1543 
(b) PROCUREMENT PROCEDURES.—Notwithstanding 
the amendments made by subsection (a), effective on the 
date of the enactment of this Act, the Graduate School 
of the Department of Agriculture shall be subject to Fed-
eral procurement laws and regulations in the same manner 
and subject to the same requirements as a private entity 
providing services to the Federal Government. 
SEC. 14214. FINES FOR VIOLATIONS OF THE ANIMAL WEL-
FARE ACT. 
Section 19(b) of the Animal Welfare Act (7 U.S.C. 
2149(b)) is amended in the first sentence by striking ‘‘not 
more than $2,500 for each such violation’’ and inserting 
‘‘not more than $10,000 for each such violation’’. 
SEC. 14215. DEFINITION OF CENTRAL FILING SYSTEM. 
Section 1324(c)(2) of the Food Security Act of 1985 
(7 U.S.C. 1631(c)(2)) is amended— 
(1) in subparagraph (C)(ii)(II), by inserting 
after ‘‘such debtors’’ the following: ‘‘, except that the 
numerical list containing social security or taxpayer 
identification numbers may be encrypted for security 
purposes if the Secretary of State provides a method 
by which an effective search of the encrypted num-
bers may be conducted to determine whether the 
farm product at issue is subject to 1 or more liens’’; 
and 
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(2) in subparagraph (E)— 
(A) by striking ‘‘paragraph (C)’’ and in-
serting ‘‘subparagraph (C)’’; and 
(B) by inserting before the semicolon at 
the end the following: ‘‘except that— 
‘‘(i) the distribution of the portion of 
the master list may be in electronic, writ-
ten, or printed form; and 
‘‘(ii) if social security or taxpayer 
identification numbers on the master list 
are encrypted, the Secretary of State may 
distribute the master list only— 
‘‘(I) by compact disc or other 
electronic media that contains— 
‘‘(aa) the recorded list of 
debtor names; and 
‘‘(bb) an encryption program 
that enables the buyer, commis-
sion merchant, and selling agent 
to enter a social security number 
for matching against the re-
corded list of encrypted social se-
curity or taxpayer identification 
numbers; and 
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‘‘(II) on the written request of 
the buyer, commission merchant, or 
selling agent, by paper copy of the list 
to the requestor’’. 
SEC. 14216. CONSIDERATION OF PROPOSED RECOMMENDA-
TIONS OF STUDY ON USE OF CATS AND DOGS 
IN FEDERAL RESEARCH. 
(a) IN GENERAL.—The Secretary of Agriculture 
shall— 
(1) review— 
(A) any independent reviews conducted by 
a nationally recognized panel of experts of the 
use of Class B dogs and cats in federally sup-
ported research to determine how frequently 
such dogs and cats are used in research by the 
National Institutes of Health; and 
(B) any recommendations proposed by 
such panel outlining the parameters of such 
use; and 
(2) 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 how recommendations referred to in para-
graph (1)(B) can be applied within the Department 
of Agriculture to ensure such dogs and cats are 
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treated in accordance with regulations of the De-
partment of Agriculture. 
(b) CLASS B DOGS AND CATS DEFINED.—In this 
section, the term ‘‘Class B dogs and cats’’ means dogs 
and cats obtained from a Class ‘‘B’’ licensee, as such term 
is defined in section 1.1 of title 9, Code of Federal Regula-
tions. 
SEC. 14217. REGIONAL ECONOMIC AND INFRASTRUCTURE 
DEVELOPMENT. 
(a) IN GENERAL.—Title 40, United States Code, is 
amended— 
(1) by redesignating subtitle V as subtitle VI; 
and 
(2) by inserting after subtitle IV the following: 
‘‘Subtitle V—Regional Economic 
and Infrastructure Development 
‘‘Chapter ...................................................................................................
‘‘151. GENERAL PROVISIONS ............................................................
15101 
‘‘153. REGIONAL COMMISSIONS .......................................................
15301 
‘‘155. FINANCIAL ASSISTANCE .........................................................
15501 
‘‘157. ADMINISTRATIVE PROVISIONS .............................................
15701 
‘‘CHAPTER 1—GENERAL PROVISIONS 
‘‘Sec. 
‘‘15101. Definitions. 
‘‘§ 15101. Definitions 
‘‘In this subtitle, the following definitions apply: 
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‘‘(1) COMMISSION.—The term ‘Commission’ 
means a Commission established under section 
15301. 
‘‘(2) LOCAL
DEVELOPMENT
DISTRICT.—The 
term ‘local development district’ means an entity 
that— 
‘‘(A)(i) is an economic development district 
that is— 
‘‘(I) in existence on the date of the 
enactment of this chapter; and 
‘‘(II) located in the region; or 
‘‘(ii) if an entity described in clause (i) 
does not exist— 
‘‘(I) is organized and operated in a 
manner that ensures broad-based commu-
nity participation and an effective oppor-
tunity for local officials, community lead-
ers, and the public to contribute to the de-
velopment and implementation of programs 
in the region; 
‘‘(II) is governed by a policy board 
with at least a simple majority of members 
consisting of— 
‘‘(aa) elected officials; or 
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‘‘(bb) designees or employees of a 
general purpose unit of local govern-
ment that have been appointed to rep-
resent the unit of local government; 
and 
‘‘(III) is certified by the Governor or 
appropriate State officer as having a char-
ter or authority that includes the economic 
development of counties, portions of coun-
ties, or other political subdivisions within 
the region; and 
‘‘(B) has not, as certified by the Federal 
Cochairperson— 
‘‘(i) 
inappropriately 
used 
Federal 
grant funds from any Federal source; or 
‘‘(ii) appointed an officer who, during 
the period in which another entity inappro-
priately used Federal grant funds from any 
Federal source, was an officer of the other 
entity. 
‘‘(3) FEDERAL
GRANT
PROGRAM.—The term 
‘Federal grant program’ means a Federal grant pro-
gram to provide assistance in carrying out economic 
and community development activities. 
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‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
‘‘(5) NONPROFIT ENTITY.—The term ‘nonprofit 
entity’ means any organization described in section 
501(c) of the Internal Revenue Code of 1986 and 
exempt from taxation under 501(a) of that Code 
that has been formed for the purpose of economic 
development. 
‘‘(6) REGION.—The term ‘region’ means the 
area covered by a Commission as described in sub-
chapter II of chapter 157. 
‘‘CHAPTER 2—REGIONAL COMMISSIONS 
‘‘Sec. 
‘‘15301. Establishment, membership, and employees. 
‘‘15302. Decisions. 
‘‘15303. Functions. 
‘‘15304. Administrative powers and expenses. 
‘‘15305. Meetings. 
‘‘15306. Personal financial interests. 
‘‘15307. Tribal participation. 
‘‘15308. Annual report. 
‘‘§ 15301. Establishment, membership, and employees 
‘‘(a) ESTABLISHMENT.—There are established the 
following regional Commissions: 
‘‘(1) The Southeast Crescent Regional Commis-
sion. 
‘‘(2) The Southwest Border Regional Commis-
sion. 
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‘‘(3) The Northern Border Regional Commis-
sion. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) FEDERAL
AND
STATE
MEMBERS.—Each 
Commission shall be composed of the following mem-
bers: 
‘‘(A) A Federal Cochairperson, to be ap-
pointed by the President, by and with the ad-
vice and consent of the Senate. 
‘‘(B) The Governor of each participating 
State in the region of the Commission. 
‘‘(2) ALTERNATE MEMBERS.— 
‘‘(A) 
ALTERNATE
FEDERAL
COCHAIR-
PERSON.—The President shall appoint an alter-
nate Federal Cochairperson for each Commis-
sion. The alternate Federal Cochairperson, 
when not actively serving as an alternate for 
the Federal Cochairperson, shall perform such 
functions and duties as are delegated by the 
Federal Cochairperson. 
‘‘(B) STATE
ALTERNATES.—The State 
member of a participating State may have a 
single alternate, who shall be appointed by the 
Governor of the State from among the members 
of the Governor’s cabinet or personal staff. 
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‘‘(C) VOTING.—An alternate member shall 
vote in the case of the absence, death, dis-
ability, removal, or resignation of the Federal 
or State member for which the alternate mem-
ber is an alternate. 
‘‘(3) COCHAIRPERSONS.—A Commission shall 
be headed by— 
‘‘(A) the Federal Cochairperson, who shall 
serve as a liaison between the Federal Govern-
ment and the Commission; and 
‘‘(B) a State Cochairperson, who shall be 
a Governor of a participating State in the re-
gion and shall be elected by the State members 
for a term of not less than 1 year. 
‘‘(4) CONSECUTIVE TERMS.—A State member 
may not be elected to serve as State Cochairperson 
for more than 2 consecutive terms. 
‘‘(c) COMPENSATION.— 
‘‘(1) FEDERAL COCHAIRPERSONS.—Each Fed-
eral Cochairperson shall be compensated by the Fed-
eral Government at level III of the Executive Sched-
ule as set out in section 5314 of title 5. 
‘‘(2) 
ALTERNATE
FEDERAL
COCHAIR-
PERSONS.—Each Federal Cochairperson’s alternate 
shall be compensated by the Federal Government at 
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level V of the Executive Schedule as set out in sec-
tion 5316 of title 5. 
‘‘(3) STATE
MEMBERS
AND
ALTERNATES.— 
Each State member and alternate shall be com-
pensated by the State that they represent at the rate 
established by the laws of that State. 
‘‘(d) EXECUTIVE DIRECTOR AND STAFF.— 
‘‘(1) IN
GENERAL.—A Commission shall ap-
point and fix the compensation of an executive direc-
tor and such other personnel as are necessary to en-
able the Commission to carry out its duties. Com-
pensation under this paragraph may not exceed the 
maximum rate of basic pay established for the Sen-
ior Executive Service under section 5382 of title 5, 
including any applicable locality-based comparability 
payment that may be authorized under section 
5304(h)(2)(C) of that title. 
‘‘(2) EXECUTIVE DIRECTOR.—The executive di-
rector shall be responsible for carrying out the ad-
ministrative duties of the Commission, directing the 
Commission staff, and such other duties as the Com-
mission may assign. 
‘‘(e) NO FEDERAL EMPLOYEE STATUS.—No mem-
ber, alternate, officer, or employee of a Commission (other 
than the Federal Cochairperson, the alternate Federal Co-
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chairperson, staff of the Federal Cochairperson, and any 
Federal employee detailed to the Commission) shall be 
considered to be a Federal employee for any purpose. 
‘‘§ 15302. Decisions 
‘‘(a) REQUIREMENTS
FOR APPROVAL.—Except as 
provided in section 15304(c)(3), decisions by the Commis-
sion shall require the affirmative vote of the Federal Co-
chairperson and a majority of the State members (exclu-
sive of members representing States delinquent under sec-
tion 15304(c)(3)(C)). 
‘‘(b) CONSULTATION.—In matters coming before the 
Commission, the Federal Cochairperson shall, to the ex-
tent practicable, consult with the Federal departments and 
agencies having an interest in the subject matter. 
‘‘(c) QUORUMS.—A Commission shall determine what 
constitutes a quorum for Commission meetings; except 
that— 
‘‘(1) any quorum shall include the Federal Co-
chairperson or the alternate Federal Cochairperson; 
and 
‘‘(2) a State alternate member shall not be 
counted toward the establishment of a quorum. 
‘‘(d) PROJECTS AND GRANT PROPOSALS.—The ap-
proval of project and grant proposals shall be a responsi-
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bility of each Commission and shall be carried out in ac-
cordance with section 15503. 
‘‘§ 15303. Functions 
‘‘A Commission shall— 
‘‘(1) assess the needs and assets of its region 
based on available research, demonstration projects, 
investigations, assessments, and evaluations of the 
region prepared by Federal, State, and local agen-
cies, universities, local development districts, and 
other nonprofit groups; 
‘‘(2) develop, on a continuing basis, comprehen-
sive and coordinated economic and infrastructure de-
velopment strategies to establish priorities and ap-
prove grants for the economic development of its re-
gion, giving due consideration to other Federal, 
State, and local planning and development activities 
in the region; 
‘‘(3) not later than one year after the date of 
the enactment of this section, and after taking into 
account State plans developed under section 15502, 
establish priorities in an economic and infrastructure 
development plan for its region, including 5-year re-
gional outcome targets; 
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evidence, and print or otherwise reproduce and dis-
tribute a description of the proceedings and reports 
on actions by the Commission as the Commission 
considers appropriate; 
‘‘(2) authorize, through the Federal or State 
Cochairperson or any other member of the Commis-
sion designated by the Commission, the administra-
tion of oaths if the Commission determines that tes-
timony should be taken or evidence received under 
oath; 
‘‘(3) request from any Federal, State, or local 
agency such information as may be available to or 
procurable by the agency that may be of use to the 
Commission in carrying out the duties of the Com-
mission; 
‘‘(4) adopt, amend, and repeal bylaws and rules 
governing the conduct of business and the perform-
ance of duties by the Commission; 
‘‘(5) request the head of any Federal agency, 
State agency, or local government to detail to the 
Commission such personnel as the Commission re-
quires to carry out its duties, each such detail to be 
without loss of seniority, pay, or other employee sta-
tus; 
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‘‘(6) provide for coverage of Commission em-
ployees in a suitable retirement and employee benefit 
system by making arrangements or entering into 
contracts with any participating State government 
or otherwise providing retirement and other em-
ployee coverage; 
‘‘(7) accept, use, and dispose of gifts or dona-
tions or services or real, personal, tangible, or intan-
gible property; 
‘‘(8) enter into and perform such contracts, co-
operative agreements, or other transactions as are 
necessary to carry out Commission duties, including 
any contracts or cooperative agreements with a de-
partment, agency, or instrumentality of the United 
States, a State (including a political subdivision, 
agency, or instrumentality of the State), or a person, 
firm, association, or corporation; and 
‘‘(9) maintain a government relations office in 
the District of Columbia and establish and maintain 
a central office at such location in its region as the 
Commission may select. 
‘‘(b) FEDERAL AGENCY COOPERATION.—A Federal 
agency shall— 
‘‘(1) cooperate with a Commission; and 
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‘‘(2) provide, to the extent practicable, on re-
quest of the Federal Cochairperson, appropriate as-
sistance in carrying out this subtitle, in accordance 
with applicable Federal laws (including regulations). 
‘‘(c) ADMINISTRATIVE EXPENSES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the administrative expenses of a Commission shall 
be paid— 
‘‘(A) by the Federal Government, in an 
amount equal to 50 percent of the administra-
tive expenses of the Commission; and 
‘‘(B) by the States participating in the 
Commission, in an amount equal to 50 percent 
of the administrative expenses. 
‘‘(2) EXPENSES
OF
THE
FEDERAL
COCHAIR-
PERSON.—All expenses of the Federal Cochair-
person, including expenses of the alternate and staff 
of the Federal Cochairperson, shall be paid by the 
Federal Government. 
‘‘(3) STATE SHARE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the share of administrative expenses 
of a Commission to be paid by each State of the 
Commission shall be determined by a unani-
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mous vote of the State members of the Com-
mission. 
‘‘(B) NO FEDERAL PARTICIPATION.—The 
Federal Cochairperson shall not participate or 
vote in any decision under subparagraph (A). 
‘‘(C) DELINQUENT STATES.—During any 
period in which a State is more than 1 year de-
linquent in payment of the State’s share of ad-
ministrative expenses of the Commission under 
this subsection— 
‘‘(i) no assistance under this subtitle 
shall be provided to the State (including 
assistance to a political subdivision or a 
resident of the State) for any project not 
approved as of the date of the commence-
ment of the delinquency; and 
‘‘(ii) no member of the Commission 
from the State shall participate or vote in 
any action by the Commission. 
‘‘(4) EFFECT ON ASSISTANCE.—A State’s share 
of administrative expenses of a Commission under 
this subsection shall not be taken into consideration 
when determining the amount of assistance provided 
to the State under this subtitle. 
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‘‘§ 15305. Meetings 
‘‘(a) INITIAL MEETING.—Each Commission shall 
hold an initial meeting not later than 180 days after the 
date of the enactment of this section. 
‘‘(b) ANNUAL MEETING.—Each Commission shall 
conduct at least 1 meeting each year with the Federal Co-
chairperson and at least a majority of the State members 
present. 
‘‘(c) ADDITIONAL
MEETINGS.—Each Commission 
shall conduct additional meetings at such times as it deter-
mines and may conduct such meetings by electronic 
means. 
‘‘§ 15306. Personal financial interests 
‘‘(a) CONFLICTS OF INTEREST.— 
‘‘(1) NO ROLE ALLOWED.—Except as permitted 
by paragraph (2), an individual who is a State mem-
ber or alternate, or an officer or employee of a Com-
mission, shall not participate personally and sub-
stantially as a member, alternate, officer, or em-
ployee of the Commission, through decision, ap-
proval, disapproval, recommendation, request for a 
ruling, or other determination, contract, claim, con-
troversy, or other matter in which, to the individ-
ual’s knowledge, any of the following has a financial 
interest: 
‘‘(A) The individual. 
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‘‘(B) The individual’s spouse, minor child, 
or partner. 
‘‘(C) An organization (except a State or 
political subdivision of a State) in which the in-
dividual is serving as an officer, director, trust-
ee, partner, or employee. 
‘‘(D) Any person or organization with 
whom the individual is negotiating or has any 
arrangement concerning prospective employ-
ment. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply if the individual, in advance of the proceeding, 
application, request for a ruling or other determina-
tion, contract, claim controversy, or other particular 
matter presenting a potential conflict of interest— 
‘‘(A) advises the Commission of the nature 
and circumstances of the matter presenting the 
conflict of interest; 
‘‘(B) makes full disclosure of the financial 
interest; and 
‘‘(C) receives a written decision of the 
Commission that the interest is not so substan-
tial as to be considered likely to affect the in-
tegrity of the services that the Commission may 
expect from the individual. 
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this section but remain subject to sections 202 through 
209 of title 18. 
‘‘(e) RESCISSION.—A Commission may declare void 
any contract, loan, or grant of or by the Commission in 
relation to which the Commission determines that there 
has been a violation of any provision under subsection 
(a)(1), (b), or (c), or any of the provisions of sections 202 
through 209 of title 18. 
‘‘§ 15307. Tribal participation 
‘‘Governments of Indian tribes in the region of the 
Southwest Border Regional Commission shall be allowed 
to participate in matters before that Commission in the 
same manner and to the same extent as State agencies 
and instrumentalities in the region. 
‘‘§ 15308. Annual report 
‘‘(a) IN GENERAL.—Not later than 90 days after the 
last day of each fiscal year, each Commission shall submit 
to the President and Congress a report on the activities 
carried out by the Commission under this subtitle in the 
fiscal year. 
‘‘(b) CONTENTS.—The report shall include— 
‘‘(1) a description of the criteria used by the 
Commission to designate counties under section 
15702 and a list of the counties designated in each 
category; 
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‘‘(2) an evaluation of the progress of the Com-
mission in meeting the goals identified in the Com-
mission’s economic and infrastructure development 
plan under section 15303 and State economic and 
infrastructure development plans under section 
15502; and 
‘‘(3) any policy recommendations approved by 
the Commission. 
‘‘CHAPTER 3—FINANCIAL ASSISTANCE 
‘‘Sec. 
‘‘15501. Economic and infrastructure development grants. 
‘‘15502. Comprehensive economic and infrastructure development plans. 
‘‘15503. Approval of applications for assistance. 
‘‘15504. Program development criteria. 
‘‘15505. Local development districts and organizations. 
‘‘15506. Supplements to Federal grant programs. 
‘‘§ 15501. Economic and infrastructure development 
grants 
‘‘(a) IN GENERAL.—A Commission may make grants 
to States and local governments, Indian tribes, and public 
and nonprofit organizations for projects, approved in ac-
cordance with section 15503— 
‘‘(1) to develop the transportation infrastruc-
ture of its region; 
‘‘(2) to develop the basic public infrastructure 
of its region; 
‘‘(3) to develop the telecommunications infra-
structure of its region; 
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‘‘(4) to assist its region in obtaining job skills 
training, skills development and employment-related 
education, entrepreneurship, technology, and busi-
ness development; 
‘‘(5) to provide assistance to severely economi-
cally distressed and underdeveloped areas of its re-
gion that lack financial resources for improving 
basic health care and other public services; 
‘‘(6) to promote resource conservation, tourism, 
recreation, and preservation of open space in a man-
ner consistent with economic development goals; 
‘‘(7) to promote the development of renewable 
and alternative energy sources; and 
‘‘(8) to otherwise achieve the purposes of this 
subtitle. 
‘‘(b) ALLOCATION OF FUNDS.—A Commission shall 
allocate at least 40 percent of any grant amounts provided 
by the Commission in a fiscal year for projects described 
in paragraphs (1) through (3) of subsection (a). 
‘‘(c) SOURCES OF GRANTS.—Grant amounts may be 
provided entirely from appropriations to carry out this 
subtitle, in combination with amounts available under 
other Federal grant programs, or from any other source. 
‘‘(d) MAXIMUM COMMISSION CONTRIBUTIONS.— 
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‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the Commission may contribute not more 
than 50 percent of a project or activity cost eligible 
for financial assistance under this section from 
amounts appropriated to carry out this subtitle. 
‘‘(2) DISTRESSED
COUNTIES.—The maximum 
Commission contribution for a project or activity to 
be carried out in a county for which a distressed 
county designation is in effect under section 15702 
may be increased to 80 percent. 
‘‘(3) 
SPECIAL
RULE
FOR
REGIONAL 
PROJECTS.—A Commission may increase to 60 per-
cent under paragraph (1) and 90 percent under 
paragraph (2) the maximum Commission contribu-
tion for a project or activity if— 
‘‘(A) the project or activity involves 3 or 
more counties or more than one State; and 
‘‘(B) the Commission determines in ac-
cordance with section 15302(a) that the project 
or activity will bring significant interstate or 
multicounty benefits to a region. 
‘‘(e) MAINTENANCE
OF EFFORT.—Funds may be 
provided by a Commission for a program or project in a 
State under this section only if the Commission deter-
mines that the level of Federal or State financial assist-
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ance provided under a law other than this subtitle, for the 
same type of program or project in the same area of the 
State within region, will not be reduced as a result of 
funds made available by this subtitle. 
‘‘(f) NO RELOCATION ASSISTANCE.—Financial as-
sistance authorized by this section may not be used to as-
sist a person or entity in relocating from one area to an-
other. 
‘‘§ 15502. Comprehensive economic and infrastruc-
ture development plans 
‘‘(a) STATE PLANS.—In accordance with policies es-
tablished by a Commission, each State member of the 
Commission shall submit a comprehensive economic and 
infrastructure development plan for the area of the region 
represented by the State member. 
‘‘(b) CONTENT OF PLAN.—A State economic and in-
frastructure development plan shall reflect the goals, ob-
jectives, and priorities identified in any applicable eco-
nomic and infrastructure development plan developed by 
a Commission under section 15303. 
‘‘(c) CONSULTATION WITH INTERESTED LOCAL PAR-
TIES.—In carrying out the development planning process 
(including the selection of programs and projects for as-
sistance), a State shall— 
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‘‘(1) consult with local development districts, 
local units of government, and local colleges and uni-
versities; and 
‘‘(2) take into consideration the goals, objec-
tives, priorities, and recommendations of the entities 
described in paragraph (1). 
‘‘(d) PUBLIC PARTICIPATION.— 
‘‘(1) IN GENERAL.—A Commission and applica-
ble State and local development districts shall en-
courage and assist, to the maximum extent prac-
ticable, public participation in the development, revi-
sion, and implementation of all plans and programs 
under this subtitle. 
‘‘(2) GUIDELINES.—A Commission shall de-
velop guidelines for providing public participation, 
including public hearings. 
‘‘§ 15503. Approval of applications for assistance 
‘‘(a) EVALUATION BY STATE MEMBER.—An applica-
tion to a Commission for a grant or any other assistance 
for a project under this subtitle shall be made through, 
and evaluated for approval by, the State member of the 
Commission representing the applicant. 
‘‘(b) CERTIFICATION.—An application to a Commis-
sion for a grant or other assistance for a project under 
this subtitle shall be eligible for assistance only on certifi-
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procedures that ensure, to the maximum extent prac-
ticable, consideration of— 
‘‘(1) the relationship of the project or class of 
projects to overall regional development; 
‘‘(2) the per capita income and poverty and un-
employment and outmigration rates in an area; 
‘‘(3) the financial resources available to the ap-
plicants for assistance seeking to carry out the 
project, with emphasis on ensuring that projects are 
adequately financed to maximize the probability of 
successful economic development; 
‘‘(4) the importance of the project or class of 
projects in relation to the other projects or classes 
of projects that may be in competition for the same 
funds; 
‘‘(5) the prospects that the project for which as-
sistance is sought will improve, on a continuing rath-
er than a temporary basis, the opportunities for em-
ployment, the average level of income, or the eco-
nomic development of the area to be served by the 
project; and 
‘‘(6) the extent to which the project design pro-
vides for detailed outcome measurements by which 
grant expenditures and the results of the expendi-
tures may be evaluated. 
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‘‘§ 15505. Local development districts and organiza-
tions 
‘‘(a) GRANTS
TO
LOCAL
DEVELOPMENT
DIS-
TRICTS.—Subject to the requirements of this section, a 
Commission may make grants to a local development dis-
trict to assist in the payment of development planning and 
administrative expenses. 
‘‘(b) CONDITIONS FOR GRANTS.— 
‘‘(1) MAXIMUM
AMOUNT.—The amount of a 
grant awarded under this section may not exceed 80 
percent of the administrative and planning expenses 
of the local development district receiving the grant. 
‘‘(2) MAXIMUM
PERIOD
FOR
STATE
AGEN-
CIES.—In the case of a State agency certified as a 
local development district, a grant may not be 
awarded to the agency under this section for more 
than 3 fiscal years. 
‘‘(3) LOCAL
SHARE.—The contributions of a 
local development district for administrative ex-
penses may be in cash or in kind, fairly evaluated, 
including space, equipment, and services. 
‘‘(c) DUTIES
OF
LOCAL
DEVELOPMENT
DIS-
TRICTS.—A local development district shall— 
‘‘(1) operate as a lead organization serving 
multicounty areas in the region at the local level; 
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‘‘(2) assist the Commission in carrying out out-
reach activities for local governments, community 
development groups, the business community, and 
the public; 
‘‘(3) serve as a liaison between State and local 
governments, 
nonprofit 
organizations 
(including 
community-based groups and educational institu-
tions), the business community, and citizens; and 
‘‘(4) assist the individuals and entities described 
in paragraph (3) in identifying, assessing, and facili-
tating projects and programs to promote the eco-
nomic development of the region. 
‘‘§ 15506. Supplements to Federal grant programs 
‘‘(a) FINDING.—Congress finds that certain States 
and local communities of the region, including local devel-
opment districts, may be unable to take maximum advan-
tage of Federal grant programs for which the States and 
communities are eligible because— 
‘‘(1) they lack the economic resources to pro-
vide the required matching share; or 
‘‘(2) there are insufficient funds available under 
the applicable Federal law with respect to a project 
to be carried out in the region. 
‘‘(b) FEDERAL
GRANT
PROGRAM
FUNDING.—A 
Commission, with the approval of the Federal Cochair-
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person, may use amounts made available to carry out this 
subtitle— 
‘‘(1) for any part of the basic Federal contribu-
tion to projects or activities under the Federal grant 
programs authorized by Federal laws; and 
‘‘(2) to increase the Federal contribution to 
projects and activities under the programs above the 
fixed maximum part of the cost of the projects or 
activities otherwise authorized by the applicable law. 
‘‘(c) CERTIFICATION REQUIRED.—For a program, 
project, or activity for which any part of the basic Federal 
contribution to the project or activity under a Federal 
grant program is proposed to be made under subsection 
(b), the Federal contribution shall not be made until the 
responsible Federal official administering the Federal law 
authorizing the Federal contribution certifies that the pro-
gram, project, or activity meets the applicable require-
ments of the Federal law and could be approved for Fed-
eral contribution under that law if amounts were available 
under the law for the program, project, or activity. 
‘‘(d) LIMITATIONS
IN
OTHER
LAWS
INAPPLI-
CABLE.—Amounts provided pursuant to this subtitle are 
available without regard to any limitations on areas eligi-
ble for assistance or authorizations for appropriation in 
any other law. 
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‘‘(e) FEDERAL SHARE.—The Federal share of the 
cost of a project or activity receiving assistance under this 
section shall not exceed 80 percent. 
‘‘(f) MAXIMUM COMMISSION CONTRIBUTION.—Sec-
tion 15501(d), relating to limitations on Commission con-
tributions, shall apply to a program, project, or activity 
receiving assistance under this section. 
‘‘CHAPTER 4—ADMINISTRATIVE 
PROVISIONS 
‘‘SUBCHAPTER I—GENERAL PROVISIONS 
‘‘Sec. 15701. Consent of States. 
‘‘Sec. 15702. Distressed counties and areas. 
‘‘Sec. 15703. Counties eligible for assistance in more than one region. 
‘‘Sec. 15704. Inspector General; records. 
‘‘Sec. 15705. Biannual meetings of representatives of all Commissions. 
‘‘SUBCHAPTER II—DESIGNATION OF REGIONS 
‘‘Sec. 15731. Southeast Crescent Regional Commission. 
‘‘Sec. 15732. Southwest Border Regional Commission. 
‘‘Sec. 15733. Northern Border Regional Commission. 
‘‘SUBCHAPTER III—AUTHORIZATION OF APPROPRIATIONS 
‘‘Sec. 15751. Authorization of appropriations. 
‘‘SUBCHAPTER I—GENERAL PROVISIONS 
‘‘§ 15701. Consent of States 
‘‘This subtitle does not require a State to engage in 
or accept a program under this subtitle without its con-
sent. 
‘‘§ 15702. Distressed counties and areas 
‘‘(a) DESIGNATIONS.—Not later than 90 days after 
the date of the enactment of this section, and annually 
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thereafter, each Commission shall make the following des-
ignations: 
‘‘(1) DISTRESSED COUNTIES.—The Commission 
shall designate as distressed counties those counties 
in its region that are the most severely and persist-
ently economically distressed and underdeveloped 
and have high rates of poverty, unemployment, or 
outmigration. 
‘‘(2) TRANSITIONAL COUNTIES.—The Commis-
sion shall designate as transitional counties those 
counties in its region that are economically dis-
tressed and underdeveloped or have recently suffered 
high rates of poverty, unemployment, or outmigra-
tion. 
‘‘(3) ATTAINMENT
COUNTIES.—The Commis-
sion shall designate as attainment counties, those 
counties in its region that are not designated as dis-
tressed or transitional counties under this sub-
section. 
‘‘(4) ISOLATED
AREAS
OF
DISTRESS.—The 
Commission shall designate as isolated areas of dis-
tress, areas located in counties designated as attain-
ment counties under paragraph (3) that have high 
rates of poverty, unemployment, or outmigration. 
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‘‘(b) ALLOCATION.—A Commission shall allocate at 
least 50 percent of the appropriations made available to 
the Commission to carry out this subtitle for programs 
and projects designed to serve the needs of distressed 
counties and isolated areas of distress in the region. 
‘‘(c) ATTAINMENT COUNTIES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), funds may not be provided under this 
subtitle for a project located in a county designated 
as an attainment county under subsection (a). 
‘‘(2) EXCEPTIONS.— 
‘‘(A) 
ADMINISTRATIVE
EXPENSES
OF 
LOCAL DEVELOPMENT DISTRICTS.—The fund-
ing prohibition under paragraph (1) shall not 
apply to grants to fund the administrative ex-
penses of local development districts under sec-
tion 15505. 
‘‘(B) 
MULTICOUNTY
AND
OTHER 
PROJECTS.—A Commission may waive the ap-
plication of the funding prohibition under para-
graph (1) with respect to— 
‘‘(i) a multicounty project that in-
cludes participation by an attainment 
county; and 
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‘‘(ii) any other type of project, if a 
Commission determines that the project 
could bring significant benefits to areas of 
the region outside an attainment county. 
‘‘(3) ISOLATED
AREAS
OF
DISTRESS.—For a 
designation of an isolated area of distress to be ef-
fective, the designation shall be supported— 
‘‘(A) by the most recent Federal data 
available; or 
‘‘(B) if no recent Federal data are avail-
able, by the most recent data available through 
the government of the State in which the iso-
lated area of distress is located. 
‘‘§ 15703. Counties eligible for assistance in more 
than one region 
‘‘(a) LIMITATION.—A political subdivision of a State 
may not receive assistance under this subtitle in a fiscal 
year from more than one Commission. 
‘‘(b) SELECTION OF COMMISSION.—A political sub-
division included in the region of more than one Commis-
sion shall select the Commission with which it will partici-
pate by notifying, in writing, the Federal Cochairperson 
and the appropriate State member of that Commission. 
‘‘(c) CHANGES IN SELECTIONS.—The selection of a 
Commission by a political subdivision shall apply in the 
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fiscal year in which the selection is made, and shall apply 
in each subsequent fiscal year unless the political subdivi-
sion, at least 90 days before the first day of the fiscal 
year, notifies the Cochairpersons of another Commission 
in writing that the political subdivision will participate in 
that Commission and also transmits a copy of such notifi-
cation to the Cochairpersons of the Commission in which 
the political subdivision is currently participating. 
‘‘(d) INCLUSION OF APPALACHIAN REGIONAL COM-
MISSION.—In this section, the term ‘Commission’ includes 
the Appalachian Regional Commission established under 
chapter 143. 
‘‘§ 15704. Inspector General; records 
‘‘(a) APPOINTMENT
OF
INSPECTOR
GENERAL.— 
There shall be an Inspector General for the Commissions 
appointed in accordance with section 3(a) of the Inspector 
General Act of 1978 (5 U.S.C. App.). All of the Commis-
sions shall be subject to a single Inspector General. 
‘‘(b) RECORDS OF A COMMISSION.— 
‘‘(1) IN GENERAL.—A Commission shall main-
tain accurate and complete records of all its trans-
actions and activities. 
‘‘(2) AVAILABILITY.—All records of a Commis-
sion shall be available for audit and examination by 
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the Inspector General (including authorized rep-
resentatives of the Inspector General). 
‘‘(c) RECORDS OF RECIPIENTS OF COMMISSION AS-
SISTANCE.— 
‘‘(1) IN GENERAL.—A recipient of funds from 
a Commission under this subtitle shall maintain ac-
curate and complete records of transactions and ac-
tivities financed with the funds and report to the 
Commission on the transactions and activities. 
‘‘(2) 
AVAILABILITY.—All 
records 
required 
under paragraph (1) shall be available for audit by 
the Commission and the Inspector General (includ-
ing authorized representatives of the Commission 
and the Inspector General). 
‘‘(d) ANNUAL AUDIT.—The Inspector General shall 
audit the activities, transactions, and records of each 
Commission on an annual basis. 
‘‘§ 15705. Biannual meetings of representatives of all 
Commissions 
‘‘(a) IN GENERAL.—Representatives of each Com-
mission, the Appalachian Regional Commission, and the 
Denali Commission shall meet biannually to discuss issues 
confronting regions suffering from chronic and contiguous 
distress and successful strategies for promoting regional 
development. 
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‘‘(b) CHAIR OF MEETINGS.—The chair of each meet-
ing shall rotate among the Commissions, with the Appa-
lachian Regional Commission to host the first meeting. 
‘‘SUBCHAPTER II—DESIGNATION OF REGIONS 
‘‘§ 15731. Southeast Crescent Regional Commission 
‘‘The region of the Southeast Crescent Regional 
Commission shall consist of all counties of the States of 
Virginia, North Carolina, South Carolina, Georgia, Ala-
bama, Mississippi, and Florida not already served by the 
Appalachian Regional Commission or the Delta Regional 
Authority. 
‘‘§ 15732. Southwest Border Regional Commission 
‘‘The region of the Southwest Border Regional Com-
mission shall consist of the following political subdivisions: 
‘‘(1) ARIZONA.—The counties of Cochise, Gila, 
Graham, Greenlee, La Paz, Maricopa, Pima, Pinal, 
Santa Cruz, and Yuma in the State of Arizona. 
‘‘(2) CALIFORNIA.—The counties of Imperial, 
Los Angeles, Orange, Riverside, San Bernardino, 
San Diego, and Ventura in the State of California. 
‘‘(3) NEW MEXICO.—The counties of Catron, 
Chaves, Dona Ana, Eddy, Grant, Hidalgo, Lincoln, 
Luna, Otero, Sierra, and Socorro in the State of 
New Mexico. 
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‘‘(4) 
TEXAS.—The 
counties 
of 
Atascosa, 
Bandera, Bee, Bexar, Brewster, Brooks, Cameron, 
Coke, Concho, Crane, Crockett, Culberson, Dimmit, 
Duval, Ector, Edwards, El Paso, Frio, Gillespie, 
Glasscock, Hidalgo, Hudspeth, Irion, Jeff Davis, 
Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, 
Kerr, Kimble, Kinney, Kleberg, La Salle, Live Oak, 
Loving, Mason, Maverick, McMullen, Medina, Men-
ard, Midland, Nueces, Pecos, Presidio, Reagan, 
Real, Reeves, San Patricio, Shleicher, Sutton, Starr, 
Sterling, Terrell, Tom Green Upton, Uvalde, Val 
Verde, Ward, Webb, Willacy, Wilson, Winkler, Za-
pata, and Zavala in the State of Texas. 
‘‘§ 15733. Northern Border Regional Commission 
‘‘The region of the Northern Border Regional Com-
mission shall include the following counties: 
‘‘(1) MAINE.—The counties of Androscoggin, 
Aroostook, Franklin, Hancock, Kennebec, Knox, Ox-
ford, Penobscot, Piscataquis, Somerset, Waldo, and 
Washington in the State of Maine. 
‘‘(2) NEW HAMPSHIRE.—The counties of Car-
roll, Coos, Grafton, and Sullivan in the State of New 
Hampshire. 
‘‘(3) NEW
YORK.—The counties of Cayuga, 
Clinton, Essex, Franklin, Fulton, Hamilton, Her-
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kimer, Jefferson, Lewis, Madison, Oneida, Oswego, 
Seneca, and St. Lawrence in the State of New York. 
‘‘(4) VERMONT.—The counties of Caledonia, 
Essex, Franklin, Grand Isle, Lamoille, and Orleans 
in the State of Vermont. 
‘‘SUBCHAPTER III—AUTHORIZATION OF 
APPROPRIATIONS 
‘‘§ 15751. Authorization of appropriations 
‘‘(a) IN GENERAL.—There is authorized to be appro-
priated to each Commission to carry out this subtitle 
$30,000,000 for each of fiscal years 2008 through 2012. 
‘‘(b) ADMINISTRATIVE EXPENSES.—Not more than 
10 percent of the funds made available to a Commission 
in a fiscal year under this section may be used for admin-
istrative expenses.’’. 
(b) CLERICAL AMENDMENT
TO TABLE
OF SUB-
TITLES.—The table of subtitles for chapter 40, United 
States Code, is amended by striking the item relating to 
subtitle V and inserting the following: 
‘‘V. REGIONAL ECONOMIC AND INFRASTRUCTURE DEVEL-
OPMENT ...................................................................... 15101
‘‘VI. MISCELLANEOUS ......................................................................... 17101’’. 
(c) CONFORMING AMENDMENTS TO INSPECTOR GEN-
ERAL ACT.—Section 11 of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended— 
(1) in paragraph (1), by striking ‘‘or the Presi-
dent of the Export-Import Bank;’’ and inserting 
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‘‘the President of the Export-Import Bank; or the 
Federal Cochairpersons of the Commissions estab-
lished under section 15301 of title 40, United States 
Code;’’; and 
(2) in paragraph (2), by striking ‘‘or the Ex-
port-Import Bank,’’ and inserting ‘‘the Export-Im-
port Bank, or the Commissions established under 
section 15301 of title 40, United States Code,’’. 
(d) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall take effect on the first 
day of the first fiscal year beginning after the date of the 
enactment of this Act. 
SEC. 14218. COORDINATOR FOR CHRONICALLY UNDER-
SERVED RURAL AREAS. 
(a) ESTABLISHMENT.—The Secretary of Agriculture 
shall establish a Coordinator for Chronically Underserved 
Rural Areas (in this section referred to as the ‘‘Coordi-
nator’’), to be located in the Rural Development Mission 
Area. 
(b) MISSION.—The mission of the Coordinator shall 
be to direct Department of Agriculture resources to high 
need, high poverty rural areas. 
(c) DUTIES.—The Coordinator shall consult with 
other offices in directing technical assistance, strategic re-
gional planning, at the State and local level, for developing 
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rural economic development that leverages the resources 
of State and local governments and non-profit and com-
munity development organizations. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as necessary to carry out this section for fiscal years 
2008 through 2012. 
SEC. 14219. ELIMINATION OF STATUTE OF LIMITATIONS AP-
PLICABLE TO COLLECTION OF DEBT BY AD-
MINISTRATIVE OFFSET. 
(a) ELIMINATION.—Section 3716(e) of title 31, 
United States Code, is amended to read as follows: 
‘‘(e)(1) Notwithstanding any other provision of law, 
regulation, or administrative limitation, no limitation on 
the period within which an offset may be initiated or taken 
pursuant to this section shall be effective. 
‘‘(2) This section does not apply when a statute ex-
plicitly prohibits using administrative offset or setoff to 
collect the claim or type of claim involved.’’. 
(b) APPLICATION OF AMENDMENT.—The amendment 
made by subsection (a) shall apply to any debt outstanding 
on or after the date of the enactment of this Act. 
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SEC. 14220. AVAILABILITY OF EXCESS AND SURPLUS COM-
PUTERS IN RURAL AREAS. 
In addition to any other authority, the Secretary of 
Agriculture may make available to an organization excess 
or surplus computers or other technical equipment of the 
Department of Agriculture for the purposes of distribution 
to a city, town, or local government entity in a rural area 
(as defined in section 343(a)(13)(A) of the Consolidated 
Farm and Rural Development Act). 
SEC. 14221. REPEAL OF SECTION 3068 OF THE WATER RE-
SOURCES DEVELOPMENT ACT OF 2007. 
Effective upon the date of enactment of this Act, sec-
tion 3068 of the Water Resources Development Act of 
2007 (Public Law 110-114; 121 Stat. 1123), and the item 
relating to section 3068 in the table of contents of that 
Act, are repealed. 
SEC. 14222. DOMESTIC FOOD ASSISTANCE PROGRAMS. 
(a) DEFINITION OF SECTION 32.—In this section, the 
term ‘‘section 32’’ means section 32 of the Act of August 
24, 1935 (7 U.S.C. 612c). 
(b) TRANSFER
TO FOOD
AND NUTRITION SERV-
ICE.— 
(1) IN GENERAL.—Amounts made available for 
a fiscal year to carry out section 32 in excess of the 
maximum amount calculated under paragraph (2) 
shall be transferred to the Secretary, acting through 
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the Administrator of the Food and Nutrition Serv-
ice, to be used to carry out the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et 
seq.). 
(2) 
MAXIMUM
AMOUNT.—The 
maximum 
amount calculated under this paragraph for a fiscal 
year is the sum of— 
(A)(i) in the case of fiscal year 2009, 
$1,173,000,000; 
(ii) in the case of fiscal year 2010, 
$1,199,000,000; 
(iii) in the case of fiscal year 2011, 
$1,215,000,000; 
(iv) in the case of fiscal year 2012, 
$1,231,000,000; 
(v) in the case of fiscal year 2013, 
$1,248,000,000; 
(vi) in the case of fiscal year 2014, 
$1,266,000,000; 
(vii) in the case of fiscal year 2015, 
$1,284,000,000; 
(viii) in the case of fiscal year 2016, 
$1,303,000,000; 
(ix) in the case of fiscal year 2017, 
$1,322,000,000; and 
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(x) for fiscal year 2018 and each fiscal 
year thereafter, the amount made available for 
the preceding fiscal year, as adjusted to reflect 
changes for the 12-month period ending on the 
preceding November 30 in the Consumer Price 
Index for All Urban Consumers published by 
the Bureau of Labor Statistics of the Depart-
ment of Labor; and 
(B) any transfers for the fiscal year from sec-
tion 32 to the Department of Commerce under the 
Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 
seq.). 
(c) FRESH FRUIT AND VEGETABLE PROGRAM.—Of 
amounts made available to carry out section 32 under sub-
section (b)(2)(A), the Secretary shall transfer for use to 
carry out the fresh fruit and vegetable program under sec-
tion 19 of the Richard B. Russell National School Lunch 
Act the amounts specified in subsection (i) of that section. 
(d) WHOLE GRAIN PRODUCTS.—Of amounts made 
available to carry out section 32 under subsection 
(b)(2)(A), the Secretary shall use to carry out section 
4305 $4,000,000 for fiscal year 2009. 
(e) MAINTENANCE OF FUNDING.—The funding pro-
vided under subsections (c) and (d) shall supplement (and 
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not supplant) other Federal funding (including section 32 
funding) for programs carried out under— 
(1) the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.), except for sec-
tion 19 of that Act; 
(2) the Emergency Food Assistance Act of 
1983 (7 U.S.C. 7501 et seq.); and 
(3) section 27 of the Food Stamp Act of 1977 
(7 U.S.C. 2036). 
SEC. 14223. TECHNICAL CORRECTION. 
Section 923(1)(B) of the Federal Agriculture Im-
provement and Reform Act of 1996 (7 U.S.C. 
2206a(1)(B)) is amended by striking ‘‘as defined in sec-
tion 316(b) of the Higher Education Act of 1965 (20 
U.S.C. 1059c(b))’’ and inserting ‘‘as defined in section 
502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 
1101a(a)(5))’’. 
TITLE XV—TRADE AND TAX 
PROVISIONS 
SEC. 15001. SHORT TITLE; ETC. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Heartland, Habitat, Harvest, and Horticulture Act of 
2008’’. 
(b) AMENDMENTS TO 1986 CODE.—Except as other-
wise expressly provided, whenever in this title an amend-
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ment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provi-
sion of the Internal Revenue Code of 1986. 
Subtitle A—Supplemental Agricul-
tural Disaster Assistance From 
the Agricultural Disaster Relief 
Trust Fund 
SEC. 15101. SUPPLEMENTAL AGRICULTURAL DISASTER AS-
SISTANCE. 
(a) IN GENERAL.—The Trade Act of 1974 (19 
U.S.C. 2101 et seq.) is amended by adding at the end 
the following: 
‘‘TITLE IX—SUPPLEMENTAL AG-
RICULTURAL 
DISASTER 
AS-
SISTANCE 
‘‘SEC. 901. SUPPLEMENTAL AGRICULTURAL DISASTER AS-
SISTANCE. 
‘‘(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 noninsurable com-
modity, as calculated under the Federal Crop Insur-
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ance Act (7 U.S.C. 1501 et seq.) or the noninsured 
crop disaster assistance program, respectively. 
‘‘(2) ADJUSTED ACTUAL PRODUCTION HISTORY 
YIELD.—The term ‘adjusted actual production his-
tory yield’ means— 
‘‘(A) in the case of an eligible producer on 
a farm that has at least 4 years of actual pro-
duction history yields for an insurable com-
modity that are established other than pursuant 
to section 508(g)(4)(B) of the Federal Crop In-
surance Act (7 U.S.C. 1508(g)(4)(B)), the ac-
tual production history 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 pro-
duction history yields for an insurable com-
modity, of which 1 or more were established 
pursuant to section 508(g)(4)(B) of that Act, 
the actual production history for the eligible 
producer as calculated without including the 
lowest of the yields established pursuant to sec-
tion 508(g)(4)(B) of that Act; and 
‘‘(C) in all other cases, the actual produc-
tion history of the eligible producer on a farm. 
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‘‘(3) ADJUSTED NONINSURED CROP DISASTER 
ASSISTANCE PROGRAM 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 as-
sistance program that are not replacement 
yields, the noninsured crop disaster assistance 
program yield without regard to any replace-
ment yields; 
‘‘(B) in the case of an eligible producer on 
a farm that less than 4 years of production his-
tory under the noninsured crop disaster assist-
ance program that are not replacement yields, 
the noninsured crop disaster assistance pro-
gram yield as calculated without including the 
lowest of the replacement yields; and 
‘‘(C) in all other cases, the production his-
tory of the eligible producer on the farm under 
the noninsured crop disaster assistance pro-
gram. 
‘‘(4) COUNTER-CYCLICAL
PROGRAM
PAYMENT 
YIELD.—The term ‘counter-cyclical program pay-
ment yield’ means the weighted average payment 
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yield established under section 1102 of the Farm Se-
curity and Rural Investment Act of 2002 (7 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 geo-
graphic 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 cal-
endar 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 Sec-
retary. 
‘‘(6) ELIGIBLE PRODUCER ON A FARM.— 
‘‘(A) IN GENERAL.—The term ‘eligible pro-
ducer on a farm’ means an individual or entity 
described in subparagraph (B) that, as deter-
mined by the Secretary, assumes the production 
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and market risks associated with the agricul-
tural production of crops or livestock. 
‘‘(B) DESCRIPTION.—An individual or en-
tity 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 
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‘‘(III) the payment yield for the 
commodity that is equal to the higher 
of— 
‘‘(aa) 
the 
adjusted 
non-
insured crop assistance program 
yield guarantee; or 
‘‘(bb) 
the 
counter-cyclical 
program payment yield for each 
crop. 
‘‘(B) 
ADJUSTMENT
INSURANCE
GUAR-
ANTEE.—Notwithstanding 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 prevented 
planting, the adjusted insurance guarantee shall 
be the basis for determining the disaster assist-
ance program guarantee for the insurable com-
modity. 
‘‘(C) ADJUSTED
ASSISTANCE
LEVEL.— 
Notwithstanding subparagraph (A), in the case 
of a noninsurable commodity for which the non-
insured crop assistance program provides for an 
adjustment in the level of assistance, such as in 
the case of unharvested crops, the adjusted as-
sistance level shall be the basis for determining 
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