Administrator shall ensure that the 
Administration has in place a facility for disaster loan processing 
that, whenever the Administration’s primary facility for disaster 
loan processing becomes unavailable, is able to take over all disaster 
loan processing from that primary facility within 2 days. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section.’’. 
SEC. 12070. NET EARNINGS CLAUSES PROHIBITED. 
Section 7 of the Small Business Act (15 U.S.C. 636) is amended 
by inserting after subsection (f), as added by this Act, the following: 
‘‘(g) NET EARNINGS CLAUSES PROHIBITED FOR 7(b) LOANS.— 
In making loans under subsection (b), the Administrator shall not 
require the borrower to pay any non-amortized amount for the 
first five years after repayment begins.’’. 
SEC. 12071. ECONOMIC INJURY DISASTER LOANS IN CASES OF ICE 
STORMS AND BLIZZARDS. 
Section 3(k)(2) of the Small Business Act (15 U.S.C. 632(k)(2)) 
is amended— 
(1) in subparagraph (A) by striking ‘‘and’’; 
(2) in subparagraph (B) by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) ice storms and blizzards.’’. 
SEC. 12072. DEVELOPMENT AND IMPLEMENTATION OF MAJOR DIS-
ASTER RESPONSE PLAN. 
(a) IN GENERAL.—Not later than 3 months after the date of 
enactment of this Act, the Administrator shall— 
(1) by rule, amend the 2006 Atlantic hurricane season 
disaster response plan of the Administration (in this section 
referred to as the ‘‘disaster response plan’’) to apply to major 
disasters; and 
(2) submit a report to the Committee on Small Business 
and Entrepreneurship of the Senate and the Committee on
H. R. 2419—490 
Small Business of the House of Representatives detailing the 
amendments to the disaster response plan. 
(b) CONTENTS.—The report required under subsection (a)(2) 
shall include— 
(1) any updates or modifications made to the disaster 
response plan since the report regarding the disaster response 
plan submitted to Congress on July 14, 2006; 
(2) a description of how the Administrator plans to use 
and integrate District Office personnel of the Administration 
in the response to a major disaster, including information on 
the use of personnel for loan processing and loan disbursement; 
(3) a description of the disaster scalability model of the 
Administration and on what basis or function the plan is scaled; 
(4) a description of how the agency-wide Disaster Oversight 
Council is structured, which offices comprise its membership, 
and whether the Associate Deputy Administrator for Entrepre-
neurial Development of the Administration is a member; 
(5) a description of how the Administrator plans to coordi-
nate the disaster efforts of the Administration with State and 
local government officials, including recommendations on how 
to better incorporate State initiatives or programs, such as 
State-administered bridge loan programs, into the disaster 
response of the Administration; 
(6) recommendations, if any, on how the Administration 
can better coordinate its disaster response operations with the 
operations of other Federal, State, and local entities; 
(7) any surge plan for the disaster loan program of the 
Administration in effect on or after August 29, 2005 (including 
surge plans for loss verification, loan processing, mailroom, 
customer service or call center operations, and a continuity 
of operations plan); 
(8) the number of full-time equivalent employees and job 
descriptions for the planning and disaster response staff of 
the Administration; 
(9) the in-service and preservice training procedures for 
disaster response staff of the Administration; 
(10) information on the logistical support plans of the 
Administration (including equipment and staffing needs, and 
detailed information on how such plans will be scalable 
depending on the size and scope of the major disaster; 
(11) a description of the findings and recommendations 
of the Administrator, if any, based on a review of the response 
of the Administration to Hurricane Katrina of 2005, Hurricane 
Rita of 2005, and Hurricane Wilma of 2005; and 
(12) a plan for how the Administrator, in consultation 
with the Administrator of the Federal Emergency Management 
Agency, will coordinate the provision of accommodations and 
necessary resources for disaster assistance personnel to effec-
tively perform their responsibilities in the aftermath of a major 
disaster. 
(c) BIENNIAL DISASTER SIMULATION EXERCISE.— 
(1) EXERCISE REQUIRED.—The Administrator shall conduct 
a disaster simulation exercise at least once every 2 fiscal years. 
The exercise shall include the participation of, at a minimum, 
not less than 50 percent of the individuals in the disaster 
reserve corps and shall test, at maximum capacity, all of the 
information technology and telecommunications systems of the
H. R. 2419—491 
Administration that are vital to the activities of the Administra-
tion during such a disaster. 
(2) REPORT.—The Administrator shall include a report on 
the disaster simulation exercises conducted under paragraph 
(1) each time the Administration submits a report required 
under section 43 of the Small Business Act, as added by this 
Act. 
SEC. 12073. DISASTER PLANNING RESPONSIBILITIES. 
(a) ASSIGNMENT OF SMALL BUSINESS ADMINISTRATION DISASTER 
PLANNING RESPONSIBILITIES.—The disaster planning function of the 
Administration shall be assigned to an individual appointed by 
the Administrator who— 
(1) is not an employee of the Office of Disaster Assistance 
of the Administration; 
(2) has proven management ability; 
(3) has substantial knowledge in the field of disaster readi-
ness and emergency response; and 
(4) has demonstrated significant experience in the area 
of disaster planning. 
(b) RESPONSIBILITIES.—The individual assigned the disaster 
planning function of the Administration shall report directly and 
solely to the Administrator and shall be responsible for— 
(1) creating, maintaining, and implementing the com-
prehensive disaster response plan of the Administration 
described in section 12072; 
(2) ensuring there are in-service and pre-service training 
procedures for the disaster response staff of the Administration; 
(3) coordinating and directing the training exercises of the 
Administration relating to disasters, including disaster simula-
tion exercises and disaster exercises coordinated with other 
government departments and agencies; and 
(4) other responsibilities relevant to disaster planning and 
readiness, as determined by the Administrator. 
(c) 
COORDINATION.—In 
carrying 
out 
the 
responsibilities 
described in subsection (b), the individual assigned the disaster 
planning function of the Administration shall coordinate with— 
(1) the Office of Disaster Assistance of the Administration; 
(2) the Administrator of the Federal Emergency Manage-
ment Agency; and 
(3) other Federal, State, and local disaster planning offices, 
as necessary. 
(d) RESOURCES.—The Administrator shall ensure that the indi-
vidual assigned the disaster planning function of the Administration 
has adequate resources to carry out the duties under this section. 
(e) REPORT.—Not later than 30 days after the date of enactment 
of this Act, the Administrator shall submit to the Committee on 
Small Business and Entrepreneurship of the Senate and the Com-
mittee on Small Business of the House of Representatives a report 
containing— 
(1) a description of the actions of the Administrator to 
assign an individual the disaster planning function of the 
Administration; 
(2) information detailing the background and expertise of 
the individual assigned; and 
(3) information on the status of the implementation of 
the responsibilities described in subsection (b).