1111 
termines a different composition percent-
age is appropriate); 
‘‘(iv) set forth recommended practices 
with 
respect 
to 
the 
procurement 
of 
biobased products and items containing 
such materials; 
‘‘(v) provide information as to the 
availability, relative price, performance, 
and environmental and public health bene-
fits of such materials and items; and 
‘‘(vi) take effect on the date estab-
lished in the guidelines, which may not ex-
ceed 1 year after publication. 
‘‘(C) INFORMATION PROVIDED.—Informa-
tion provided pursuant to subparagraph (B)(v) 
with respect to a material or item shall be con-
sidered to be provided for another item made 
with the same material or item. 
‘‘(D) 
PROHIBITION.—Guidelines 
issued 
under this paragraph may not require a manu-
facturer or vendor of biobased products, as a 
condition of the purchase of biobased products 
from the manufacturer or vendor, to provide to 
procuring agencies more data than would be re-
quired to be provided by other manufacturers or 
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vendors offering products for sale to a pro-
curing agency, other than data confirming the 
biobased content of a product. 
‘‘(E) 
QUALIFYING
PURCHASES.—The 
guidelines shall apply with respect to any pur-
chase or acquisition of a procurement item for 
which— 
‘‘(i) the purchase price of the item ex-
ceeds $10,000; or 
‘‘(ii) the quantity of the items or of 
functionally-equivalent items purchased or 
acquired during the preceding fiscal year 
was at least $10,000. 
‘‘(4) ADMINISTRATION.— 
‘‘(A) OFFICE OF FEDERAL PROCUREMENT 
POLICY.—The Office of Federal Procurement 
Policy, in cooperation with the Secretary, 
shall— 
‘‘(i) coordinate the implementation of 
this subsection with other policies for Fed-
eral procurement; 
‘‘(ii) annually collect the information 
required to be reported under subpara-
graph (B) and make the information pub-
licly available; 
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‘‘(iii) take a leading role in informing 
Federal agencies concerning, and pro-
moting the adoption of and compliance 
with, 
procurement 
requirements 
for 
biobased products by Federal agencies; and 
‘‘(iv) not less than once every 2 years, 
submit to Congress a report that— 
‘‘(I) describes the progress made 
in carrying out this subsection; and 
‘‘(II) contains a summary of the 
information reported pursuant to sub-
paragraph (B). 
‘‘(B) OTHER AGENCIES.—To assist the Of-
fice of Federal Procurement Policy in carrying 
out subparagraph (A)— 
‘‘(i) each procuring agency shall sub-
mit each year to the Office of Federal Pro-
curement Policy, to the maximum extent 
practicable, information concerning— 
‘‘(I) actions taken to implement 
paragraph (2); 
‘‘(II) the results of the annual re-
view and monitoring program estab-
lished under paragraph (2)(C)(iv); 
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‘‘(III) the number and dollar 
value of contracts entered into during 
the year that include the direct pro-
curement of biobased products; 
‘‘(IV) the number of service and 
construction (including renovations) 
contracts entered into during the year 
that include language on the use of 
biobased products; and 
‘‘(V) the types and dollar value 
of biobased products actually used by 
contractors in carrying out service 
and construction (including renova-
tions) contracts during the previous 
year; and 
‘‘(ii) the General Services Administra-
tion and the Defense Logistics Agency 
shall submit each year to the Office of 
Federal Procurement Policy information 
concerning, to the maximum extent prac-
ticable, the types and dollar value of 
biobased products purchased by procuring 
agencies. 
‘‘(C) PROCUREMENT SUBJECT TO OTHER 
LAW.—Any procurement by any Federal agency 
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that is subject to regulations of the Adminis-
trator under section 6002 of the Solid Waste 
Disposal Act (42 U.S.C. 6962) shall not be sub-
ject to the requirements of this section to the 
extent that the requirements are inconsistent 
with the regulations. 
‘‘(b) LABELING.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Administrator, shall establish a vol-
untary program under which the Secretary author-
izes producers of biobased products to use the label 
‘USDA Certified Biobased Product’. 
‘‘(2) ELIGIBILITY CRITERIA.— 
‘‘(A) CRITERIA.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the date of the enactment of the 
Food, Conservation, and Energy Act of 
2008 and except as provided in clause (ii), 
the Secretary, in consultation with the Ad-
ministrator and representatives from small 
and large businesses, academia, other Fed-
eral agencies, and such other persons as 
the Secretary considers appropriate, shall 
issue criteria (as of the date of enactment 
of that Act) for determining which prod-
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ucts may qualify to receive the label under 
paragraph (1). 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply to final criteria that have been 
issued (as of the date of enactment of that 
Act) by the Secretary. 
‘‘(B) 
REQUIREMENTS.—Criteria 
issued 
under subparagraph (A) shall— 
‘‘(i) encourage the purchase of prod-
ucts with the maximum biobased content; 
‘‘(ii) provide that the Secretary may 
designate as biobased for the purposes of 
the voluntary program established under 
this subsection finished products that con-
tain significant portions of biobased mate-
rials or components; and 
‘‘(iii) to the maximum extent prac-
ticable, be consistent with the guidelines 
issued under subsection (a)(3). 
‘‘(3) USE OF LABEL.—The Secretary shall en-
sure that the label referred to in paragraph (1) is 
used only on products that meet the criteria issued 
pursuant to paragraph (2). 
‘‘(c) RECOGNITION.—The Secretary shall— 
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‘‘(1) establish a program to recognize Federal 
agencies and private entities that use a substantial 
amount of biobased products; and 
‘‘(2) encourage Federal agencies to establish in-
centives programs to recognize Federal employees or 
contractors that make exceptional contributions to 
the expanded use of biobased products. 
‘‘(d) LIMITATION.—Nothing in this section shall 
apply to the procurement of motor vehicle fuels, heating 
oil, or electricity. 
‘‘(e) INCLUSION.—Effective beginning on the date 
that is 90 days after the date of enactment of the Food, 
Conservation, and Energy Act of 2008, the Architect of 
the Capitol, the Sergeant at Arms of the Senate, and the 
Chief Administrative Officer of the House of Representa-
tives shall consider the biobased product designations 
made under this section in making procurement decisions 
for the Capitol Complex. 
‘‘(f) NATIONAL TESTING CENTER REGISTRY.—The 
Secretary shall establish a national registry of testing cen-
ters for biobased products that will serve biobased product 
manufacturers. 
‘‘(g) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Food, Conserva-
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tion, and Energy Act of 2008 and each year there-
after, the Secretary shall submit to Congress a re-
port on the implementation of this section. 
‘‘(2) CONTENTS.—The report shall include— 
‘‘(A) a comprehensive management plan 
that 
establishes 
tasks, 
milestones, 
and 
timelines, organizational roles and responsibil-
ities, and funding allocations for fully imple-
menting this section; and 
‘‘(B) information on the status of imple-
mentation of— 
‘‘(i) item designations (including des-
ignation of intermediate ingredients and 
feedstocks); and 
‘‘(ii) the voluntary labeling program 
established under subsection (b). 
‘‘(h) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary 
shall use to provide mandatory funding for biobased 
products testing and labeling as required to carry 
out this section— 
‘‘(A) $1,000,000 for fiscal year 2008; and 
‘‘(B) $2,000,000 for each of fiscal years 
2009 through 2012. 
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‘‘(2) DISCRETIONARY FUNDING.—In addition to 
any other funds made available to carry out this sec-
tion, there is authorized to be appropriated to carry 
out this section $2,000,000 for each of fiscal years 
2009 through 2012. 
‘‘SEC. 9003. BIOREFINERY ASSISTANCE. 
‘‘(a) PURPOSE.—The purpose of this section is to as-
sist in the development of new and emerging technologies 
for the development of advanced biofuels, so as to— 
‘‘(1) increase the energy independence of the 
United States; 
‘‘(2) promote resource conservation, public 
health, and the environment; 
‘‘(3) diversify markets for agricultural and for-
estry products and agriculture waste material; and 
‘‘(4) create jobs and enhance the economic de-
velopment of the rural economy. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means an individual, entity, Indian tribe, or 
unit of State or local government, including a cor-
poration, farm cooperative, farmer cooperative orga-
nization, association of agricultural producers, Na-
tional Laboratory, institution of higher education, 
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rural electric cooperative, public power entity, or 
consortium of any of those entities. 
‘‘(2) ELIGIBLE TECHNOLOGY.—The term ‘eligi-
ble technology’ means, as determined by the Sec-
retary— 
‘‘(A) a technology that is being adopted in 
a viable commercial-scale operation of a bio-
refinery that produces an advanced biofuel; and 
‘‘(B) a technology not described in sub-
paragraph (A) that has been demonstrated to 
have technical and economic potential for com-
mercial application in a biorefinery that pro-
duces an advanced biofuel. 
‘‘(c) ASSISTANCE.—The Secretary shall make avail-
able to eligible entities— 
‘‘(1) grants to assist in paying the costs of the 
development and construction of demonstration-scale 
biorefineries to demonstrate the commercial viability 
of 1 or more processes for converting renewable bio-
mass to advanced biofuels; and 
‘‘(2) guarantees for loans made to fund the de-
velopment, construction, and retrofitting of commer-
cial-scale biorefineries using eligible technology. 
‘‘(d) GRANTS.— 
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‘‘(1) COMPETITIVE BASIS.—The Secretary shall 
award grants under subsection (c)(1) on a competi-
tive basis. 
‘‘(2) SELECTION CRITERIA.— 
‘‘(A) IN
GENERAL.—In approving grant 
applications, the Secretary shall establish a pri-
ority scoring system that assigns priority scores 
to each application and only approve applica-
tions that exceed a specified minimum, as de-
termined by the Secretary. 
‘‘(B) FEASIBILITY.—In approving a grant 
application, the Secretary shall determine the 
technical and economic feasibility of the project 
based on a feasibility study of the project de-
scribed in the application conducted by an inde-
pendent third party. 
‘‘(C) SCORING
SYSTEM.—In determining 
the priority scoring system, the Secretary shall 
consider— 
‘‘(i) the potential market for the ad-
vanced biofuel and the byproducts pro-
duced; 
‘‘(ii) the level of financial participation 
by the applicant, including support from 
non-Federal and private sources; 
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‘‘(iii) whether the applicant is pro-
posing to use a feedstock not previously 
used in the production of advanced 
biofuels; 
‘‘(iv) whether the applicant is pro-
posing to work with producer associations 
or cooperatives; 
‘‘(v) whether the applicant has estab-
lished that the adoption of the process pro-
posed in the application will have a positive 
impact on resource conservation, public 
health, and the environment; 
‘‘(vi) the potential for rural economic 
development; 
‘‘(vii) whether the area in which the 
applicant proposes to locate the biorefinery 
has other similar facilities; 
‘‘(viii) whether the project can be rep-
licated; and 
‘‘(ix) scalability for commercial use. 
‘‘(3) COST SHARING.— 
‘‘(A) LIMITS.—The amount of a grant 
awarded for development and construction of a 
biorefinery under subsection (c)(1) shall not ex-
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ceed an amount equal to 30 percent of the cost 
of the project. 
‘‘(B) FORM OF GRANTEE SHARE.— 
‘‘(i) IN GENERAL.—The grantee share 
of the cost of a project may be made in the 
form of cash or material. 
‘‘(ii) LIMITATION.—The amount of 
the grantee share that is made in the form 
of material shall not exceed 15 percent of 
the amount of the grantee share deter-
mined under subparagraph (A). 
‘‘(e) LOAN GUARANTEES.— 
‘‘(1) SELECTION CRITERIA.— 
‘‘(A) IN
GENERAL.—In approving loan 
guarantee applications, the Secretary shall es-
tablish a priority scoring system that assigns 
priority scores to each application and only ap-
prove applications that exceed a specified min-
imum, as determined by the Secretary. 
‘‘(B) FEASIBILITY.—In approving a loan 
guarantee application, the Secretary shall deter-
mine the technical and economic feasibility of 
the project based on a feasibility study of the 
project described in the application conducted 
by an independent third party. 
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‘‘(C) SCORING
SYSTEM.—In determining 
the priority scoring system for loan guarantees 
under subsection (c)(2), the Secretary shall con-
sider— 
‘‘(i) whether the applicant has estab-
lished a market for the advanced biofuel 
and the byproducts produced; 
‘‘(ii) whether the area in which the 
applicant proposes to place the biorefinery 
has other similar facilities; 
‘‘(iii) whether the applicant is pro-
posing to use a feedstock not previously 
used in the production of advanced 
biofuels; 
‘‘(iv) whether the applicant is pro-
posing to work with producer associations 
or cooperatives; 
‘‘(v) the level of financial participation 
by the applicant, including support from 
non-Federal and private sources; 
‘‘(vi) whether the applicant has estab-
lished that the adoption of the process pro-
posed in the application will have a positive 
impact on resource conservation, public 
health, and the environment; 
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‘‘(vii) whether the applicant can estab-
lish that if adopted, the biofuels production 
technology proposed in the application will 
not have any significant negative impacts 
on existing manufacturing plants or other 
facilities that use similar feedstocks; 
‘‘(viii) the potential for rural economic 
development; 
‘‘(ix) the level of local ownership pro-
posed in the application; and 
‘‘(x) whether the project can be rep-
licated. 
‘‘(2) LIMITATIONS.— 
‘‘(A) MAXIMUM AMOUNT OF LOAN GUAR-
ANTEED.—The principal amount of a loan 
guaranteed under subsection (c)(2) may not ex-
ceed $250,000,000. 
‘‘(B) MAXIMUM
PERCENTAGE
OF
LOAN 
GUARANTEED.— 
‘‘(i) IN GENERAL.—Except as other-
wise provided in this subparagraph, a loan 
guaranteed under subsection (c)(2) shall be 
in an amount not to exceed 80 percent of 
the project costs, as determined by the 
Secretary. 
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‘‘(ii) OTHER DIRECT FEDERAL FUND-
ING.—The amount of a loan guaranteed 
for a project under subsection (c)(2) shall 
be reduced by the amount of other direct 
Federal funding that the eligible entity re-
ceives for the same project. 
‘‘(iii) AUTHORITY
TO
GUARANTEE 
THE LOAN.—The Secretary may guarantee 
up to 90 percent of the principal and inter-
est due on a loan guaranteed under sub-
section (c)(2). 
‘‘(C) LOAN GUARANTEE FUND DISTRIBU-
TION.—Of the funds made available for loan 
guarantees for a fiscal year under subsection 
(h), 50 percent of the funds shall be reserved 
for obligation during the second half of the fis-
cal year. 
‘‘(f) CONSULTATION.—In carrying out this section, 
the Secretary shall consult with the Secretary of Energy. 
‘‘(g) CONDITION ON PROVISION OF ASSISTANCE.— 
‘‘(1) IN GENERAL.—As a condition of receiving 
a grant or loan guarantee under this section, an eli-
gible entity shall ensure that all laborers and me-
chanics employed by contractors or subcontractors in 
the performance of construction work financed, in 
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whole or in part, with the grant or loan guarantee, 
as the case may be, shall be paid wages at rates not 
less than those prevailing on similar construction in 
the locality, as determined by the Secretary of Labor 
in accordance with sections 3141 through 3144, 
3146, and 3147 of title 40, United States Code. 
‘‘(2) AUTHORITY AND FUNCTIONS.—The Sec-
retary of Labor shall have, with respect to the labor 
standards described in paragraph (1), the authority 
and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (5 U.S.C. App) and section 
3145 of title 40, United States Code. 
‘‘(h) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary 
shall use for the cost of loan guarantees under this 
section, to remain available until expended— 
‘‘(A) $75,000,000 for fiscal year 2009; and 
‘‘(B) $245,000,000 for fiscal year 2010. 
‘‘(2) DISCRETIONARY FUNDING.—In addition to 
any other funds made available to carry out this sec-
tion, there is authorized to be appropriated to carry 
out this section $150,000,000 for each of fiscal 
years 2009 through 2012. 
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‘‘(C) the cost and cost effectiveness of the 
renewable biomass system. 
‘‘(c) ELIGIBILITY.—To be eligible to receive a pay-
ment under this section, a biorefinery shall demonstrate 
to the Secretary that the renewable biomass system of the 
biorefinery is feasible based on an independent feasibility 
study that takes into account the economic, technical and 
environmental aspects of the system. 
‘‘(d) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary 
shall use to make payments under this section 
$35,000,000 for fiscal year 2009, to remain avail-
able until expended. 
‘‘(2) DISCRETIONARY FUNDING.—In addition to 
any other funds made available to carry out this sec-
tion, there is authorized to be appropriated to carry 
out this section $15,000,000 for each of fiscal years 
2009 through 2012. 
‘‘SEC. 
9005. 
BIOENERGY 
PROGRAM 
FOR 
ADVANCED 
BIOFUELS. 
‘‘(a) DEFINITION OF ELIGIBLE PRODUCER.—In this 
section, the term ‘eligible producer’ means a producer of 
advanced biofuels. 
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‘‘(b) PAYMENTS.—The Secretary shall make pay-
ments to eligible producers to support and ensure an ex-
panding production of advanced biofuels. 
‘‘(c) CONTRACTS.—To receive a payment, an eligible 
producer shall— 
‘‘(1) enter into a contract with the Secretary 
for production of advanced biofuels; and 
‘‘(2) submit to the Secretary such records as 
the Secretary may require as evidence of the produc-
tion of advanced biofuels. 
‘‘(d) BASIS FOR PAYMENTS.—The Secretary shall 
make payments under this section to eligible producers 
based on— 
‘‘(1) the quantity and duration of production by 
the eligible producer of an advanced biofuel; 
‘‘(2) the net nonrenewable energy content of the 
advanced biofuel, if sufficient data is available, as 
determined by the Secretary; and 
‘‘(3) other appropriate factors, as determined 
by the Secretary. 
‘‘(e) EQUITABLE
DISTRIBUTION.—The Secretary 
may limit the amount of payments that may be received 
by a single eligible producer under this section in order 
to distribute the total amount of funding available in an 
equitable manner. 
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‘‘(f) OTHER REQUIREMENTS.—To receive a payment 
under this section, an eligible producer shall meet any 
other requirements of Federal and State law (including 
regulations) applicable to the production of advanced 
biofuels. 
‘‘(g) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary 
shall use to carry out this section, to remain avail-
able until expended— 
‘‘(A) $55,000,000 for fiscal year 2009; 
‘‘(B) $55,000,000 for fiscal year 2010; 
‘‘(C) $85,000,000 for fiscal year 2011; and 
‘‘(D) $105,000,000 for fiscal year 2012. 
‘‘(2) DISCRETIONARY FUNDING.—In addition to 
any other funds made available to carry out this sec-
tion, there is authorized to be appropriated to carry 
out this section $25,000,000 for each of fiscal years 
2009 through 2012. 
‘‘(3) LIMITATION.—Of the funds provided for 
each fiscal year, not more than 5 percent of the 
funds shall be made available to eligible producers 
for production at facilities with a total refining ca-
pacity exceeding 150,000,000 gallons per year. 
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‘‘SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall, under 
such terms and conditions as the Secretary determines to 
be appropriate, make competitive grants to eligible entities 
to educate governmental and private entities that operate 
vehicle fleets, other interested entities (as determined by 
the Secretary), and the public about the benefits of bio-
diesel fuel use. 
‘‘(b) ELIGIBLE ENTITIES.—To receive a grant under 
subsection (b), an entity shall— 
‘‘(1) be a nonprofit organization or institution 
of higher education; 
‘‘(2) have demonstrated knowledge of biodiesel 
fuel production, use, or distribution; and 
‘‘(3) have demonstrated the ability to conduct 
educational and technical support programs. 
‘‘(c) CONSULTATION.—In carrying out this section, 
the Secretary shall consult with the Secretary of Energy. 
‘‘(d) FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use to carry out 
this section $1,000,000 for each of fiscal years 2008 
through 2012. 
‘‘SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary, in consulta-
tion with the Secretary of Energy, shall establish a Rural 
Energy for America Program to promote energy efficiency 
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and renewable energy development for agricultural pro-
ducers and rural small businesses through— 
‘‘(1) grants for energy audits and renewable en-
ergy development assistance; and 
‘‘(2) financial assistance for energy efficiency 
improvements and renewable energy systems. 
‘‘(b) ENERGY AUDITS
AND RENEWABLE ENERGY 
DEVELOPMENT ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
competitive grants to eligible entities to provide as-
sistance to agricultural producers and rural small 
businesses— 
‘‘(A) to become more energy efficient; and 
‘‘(B) to use renewable energy technologies 
and resources. 
‘‘(2) ELIGIBLE
ENTITIES.—An eligible entity 
under this subsection is— 
‘‘(A) a unit of State, tribal, or local gov-
ernment; 
‘‘(B) a land-grant college or university or 
other institution of higher education; 
‘‘(C) a rural electric cooperative or public 
power entity; and 
‘‘(D) any other similar entity, as deter-
mined by the Secretary. 
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‘‘(3) SELECTION CRITERIA.—In reviewing appli-
cations of eligible entities to receive grants under 
paragraph (1), the Secretary shall consider— 
‘‘(A) the ability and expertise of the eligi-
ble entity in providing professional energy au-
dits and renewable energy assessments; 
‘‘(B) the geographic scope of the program 
proposed by the eligible entity in relation to the 
identified need; 
‘‘(C) the number of agricultural producers 
and rural small businesses to be assisted by the 
program; 
‘‘(D) the potential of the proposed pro-
gram to produce energy savings and environ-
mental benefits; 
‘‘(E) the plan of the eligible entity for per-
forming outreach and providing information 
and assistance to agricultural producers and 
rural small businesses on the benefits of energy 
efficiency and renewable energy development; 
and 
‘‘(F) the ability of the eligible entity to le-
verage other sources of funding. 
‘‘(4) USE OF GRANT FUNDS.—A recipient of a 
grant under paragraph (1) shall use the grant funds 
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to assist agricultural producers and rural small busi-
nesses by— 
‘‘(A) conducting and promoting energy au-
dits; and 
‘‘(B) providing recommendations and in-
formation on how— 
‘‘(i) to improve the energy efficiency 
of the operations of the agricultural pro-
ducers and rural small businesses; and 
‘‘(ii) to use renewable energy tech-
nologies and resources in the operations. 
‘‘(5) LIMITATION.—Grant recipients may not 
use more than 5 percent of a grant for administra-
tive expenses. 
‘‘(6) COST SHARING.—A recipient of a grant 
under paragraph (1) that conducts an energy audit 
for an agricultural producer or rural small business 
under paragraph (4) shall require that, as a condi-
tion of the energy audit, the agricultural producer or 
rural small business pay at least 25 percent of the 
cost of the energy audit, which shall be retained by 
the eligible entity for the cost of the energy audit. 
‘‘(c) FINANCIAL ASSISTANCE
FOR ENERGY EFFI-
CIENCY IMPROVEMENTS AND RENEWABLE ENERGY SYS-
TEMS.— 
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‘‘(1) IN GENERAL.—In addition to any similar 
authority, the Secretary shall provide loan guaran-
tees and grants to agricultural producers and rural 
small businesses— 
‘‘(A) to purchase renewable energy sys-
tems, including systems that may be used to 
produce and sell electricity; and 
‘‘(B) to make energy efficiency improve-
ments. 
‘‘(2) AWARD CONSIDERATIONS.—In determining 
the amount of a loan guarantee or grant provided 
under this section, the Secretary shall take into con-
sideration, as applicable— 
‘‘(A) the type of renewable energy system 
to be purchased; 
‘‘(B) the estimated quantity of energy to 
be generated by the renewable energy system; 
‘‘(C) the expected environmental benefits 
of the renewable energy system; 
‘‘(D) the quantity of energy savings ex-
pected to be derived from the activity, as dem-
onstrated by an energy audit; 
‘‘(E) the estimated period of time for the 
energy savings generated by the activity to 
equal the cost of the activity; 
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‘‘(F) the expected energy efficiency of the 
renewable energy system; and 
‘‘(G) other appropriate factors. 
‘‘(3) FEASIBILITY STUDIES.— 
‘‘(A) IN
GENERAL.—The Secretary may 
provide assistance in the form of grants to an 
agricultural producer or rural small business to 
conduct a feasibility study for a project for 
which assistance may be provided under this 
subsection. 
‘‘(B) LIMITATION.—The Secretary shall 
use not more than 10 percent of the funds 
made available to carry out this subsection to 
provide assistance described in subparagraph 
(A). 
‘‘(C) AVOIDANCE OF DUPLICATIVE ASSIST-
ANCE.—An entity shall be ineligible to receive 
assistance to carry out a feasibility study for a 
project under this paragraph if the entity has 
received other Federal or State assistance for a 
feasibility study for the project. 
‘‘(4) LIMITS.— 
‘‘(A) GRANTS.—The amount of a grant 
under this subsection shall not exceed 25 per-
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cent of the cost of the activity carried out using 
funds from the grant. 
‘‘(B) MAXIMUM AMOUNT OF LOAN GUAR-
ANTEES.—The amount of a loan guaranteed 
under 
this 
subsection 
shall 
not 
exceed 
$25,000,000. 
‘‘(C) MAXIMUM
AMOUNT
OF
COMBINED 
GRANT AND LOAN GUARANTEE.—The combined 
amount of a grant and loan guaranteed under 
this subsection shall not exceed 75 percent of 
the cost of the activity funded under this sub-
section. 
‘‘(d) OUTREACH.—The Secretary shall ensure, to the 
maximum extent practicable, that adequate outreach relat-
ing to this section is being conducted at the State and 
local levels. 
‘‘(e) LOWER-COST ACTIVITIES.— 
‘‘(1) LIMITATION ON USE OF FUNDS.—Except 
as provided in paragraph (2), the Secretary shall use 
not less than 20 percent of the funds made available 
under subsection (g) to provide grants of $20,000 or 
less. 
‘‘(2) EXCEPTION.—Effective beginning on June 
30 of each fiscal year, paragraph (1) shall not apply 
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to funds made available under subsection (g) for the 
fiscal year. 
‘‘(f) REPORT.—Not later than 4 years after the date 
of enactment of the Food, Conservation, and Energy Act 
of 2008, the Secretary shall submit to Congress a report 
on the implementation of this section, including the out-
comes achieved by projects funded under this section. 
‘‘(g) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary 
shall use to carry out this section, to remain avail-
able until expended— 
‘‘(A) $55,000,000 for fiscal year 2009; 
‘‘(B) $60,000,000 for fiscal year 2010; 
‘‘(C) $70,000,000 for fiscal year 2011; and 
‘‘(D) $70,000,000 for fiscal year 2012. 
‘‘(2) AUDIT
AND
TECHNICAL
ASSISTANCE 
FUNDING.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), of the funds made available for each 
fiscal year under paragraph (1), 4 percent shall 
be available to carry out subsection (b). 
‘‘(B) OTHER
USE.—Funds not obligated 
under subparagraph (A) by April 1 of each fis-
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cal year to carry out subsection (b) shall be-
come available to carry out subsection (c). 
‘‘(3) DISCRETIONARY FUNDING.—In addition to 
any other funds made available to carry out this sec-
tion, there is authorized to be appropriated to carry 
out this section $25,000,000 for each of fiscal years 
2009 through 2012. 
‘‘SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BIOBASED PRODUCT.—The term ‘biobased 
product’ means— 
‘‘(A) an industrial product (including 
chemicals, materials, and polymers) produced 
from biomass; or 
‘‘(B) a commercial or industrial product 
(including animal feed and electric power) de-
rived in connection with the conversion of bio-
mass to fuel. 
‘‘(2) DEMONSTRATION.—The term ‘demonstra-
tion’ means demonstration of technology in a pilot 
plant or semi-works scale facility, including a plant 
or facility located on a farm. 
‘‘(3) INITIATIVE.—The term ‘Initiative’ means 
the Biomass Research and Development Initiative 
established under subsection (e). 
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‘‘(b) COOPERATION AND COORDINATION IN BIOMASS 
RESEARCH AND DEVELOPMENT.— 
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture and the Secretary of Energy shall coordinate 
policies and procedures that promote research and 
development regarding the production of biofuels 
and biobased products. 
‘‘(2) POINTS OF CONTACT.—To coordinate re-
search and development programs and activities re-
lating to biofuels and biobased products that are 
carried out by their respective departments— 
‘‘(A) the Secretary of Agriculture shall 
designate, as the point of contact for the De-
partment of Agriculture, an officer of the De-
partment of Agriculture appointed by the Presi-
dent to a position in the Department before the 
date of the designation, by and with the advice 
and consent of the Senate; and 
‘‘(B) the Secretary of Energy shall des-
ignate, as the point of contact for the Depart-
ment of Energy, an officer of the Department 
of Energy appointed by the President to a posi-
tion in the Department before the date of the 
designation, by and with the advice and consent 
of the Senate. 
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‘‘(c) BIOMASS
RESEARCH
AND
DEVELOPMENT 
BOARD.— 
‘‘(1) ESTABLISHMENT.—There is established 
the Biomass Research and Development Board to 
carry out the duties described in paragraph (3). 
‘‘(2) MEMBERSHIP.—The Board shall consist 
of— 
‘‘(A) the point of contacts of the Depart-
ment of Energy and the Department of Agri-
culture, who shall serve as cochairpersons of the 
Board; 
‘‘(B) a senior officer of each of the Depart-
ment of the Interior, the Environmental Protec-
tion Agency, the National Science Foundation, 
and the Office of Science and Technology Pol-
icy, each of whom shall have a rank that is 
equivalent to the rank of the points of contact; 
and 
‘‘(C) at the option of the Secretary of Ag-
riculture and the Secretary of Energy, other 
members appointed by the Secretaries (after 
consultation with the Board). 
‘‘(3) DUTIES.—The Board shall— 
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‘‘(A) coordinate research and development 
activities relating to biofuels and biobased prod-
ucts— 
‘‘(i) between the Department of Agri-
culture and the Department of Energy; 
and 
‘‘(ii) with other departments and 
agencies of the Federal Government; 
‘‘(B) provide recommendations to the 
points of contact concerning administration of 
this title; 
‘‘(C) ensure that— 
‘‘(i) solicitations are open and com-
petitive with awards made annually; and 
‘‘(ii) objectives and evaluation criteria 
of the solicitations are clearly stated and 
minimally prescriptive, with no areas of 
special interest; and 
‘‘(D) ensure that the panel of scientific 
and technical peers assembled under subsection 
(e) to review proposals is composed predomi-
nantly of independent experts selected from out-
side the Departments of Agriculture and En-
ergy. 
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‘‘(4) FUNDING.—Each agency represented on 
the Board is encouraged to provide funds for any 
purpose under this section. 
‘‘(5) MEETINGS.—The Board shall meet at 
least quarterly. 
‘‘(d) BIOMASS
RESEARCH
AND
DEVELOPMENT 
TECHNICAL ADVISORY COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—There is established 
the Biomass Research and Development Technical 
Advisory Committee to carry out the duties de-
scribed in paragraph (3). 
‘‘(2) MEMBERSHIP.— 
‘‘(A) IN
GENERAL.—The Advisory Com-
mittee shall consist of— 
‘‘(i) an individual affiliated with the 
biofuels industry; 
‘‘(ii) an individual affiliated with the 
biobased industrial and commercial prod-
ucts industry; 
‘‘(iii) an individual affiliated with an 
institution of higher education who has ex-
pertise in biofuels and biobased products; 
‘‘(iv) 2 prominent engineers or sci-
entists from government or academia who 
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have expertise in biofuels and biobased 
products; 
‘‘(v) an individual affiliated with a 
commodity trade association; 
‘‘(vi) 2 individuals affiliated with envi-
ronmental or conservation organizations; 
‘‘(vii) an individual associated with 
State government who has expertise in 
biofuels and biobased products; 
‘‘(viii) an individual with expertise in 
energy and environmental analysis; 
‘‘(ix) an individual with expertise in 
the economics of biofuels and biobased 
products; 
‘‘(x) an individual with expertise in 
agricultural economics; 
‘‘(xi) an individual with expertise in 
plant biology and biomass feedstock devel-
opment; 
‘‘(xii) an individual with expertise in 
agronomy, crop science, or soil science; and 
‘‘(xiii) at the option of the points of 
contact, other members. 
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‘‘(B) APPOINTMENT.—The members of the 
Advisory Committee shall be appointed by the 
points of contact. 
‘‘(3) 
DUTIES.—The 
Advisory 
Committee 
shall— 
‘‘(A) advise the points of contact with re-
spect to the Initiative; and 
‘‘(B) evaluate and make recommendations 
in writing to the Board regarding whether— 
‘‘(i) funds authorized for the Initiative 
are distributed and used in a manner that 
is consistent with the objectives, purposes, 
and considerations of the Initiative; 
‘‘(ii) solicitations are open and com-
petitive with awards made annually; 
‘‘(iii) objectives and evaluation criteria 
of the solicitations are clearly stated and 
minimally prescriptive, with no areas of 
special interest; 
‘‘(iv) the points of contact are funding 
proposals under this title that are selected 
on the basis of merit, as determined by an 
independent panel of scientific and tech-
nical peers predominantly from outside the 
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Departments of Agriculture and Energy; 
and 
‘‘(v) activities under this title are car-
ried out in accordance with this title. 
‘‘(4) COORDINATION.—To avoid duplication of 
effort, the Advisory Committee shall coordinate its 
activities with those of other Federal advisory com-
mittees working in related areas. 
‘‘(5) MEETINGS.—The Advisory Committee 
shall meet at least quarterly. 
‘‘(6) TERMS.—Members of the Advisory Com-
mittee shall be appointed for a term of 3 years. 
‘‘(e) BIOMASS RESEARCH AND DEVELOPMENT INI-
TIATIVE.— 
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture and the Secretary of Energy, acting through 
their respective points of contact and in consultation 
with the Board, shall establish and carry out a Bio-
mass Research and Development Initiative under 
which competitively awarded grants, contracts, and 
financial assistance are provided to, or entered into 
with, eligible entities to carry out research on and 
development and demonstration of— 
‘‘(A) biofuels and biobased products; and 
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‘‘(B) the methods, practices, and tech-
nologies, for the production of biofuels and 
biobased products. 
‘‘(2) OBJECTIVES.—The objectives of the Initia-
tive are to develop— 
‘‘(A) technologies and processes necessary 
for abundant commercial production of biofuels 
at prices competitive with fossil fuels; 
‘‘(B) high-value biobased products— 
‘‘(i) to enhance the economic viability 
of biofuels and power; 
‘‘(ii) to serve as substitutes for petro-
leum-based feedstocks and products; and 
‘‘(iii) to enhance the value of coprod-
ucts produced using the technologies and 
processes; and 
‘‘(C) a diversity of economically and envi-
ronmentally sustainable domestic sources of re-
newable biomass for conversion to biofuels, bio-
energy, and biobased products. 
‘‘(3) TECHNICAL AREAS.—The Secretary of Ag-
riculture and the Secretary of Energy, in consulta-
tion with the Administrator of the Environmental 
Protection Agency and heads of other appropriate 
departments and agencies (referred to in this sub-
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section as the ‘Secretaries’), shall direct the Initia-
tive in the 3 following areas: 
‘‘(A) FEEDSTOCKS
DEVELOPMENT.—Re-
search, development, and demonstration activi-
ties regarding feedstocks and feedstock logistics 
(including the harvest, handling, transport, 
preprocessing, and storage) relevant to produc-
tion of raw materials for conversion to biofuels 
and biobased products. 
‘‘(B) BIOFUELS AND BIOBASED PRODUCTS 
DEVELOPMENT.—Research, development, and 
demonstration activities to support— 
‘‘(i) the development of diverse cost- 
effective technologies for the use of cel-
lulosic biomass in the production of 
biofuels and biobased products; and 
‘‘(ii) product diversification through 
technologies relevant to production of a 
range of biobased products (including 
chemicals, animal feeds, and cogenerated 
power) that potentially can increase the 
feasibility of fuel production in a bio-
refinery. 
‘‘(C) 
BIOFUELS
DEVELOPMENT
ANAL-
YSIS.— 
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‘‘(i) STRATEGIC GUIDANCE.—The de-
velopment of analysis that provides stra-
tegic guidance for the application of renew-
able biomass technologies to improve sus-
tainability and environmental quality, cost 
effectiveness, security, and rural economic 
development. 
‘‘(ii) ENERGY
AND
ENVIRONMENTAL 
IMPACT.—Development of systematic eval-
uations of the impact of expanded biofuel 
production on the environment (including 
forest land) and on the food supply for hu-
mans and animals, including the improve-
ment and development of tools for life 
cycle analysis of current and potential 
biofuels. 
‘‘(iii) 
ASSESSMENT
OF
FEDERAL 
LAND.—Assessments of the potential of 
Federal land resources to increase the pro-
duction of feedstocks for biofuels and 
biobased products, consistent with the in-
tegrity of soil and water resources and 
with other environmental considerations. 
‘‘(4) ADDITIONAL
CONSIDERATIONS.—Within 
the technical areas described in paragraph (3), the 
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Secretaries shall support research and develop-
ment— 
‘‘(A) to create continuously expanding op-
portunities for participants in existing biofuels 
production by seeking synergies and continuity 
with current technologies and practices; 
‘‘(B) to maximize the environmental, eco-
nomic, and social benefits of production of 
biofuels and derived biobased products on a 
large scale; and 
‘‘(C) to facilitate small-scale production 
and local and on-farm use of biofuels, including 
the development of small-scale gasification tech-
nologies for production of biofuel from cellulosic 
feedstocks. 
‘‘(5) ELIGIBILITY.—To be eligible for a grant, 
contract, or assistance under this section, an appli-
cant shall be— 
‘‘(A) an institution of higher education; 
‘‘(B) a National Laboratory; 
‘‘(C) a Federal research agency; 
‘‘(D) a State research agency; 
‘‘(E) a private sector entity; 
‘‘(F) a nonprofit organization; or 
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‘‘(G) a consortium of 2 or more entities de-
scribed in subparagraphs (A) through (F). 
‘‘(6) ADMINISTRATION.— 
‘‘(A) IN
GENERAL.—After consultation 
with the Board, the points of contact shall— 
‘‘(i) publish annually 1 or more joint 
requests for proposals for grants, con-
tracts, and assistance under this sub-
section; 
‘‘(ii) require that grants, contracts, 
and assistance under this section be 
awarded based on a scientific peer review 
by an independent panel of scientific and 
technical peers; 
‘‘(iii) give special consideration to ap-
plications that— 
‘‘(I) involve a consortia of experts 
from multiple institutions; 
‘‘(II) encourage the integration 
of disciplines and application of the 
best technical resources; and 
‘‘(III) increase the geographic di-
versity of demonstration projects; and 
‘‘(iv) require that the technical areas 
described in each of subparagraphs (A), 
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(B), and (C) of paragraph (3) receive not 
less than 15 percent of funds made avail-
able to carry out this section. 
‘‘(B) COST SHARE.— 
‘‘(i) RESEARCH
AND
DEVELOPMENT 
PROJECTS.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), the non- 
Federal share of the cost of a re-
search or development project under 
this section shall be not less than 20 
percent. 
‘‘(II) 
REDUCTION.—The 
Sec-
retary of Agriculture or the Secretary 
of Energy, as appropriate, may reduce 
the non-Federal share required under 
subclause (I) if the appropriate Sec-
retary determines the reduction to be 
necessary and appropriate. 
‘‘(ii) DEMONSTRATION AND COMMER-
CIAL
PROJECTS.—The non-Federal share 
of the cost of a demonstration or commer-
cial project under this section shall be not 
less than 50 percent. 
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‘‘(C) TECHNOLOGY
AND
INFORMATION 
TRANSFER.—The Secretary of Agriculture and 
the Secretary of Energy shall ensure that appli-
cable research results and technologies from the 
Initiative are— 
‘‘(i) adapted, made available, and dis-
seminated, as appropriate; and 
‘‘(ii) included in the best practices 
database 
established 
under 
section 
1672C(e) of the Food, Agriculture, Con-
servation, and Trade Act of 1990. 
‘‘(f) ADMINISTRATIVE SUPPORT AND FUNDS.— 
‘‘(1) IN GENERAL.—The Secretary of Energy 
and the Secretary of Agriculture may provide such 
administrative support and funds of the Department 
of Energy and the Department of Agriculture to the 
Board and the Advisory Committee as are necessary 
to enable the Board and the Advisory Committee to 
carry out their duties under this section. 
‘‘(2) OTHER
AGENCIES.—The heads of the 
agencies referred to in subsection (c)(2)(B), and the 
other members of the Board appointed under sub-
section (c)(2)(C), are encouraged to provide adminis-
trative support and funds of their respective agen-
cies to the Board and the Advisory Committee. 
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‘‘(3) LIMITATION.—Not more than 4 percent of 
the amount made available for each fiscal year under 
subsection (h) may be used to pay the administrative 
costs of carrying out this section. 
‘‘(g) REPORTS.—For each fiscal year for which funds 
are made available to carry out this section, the Secretary 
of Energy and the Secretary of Agriculture shall jointly 
submit to Congress a detailed report on— 
‘‘(1) the status and progress of the Initiative, 
including a report from the Advisory Committee on 
whether funds appropriated for the Initiative have 
been distributed and used in a manner that is con-
sistent with the objectives and requirements of this 
section; 
‘‘(2) the general status of cooperation and re-
search and development efforts carried out at each 
agency with respect to biofuels and biobased prod-
ucts; and 
‘‘(3) the plans of the Secretary of Energy and 
the Secretary of Agriculture for addressing concerns 
raised in the report, including concerns raised by the 
Advisory Committee. 
‘‘(h) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary of 
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Agriculture shall use to carry out this section, to re-
main available until expended— 
‘‘(A) $20,000,000 for fiscal year 2009; 
‘‘(B) $28,000,000 for fiscal year 2010; 
‘‘(C) $30,000,000 for fiscal year 2011; and 
‘‘(D) $40,000,000 for fiscal year 2012. 
‘‘(2) DISCRETIONARY FUNDING.—In addition to 
any other funds made available to carry out this sec-
tion, there is authorized to be appropriated to carry 
out this section $35,000,000 for each of fiscal years 
2009 through 2012. 
‘‘SEC. 9009. RURAL ENERGY SELF-SUFFICIENCY INITIATIVE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE RURAL COMMUNITY.—The term 
‘eligible rural community’ means a community lo-
cated in a rural area (as defined in section 
343(a)(13)(A) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1991(a)(13)(A))). 
‘‘(2) INITIATIVE.—The term ‘Initiative’ means 
the Rural Energy Self-Sufficiency Initiative estab-
lished under this section. 
‘‘(3) INTEGRATED
RENEWABLE
ENERGY
SYS-
TEM.—The term ‘integrated renewable energy sys-
tem’ means a community-wide energy system that— 
‘‘(A) reduces conventional energy use; and 
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‘‘(B) increases the use of energy from re-
newable sources. 
‘‘(b) ESTABLISHMENT.—The Secretary shall estab-
lish a Rural Energy Self-Sufficiency Initiative to provide 
financial assistance for the purpose of enabling eligible 
rural communities to substantially increase the energy 
self-sufficiency of the eligible rural communities. 
‘‘(c) GRANT ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
grants available under the Initiative to eligible rural 
communities to carry out an activity described in 
paragraph (2). 
‘‘(2) USE OF GRANT FUNDS.—An eligible rural 
community may use a grant— 
‘‘(A) to conduct an energy assessment that 
assesses the total energy use of all energy users 
in the eligible rural community; 
‘‘(B) to formulate and analyze ideas for re-
ducing energy usage by the eligible rural com-
munity from conventional sources; and 
‘‘(C) to develop and install an integrated 
renewable energy system. 
‘‘(3) GRANT SELECTION.— 
‘‘(A) APPLICATION.—To be considered for 
a grant, an eligible rural community shall sub-
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mit an application to the Secretary that de-
scribes the ways in which the community would 
use the grant to carry out an activity described 
in paragraph (2). 
‘‘(B) PREFERENCE.—The Secretary shall 
give preference to those applications that pro-
pose to carry out an activity in coordination 
with— 
‘‘(i) institutions of higher education or 
nonprofit foundations of institutions of 
higher education; 
‘‘(ii) Federal, State, or local govern-
ment agencies; 
‘‘(iii) public or private power genera-
tion entities; or 
‘‘(iv) government entities with respon-
sibility for water or natural resources. 
‘‘(4) REPORT.—An eligible rural community re-
ceiving a grant under the Initiative shall submit to 
the Secretary a report on the project of the eligible 
rural community. 
‘‘(5) COST-SHARING.—The amount of a grant 
under the Initiative shall not exceed 50 percent of 
the cost of the activities described in the application. 
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‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2009 through 2012. 
‘‘SEC. 9010. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIO-
ENERGY PRODUCERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BIOENERGY.—The term ‘bioenergy’ means 
fuel grade ethanol and other biofuel. 
‘‘(2) BIOENERGY PRODUCER.—The term ‘bio-
energy producer’ means a producer of bioenergy that 
uses an eligible commodity to produce bioenergy 
under this section. 
‘‘(3) ELIGIBLE COMMODITY.—The term ‘eligible 
commodity’ means a form of raw or refined sugar or 
in-process sugar that is eligible to be marketed in 
the United States for human consumption or to be 
used for the extraction of sugar for human consump-
tion. 
‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means an entity located in the United States 
that markets an eligible commodity in the United 
States. 
‘‘(b) FEEDSTOCK FLEXIBILITY PROGRAM.— 
‘‘(1) IN GENERAL.— 
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‘‘(A) PURCHASES AND SALES.—For each 
of the 2008 through 2012 crops, the Secretary 
shall purchase eligible commodities from eligible 
entities and sell such commodities to bioenergy 
producers for the purpose of producing bio-
energy in a manner that ensures that section 
156 of the Federal Agriculture Improvement 
and Reform Act (7 U.S.C. 7272) is operated at 
no cost to the Federal Government by avoiding 
forfeitures to the Commodity Credit Corpora-
tion. 
‘‘(B) COMPETITIVE PROCEDURES.—In car-
rying out the purchases and sales required 
under subparagraph (A), the Secretary shall, to 
the maximum extent practicable, use competi-
tive procedures, including the receiving, offer-
ing, and accepting of bids, when entering into 
contracts with eligible entities and bioenergy 
producers, provided that such procedures are 
consistent with the purposes of subparagraph 
(A). 
‘‘(C) LIMITATION.—The purchase and sale 
of eligible commodities under subparagraph (A) 
shall only be made in crop years in which such 
purchases and sales are necessary to ensure 
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that the program authorized under section 156 
of the Federal Agriculture Improvement and 
Reform Act (7 U.S.C. 7272) is operated at no 
cost to the Federal Government by avoiding for-
feitures to the Commodity Credit Corporation. 
‘‘(2) NOTICE.— 
‘‘(A) IN GENERAL.—As soon as practicable 
after the date of enactment of the Food, Con-
servation, and Energy Act of 2008 and each 
September 1 thereafter through September 1, 
2012, the Secretary shall provide notice to eligi-
ble entities and bioenergy producers of the 
quantity of eligible commodities that shall be 
made available for purchase and sale for the 
crop year following the date of the notice under 
this section. 
‘‘(B) REESTIMATES.—Not later than the 
January 1, April 1, and July 1 of the calendar 
year following the date of a notice under sub-
paragraph (A), the Secretary shall reestimate 
the quantity of eligible commodities determined 
under subparagraph (A), and provide notice 
and make purchases and sales based on such 
reestimates. 
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‘‘(3) COMMODITY CREDIT CORPORATION INVEN-
TORY.— 
‘‘(A) DISPOSITIONS.— 
‘‘(i) BIOENERGY AND GENERALLY.— 
Except as provided in clause (ii), to the ex-
tent that an eligible commodity is owned 
and held in inventory by the Commodity 
Credit Corporation (accumulated pursuant 
to the program authorized under section 
156 of the Federal Agriculture Improve-
ment and Reform Act (7 U.S.C. 7272)), 
the Secretary shall— 
‘‘(I) sell the eligible commodity to 
bioenergy producers under this section 
consistent with paragraph (1)(C); 
‘‘(II) dispose of the eligible com-
modity in accordance with section 
156(f)(2) of that Act; or 
‘‘(III) otherwise dispose of the el-
igible commodity through the buyback 
of certificates of quota entry. 
‘‘(ii) PRESERVATION
OF
OTHER
AU-
THORITIES.—Nothing in this section limits 
the use of other authorities for the disposi-
tion of an eligible commodity held in the 
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inventory of the Commodity Credit Cor-
poration for nonfood use or otherwise in a 
manner that does not increase the net 
quantity of sugar available for human con-
sumption in the United States market, 
consistent with section 156(f)(1) of the 
Federal Agriculture Improvement and Re-
form Act (7 U.S.C. 7272(f)(1)). 
‘‘(B) EMERGENCY SHORTAGES.—Notwith-
standing subparagraph (A), if there is an emer-
gency shortage of sugar for human consumption 
in the United States market that is caused by 
a war, flood, hurricane, or other natural dis-
aster, or other similar event, the Secretary may 
dispose of an eligible commodity that is owned 
and held in inventory by the Commodity Credit 
Corporation (accumulated pursuant to the pro-
gram authorized under section 156 of the Fed-
eral Agriculture Improvement and Reform Act 
(7 U.S.C. 7272)) through disposition as author-
ized under section 156(f) of that Act or through 
the use of any other authority of the Com-
modity Credit Corporation. 
‘‘(4) TRANSFER RULE; STORAGE FEES.— 
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‘‘(A) GENERAL TRANSFER RULE.—Except 
with regard to emergency dispositions under 
paragraph (3)(B) and as provided in subpara-
graph (C), the Secretary shall ensure that bio-
energy producers that purchase eligible com-
modities pursuant to this section take posses-
sion of the eligible commodities within 30 cal-
endar days of the date of such purchase from 
the Commodity Credit Corporation. 
‘‘(B) PAYMENT
OF
STORAGE
FEES
PRO-
HIBITED.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall, to the maximum extent practicable, 
carry out this section in a manner that en-
sures no storage fees are paid by the Com-
modity Credit Corporation in the adminis-
tration of this section. 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply with respect to any commodities 
owned and held in inventory by the Com-
modity Credit Corporation (accumulated 
pursuant to the program authorized under 
section 156 of the Federal Agriculture Im-
provement and Reform Act (7 U.S.C. 
7272)). 
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‘‘(C) 
OPTION
TO
PREVENT
STORAGE 
FEES.— 
‘‘(i) IN
GENERAL.—The Secretary 
may enter into contracts with bioenergy 
producers to sell eligible commodities to 
such producers prior in time to entering 
into contracts with eligible entities to pur-
chase the eligible commodities to be used 
to satisfy the contracts entered into with 
the bioenergy producers. 
‘‘(ii) SPECIAL
TRANSFER
RULE.—If 
the Secretary makes a sale and purchase 
referred to in clause (i), the Secretary shall 
ensure that the bioenergy producer that 
purchased eligible commodities takes pos-
session of such commodities within 30 cal-
endar days of the date the Commodity 
Credit Corporation purchases the eligible 
commodities. 
‘‘(5) RELATION
TO
OTHER
LAWS.—If sugar 
that is subject to a marketing allotment under part 
VII of subtitle B of title III of the Agricultural Ad-
justment Act of 1938 (7 U.S.C. 1359aa et seq.) is 
the subject of a payment under this section, the 
sugar shall be considered marketed and shall count 
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against a processor’s allocation of an allotment 
under such part, as applicable. 
‘‘(6) FUNDING.—The Secretary shall use the 
funds, facilities, and authorities of the Commodity 
Credit Corporation, including the use of such sums 
as are necessary, to carry out this section. 
‘‘SEC. 9011. BIOMASS CROP ASSISTANCE PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BCAP.—The term ‘BCAP’ means the Bio-
mass Crop Assistance Program established under 
this section. 
‘‘(2) BCAP PROJECT AREA.—The term ‘BCAP 
project area’ means an area that— 
‘‘(A) has specified boundaries that are sub-
mitted to the Secretary by the project sponsor 
and subsequently approved by the Secretary; 
‘‘(B) includes producers with contract 
acreage that will supply a portion of the renew-
able biomass needed by a biomass conversion 
facility; and 
‘‘(C) is physically located within an eco-
nomically practicable distance from the biomass 
conversion facility. 
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‘‘(3) CONTRACT ACREAGE.—The term ‘contract 
acreage’ means eligible land that is covered by a 
BCAP contract entered into with the Secretary. 
‘‘(4) ELIGIBLE CROP.— 
‘‘(A) IN
GENERAL.—The term ‘eligible 
crop’ means a crop of renewable biomass. 
‘‘(B) EXCLUSIONS.—The term ‘eligible 
crop’ does not include— 
‘‘(i) any crop that is eligible to receive 
payments under title I of the Food, Con-
servation, and Energy Act of 2008 or an 
amendment made by that title; or 
‘‘(ii) any plant that is invasive or nox-
ious or has the potential to become 
invasive or noxious, as determined by the 
Secretary, in consultation with other ap-
propriate Federal or State departments 
and agencies. 
‘‘(5) ELIGIBLE LAND.— 
‘‘(A) IN
GENERAL.—The term ‘eligible 
land’ includes agricultural and nonindustrial 
private forest lands (as defined in section 5(c) 
of the Cooperative Forestry Assistance Act of 
1978 (16 U.S.C. 2103a(c))). 
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‘‘(B) EXCLUSIONS.—The term ‘eligible 
land’ does not include— 
‘‘(i) Federal- or State-owned land; 
‘‘(ii) land that is native sod, as of the 
date of enactment of the Food, Conserva-
tion, and Energy Act of 2008; 
‘‘(iii) land enrolled in the conservation 
reserve program established under sub-
chapter B of chapter 1 of subtitle D of 
title XII of the Food Security Act of 1985 
(16 U.S.C. 3831 et seq.); 
‘‘(iv) land enrolled in the wetlands re-
serve program established under sub-
chapter C of chapter 1 of subtitle D of 
title XII of that Act (16 U.S.C. 3837 et 
seq.); or 
‘‘(v) land enrolled in the grassland re-
serve program established under sub-
chapter D of chapter 2 of subtitle D of 
title XII of that Act (16 U.S.C. 3838n et 
seq.). 
‘‘(6) ELIGIBLE MATERIAL.— 
‘‘(A) IN GENERAL.—The term ‘eligible ma-
terial’ means renewable biomass. 
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‘‘(B) EXCLUSIONS.—The term ‘eligible ma-
terial’ does not include— 
‘‘(i) any crop that is eligible to receive 
payments under title I of the Food, Con-
servation, and Energy Act of 2008 or an 
amendment made by that title; 
‘‘(ii) animal waste and byproducts (in-
cluding fats, oils, greases, and manure); 
‘‘(iii) food waste and yard waste; or 
‘‘(iv) algae. 
‘‘(7) PRODUCER.—The term ‘producer’ means 
an owner or operator of contract acreage that is 
physically located within a BCAP project area. 
‘‘(8) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means— 
‘‘(A) a group of producers; or 
‘‘(B) a biomass conversion facility. 
‘‘(b) ESTABLISHMENT
AND PURPOSE.—The Sec-
retary shall establish and administer a Biomass Crop As-
sistance Program to— 
‘‘(1) support the establishment and production 
of eligible crops for conversion to bioenergy in se-
lected BCAP project areas; and 
‘‘(2) assist agricultural and forest land owners 
and operators with collection, harvest, storage, and 
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transportation of eligible material for use in a bio-
mass conversion facility. 
‘‘(c) BCAP PROJECT AREA.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
financial assistance to producers of eligible crops in 
a BCAP project area. 
‘‘(2) SELECTION OF PROJECT AREAS.— 
‘‘(A) IN GENERAL.—To be considered for 
selection as a BCAP project area, a project 
sponsor shall submit to the Secretary a pro-
posal that includes, at a minimum— 
‘‘(i) a description of the eligible land 
and eligible crops of each producer that 
will participate in the proposed BCAP 
project area; 
‘‘(ii) a letter of commitment from a 
biomass conversion facility that the facility 
will use the eligible crops intended to be 
produced in the proposed BCAP project 
area; 
‘‘(iii) evidence that the biomass con-
version facility has sufficient equity avail-
able, as determined by the Secretary, if the 
biomass conversion facility is not oper-
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ational at the time the proposal is sub-
mitted to the Secretary; and 
‘‘(iv) any other appropriate informa-
tion about the biomass conversion facility 
or proposed biomass conversion facility 
that gives the Secretary a reasonable as-
surance that the plant will be in operation 
by the time that the eligible crops are 
ready for harvest. 
‘‘(B) BCAP PROJECT
AREA
SELECTION 
CRITERIA.—In selecting BCAP project areas, 
the Secretary shall consider— 
‘‘(i) the volume of the eligible crops 
proposed to be produced in the proposed 
BCAP project area and the probability 
that such crops will be used for the pur-
poses of the BCAP; 
‘‘(ii) the volume of renewable biomass 
projected to be available from sources 
other than the eligible crops grown on con-
tract acres; 
‘‘(iii) the anticipated economic impact 
in the proposed BCAP project area; 
‘‘(iv) the opportunity for producers 
and local investors to participate in the 
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ownership of the biomass conversion facil-
ity in the proposed BCAP project area; 
‘‘(v) the participation rate by— 
‘‘(I) beginning farmers or ranch-
ers (as defined in accordance with sec-
tion 343(a) of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 
1991(a))); or 
‘‘(II) 
socially 
disadvantaged 
farmers or ranchers (as defined in 
section 2501(e) of the Food, Agri-
culture, Conservation, and Trade Act 
of 1990 (7 U.S.C. 2279(e))); 
‘‘(vi) the impact on soil, water, and 
related resources; 
‘‘(vii) the variety in biomass produc-
tion approaches within a project area, in-
cluding (as appropriate)— 
‘‘(I) agronomic conditions; 
‘‘(II) harvest and postharvest 
practices; and 
‘‘(III) 
monoculture 
and 
polyculture crop mixes; 
‘‘(viii) the range of eligible crops 
among project areas; and 
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‘‘(ix) any additional information, as 
determined by the Secretary. 
‘‘(3) CONTRACT.— 
‘‘(A) IN
GENERAL.—On approval of a 
BCAP project area by the Secretary, each pro-
ducer in the BCAP project area shall enter into 
a contract directly with the Secretary. 
‘‘(B) MINIMUM TERMS.—At a minimum, 
contracts shall include terms that cover— 
‘‘(i) an agreement to make available 
to the Secretary, or to an institution of 
higher education or other entity designated 
by the Secretary, such information as the 
Secretary considers to be appropriate to 
promote the production of eligible crops 
and the development of biomass conversion 
technology; 
‘‘(ii) compliance with the highly erod-
ible land conservation requirements of sub-
title B of title XII of the Food Security 
Act of 1985 (16 U.S.C. 3811 et seq.) and 
the wetland conservation requirements of 
subtitle C of title XII of that Act (16 
U.S.C. 3821 et seq.); 
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‘‘(iii) the implementation of (as deter-
mined by the Secretary)— 
‘‘(I) a conservation plan; or 
‘‘(II) a forest stewardship plan or 
an equivalent plan; and 
‘‘(iv) any additional requirements the 
Secretary considers appropriate. 
‘‘(C) DURATION.—A contract under this 
subsection shall have a term of up to— 
‘‘(i) 5 years for annual and perennial 
crops; or 
‘‘(ii) 15 years for woody biomass. 
‘‘(4) RELATIONSHIP TO OTHER PROGRAMS.—In 
carrying out this subsection, the Secretary shall pro-
vide for the preservation of cropland base and yield 
history applicable to the land enrolled in a BCAP 
contract. 
‘‘(5) PAYMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make establishment and annual payments di-
rectly to producers to support the establishment 
and production of eligible crops on contract 
acreage. 
‘‘(B) AMOUNT
OF
ESTABLISHMENT
PAY-
MENTS.—The amount of an establishment pay-
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ment under this subsection shall be up to 75 
percent of the costs of establishing an eligible 
perennial crop covered by the contract, includ-
ing— 
‘‘(i) the cost of seeds and stock for 
perennials; 
‘‘(ii) the cost of planting the perennial 
crop, as determined by the Secretary; and 
‘‘(iii) in the case of nonindustrial pri-
vate forestland, the costs of site prepara-
tion and tree planting. 
‘‘(C) AMOUNT OF ANNUAL PAYMENTS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the amount of an annual payment 
under this subsection shall be determined 
by the Secretary. 
‘‘(ii) 
REDUCTION.—The 
Secretary 
shall reduce an annual payment by an 
amount determined to be appropriate by 
the Secretary, if— 
‘‘(I) an eligible crop is used for 
purposes other than the production of 
energy at the biomass conversion fa-
cility; 
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‘‘(II) an eligible crop is delivered 
to the biomass conversion facility; 
‘‘(III) the producer receives a 
payment under subsection (d); 
‘‘(IV) the producer violates a 
term of the contract; or 
‘‘(V) there are such other cir-
cumstances, as determined by the Sec-
retary to be necessary to carry out 
this section. 
‘‘(d) ASSISTANCE WITH COLLECTION, HARVEST, 
STORAGE, AND TRANSPORTATION.— 
‘‘(1) IN GENERAL.—The Secretary shall make a 
payment for the delivery of eligible material to a bio-
mass conversion facility to— 
‘‘(A) a producer of an eligible crop that is 
produced on BCAP contract acreage; or 
‘‘(B) a person with the right to collect or 
harvest eligible material. 
‘‘(2) PAYMENTS.— 
‘‘(A) COSTS COVERED.—A payment under 
this subsection shall be in an amount described 
in subparagraph (B) for— 
‘‘(i) collection; 
‘‘(ii) harvest; 
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‘‘(iii) storage; and 
‘‘(iv) transportation to a biomass con-
version facility. 
‘‘(B) AMOUNT.—Subject to paragraph (3), 
the Secretary may provide matching payments 
at a rate of $1 for each $1 per ton provided by 
the biomass conversion facility, in an amount 
equal to not more than $45 per ton for a period 
of 2 years. 
‘‘(3) LIMITATION
ON
ASSISTANCE
FOR
BCAP 
CONTRACT ACREAGE.—As a condition of the receipt 
of annual payment under subsection (c), a producer 
receiving a payment under this subsection for collec-
tion, harvest, storage or transportation of an eligible 
crop produced on BCAP acreage shall agree to a re-
duction in the annual payment. 
‘‘(e) REPORT.—Not later than 4 years after the date 
of enactment of the Food, Conservation, and Energy Act 
of 2008, 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 Sen-
ate a report on the dissemination by the Secretary of the 
best practice data and information gathered from partici-
pants receiving assistance under this section. 
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‘‘(f) FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use to carry out 
this section such sums as are necessary for each of fiscal 
years 2008 through 2012. 
‘‘SEC. 9012. FOREST BIOMASS FOR ENERGY. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Forest Service, shall conduct a competitive research 
and development program to encourage use of forest bio-
mass for energy. 
‘‘(b) ELIGIBLE ENTITIES.—Entities eligible to com-
pete under the program under this section include— 
‘‘(1) the Forest Service (acting through Re-
search and Development); 
‘‘(2) other Federal agencies; 
‘‘(3) State and local governments; 
‘‘(4) Indian tribes; 
‘‘(5) land-grant colleges and universities; and 
‘‘(6) private entities. 
‘‘(c) PRIORITY FOR PROJECT SELECTION.—In car-
rying out this section, the Secretary shall give priority to 
projects that— 
‘‘(1) develop technology and techniques to use 
low-value forest biomass, such as byproducts of for-
est health treatments and hazardous fuels reduction, 
for the production of energy; 
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‘‘(2) develop processes that integrate production 
of energy from forest biomass into biorefineries or 
other existing manufacturing streams; 
‘‘(3) develop new transportation fuels from for-
est biomass; and 
‘‘(4) improve the growth and yield of trees in-
tended for renewable energy production. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$15,000,000 for each of fiscal years 2009 through 2012. 
‘‘SEC. 9013. COMMUNITY WOOD ENERGY PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMMUNITY WOOD ENERGY PLAN.—The 
term ‘community wood energy plan’ means an as-
sessment of— 
‘‘(A) available feedstocks necessary to sup-
ply a community wood energy system; and 
‘‘(B) the long-term feasibility of supplying 
and operating a community wood energy sys-
tem. 
‘‘(2) COMMUNITY WOOD ENERGY SYSTEM.— 
‘‘(A) IN GENERAL.—The term ‘community 
wood energy system’ means an energy system 
that— 
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‘‘(i) primarily services public facilities 
owned or operated by State or local gov-
ernments, including schools, town halls, li-
braries, and other public buildings; and 
‘‘(ii) uses woody biomass as the pri-
mary fuel. 
‘‘(B) INCLUSIONS.—The term ‘community 
wood energy system’ includes single facility cen-
tral heating, district heating, combined heat 
and energy systems, and other related biomass 
energy systems. 
‘‘(b) GRANT PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Chief of the Forest Service, shall estab-
lish a program to be known as the ‘Community 
Wood Energy Program’ to provide— 
‘‘(A) grants of up to $50,000 to State and 
local governments (or designees) to develop 
community wood energy plans; and 
‘‘(B) competitive grants to State and local 
governments to acquire or upgrade community 
wood energy systems. 
‘‘(2) CONSIDERATIONS.—In selecting applicants 
for grants under paragraph (1)(B), the Secretary 
shall consider— 
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‘‘(A) the energy efficiency of the proposed 
system; 
‘‘(B) the cost effectiveness of the proposed 
system; and 
‘‘(C) other conservation and environmental 
criteria that the Secretary considers appro-
priate. 
‘‘(3) USE OF PLAN.—A State or local govern-
ment applying to receive a competitive grant de-
scribed in paragraph (1)(B) shall submit to the Sec-
retary as part of the grant application the applicable 
community wood energy plan. 
‘‘(c) LIMITATION.—A community wood energy system 
acquired with grant funds provided under subsection 
(b)(1)(B) shall not exceed an output of— 
‘‘(1) 50,000,000 Btu per hour for heating; and 
‘‘(2) 2 megawatts for electric power production. 
‘‘(d) MATCHING FUNDS.—A State or local govern-
ment that receives a grant under subsection (b) shall con-
tribute an amount of non-Federal funds towards the devel-
opment of the community wood energy plan, or acquisition 
of the community wood energy systems that is at least 
equal to the amount of grant funds received by the State 
or local government under that subsection. 
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‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2009 through 2012.’’. 
(b) CONFORMING AMENDMENT.—The Biomass Re-
search and Development Act of 2000 (7 U.S.C. 8601 et 
seq.) is repealed. 
SEC. 9002. BIOFUELS INFRASTRUCTURE STUDY. 
(a) IN GENERAL.—The Secretary of Agriculture, the 
Secretary of Energy, the Administrator of the Environ-
mental Protection Agency, and the Secretary of Transpor-
tation (referred to in this section as the ‘‘Secretaries’’), 
shall jointly conduct a study that includes— 
(1) an assessment of the infrastructure needs 
for expanding the domestic production, transport, 
and distribution of biofuels given current and likely 
future market trends; 
(2) recommendations for infrastructure needs 
and development approaches, taking into account 
cost and other associated factors; and 
(3) a report that includes— 
(A) a summary of infrastructure needs; 
(B) an analysis of alternative development 
approaches to meeting the needs described in 
subparagraph (A), including cost, siting, and 
other regulatory issues; and 
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(C) recommendations for specific infra-
structure development actions to be taken. 
(b) SCOPE OF STUDY.— 
(1) IN GENERAL.—In conducting the study de-
scribed in subsection (a), the Secretaries shall ad-
dress— 
(A) current and likely future market 
trends for biofuels through calendar year 2025; 
(B) current and future availability of feed-
stocks; 
(C) water resource needs, including water 
requirements for biorefineries; 
(D) shipping and storage needs for bio-
mass feedstock and biofuels, including the ade-
quacy of rural roads; and 
(E) modes of transportation and delivery 
for biofuels (including shipment by rail, truck, 
pipeline or barge) and associated infrastructure 
issues. 
(2) 
CONSIDERATIONS.—In 
addressing 
the 
issues described in paragraph (1), the Secretaries 
shall consider— 
(A) the effects of increased tank truck, 
rail, and barge transport on existing infrastruc-
ture and safety; 
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(B) the feasibility of shipping biofuels 
through pipelines in existence as the date of en-
actment of this Act; 
(C) the development of new biofuels pipe-
lines, including siting, financing, timing, and 
other economic issues; 
(D) the implications of various biofuel 
blend levels on infrastructure needs; 
(E) the implications of various approaches 
to infrastructure development on resource use 
and conservation; 
(F) regional differences in biofuels infra-
structure needs; and 
(G) other infrastructure issues, as deter-
mined by the Secretaries. 
(c) IMPLEMENTATION.—In carrying out this section, 
the Secretaries — 
(1) shall— 
(A) consult with individuals and entities 
with interest or expertise in the areas described 
in subsection (b); 
(B) to the extent available, use the infor-
mation developed and results of the related 
studies authorized under sections 243 and 245 
of the Energy Independence and Security Act 
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of 2007 (Public Law 110–140; 121 Stat. 1540, 
1546)); and 
(C) submit to Congress the report required 
under subsection (a)(3), including— 
(i) in the Senate— 
(I) the Committee on Agri-
culture, Nutrition, and Forestry ; 
(II) the Committee on Com-
merce, Science, and Transportation; 
(III) the Committee on Energy 
and Natural Resources; and 
(IV) the Committee on Environ-
ment and Public Works; and 
(ii) in the House of Representatives— 
(I) the Committee on Agri-
culture; 
(II) the Committee on Energy 
and Commerce; 
(III) the Committee on Trans-
portation and Infrastructure; and 
(IV) the Committee on Science 
and Technology; and 
(2) may issue a solicitation for a competition to 
select a contractor to support the Secretaries. 
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SEC. 9003. RENEWABLE FERTILIZER STUDY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of receipt of appropriations to carry out this section, 
the Secretary shall— 
(1) conduct a study to assess the current state 
of knowledge regarding the potential for the produc-
tion of fertilizer from renewable energy sources in 
rural areas, including— 
(A) identification of the critical challenges 
to commercialization of rural production of ni-
trogen and phosphorus-based fertilizer from re-
newables; 
(B) the most promising processes and 
technologies for renewable fertilizer production; 
(C) the potential cost-competitiveness of 
renewable fertilizer; and 
(D) the potential impacts of renewable fer-
tilizer on fossil fuel use and the environment; 
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 describing the results of the study. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$1,000,000 for fiscal year 2009. 
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TITLE X—HORTICULTURE AND 
ORGANIC AGRICULTURE 
SEC. 10001. DEFINITIONS. 
In this title: 
(1) SPECIALTY
CROP.—The term ‘‘specialty 
crop’’ has the meaning given the term in section 3 
of the Specialty Crops Competitiveness Act of 2004 
(7 U.S.C. 1621 note; Public Law 108–465). 
(2) STATE DEPARTMENT OF AGRICULTURE.— 
The term ‘‘State department of agriculture’’ means 
the agency, commission, or department of a State 
government responsible for protecting and promoting 
agriculture in the State. 
Subtitle A—Horticulture Marketing 
and Information 
SEC. 10101. INDEPENDENT EVALUATION OF DEPARTMENT 
OF AGRICULTURE COMMODITY PURCHASE 
PROCESS. 
(a) EVALUATION REQUIRED.—The Secretary shall 
arrange to have performed an independent evaluation of 
the purchasing processes (including the budgetary, statu-
tory, and regulatory authority underlying the processes) 
used by the Department of Agriculture to implement the 
requirement that funds available under section 32 of the 
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Act of August 24, 1935 (7 U.S.C. 612c), shall be prin-
cipally devoted to perishable agricultural commodities. 
(b) SUBMISSION OF RESULTS.—Not later than 18 
months 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 re-
port on the results of the evaluation. 
SEC. 10102. QUALITY REQUIREMENTS FOR CLEMENTINES. 
Section 8e(a) of the Agricultural Adjustment Act (7 
U.S.C. 608e–1(a)), reenacted with amendments by the Ag-
ricultural Marketing Agreement Act of 1937, is amended 
in the matter preceding the first proviso in the first sen-
tence by inserting ‘‘clementines,’’ after ‘‘nectarines,’’. 
SEC. 10103. INCLUSION OF SPECIALTY CROPS IN CENSUS 
OF AGRICULTURE. 
Section 2(a) of the Census of Agriculture Act of 1997 
(7 U.S.C. 2204g(a)) is amended— 
(1) by striking ‘‘In 1998’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—In 1998’’; and 
(2) by adding at the end the following: 
‘‘(2) INCLUSION OF SPECIALTY CROPS.—Effec-
tive beginning with the census of agriculture re-
quired to be conducted in 2008, the Secretary shall 
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conduct as part of each census of agriculture a cen-
sus of specialty crops (as that term is defined in sec-
tion 3 of the Specialty Crops Competitiveness Act of 
2004 (7 U.S.C. 1621 note; Public Law 108-465)).’’. 
SEC. 10104. MUSHROOM PROMOTION, RESEARCH, AND CON-
SUMER INFORMATION. 
(a) REGIONS AND MEMBERS.—Section 1925(b)(2) of 
the Mushroom Promotion, Research, and Consumer Infor-
mation Act of 1990 (7 U.S.C. 6104(b)(2)) is amended— 
(1) in subparagraph (B), by striking ‘‘4 re-
gions’’ and inserting ‘‘3 regions’’; 
(2) 
in 
subparagraph 
(D), 
by 
striking 
‘‘35,000,000 pounds’’ and inserting ‘‘50,000,000 
pounds’’; and 
(3) by striking subparagraph (E) and inserting 
the following: 
‘‘(E) ADDITIONAL MEMBERS.—In addition 
to the members appointed pursuant to para-
graph (1), and subject to the 9-member limit of 
members on the Council provided in that para-
graph, the Secretary shall appoint additional 
members to the council from a region that at-
tains additional pounds of production as fol-
lows: 
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‘‘(i) If the annual production of a re-
gion is greater than 110,000,000 pounds, 
but less than or equal to 180,000,000 
pounds, the region shall be represented by 
1 additional member. 
‘‘(ii) If the annual production of a re-
gion is greater than 180,000,000 pounds, 
but less than or equal to 260,000,000 
pounds, the region shall be represented by 
2 additional members. 
‘‘(iii) If the annual production of a re-
gion is greater than 260,000,000 pounds, 
the region shall be represented by 3 addi-
tional members.’’. 
(b) POWERS
AND DUTIES
OF COUNCIL.—Section 
1925(c) of the Mushroom Promotion, Research, and Con-
sumer Information Act of 1990 (7 U.S.C. 6104(c)) is 
amended— 
(1) by redesignating paragraphs (6), (7), and 
(8) as paragraphs (7), (8), and (9), respectively; and 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) to develop and propose to the Secretary 
programs for good agricultural and good handling 
practices and related activities for mushrooms;’’. 
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SEC. 10105. FOOD SAFETY EDUCATION INITIATIVES. 
(a) INITIATIVE AUTHORIZED.—The Secretary may 
carry out a food safety education program to educate the 
public and persons in the fresh produce industry about— 
(1) scientifically proven practices for reducing 
microbial pathogens on fresh produce; and 
(2) methods of reducing the threat of cross-con-
tamination of fresh produce through sanitary han-
dling practices. 
(b) COOPERATION.—The Secretary may carry out the 
education program in cooperation with public and private 
partners. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section $1,000,000 for each of fiscal years 2008 
through 2012, to remain available until expended. 
SEC. 10106. FARMERS’ MARKET PROMOTION PROGRAM. 
Section 6 of the Farmer-to-Consumer Direct Mar-
keting Act of 1976 (7 U.S.C. 3005) is amended— 
(1) in subsection (a), by inserting ‘‘and to pro-
mote direct producer-to-consumer marketing’’ before 
the period at the end; 
(2) in subsection (b)(1)— 
(A) in subparagraph (A), by inserting 
‘‘agri-tourism activities,’’ after ‘‘programs,’’; 
and 
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(B) in subparagraph (B)— 
(i) by inserting ‘‘agri-tourism activi-
ties,’’ after ‘‘programs,’’ and 
(ii) by striking ‘‘infrastructure’’ and 
inserting ‘‘marketing opportunities’’; 
(3) in subsection (c)(1), by inserting ‘‘or a pro-
ducer network or association’’ after ‘‘cooperative’’; 
and 
(4) by striking subsection (e) and inserting the 
following: 
‘‘(e) FUNDING.— 
‘‘(1) IN GENERAL.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall use 
to carry out this section— 
‘‘(A) $3,000,000 for fiscal year 2008; 
‘‘(B) $5,000,000 for each of fiscal years 
2009 through 2010; and 
‘‘(C) $10,000,000 for each of fiscal years 
2011 and 2012. 
‘‘(2) USE OF FUNDS.—Not less than 10 percent 
of the funds used to carry out this section in a fiscal 
year under paragraph (1) shall be used to support 
the use of electronic benefits transfers for Federal 
nutrition programs at farmers’ markets. 
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‘‘(3) INTERDEPARTMENTAL
COORDINATION.— 
In carrying out this subsection, the Secretary shall 
ensure coordination between the various agencies to 
the maximum extent practicable. 
‘‘(4) LIMITATION.—Funds described in para-
graph (2)— 
‘‘(A) may not be used for the ongoing cost 
of carrying out any project; and 
‘‘(B) shall only be provided to eligible enti-
ties that demonstrate a plan to continue to pro-
vide EBT card access at 1 or more farmers’ 
markets following the receipt of the grant.’’. 
SEC. 10107. SPECIALTY CROPS MARKET NEWS ALLOCATION. 
(a) IN GENERAL.—The Secretary shall— 
(1) carry out market news activities to provide 
timely price and shipment information of specialty 
crops in the United States; and 
(2) use funds made available under subsection 
(b) to increase the reporting levels for specialty 
crops in effect on the date of enactment of this Act. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other funds made available through annual ap-
propriations for market news services, there is authorized 
to be appropriated to carry out this section $9,000,000 
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for each of fiscal years 2008 through 2012, to remain 
available until expended. 
SEC. 10108. EXPEDITED MARKETING ORDER FOR HASS AVO-
CADOS FOR GRADES AND STANDARDS AND 
OTHER PURPOSES. 
(a) IN GENERAL.—The Secretary shall initiate proce-
dures under the Agricultural Adjustment Act (7 U.S.C. 
601 et seq.), reenacted with amendments by the Agricul-
tural Marketing Agreement Act of 1937, to determine 
whether it would be appropriate to establish a Federal 
marketing order for Hass avocados relating to grades and 
standards and for other purposes under that Act. 
(b) EXPEDITED PROCEDURES.— 
(1) PROPOSAL FOR AN ORDER.—An organiza-
tion of domestic avocado producers in existence on 
the date of enactment of this Act may request the 
issuance of, and submit to the Secretary a proposal 
for, an order described in subsection (a). 
(2) PUBLICATION
OF
PROPOSAL.—Not later 
than 60 days after the date on which the Secretary 
receives a proposed order under paragraph (1), the 
Secretary shall initiate procedures described in sub-
section (a) to determine whether the proposed order 
should proceed. 
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(c) EFFECTIVE DATE.—Any order issued under this 
section shall become effective not later than 15 months 
after the date on which the Secretary initiates procedures 
under the Agricultural Adjustment Act (7 U.S.C. 601 et 
seq.), reenacted with amendments by the Agricultural 
Marketing Agreement Act of 1937. 
SEC. 10109. SPECIALTY CROP BLOCK GRANTS. 
(a) DEFINITION OF SPECIALTY CROP.—Section 3(1) 
of the Specialty Crops Competitiveness Act of 2004 (Pub-
lic Law 108–465; 7 U.S.C. 1621 note) is amended by in-
serting ‘‘horticulture and’’ before ‘‘nursery’’. 
(b) DEFINITION OF STATE.—Section 3(2) of the Spe-
cialty Crops Competitiveness Act of 2004 (Public Law 
108–465; 7 U.S.C. 1621 note) is amended by striking 
‘‘and the Commonwealth of Puerto Rico’’ and inserting 
‘‘the Commonwealth of Puerto Rico, Guam, American 
Samoa, the United States Virgin Islands, and the Com-
monwealth of the Northern Mariana Islands’’. 
(c) SPECIALTY CROP BLOCK GRANTS.—Section 101 
of the Specialty Crops Competitiveness Act of 2004 (Pub-
lic Law 108–465; 7 U.S.C. 1621 note) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Subject to the appropria-
tion of funds to carry out this section’’ and in-
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serting ‘‘Using the funds made available under 
subsection (j)’’; and 
(B) by striking ‘‘2009’’ and inserting 
‘‘2012’’; 
(2) in subsection (b), by striking ‘‘appropriated 
pursuant to the authorization of appropriations in 
subsection (i)’’ and inserting ‘‘made available under 
subsection (j)’’; 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) MINIMUM GRANT AMOUNT.—Notwithstanding 
subsection (b), each State shall receive a grant under this 
section for each fiscal year in an amount that is at least 
equal to the higher of— 
‘‘(1) $100,000; or 
‘‘(2) 1⁄3 of 1 percent of the total amount of 
funding made available to carry out this section for 
the fiscal year.’’; and 
(4) by striking subsection (i) and inserting the 
following: 
‘‘(i) REALLOCATION.— 
‘‘(1) IN GENERAL.—The Secretary shall reallo-
cate to other States in accordance with paragraph 
(2) any amounts made available for a fiscal year 
under this section that are not obligated or expended 
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by a date during that fiscal year determined by the 
Secretary. 
‘‘(2) PRO RATA ALLOCATION.—The Secretary 
shall allocate funds described in paragraph (1) pro 
rata to the remaining States that applied during the 
specified grant application period. 
‘‘(3) USE OF REALLOCATED FUNDS.—Funds al-
located to a State under this subsection shall be 
used by the State only to carry out projects that 
were previously approved in the State plan of the 
State. 
‘‘(j) FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary of Agriculture shall 
make grants under this section, using— 
‘‘(1) $10,000,000 for fiscal year 2008; 
‘‘(2) $49,000,000 for fiscal year 2009; and 
‘‘(3) $55,000,000 for each of fiscal years 2010 
through 2012.’’. 
Subtitle B—Pest and Disease 
Management 
SEC. 10201. PLANT PEST AND DISEASE MANAGEMENT AND 
DISASTER PREVENTION. 
(a) IN GENERAL.—Subtitle A of the Plant Protection 
Act (7 U.S.C. 7711 et seq.) is amended by adding at the 
end the following: 
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‘‘SEC. 420. PLANT PEST AND DISEASE MANAGEMENT AND 
DISASTER PREVENTION. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) EARLY PLANT PEST DETECTION AND SUR-
VEILLANCE.—The term ‘early plant pest detection 
and surveillance’ means the full range of activities 
undertaken to find newly introduced plant pests, 
whether the plant pests are new to the United States 
or new to certain areas of the United States, be-
fore— 
‘‘(A) the plant pests become established; or 
‘‘(B) the plant pest infestations become too 
large and costly to eradicate or control. 
‘‘(2) SPECIALTY
CROP.—The term ‘specialty 
crop’ has the meaning given the term in section 3 
of the Specialty Crops Competitiveness Act of 2004 
(7 U.S.C. 1621 note; Public Law 108–465). 
‘‘(3) STATE DEPARTMENT OF AGRICULTURE.— 
The term ‘State department of agriculture’ means 
an agency of a State that has a legal responsibility 
to perform early plant pest detection and surveil-
lance activities. 
‘‘(b) EARLY PLANT PEST DETECTION AND SURVEIL-
LANCE IMPROVEMENT PROGRAM.— 
‘‘(1) COOPERATIVE
AGREEMENTS.—The Sec-
retary shall enter into a cooperative agreement with 
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each State department of agriculture that agrees to 
conduct early plant pest detection and surveillance 
activities. 
‘‘(2) CONSULTATION.—In carrying out this sub-
section, the Secretary shall consult with— 
‘‘(A) the National Plant Board; and 
‘‘(B) other interested parties. 
‘‘(3) FEDERAL
ADVISORY
COMMITTEE
ACT.— 
The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to consultations under this 
subsection. 
‘‘(4) APPLICATION.— 
‘‘(A) IN GENERAL.—A State department of 
agriculture seeking to enter into a cooperative 
agreement under this subsection shall submit to 
the Secretary an application containing such in-
formation as the Secretary may require. 
‘‘(B) NOTIFICATION.—The Secretary shall 
notify applicants of— 
‘‘(i) the requirements to be imposed 
on a State department of agriculture for 
auditing of, and reporting on, the use of 
any funds provided by the Secretary under 
the cooperative agreement; 
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‘‘(ii) the criteria to be used to ensure 
that early pest detection and surveillance 
activities supported under the cooperative 
agreement are based on sound scientific 
data or thorough risk assessments; and 
‘‘(iii) the means of identifying path-
ways of pest introductions. 
‘‘(5) USE OF FUNDS.— 
‘‘(A) PLANT PEST DETECTION AND SUR-
VEILLANCE
ACTIVITIES.—A State department 
of agriculture that receives funds under this 
subsection shall use the funds to carry out early 
plant pest detection and surveillance activities 
approved by the Secretary to prevent the intro-
duction or spread of a plant pest. 
‘‘(B) SUBAGREEMENTS.—Nothing in this 
subsection prevents a State department of agri-
culture from using funds received under para-
graph (4) to enter into subagreements with po-
litical subdivisions of the State that have legal 
responsibilities relating to agricultural plant 
pest and disease surveillance. 
‘‘(C) NON-FEDERAL
SHARE.—The non- 
Federal share of the cost of carrying out a co-
operative agreement under this section may be 
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provided in-kind, including through provision of 
such indirect costs of the cooperative agreement 
as the Secretary considers to be appropriate. 
‘‘(D) ABILITY TO PROVIDE FUNDS.—The 
Secretary shall not take the ability to provide 
non-Federal costs to carry out a cooperative 
agreement entered into under subparagraph (A) 
into consideration when deciding whether to 
enter into a cooperative agreement with a State 
department of agriculture. 
‘‘(6) SPECIAL
FUNDING
CONSIDERATIONS.— 
The Secretary shall provide funds to a State depart-
ment of agriculture if the Secretary determines 
that— 
‘‘(A) the State department of agriculture is 
in a State that has a high risk of being affected 
by 1 or more plant pests or diseases, taking 
into consideration— 
‘‘(i) the number of international ports 
of entry in the State; 
‘‘(ii) the volume of international pas-
senger and cargo entry into the State; 
‘‘(iii) the geographic location of the 
State and if the location or types of agri-
cultural commodities produced in the State 
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are conducive to agricultural pest and dis-
ease establishment due to the climate, crop 
diversity, or natural resources (including 
unique plant species) of the State; and 
‘‘(iv) whether the Secretary has deter-
mined 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 es-
tablishment of plant pests; and 
‘‘(ii) provide a comprehensive ap-
proach to compliment Federal detection ef-
forts. 
‘‘(7) REPORTING
REQUIREMENT.—Not later 
than 90 days after the date of completion of an early 
plant pest detection and surveillance activity con-
ducted by a State department of agriculture using 
funds provided under this section, the State depart-
ment of agriculture shall submit to the Secretary a 
report that describes the purposes and results of the 
activities. 
‘‘(c) THREAT
IDENTIFICATION
AND
MITIGATION 
PROGRAM.— 
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‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a threat identification and mitigation pro-
gram to determine and address threats to the do-
mestic production of crops. 
‘‘(2) REQUIREMENTS.—In conducting the pro-
gram established under paragraph (1), the Secretary 
shall— 
‘‘(A) develop risk assessments of the poten-
tial threat to the agricultural industry of the 
United States from foreign sources; 
‘‘(B) collaborate with the National Plant 
Board; and 
‘‘(C) implement action plans for high con-
sequence plant pest and diseases to assist in 
preventing the introduction and widespread dis-
semination of new plant pest and disease 
threats in the United States. 
‘‘(3) REPORTS.—Not later than 1 year after the 
date of enactment of this paragraph, and annually 
thereafter, the Secretary shall submit to the Com-
mittee on Agriculture of the House of Representa-
tives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate a report on the action 
plans described in paragraph (2), including an ac-
counting of funds expended on the action plans. 
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‘‘(d) SPECIALTY CROP CERTIFICATION
AND RISK 
MANAGEMENT SYSTEMS.—The Secretary shall provide 
funds and technical assistance to specialty crop growers, 
organizations representing specialty crop growers, and 
State and local agencies working with specialty crop grow-
ers and organizations for the development and implemen-
tation of— 
‘‘(1) audit-based certification systems, such as 
best management practices— 
‘‘(A) to address plant pests; and 
‘‘(B) to mitigate the risk of plant pests in 
the movement of plants and plant products; and 
‘‘(2) nursery plant pest risk management sys-
tems, in collaboration with the nursery industry, re-
search 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, establish-
ment, and spread of those plant pests and dis-
eases; and 
‘‘(C) to reduce the risk of and mitigate 
those plant pests and diseases. 
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‘‘(e) FUNDING.—Of the funds of the Commodity 
Credit Corporation, 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 dis-
approves the rule submitted by the Secretary of Agri-
culture 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 Net-
work’’ (referred to in this section as the ‘‘Program’’). 
(b) REQUIREMENTS.—Under the Program, the Sec-
retary 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. 
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(c) AVAILABILITY OF CLEAN PLANT SOURCE MATE-
RIAL.—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 car-
rying out the Program, the Secretary shall— 
(1) consult with State departments of agri-
culture, land grant universities, and NLGCA Institu-
tions (as defined in section 1404 of the National Ag-
ricultural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3103)); and 
(2) to the extent practicable and with input 
from the appropriate State officials and industry 
representatives, use existing Federal or State facili-
ties to serve as clean plant centers. 
(e) FUNDING.—Of the funds of the Commodity Cred-
it Corporation, 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.—Sec-
tion 415(e) of the Plant Protection Act (7 U.S.C. 7715(e)) 
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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’’. 
(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, electronically stored informa-
tion, and other tangible 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 administration or enforcement of this title or any 
matter under investigation in connection with this title.’’; 
(2) in subsection (b), by striking ‘‘documen-
tary’’; and 
(3) in subsection (c)— 
(A) in the first sentence, by striking ‘‘testi-
mony of any witness and the production of doc-
umentary evidence’’ and inserting ‘‘testimony of 
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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 adju-
dicated in a single proceeding’’ and inserting ‘‘$500,000 
for all violations adjudicated in a single proceeding if the 
violations do not include a willful violation, and 
$1,000,000 for all violations adjudicated in a single pro-
ceeding if the violations include a willful violation’’. 
SEC. 10204. REGULATIONS TO IMPROVE MANAGEMENT AND 
OVERSIGHT OF CERTAIN REGULATED ARTI-
CLES. 
(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, pro-
mulgate regulations to improve the management and 
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oversight of articles regulated under the Plant Pro-
tection Act (7 U.S.C. 7701 et seq.). 
(b) INCLUSIONS.—In carrying out subsection (a), the 
Secretary shall take actions that are designed to en-
hance— 
(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 unau-
thorized 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 per-
mit and notification processes. 
(c) CONSIDERATION.—In carrying out subsection (a), 
the Secretary shall consider— 
(1) establishing— 
(A) a system of risk-based categories to 
classify each regulated article; 
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(B) a means to identify regulated articles 
(including the retention of seed samples); and 
(C) standards for isolation and contain-
ment distances; and 
(2) requiring permit holders— 
(A) to maintain a positive chain of cus-
tody; 
(B) to provide for the maintenance of 
records; 
(C) to provide for the accounting of mate-
rial; 
(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 con-
siders 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. 
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(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 determined 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 or-
ganization. 
(b) ESTABLISHMENT
OF FUND.—There is estab-
lished 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 appro-
priated to the Fund under subsection (f). 
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(c) EXPENDITURES FROM FUND.— 
(1) IN GENERAL.—Subject to paragraph (2), on 
request by the Secretary, the Secretary of the Treas-
ury shall transfer from the Fund to the Secretary 
such amounts as the Secretary determines are nec-
essary to provide loans under subsection (e). 
(2) ADMINISTRATIVE EXPENSES.—An amount 
not exceeding 10 percent of the amounts in the 
Fund shall be available for each fiscal year to pay 
the administrative expenses necessary 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 esti-
mates 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 
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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 government has appropriated to fi-
nance purchases of authorized 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 Sec-
retary under subparagraph (A), the eligible unit 
of local government shall submit to the Sec-
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retary a report that describes each purchase 
made by the eligible unit of local government 
using assistance provided 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 govern-
ment— 
(i) to repay to the Secretary of the 
Treasury, not later than 1 year after the 
date on which the eligible unit of local gov-
ernment receives a loan under paragraph 
(1), 
and 
semiannually 
thereafter, 
an 
amount equal to the quotient obtained by 
dividing— 
(I) the principal amount of the 
loan (including interest); by 
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(II) the total quantity of pay-
ments that the eligible unit of local 
government is required to make dur-
ing the repayment period of the loan; 
and 
(ii) not later than 20 years after the 
date on which the eligible unit of local gov-
ernment receives a loan under paragraph 
(1), to complete repayment to the Sec-
retary 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 AC-
TIVITIES. 
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 financ-
ing mechanism provided to the State under a cooper-
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ative 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 assist-
ance or financing under paragraph (1), a unit of 
local government shall be— 
‘‘(A) engaged in any activity relating to 
the eradication, prevention, control, or suppres-
sion of the plant pest infestation covered under 
the cooperative agreement between the Sec-
retary and the State; and 
‘‘(B) capable of documenting each plant 
pest infestation eradication, prevention, control, 
or suppression activity generally carried out 
by— 
‘‘(i) the Department of Agriculture; or 
‘‘(ii) the State department of agri-
culture that has jurisdiction over the unit 
of local government.’’. 
Subtitle C—Organic Agriculture 
SEC. 10301. NATIONAL ORGANIC CERTIFICATION COST- 
SHARE PROGRAM. 
Section 10606 of the Farm Security and Rural In-
vestment Act of 2002 (7 U.S.C. 6523) is amended— 
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(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 Agri-
culture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Sen-
ate a report that describes the requests by, disbursements 
to, and expenditures for each State under the 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 INI-
TIATIVES. 
Section 7407 of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 5925c) is amended to read 
as follows: 
‘‘SEC. 7407. ORGANIC PRODUCTION AND MARKET DATA INI-
TIATIVES. 
‘‘(a) IN GENERAL.—The Secretary shall collect and 
report data on the production and marketing of organic 
agricultural products. 
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‘‘(b) REQUIREMENTS.—In carrying out subsection 
(a), the Secretary shall, at a minimum— 
‘‘(1) collect and distribute comprehensive re-
porting of prices relating to organically produced ag-
ricultural products; 
‘‘(2) conduct surveys and analysis and publish 
reports relating to organic production, handling, dis-
tribution, retail, and trend studies (including con-
sumer purchasing patterns); and 
‘‘(3) develop surveys and report statistical anal-
ysis on organically produced agricultural products. 
‘‘(c) REPORT.—Not later than 180 days after the 
date of enactment of this subsection, 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— 
‘‘(1) describes the progress that has been made 
in implementing this section; and 
‘‘(2) identifies any additional production and 
marketing data needs. 
‘‘(d) FUNDING.— 
‘‘(1) IN GENERAL.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall use 
to carry out this section $5,000,000, to remain 
available until expended. 
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‘‘(2) ADDITIONAL
FUNDING.—In addition to 
funds made available under paragraph (1), there are 
authorized to be appropriated to carry out this sec-
tion 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.—Notwith-
standing 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 addi-
tional sums as are necessary for fiscal year 2009 
and each fiscal year thereafter.’’. 
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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.—Notwith-
standing 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 prac-
ticable 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 pro-
ducer board. 
‘‘(C) 
REQUIREMENTS.—In 
conducting 
referenda under subparagraph (B), and in exer-
cising fiduciary responsibilities in any transition 
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to any 1 or more successor boards, the Sec-
retary shall— 
‘‘(i) conduct a referendum of eligible 
United States honey producers for the es-
tablishment 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 handlers of 
honey; 
‘‘(iii) notwithstanding the timing of 
the referenda required under clauses (i) 
and (ii) or of the establishment of any 1 or 
more successor boards pursuant to those 
referenda, ensure that the rights and inter-
ests of honey producers, importers, pack-
ers, 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 transition to any 1 or more new suc-
cessor marketing boards; 
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‘‘(iv) ensure that the existing Honey 
Board continues 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 dur-
ing any remaining period in which a 
referendum on a successor board or 
the establishment of such a board is 
pending; and 
‘‘(v) discontinue collection of assess-
ments under the order establishing the ex-
isting Honey Board on the date the Sec-
retary requires that collections commence 
pursuant to an order approved in a ref-
erendum by eligible producers or proc-
essors and importers of honey. 
‘‘(D) HONEY BOARD REFERENDUM.—If 1 
or more orders are approved pursuant to para-
graph (C)— 
‘‘(i) the Secretary shall not be re-
quired to conduct a continuation ref-
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erendum 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 sen-
tences 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 certifi-
cate of quality, grade mark or statement, con-
tinuous inspection mark or statement, sampling 
mark or statement, or any combination of the 
certificates, marks, or statements of the De-
partment 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 com-
parable size, the 1 or more names of the 1 or 
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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 re-
quirements of subparagraph (A) may be deemed 
by the Secretary to be sufficient cause for de-
barment 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 de-
scribed in subsection (b)— 
(1) to improve the cost-effective movement of 
specialty crops to local, regional, national, and inter-
national markets; and 
(2) to address regional intermodal transpor-
tation deficiencies that adversely affect the move-
ment 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: 
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(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 appro-
priate by the Secretary. 
(c) MATCHING FUNDS.—The recipient of a grant 
under this section shall contribute an amount of non-Fed-
eral funds toward the project for which the grant is pro-
vided that is at least equal 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 enactment 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 pay-
ment under this section shall be based on the reduction 
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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 aver-
age 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 pay-
ments to producers of asparagus under this section. 
(2) ALLOCATION.—Of the amount made avail-
able under paragraph (1), the Secretary shall use— 
(A) $7,500,000 to make payments to pro-
ducers of asparagus for the fresh market; and 
(B) $7,500,000 to make payments to pro-
ducers of asparagus for the processed or frozen 
market. 
TITLE XI—LIVESTOCK 
SEC. 11001. LIVESTOCK MANDATORY REPORTING. 
(a) WEB SITE IMPROVEMENTS
AND USER EDU-
CATION.— 
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(1) IN GENERAL.—Section 251(g) of the Agri-
cultural Marketing 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 report-
ing and publishing of the information required under 
this subtitle by electronic means. 
‘‘(2) IMPROVEMENTS AND EDUCATION.— 
‘‘(A) 
ENHANCED
ELECTRONIC
PUB-
LISHING.—The Secretary shall develop and im-
plement an enhanced system of electronic pub-
lishing to disseminate information collected pur-
suant to this subtitle. Such system shall— 
‘‘(i) present information in a format 
that can be readily understood by pro-
ducers, packers, and other market partici-
pants; 
‘‘(ii) adhere to the publication dead-
lines in this subtitle; 
‘‘(iii) present information in charts 
and graphs, as appropriate; 
‘‘(iv) present comparative information 
for prior reporting periods, as the Sec-
retary considers appropriate; and 
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‘‘(v) be updated as soon as practicable 
after information is reported to the Sec-
retary. 
‘‘(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 subparagraph (A); and 
‘‘(ii) interpreting and understanding 
information collected and disseminated 
through such system.’’. 
(2) APPLICABILITY.— 
(A) ENHANCED
REPORTING.—The Sec-
retary of Agriculture shall develop and imple-
ment 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 de-
termines sufficient funds have been appro-
priated pursuant to subsection (c). 
(B) CURRENT
SYSTEM.—Notwithstanding 
the amendment made by paragraph (1), the 
Secretary shall continue to use the information 
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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 in-
formation), including— 
(A) the positive or negative economic ef-
fects on producers and consumers; and 
(B) the effects of a confidentiality require-
ment on mandatory reporting. 
(2) INFORMATION.—During the period pre-
ceding the submission of the report under paragraph 
(3), the Secretary may collect, and each packer proc-
essing 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 
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shall submit to the Committee on Agriculture of the 
House of Representatives and the Committee on Ag-
riculture, 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’’; 
(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 para-
graphs (2) and (3) and inserting the following: 
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‘‘(2) DESIGNATION
OF
COUNTRY
OF
ORIGIN 
FOR
BEEF, LAMB, PORK, CHICKEN, AND
GOAT 
MEAT.— 
‘‘(A) UNITED STATES COUNTRY OF ORI-
GIN.—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 ani-
mal that was— 
‘‘(i) exclusively born, raised, and 
slaughtered in the United States; 
‘‘(ii) born and raised in Alaska or Ha-
waii 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 continu-
ously in the United States. 
‘‘(B) MULTIPLE COUNTRIES OF ORIGIN.— 
‘‘(i) IN
GENERAL.—A retailer of a 
covered commodity that is beef, lamb, 
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pork, chicken, or goat meat that is derived 
from an animal that is— 
‘‘(I) not exclusively born, raised, 
and slaughtered in the United States, 
‘‘(II) born, raised, or slaughtered 
in the United States, and 
‘‘(III) not imported into the 
United States for immediate slaugh-
ter, 
may designate the country of origin of 
such covered commodity as all of the coun-
tries in which the animal may have been 
born, raised, or slaughtered. 
‘‘(ii) RELATION
TO
GENERAL
RE-
QUIREMENT.—Nothing in this subpara-
graph alters the mandatory requirement to 
inform consumers of the country of origin 
of covered commodities under paragraph 
(1). 
‘‘(C) IMPORTED FOR IMMEDIATE SLAUGH-
TER.—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 
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designate the origin of such covered commodity 
as— 
‘‘(i) the country from which the ani-
mal 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 de-
rived from an animal that is not born, raised, 
or slaughtered in the United States shall des-
ignate a country other than the United States 
as the country of origin of such commodity. 
‘‘(E) GROUND BEEF, PORK, LAMB, CHICK-
EN, 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.— 
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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, peanut, pecan, or maca-
damia nut may designate the covered com-
modity as having a United States country of or-
igin 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, designation by a retailer of the State, 
region, or locality of the United States where 
such commodity was produced shall be suffi-
cient to identify the United States as the coun-
try of origin.’’; and 
(B) by striking subsection (d) and insert-
ing the following: 
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‘‘(d) AUDIT VERIFICATION SYSTEM.— 
‘‘(1) IN GENERAL.—The Secretary may conduct 
an audit of any person that prepares, stores, han-
dles, or distributes a covered commodity for retail 
sale to verify compliance with this subtitle (including 
the regulations promulgated under section 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 ori-
gin of covered commodities. Records maintained 
in the course of the normal conduct of the busi-
ness of such person, including animal health pa-
pers, 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 commodity 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 person.’’; and 
(3) in section 283— 
(A) by striking subsections (a) and (c); 
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(B) by redesignating subsection (b) as sub-
section (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 sup-
plying 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 Sec-
retary may fine the retailer or person in an amount of 
not more than $1,000 for each violation.’’. 
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SEC. 11003. AGRICULTURAL FAIR PRACTICES ACT OF 1967 
DEFINITIONS. 
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), respec-
tively; and 
(B) in clause (iv) (as so redesignated), by 
striking ‘‘clause (1), (2), or (3) of this para-
graph’’ 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 appropriately, and moving those para-
graphs so as to appear in numerical order; 
(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 com-
prised 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: 
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‘‘(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 promoting the com-
mon interest and general welfare of producers 
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 sub-
paragraph (A) (as redesignated by subpara-
graph (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 pro-
ducer.’’. 
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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 following: 
‘‘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 enforce-
ment area category (financial, trade practice, or 
competitive acts and practices), with respect to in-
vestigations 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 Agri-
culture; 
‘‘(C) for investigations described in sub-
paragraph (B), the length of time from initi-
ation of the investigation to when the investiga-
tion was closed or settled without the filing of 
an enforcement complaint; 
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