1241 
‘‘(D) the number of investigations that re-
sulted in referral to the General Counsel of the 
Department of Agriculture for further action, 
the number of such referrals resolved without 
administrative enforcement action, and the 
number of enforcement actions filed by the 
General Counsel; 
‘‘(E) for referrals to the General Counsel 
that resulted in an administrative enforcement 
action being filed, the length of time from the 
referral to the filing of the administrative ac-
tion; 
‘‘(F) for referrals to the General Counsel 
that resulted in an administrative enforcement 
action being filed, the length of time from filing 
to resolution of the administrative enforcement 
action; 
‘‘(G) the number of investigations that re-
sulted in referral to the Department of Justice 
for further action, and the number of civil en-
forcement actions filed by the Department of 
Justice on behalf of the Secretary pursuant to 
such a referral; 
‘‘(H) for referrals that resulted in a civil 
enforcement action being filed by the Depart-
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ment of Justice, the length of time from the re-
ferral to the filing of the enforcement action; 
‘‘(I) for referrals that resulted in a civil en-
forcement action being filed by the Department 
of Justice, the length of time from the filing of 
the enforcement action to resolution; and 
‘‘(J) the average civil penalty imposed in 
administrative or civil enforcement actions for 
violations of this Act, and the total amount of 
civil penalties imposed in all such enforcement 
actions; and 
‘‘(2) includes any other additional information 
the Secretary considers important to include in the 
annual report. 
‘‘(b) FORMAT
OF INFORMATION PROVIDED.—For 
subparagraphs (C), (E), (F), and (H) of subsection (a)(1), 
the Secretary may, if appropriate due to the number of 
complaints for a given category, provide summary statis-
tics (including range, maximum, minimum, mean, and av-
erage times) and graphical representations.’’. 
(b) SUNSET.—Effective September 30, 2012, section 
416 of the Packers and Stockyards Act, 1921, as added 
by subsection (a)(2), is repealed. 
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SEC. 11005. PRODUCTION CONTRACTS. 
Title II of the Packers and Stockyards Act, 1921 (7 
U.S.C. 198 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 208. PRODUCTION CONTRACTS. 
‘‘(a) RIGHT OF CONTRACT PRODUCERS TO CANCEL 
PRODUCTION CONTRACTS.— 
‘‘(1) IN GENERAL.—A poultry grower or swine 
production contract grower may cancel a poultry 
growing arrangement or swine production contract 
by mailing a cancellation notice to the live poultry 
dealer or swine contractor not later than the later 
of— 
‘‘(A) the date that is 3 business days after 
the date on which the poultry growing arrange-
ment or swine production contract is executed; 
or 
‘‘(B) any cancellation date specified in the 
poultry growing arrangement or swine produc-
tion contract. 
‘‘(2) DISCLOSURE.—A poultry growing arrange-
ment or swine production contract shall clearly dis-
close— 
‘‘(A) the right of the poultry grower or 
swine production contract grower to cancel the 
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poultry growing arrangement or swine produc-
tion contract; 
‘‘(B) the method by which the poultry 
grower or swine production contract grower 
may cancel the poultry growing arrangement or 
swine production contract; and 
‘‘(C) the deadline for canceling the poultry 
growing arrangement or swine production con-
tract. 
‘‘(b) REQUIRED DISCLOSURE OF ADDITIONAL CAP-
ITAL INVESTMENTS IN PRODUCTION CONTRACTS.— 
‘‘(1) IN GENERAL.—A poultry growing arrange-
ment or swine production contract shall contain on 
the first page a statement identified as ‘Additional 
Capital Investments Disclosure Statement’, which 
shall conspicuously state that additional large capital 
investments may be required of the poultry grower 
or swine production contract grower during the term 
of the poultry growing arrangement or swine produc-
tion contract. 
‘‘(2) APPLICATION.—Paragraph (1) shall apply 
to any poultry growing arrangement or swine pro-
duction contract entered into, amended, altered, 
modified, renewed, or extended after the date of the 
enactment of this section. 
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‘‘SEC. 209. CHOICE OF LAW AND VENUE. 
‘‘(a) LOCATION OF FORUM.—The forum for resolving 
any dispute among the parties to a poultry growing ar-
rangement or swine production or marketing contract that 
arises out of the arrangement or contract shall be located 
in the Federal judicial district in which the principle part 
of the performance takes place under the arrangement or 
contract. 
‘‘(b) CHOICE OF LAW.—A poultry growing arrange-
ment or swine production or marketing contract may 
specify which State’s law is to apply to issues governed 
by State law in any dispute arising out of the arrangement 
or contract, except to the extent that doing so is prohibited 
by the law of the State in which the principal part of the 
performance takes place under the arrangement or con-
tract. 
‘‘SEC. 210. ARBITRATION. 
‘‘(a) IN GENERAL.—Any livestock or poultry contract 
that contains a provision requiring the use of arbitration 
to resolve any controversy that may arise under the con-
tract shall contain a provision that allows a producer or 
grower, prior to entering the contract to decline to be 
bound by the arbitration provision. 
‘‘(b) DISCLOSURE.—Any livestock or poultry contract 
that contains a provision requiring the use of arbitration 
shall contain terms that conspicuously disclose the right 
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of the contract producer or grower, prior to entering the 
contract, to decline the requirement to use arbitration to 
resolve any controversy that may arise under the livestock 
or poultry contract. 
‘‘(c) DISPUTE RESOLUTION.—Any contract producer 
or grower that declines a requirement of arbitration pur-
suant to subsection (b) has the right, to nonetheless seek 
to resolve any controversy that may arise under the live-
stock or poultry contract, if, after the controversy arises, 
both parties consent in writing to use arbitration to settle 
the controversy. 
‘‘(d) APPLICATION.—Subsections (a) (b) and (c) shall 
apply to any contract entered into, amended, altered, 
modified, renewed, or extended after the date of the enact-
ment of the Food, Conservation, and Energy Act of 2008 
. 
‘‘(e) UNLAWFUL PRACTICE.—Any action by or on be-
half of a packer, swine contractor, or live poultry dealer 
that violates this section (including any action that has 
the intent or effect of limiting the ability of a producer 
or grower to freely make a choice described in subsection 
(b)) is an unlawful practice under this Act. 
‘‘(f) REGULATIONS.—The Secretary shall promulgate 
regulations to— 
‘‘(1) carry out this section; and 
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‘‘(2) establish criteria that the Secretary will 
consider in determining whether the arbitration 
process provided in a contract provides a meaningful 
opportunity for the grower or producer to participate 
fully in the arbitration process.’’. 
SEC. 11006. REGULATIONS. 
As soon as practicable, but not later than 2 years 
after the date of the enactment of this Act, the Secretary 
of Agriculture shall promulgate regulations with respect 
to the Packers and Stockyards Act, 1921 (7 U.S.C. 181 
et seq.) to establish criteria that the Secretary will con-
sider in determining— 
(1) whether an undue or unreasonable pref-
erence or advantage has occurred in violation of 
such Act; 
(2) whether a live poultry dealer has provided 
reasonable notice to poultry growers of any suspen-
sion of the delivery of birds under a poultry growing 
arrangement; 
(3) when a requirement of additional capital in-
vestments over the life of a poultry growing arrange-
ment or swine production contract constitutes a vio-
lation of such Act; and 
(4) if a live poultry dealer or swine contractor 
has provided a reasonable period of time for a poul-
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try grower or a swine production contract grower to 
remedy a breach of contract that could lead to ter-
mination of the poultry growing arrangement or 
swine production contract. 
SEC. 
11007. 
SENSE 
OF 
CONGRESS 
REGARDING 
PSEUDORABIES ERADICATION PROGRAM. 
It is the sense of Congress that— 
(1) the Secretary of Agriculture should recog-
nize the threat feral swine pose to the domestic 
swine population and the entire livestock industry; 
(2) keeping the United States commercial swine 
herd free of pseudorabies is essential to maintaining 
and growing pork export markets; 
(3) the establishment and continued support of 
a swine surveillance system will assist the swine in-
dustry in the monitoring, surveillance, and eradi-
cation of pseudorabies; and 
(4) pseudorabies eradication is a high priority 
that the Secretary should carry out under the au-
thorities of the Animal Health Protection Act. 
SEC. 11008. SENSE OF CONGRESS REGARDING THE CATTLE 
FEVER TICK ERADICATION PROGRAM. 
It is the sense of Congress that— 
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(1) the cattle fever tick and the southern cattle 
tick are vectors of the causal agent of babesiosis, a 
severe and often fatal disease of cattle; and 
(2) implementing a national strategic plan for 
the cattle fever tick eradication program is a high 
priority that the Secretary of Agriculture should 
carry out in order to— 
(A) prevent the entry of cattle fever ticks 
into the United States; 
(B) enhance and maintain an effective sur-
veillance program to rapidly detect any cattle 
fever tick incursions; and 
(C) research, identify, and procure the 
tools and knowledge necessary to prevent and 
eradicate cattle fever ticks in the United States. 
SEC. 11009. NATIONAL SHEEP INDUSTRY IMPROVEMENT 
CENTER. 
(a) FUNDING.—Section 375(e)(6) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 2008j(e)(6)) 
is amended by striking subparagraphs (B) and (C) and 
inserting the following: 
‘‘(B) 
MANDATORY
FUNDING.—Of 
the 
funds of the Commodity Credit Corporation, the 
Secretary shall use to carry out this section 
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$1,000,000 for fiscal year 2008, to remain 
available until expended. 
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to the Secretary to carry out this section 
$10,000,000 for each of fiscal years 2008 
through 2012.’’. 
(b) REPEAL OF REQUIREMENT TO PRIVATIZE RE-
VOLVING FUND.— 
(1) IN GENERAL.—Section 375 of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 
2008j) is amended by striking subsection (j). 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) takes effect on May 1, 2007. 
SEC. 11010. TRICHINAE CERTIFICATION PROGRAM. 
(a) VOLUNTARY TRICHINAE CERTIFICATION.— 
(1) ESTABLISHMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Agriculture shall establish a voluntary 
trichinae certification program. Such program shall 
include the facilitation of the export of pork prod-
ucts and certification services related to such prod-
ucts. 
(2) REGULATIONS.—The Secretary shall issue 
final regulations to implement the program under 
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paragraph (1) not later than 90 days after the date 
of the enactment of this Act. 
(3) REPORT.—If final regulations are not pub-
lished in accordance with paragraph (2) within 90 
days of the date of the enactment of this Act, the 
Secretary shall submit to the Committee on Agri-
culture of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry 
of the Senate a report containing— 
(A) an explanation of why the final regula-
tions have not been issued in accordance with 
paragraph (2); and 
(B) the date on which the Secretary ex-
pects to issue such final regulations. 
(b) FUNDING.—Subject to the availability of appro-
priations under subsection (d)(1)(A) of section 10405 of 
the Animal Health Protection Act (7 U.S.C. 8304), as 
added by subsection (c), the Secretary shall use not less 
than $6,200,000 of the funds made available under such 
subsection to carry out subsection (a). 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
10405 of the Animal Health Protection Act (7 U.S.C. 
8304) is amended by adding at the end the following new 
subsection: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
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‘‘(1) IN GENERAL.—There is authorized to be 
appropriated— 
‘‘(A) $1,500,000 for each of fiscal years 
2008 through 2012 to carry out section 11010 
of the Food, Conservation, and Energy Act of 
2008; and 
‘‘(B) such sums as may be necessary for 
each of fiscal years 2008 through 2012 to carry 
out this section. 
‘‘(2) 
AVAILABILITY.—Funds 
appropriated 
under paragraph (1) shall remain available until ex-
pended.’’. 
SEC. 11011. LOW PATHOGENIC DISEASES. 
The Animal Health Protection Act (7 U.S.C. 8301 
et seq.) is amended— 
(1) in section 10407(d)(2)(C) (7 U.S.C. 
8306(d)(2)(C)), by striking ‘‘of longer than 60 
days’’; 
(2) in section 10409(b) (7 U.S.C. 8308(b))— 
(A) by redesignating paragraph (2) as 
paragraph (3); 
(B) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) SPECIFIC COOPERATIVE PROGRAMS.—The 
Secretary shall compensate industry participants and 
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State agencies that cooperate with the Secretary in 
carrying out operations and measures under sub-
section (a) for 100 percent of eligible costs relating 
to cooperative programs involving Federal, State, 
and industry participants to control diseases of low 
pathogenicity in accordance with regulations issued 
by the Secretary.’’; and 
(C) in paragraph (3) (as so redesignated), 
by striking ‘‘of longer than 60 days’’; and 
(3) 
in 
section 
10417(b)(3) 
(7 
U.S.C. 
8316(b)(3)), by striking ‘‘of longer than 60 days’’. 
SEC. 11012. ANIMAL PROTECTION. 
(a) WILLFUL VIOLATIONS.—Section 10414(b)(1)(A) 
of the Animal Health Protection Act (7 U.S.C. 
8316(b)(1)(A)) is amended by striking clause (iii) and in-
serting the following: 
‘‘(iii) for all violations adjudicated in 
a single proceeding— 
‘‘(I) $500,000 if the violations do 
not include a willful violation; or 
‘‘(II) $1,000,000 if the violations 
include 1 or more willful violations.’’. 
(b) SUBPOENA AUTHORITY.—Section 10415(a)(2) of 
the Animal Health Protection Act (7 U.S.C. 8314) is 
amended 
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(1) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) IN
GENERAL.—The Secretary shall 
have the power to subpoena the attendance and 
testimony of any witness, the production of all 
evidence (including books, papers, documents, 
electronically stored information, and other tan-
gible things that constitute or contain evi-
dence), or to require the person to whom the 
subpoena is directed to permit the inspection of 
premises relating to the administration or en-
forcement of this title or any matter under in-
vestigation in connection with this title.’’; 
(2) in subparagraph (B), by striking ‘‘documen-
tary’’; and 
(3) in subparagraph (C)— 
(A) in clause (i), by striking ‘‘testimony of 
any witness and the production of documentary 
evidence’’ and inserting ‘‘testimony of any wit-
ness, the production of evidence, or the inspec-
tion of premises’’; and 
(B) in clause (ii), by striking ‘‘question or 
to produce documentary evidence’’ and inserting 
‘‘question, produce evidence, or permit the in-
spection of premises’’. 
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SEC. 11013. NATIONAL AQUATIC ANIMAL HEALTH PLAN. 
(a) IN GENERAL.—The Secretary of Agriculture may 
enter into a cooperative agreement with an eligible entity 
to carry out a project under a national aquatic animal 
health plan under the authority of the Secretary under 
section 10411 of the Animal Health Protection Act (7 
U.S.C. 8310) for the purpose of detecting, controlling, or 
eradicating diseases of aquaculture species and promoting 
species-specific best management practices. 
(b) COOPERATIVE AGREEMENTS BETWEEN ELIGI-
BLE ENTITIES AND THE SECRETARY.— 
(1) DUTIES.—As a condition of entering into a 
cooperative agreement with the Secretary under this 
section, an eligible entity shall agree to— 
(A) assume responsibility for the non-Fed-
eral share of the cost of carrying out the project 
under the national aquatic health plan, as de-
termined by the Secretary in accordance with 
paragraph (2); and 
(B) act in accordance with applicable dis-
ease and species specific best management prac-
tices relating to activities to be carried out 
under such project. 
(2) 
NON-FEDERAL
SHARE.—The 
Secretary 
shall determine the non-Federal share of the cost of 
carrying out a project under the national aquatic 
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health plan on a case-by-case basis for each such 
project. Such non-Federal share may be provided in 
cash or in-kind. 
(c) APPLICABILITY OF OTHER LAWS.—In carrying 
out this section, the Secretary may make use of the au-
thorities under the Animal Health Protection Act (7 
U.S.C. 8301 et seq.), including the authority to carry out 
operations and measures to detect, control, and eradicate 
pests and diseases and the authority to pay claims arising 
out of the destruction of any animal, article, or means of 
conveyance. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section for each of fiscal years 
2008 through 2012. 
(e) ELIGIBLE ENTITY DEFINED.—In this section, the 
term ‘‘eligible entity’’ means a State, a political subdivi-
sion of a State, Indian tribe, or other appropriate entity, 
as determined by the Secretary of Agriculture. 
SEC. 11014. STUDY ON BIOENERGY OPERATIONS. 
(a) STUDY.—The Secretary of Agriculture shall con-
duct a study to evaluate the role of animal manure as a 
source of fertilizer and its potential additional uses. Such 
study shall include— 
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(1) a determination of the extent to which ani-
mal manure is utilized as fertilizer in agricultural 
operations by type (including species and agronomic 
practices employed) and size; 
(2) an evaluation of the potential impact on 
consumers and on agricultural operations (by size) 
resulting from limitations being placed on the utili-
zation of animal manure as fertilizer; and 
(3) an evaluation of the effects on agriculture 
production contributable to the increased competi-
tion for animal manure use due to bioenergy produc-
tion, including as a feedstock or a replacement for 
fossil fuels. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit 
to the Committee on Agriculture of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate the results of the study con-
ducted under subsection (a). 
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SEC. 11015. INTERSTATE SHIPMENT OF MEAT AND POUL-
TRY INSPECTED BY FEDERAL AND STATE 
AGENCIES FOR CERTAIN SMALL ESTABLISH-
MENTS. 
(a) MEAT AND MEAT PRODUCTS.—The Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.) is amended by add-
ing at the end the following: 
‘‘TITLE V—INSPECTIONS BY 
FEDERAL AND STATE AGENCIES 
‘‘SEC. 501. INTERSTATE SHIPMENT OF MEAT INSPECTED BY 
FEDERAL AND STATE AGENCIES FOR CER-
TAIN SMALL ESTABLISHMENTS. 
‘‘(a) DEFINITIONS.— 
‘‘(1) APPROPRIATE STATE AGENCY.—The term 
‘appropriate State agency’ means a State agency de-
scribed in section 301(b). 
‘‘(2) DESIGNATED
PERSONNEL.—The term 
‘designated personnel’ means inspection personnel of 
a State agency that have undergone all necessary in-
spection training and certification to assist the Sec-
retary in the administration and enforcement of this 
Act, including rules and regulations issued under 
this Act. 
‘‘(3) ELIGIBLE
ESTABLISHMENT.—The term 
‘eligible establishment’ means an establishment that 
is in compliance with— 
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state commerce a Federal mark, stamp, tag, or label 
of inspection, if— 
‘‘(A) the carcass, portion of carcass, or 
meat item qualifies for the mark, stamp, tag, or 
label of inspection under the requirements of 
this Act; 
‘‘(B) the establishment is an eligible estab-
lishment; and 
‘‘(C) inspection services for the establish-
ment are provided by designated personnel. 
‘‘(2) PROHIBITED ESTABLISHMENTS.—In car-
rying out paragraph (1), the Secretary, in coordina-
tion with an appropriate State agency, shall not se-
lect an establishment that— 
‘‘(A) on average, employs more than 25 
employees (including supervisory and non-
supervisory employees), as defined by the Sec-
retary; 
‘‘(B) as of the date of the enactment of 
this section, ships in interstate commerce car-
casses, portions of carcasses, or meat items that 
are inspected by the Secretary in accordance 
with this Act; 
‘‘(C)(i) is a Federal establishment; 
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‘‘(ii) was a Federal establishment that was 
reorganized on a later date under the same 
name or a different name or person by the per-
son, firm, or corporation that controlled the es-
tablishment as of the date of the enactment of 
this section; or 
‘‘(iii) was a State establishment as of the 
date of the enactment of this section that— 
‘‘(I) as of the date of the enactment 
of this section, employed more than 25 em-
ployees; and 
‘‘(II) was reorganized on a later date 
by the person, firm, or corporation that 
controlled the establishment as of the date 
of the enactment of this section; 
‘‘(D) is in violation of this Act; 
‘‘(E) is located in a State that does not 
have a State inspection program; or 
‘‘(F) is the subject of a transition carried 
out in accordance with a procedure developed 
by the Secretary under paragraph (3)(A). 
‘‘(3) ESTABLISHMENTS
THAT
EMPLOY
MORE 
THAN 25 EMPLOYEES.— 
‘‘(A) DEVELOPMENT
OF
PROCEDURE.— 
The Secretary may develop a procedure to tran-
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sition to a Federal establishment any establish-
ment under this section that, on average, con-
sistently employs more than 25 employees. 
‘‘(B) ELIGIBILITY OF CERTAIN ESTABLISH-
MENTS.— 
‘‘(i) IN GENERAL.—A State establish-
ment that employs more than 25 employ-
ees but less than 35 employees as of the 
date of the enactment of this section may 
be selected as a selected establishment 
under this subsection. 
‘‘(ii) PROCEDURES.—A State estab-
lishment shall be subject to the procedures 
established under subparagraph (A) begin-
ning on the date that is 3 years after the 
effective date described in subsection (j). 
‘‘(c) REIMBURSEMENT OF STATE COSTS.—The Sec-
retary shall reimburse a State for costs related to the in-
spection of selected establishments in the State in accord-
ance with Federal requirements in an amount of not less 
than 60 percent of eligible State costs. 
‘‘(d) COORDINATION
BETWEEN
FEDERAL
AND 
STATE AGENCIES.— 
‘‘(1) IN GENERAL.—The Secretary shall des-
ignate an employee of the Federal Government as 
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State coordinator for each appropriate State agen-
cy— 
‘‘(A) to provide oversight and enforcement 
of this title; and 
‘‘(B) to oversee the training and inspection 
activities of designated personnel of the State 
agency. 
‘‘(2) SUPERVISION.—A State coordinator shall 
be under the direct supervision of the Secretary. 
‘‘(3) DUTIES OF STATE COORDINATOR.— 
‘‘(A) IN
GENERAL.—A State coordinator 
shall visit selected establishments with a fre-
quency that is appropriate to ensure that se-
lected establishments are operating in a manner 
that is consistent with this Act (including regu-
lations and policies under this Act). 
‘‘(B) QUARTERLY REPORTS.—A State co-
ordinator shall, on a quarterly basis, submit to 
the Secretary a report that describes the status 
of each selected establishment that is under the 
jurisdiction of the State coordinator with re-
spect to the level of compliance of each selected 
establishment with the requirements of this Act. 
‘‘(C) IMMEDIATE NOTIFICATION REQUIRE-
MENT.—If a State coordinator determines that 
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any selected establishment that is under the ju-
risdiction of the State coordinator is in violation 
of any requirement of this Act, the State coor-
dinator shall— 
‘‘(i) immediately notify the Secretary 
of the violation; and 
‘‘(ii) deselect the selected establish-
ment or suspend inspection at the selected 
establishment. 
‘‘(4) PERFORMANCE
EVALUATIONS.—Perform-
ance evaluations of State coordinators designated 
under this subsection shall be conducted by the Sec-
retary as part of the Federal agency management 
control system. 
‘‘(e) AUDITS.— 
‘‘(1) PERIODIC AUDITS CONDUCTED BY INSPEC-
TOR
GENERAL
OF
THE
DEPARTMENT
OF
AGRI-
CULTURE.—Not later than 2 years after the effec-
tive date described in subsection (j), and not less 
often than every 3 years thereafter, the Inspector 
General of the Department of Agriculture shall con-
duct an audit of each activity taken by the Secretary 
under this section for the period covered by the 
audit to determine compliance with this section. 
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‘‘(2) AUDIT
CONDUCTED
BY
COMPTROLLER 
GENERAL
OF
THE
UNITED
STATES.—Not earlier 
than 3 years, nor later than 5 years, after the date 
of the enactment of this section, the Comptroller 
General of the United States shall conduct an audit 
of the implementation of this section to determine— 
‘‘(A) the effectiveness of the implementa-
tion of this section; and 
‘‘(B) the number of selected establishments 
selected by the Secretary to ship carcasses, por-
tions of carcasses, or meat items under this sec-
tion. 
‘‘(f) TECHNICAL ASSISTANCE DIVISION.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 
days after the effective date described in subsection 
(j), the Secretary shall establish in the Food Safety 
and Inspection Service of the Department of Agri-
culture a technical assistance division to coordinate 
the initiatives of any other appropriate agency of the 
Department of Agriculture to provide— 
‘‘(A) outreach, education, and training to 
very small or certain small establishments (as 
defined by the Secretary); and 
‘‘(B) grants to appropriate State agencies 
to provide outreach, technical assistance, edu-
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cation, and training to very small or certain 
small establishments (as defined by the Sec-
retary). 
‘‘(2) PERSONNEL.—The technical assistance di-
vision shall be comprised of individuals that, as de-
termined by the Secretary— 
‘‘(A) are of a quantity sufficient to carry 
out the duties of the technical assistance divi-
sion; and 
‘‘(B) possess appropriate qualifications and 
expertise relating to the duties of the technical 
assistance division. 
‘‘(g) TRANSITION GRANTS.—The Secretary may pro-
vide grants to appropriate State agencies to assist the ap-
propriate State agencies in helping establishments covered 
by title III to transition to selected establishments. 
‘‘(h) VIOLATIONS.—Any selected establishment that 
the Secretary determines to be in violation of any require-
ment of this Act shall be transitioned to a Federal estab-
lishment in accordance with a procedure developed by the 
Secretary under subsection (b)(3)(A). 
‘‘(i) EFFECT.—Nothing in this section limits the ju-
risdiction of the Secretary with respect to the regulation 
of meat and meat products under this Act. 
‘‘(j) EFFECTIVE DATE.— 
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‘‘(1) IN GENERAL.—This section takes effect on 
the date on which the Secretary, after providing a 
period of public comment (including through the 
conduct of public meetings or hearings), promulgates 
final regulations to carry out this section. 
‘‘(2) 
REQUIREMENT.—Not 
later 
than 
months after the date of the enactment of this sec-
tion, the Secretary shall promulgate final regulations 
in accordance with paragraph (1).’’. 
(b) POULTRY AND POULTRY PRODUCTS.—The Poul-
try Products Inspection Act (21 U.S.C. 451 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 31. INTERSTATE SHIPMENT OF POULTRY INSPECTED 
BY FEDERAL AND STATE AGENCIES FOR CER-
TAIN SMALL ESTABLISHMENTS. 
‘‘(a) DEFINITIONS.— 
‘‘(1) APPROPRIATE STATE AGENCY.—The term 
‘appropriate State agency’ means a State agency de-
scribed in section 5(a)(1). 
‘‘(2) DESIGNATED
PERSONNEL.—The term 
‘designated personnel’ means inspection personnel of 
a State agency that have undergone all necessary in-
spection training and certification to assist the Sec-
retary in the administration and enforcement of this 
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Act, including rules and regulations issued under 
this Act. 
‘‘(3) ELIGIBLE
ESTABLISHMENT.—The term 
‘eligible establishment’ means an establishment that 
is in compliance with— 
‘‘(A) the State inspection program of the 
State in which the establishment is located; and 
‘‘(B) this Act, including rules and regula-
tions issued under this Act. 
‘‘(4) POULTRY ITEM.—The term ‘poultry item’ 
means— 
‘‘(A) a portion of poultry; and 
‘‘(B) a poultry product. 
‘‘(5) SELECTED
ESTABLISHMENT.—The term 
‘selected establishment’ means an eligible establish-
ment that is selected by the Secretary, in coordina-
tion with the appropriate State agency of the State 
in which the eligible establishment is located, under 
subsection (b) to ship poultry items in interstate 
commerce. 
‘‘(b) AUTHORITY OF SECRETARY TO ALLOW SHIP-
MENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary, in coordination with the appropriate 
State agency of the State in which an establishment 
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is located, may select the establishment to ship poul-
try items in interstate commerce, and place on each 
poultry item shipped in interstate commerce a Fed-
eral mark, stamp, tag, or label of inspection, if— 
‘‘(A) the poultry item qualifies for the Fed-
eral mark, stamp, tag, or label of inspection 
under the requirements of this Act; 
‘‘(B) the establishment is an eligible estab-
lishment; and 
‘‘(C) inspection services for the establish-
ment are provided by designated personnel. 
‘‘(2) PROHIBITED ESTABLISHMENTS.—In car-
rying out paragraph (1), the Secretary, in coordina-
tion with an appropriate State agency, shall not se-
lect an establishment that— 
‘‘(A) on average, employs more than 25 
employees (including supervisory and non-
supervisory employees), as defined by the Sec-
retary; 
‘‘(B) as of the date of the enactment of 
this section, ships in interstate commerce car-
casses, portions of carcasses, or poultry items 
that are inspected by the Secretary in accord-
ance with this Act; 
‘‘(C)(i) is a Federal establishment; 
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‘‘(ii) was a Federal establishment as of the 
date of the enactment of this section, and was 
reorganized on a later date under the same 
name or a different name or person by the per-
son, firm, or corporation that controlled the es-
tablishment as of the date of the enactment of 
this section; or 
‘‘(iii) was a State establishment as of the 
date of the enactment of this section that— 
‘‘(I) as of the date of the enactment 
of this section, employed more than 25 em-
ployees; and 
‘‘(II) was reorganized on a later date 
by the person, firm, or corporation that 
controlled the establishment as of the date 
of the enactment of this section; 
‘‘(D) is in violation of this Act; 
‘‘(E) is located in a State that does not 
have a State inspection program; or 
‘‘(F) is the subject of a transition carried 
out in accordance with a procedure developed 
by the Secretary under paragraph (3)(A). 
‘‘(3) ESTABLISHMENTS
THAT
EMPLOY
MORE 
THAN 25 EMPLOYEES.— 
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‘‘(A) DEVELOPMENT
OF
PROCEDURE.— 
The Secretary may develop a procedure to tran-
sition to a Federal establishment any establish-
ment under this section that, on average, con-
sistently employs more than 25 employees. 
‘‘(B) ELIGIBILITY OF CERTAIN ESTABLISH-
MENTS.— 
‘‘(i) IN GENERAL.—A State establish-
ment that employs more than 25 employ-
ees but less than 35 employees as of the 
date of the enactment of this section may 
be selected as a selected establishment 
under this subsection. 
‘‘(ii) PROCEDURES.—A State estab-
lishment shall be subject to the procedures 
established under subparagraph (A) begin-
ning on the date that is 3 years after the 
effective date described in subsection (i). 
‘‘(c) REIMBURSEMENT OF STATE COSTS.—The Sec-
retary shall reimburse a State for costs related to the in-
spection of selected establishments in the State in accord-
ance with Federal requirements in an amount of not less 
than 60 percent of eligible State costs. 
‘‘(d) COORDINATION
BETWEEN
FEDERAL
AND 
STATE AGENCIES.— 
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‘‘(1) IN GENERAL.—The Secretary shall des-
ignate an employee of the Federal Government as 
State coordinator for each appropriate State agen-
cy— 
‘‘(A) to provide oversight and enforcement 
of this section; and 
‘‘(B) to oversee the training and inspection 
activities of designated personnel of the State 
agency. 
‘‘(2) SUPERVISION.—A State coordinator shall 
be under the direct supervision of the Secretary. 
‘‘(3) DUTIES OF STATE COORDINATOR.— 
‘‘(A) IN
GENERAL.—A State coordinator 
shall visit selected establishments with a fre-
quency that is appropriate to ensure that se-
lected establishments are operating in a manner 
that is consistent with this Act (including regu-
lations and policies under this Act). 
‘‘(B) QUARTERLY REPORTS.—A State co-
ordinator shall, on a quarterly basis, submit to 
the Secretary a report that describes the status 
of each selected establishment that is under the 
jurisdiction of the State coordinator with re-
spect to the level of compliance of each selected 
establishment with the requirements of this Act. 
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‘‘(C) IMMEDIATE NOTIFICATION REQUIRE-
MENT.—If a State coordinator determines that 
any selected establishment that is under the ju-
risdiction of the State coordinator is in violation 
of any requirement of this Act, the State coor-
dinator shall— 
‘‘(i) immediately notify the Secretary 
of the violation; and 
‘‘(ii) deselect the selected establish-
ment or suspend inspection at the selected 
establishment. 
‘‘(4) PERFORMANCE
EVALUATIONS.—Perform-
ance evaluations of State coordinators designated 
under this subsection shall be conducted by the Sec-
retary as part of the Federal agency management 
control system. 
‘‘(e) AUDITS.— 
‘‘(1) PERIODIC AUDITS CONDUCTED BY INSPEC-
TOR
GENERAL
OF
THE
DEPARTMENT
OF
AGRI-
CULTURE.—Not later than 2 years after the effec-
tive date described in subsection (i), and not less 
often than every 3 years thereafter, the Inspector 
General of the Department of Agriculture shall con-
duct an audit of each activity taken by the Secretary 
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under this section for the period covered by the 
audit to determine compliance with this section. 
‘‘(2) AUDIT
CONDUCTED
BY
COMPTROLLER 
GENERAL
OF
THE
UNITED
STATES.—Not earlier 
than 3 years, nor later than 5 years, after the date 
of the enactment of this section, the Comptroller 
General of the United States shall conduct an audit 
of the implementation of this section to determine— 
‘‘(A) the effectiveness of the implementa-
tion of this section; and 
‘‘(B) the number of selected establishments 
selected by the Secretary to ship poultry items 
under this section. 
‘‘(f) TRANSITION GRANTS.—The Secretary may pro-
vide grants to appropriate State agencies to assist the ap-
propriate State agencies in helping establishments covered 
by this Act to transition to selected establishments. 
‘‘(g) VIOLATIONS.—Any selected establishment that 
the Secretary determines to be in violation of any require-
ment of this Act shall be transitioned to a Federal estab-
lishment in accordance with a procedure developed by the 
Secretary under subsection (b)(3)(A). 
‘‘(h) EFFECT.—Nothing in this section limits the ju-
risdiction of the Secretary with respect to the regulation 
of poultry and poultry products under this Act. 
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‘‘(i) EFFECTIVE DATE.— 
‘‘(1) IN GENERAL.—This section takes effect on 
the date on which the Secretary, after providing a 
period of public comment (including through the 
conduct of public meetings or hearings), promulgates 
final regulations to carry out this section. 
‘‘(2) 
REQUIREMENT.—Not 
later 
than 
months after the date of the enactment of this sec-
tion, the Secretary shall promulgate final regulations 
in accordance with paragraph (1).’’. 
SEC. 11016. INSPECTION AND GRADING. 
(a) GRADING.—Section 203 of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1622) is amended— 
(1) by redesignating subsection (n) as sub-
section (o); and 
(2) by inserting after subsection (m) the fol-
lowing new subsection: 
‘‘(n) GRADING PROGRAM.—To establish within the 
Department of Agriculture a voluntary fee based grading 
program for— 
‘‘(1) catfish (as defined by the Secretary under 
paragraph (2) of section 1(w) of the Federal Meat 
Inspection Act (21 U.S.C. 601(w))); and 
‘‘(2) any additional species of farm-raised fish 
or farm-raised shellfish— 
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‘‘(A) for which the Secretary receives a pe-
tition requesting such voluntary fee based grad-
ing; and 
‘‘(B) that the Secretary considers appro-
priate.’’. 
(b) INSPECTION.— 
(1) IN GENERAL.—The Federal Meat Inspec-
tion Act is amended— 
(A) in section 1(w) (21 U.S.C. 601(w)) — 
(i) by striking ‘‘and’’ at the end of 
paragraph (1); 
(ii) by redesignating paragraph (2) as 
paragraph (3); and 
(iii) by inserting after paragraph (1) 
the following new paragraph: 
‘‘(2) catfish, as defined by the Secretary; and’’; 
(B) by striking section 6 (21 U.S.C. 606) 
and inserting the following new section: 
‘‘SEC. 6. (a) IN GENERAL.—For the purposes herein-
before set forth the Secretary shall cause to be made, by 
inspectors appointed for that purpose, an examination and 
inspection of all meat food products prepared for com-
merce in any slaughtering, meat-canning, salting, packing, 
rendering, or similar establishment, and for the purposes 
of any examination and inspection and inspectors shall 
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have access at all times, by day or night, whether the es-
tablishment be operated or not, to every part of said estab-
lishment; and said inspectors shall mark, stamp, tag, or 
label as ‘Inspected and passed’ all such products found 
to be not adulterated; and said inspectors shall label, 
mark, stamp, or tag as ‘Inspected and condemned’ all such 
products found adulterated, and all such condemned meat 
food products shall be destroyed for food purposes, as 
hereinbefore provided, and the Secretary may remove in-
spectors from any establishment which fails to so destroy 
such condemned meat food products: Provided, That sub-
ject to the rules and regulations of the Secretary the provi-
sions of this section in regard to preservatives shall not 
apply to meat food products for export to any foreign 
country and which are prepared or packed according to 
the specifications or directions of the foreign purchaser, 
when no substance is used in the preparation or packing 
thereof in conflict with the laws of the foreign country to 
which said article is to be exported; but if said article shall 
be in fact sold or offered for sale for domestic use or con-
sumption then this proviso shall not exempt said article 
from the operation of all the other provisions of this chap-
ter. 
‘‘(b) CATFISH.—In the case of an examination and 
inspection under subsection (a) of a meat food product 
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derived from catfish, the Secretary shall take into account 
the conditions under which the catfish is raised and trans-
ported to a processing establishment.’’; and 
(C) by adding at the end of title I the fol-
lowing new section: 
‘‘SEC. 25. Notwithstanding any other provision of 
this Act, the requirements of sections 3, 4, 5, 10(b), and 
23 shall not apply to catfish.’’. 
(2) EFFECTIVE DATE.— 
(A) IN GENERAL.—The amendments made 
by paragraph (1) shall not apply until the date 
on which the Secretary of Agriculture issues 
final regulations (after providing a period of 
public comment, including through the conduct 
of public meetings or hearings, in accordance 
with chapter 5 of title 5, United States Code) 
to carry out such amendments. 
(B) REGULATIONS.—Not later than 18 
months after the date of the enactment of this 
Act, the Secretary of Agriculture, in consulta-
tion with the Commissioner of Food and Drugs, 
shall issue final regulations to carry out the 
amendments made by paragraph (1). 
(3) BUDGET
REQUEST.—Not later than 30 
days after the date of the enactment of this Act, the 
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Secretary of Agriculture shall submit to Congress an 
estimate of the costs of implementing the amend-
ments made by paragraph (1), including the esti-
mated— 
(A) staff years; 
(B) number of establishments; 
(C) volume expected to be produced at 
such establishments; and 
(D) any other information used in esti-
mating the costs of implementing such amend-
ments. 
SEC. 11017. FOOD SAFETY IMPROVEMENT. 
(a) FEDERAL MEAT INSPECTION ACT.—Title I of the 
Federal Meat Inspection Act is further amended by insert-
ing after section 11 (21 U.S.C. 611) the following: 
‘‘SEC. 12. NOTIFICATION. 
‘‘Any establishment subject to inspection under this 
Act that believes, or has reason to believe, that an adulter-
ated or misbranded meat or meat food product received 
by or originating from the establishment has entered into 
commerce shall promptly notify the Secretary with regard 
to the type, amount, origin, and destination of the meat 
or meat food product. 
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‘‘SEC. 13. PLANS AND REASSESSMENTS. 
‘‘The Secretary shall require that each establishment 
subject to inspection under this Act shall, at a minimum— 
‘‘(1) prepare and maintain current procedures 
for the recall of all meat or meat food products pro-
duced and shipped by the establishment; 
‘‘(2) document each reassessment of the process 
control plans of the establishment; and 
‘‘(3) upon request, make the procedures and re-
assessed process control plans available to inspectors 
appointed by the Secretary for review and copying.’’. 
(b) POULTRY PRODUCTS INSPECTION ACT.—Section 
10 of the Poultry Products Inspection Act (21 U.S.C. 
459) is amended— 
(1) by striking the section heading and all that 
follows through ‘‘SEC. 10. No establishment’’ and 
inserting the following: 
‘‘SEC. 10. COMPLIANCE BY ALL ESTABLISHMENTS. 
‘‘(a) IN GENERAL.—No establishment’’; and 
(2) by adding at the end the following: 
‘‘(b) NOTIFICATION.—Any establishment subject to 
inspection under this Act that believes, or has reason to 
believe, that an adulterated or misbranded poultry or poul-
try product received by or originating from the establish-
ment has entered into commerce shall promptly notify the 
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Secretary with regard to the type, amount, origin, and 
destination of the poultry or poultry product. 
‘‘(c) PLANS AND REASSESSMENTS.—The Secretary 
shall require that each establishment subject to inspection 
under this Act shall, at a minimum— 
‘‘(1) prepare and maintain current procedures 
for the recall of all poultry or poultry products pro-
duced and shipped by the establishment; 
‘‘(2) document each reassessment of the process 
control plans of the establishment; and 
‘‘(3) upon request, make the procedures and re-
assessed process control plans available to inspectors 
appointed by the Secretary for review and copying.’’. 
TITLE 
XII—CROP 
INSURANCE 
AND DISASTER ASSISTANCE 
PROGRAMS 
Subtitle A—Crop Insurance and 
Agricultural Disaster Assistance 
SEC. 12001. DEFINITION OF ORGANIC CROP. 
Section 502(b) of the Federal Crop Insurance Act (7 
U.S.C. 1502(b)) is amended— 
(1) by redesignating paragraphs (7) and (8) as 
paragraphs (8) and (9), respectively; and 
(2) by inserting after paragraph (6) the fol-
lowing: 
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‘‘(7) ORGANIC CROP.—The term ‘organic crop’ 
means an agricultural commodity that is organically 
produced consistent with section 2103 of the Or-
ganic Foods Production Act of 1990 (7 U.S.C. 
6502).’’. 
SEC. 12002. GENERAL POWERS. 
(a) IN GENERAL.—Section 506 of the Federal Crop 
Insurance Act (7 U.S.C. 1506) is amended— 
(1) in the first sentence of subsection (d), by 
striking ‘‘The Corporation’’ and inserting ‘‘Subject 
to section 508(j)(2)(A), the Corporation’’; and 
(2) by striking subsection (n). 
(b) CONFORMING AMENDMENTS.— 
(1) Section 506 of the Federal Crop Insurance 
Act (7 U.S.C. 1506) is amended by redesignating 
subsections (o), (p), and (q) as subsections (n), (o), 
and (p), respectively. 
(2) Section 521 of the Federal Crop Insurance 
Act (7 U.S.C. 1521) is amended by striking the last 
sentence. 
SEC. 12003. REDUCTION IN LOSS RATIO. 
(a) PROJECTED LOSS RATIO.—Subsection (n)(2) of 
section 506 of the Federal Crop Insurance Act (7 U.S.C. 
1506) (as redesignated by section 12002(b)(1)) is amend-
ed— 
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(1) in the paragraph heading, by striking ‘‘AS 
OF OCTOBER 1, 1998’’; 
(2) by striking ‘‘, on and after October 1, 
1998,’’; and 
(3) by striking ‘‘1.075’’ and inserting ‘‘1.0’’. 
(b) PREMIUMS REQUIRED.—Section 508(d)(1) of the 
Federal Crop Insurance Act (7 U.S.C. 1508(d)(1)) is 
amended by striking ‘‘not greater than 1.1’’ and all that 
follows and inserting ‘‘not greater than— 
‘‘(A) 1.1 through September 30, 1998; 
‘‘(B) 1.075 for the period beginning Octo-
ber 1, 1998, and ending on the day before the 
date of enactment of the Food, Conservation, 
and Energy Act of 2008; and 
‘‘(C) 1.0 on and after the date of enact-
ment of that Act.’’. 
SEC. 12004. PREMIUMS ADJUSTMENTS. 
Section 508(a) of the Federal Crop Insurance Act (7 
U.S.C. 1508(a)) is amended by adding at the end the fol-
lowing: 
‘‘(9) PREMIUM ADJUSTMENTS.— 
‘‘(A) PROHIBITION.—Except as provided 
in subparagraph (B), no person shall pay, 
allow, or give, or offer to pay, allow, or give, di-
rectly or indirectly, either as an inducement to 
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procure insurance or after insurance has been 
procured, any rebate, discount, abatement, 
credit, or reduction of the premium named in 
an insurance policy or any other valuable con-
sideration or inducement not specified in the 
policy. 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
does not apply with respect to— 
‘‘(i) a payment authorized under sub-
section (b)(5)(B); 
‘‘(ii) a performance-based discount au-
thorized under subsection (d)(3); or 
‘‘(iii) a patronage dividend, or similar 
payment, that is paid— 
‘‘(I) by an entity that was ap-
proved by the Corporation to make 
such payments for the 2005, 2006, or 
2007 reinsurance year, in accordance 
with subsection (b)(5)(B) as in effect 
on the day before the date of enact-
ment of this paragraph; and 
‘‘(II) in a manner consistent with 
the payment plan approved in accord-
ance with that subsection for the enti-
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ty by the Corporation for the applica-
ble reinsurance year.’’. 
SEC. 12005. CONTROLLED BUSINESS INSURANCE. 
Section 508(a) of the Federal Crop Insurance Act (7 
U.S.C. 1508(a)) (as amended by section 12004) is amend-
ed by adding at the end the following: 
‘‘(10) COMMISSIONS.— 
‘‘(A) DEFINITION
OF
IMMEDIATE
FAM-
ILY.—In this paragraph, the term ‘immediate 
family’ means an individual’s father, mother, 
stepfather, stepmother, brother, sister, step-
brother, stepsister, son, daughter, stepson, step-
daughter, 
grandparent, 
grandson, 
grand-
daughter, father-in-law, mother-in-law, brother- 
in-law, sister-in-law, son-in-law, daughter-in- 
law, the spouse of the foregoing, and the indi-
vidual’s spouse. 
‘‘(B) PROHIBITION.—No individual (in-
cluding a subagent) may receive directly, or in-
directly through an entity, any compensation 
(including any commission, profit sharing, 
bonus, or any other direct or indirect benefit) 
for the sale or service of a policy or plan of in-
surance offered under this title if— 
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‘‘(i) the individual has a substantial 
beneficial interest, or a member of the in-
dividual’s immediate family has a substan-
tial beneficial interest, in the policy or plan 
of insurance; and 
‘‘(ii) the total compensation to be paid 
to the individual with respect to the sale or 
service of the policies or plans of insurance 
that meet the condition described in clause 
(i) exceeds 30 percent or the percentage 
specified in State law, whichever is less, of 
the total of all compensation received di-
rectly or indirectly by the individual for the 
sale or service of all policies and plans of 
insurance offered under this title for the 
reinsurance year. 
‘‘(C) REPORTING.—Not later than 90 days 
after the annual settlement date of the reinsur-
ance year, any individual that received directly 
or indirectly any compensation for the service 
or sale of any policy or plan of insurance of-
fered under this title in the prior reinsurance 
year shall certify to applicable approved insur-
ance providers that the compensation that the 
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individual received was in compliance with this 
paragraph. 
‘‘(D) SANCTIONS.—The procedural re-
quirements and sanctions prescribed in section 
515(h) shall apply to the prosecution of a viola-
tion of this paragraph. 
‘‘(E) APPLICABILITY.— 
‘‘(i) IN GENERAL.—Sanctions for vio-
lations under this paragraph shall only 
apply to the individuals or entities directly 
responsible for the certification required 
under subparagraph (C) or the failure to 
comply with the requirements of this para-
graph. 
‘‘(ii) 
PROHIBITION.—No 
sanctions 
shall apply with respect to the policy or 
plans of insurance upon which compensa-
tion is received, including the reinsurance 
for those policies or plans.’’. 
SEC. 12006. ADMINISTRATIVE FEE. 
(a) IN GENERAL.—Section 508(b)(5) of the Federal 
Crop Insurance Act (7 U.S.C. 1508(b)(5)) is amended— 
(1) by striking subparagraph (A) and inserting 
the following: 
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‘‘(A) BASIC
FEE.—Each producer shall 
pay an administrative fee for catastrophic risk 
protection in the amount of $300 per crop per 
county.’’; and 
(2) in subparagraph (B)— 
(A) by striking ‘‘PAYMENT ON BEHALF 
OF PRODUCERS’’ and inserting ‘‘PAYMENT 
OF CATASTROPHIC RISK PROTECTION FEE 
ON BEHALF OF PRODUCERS’’; 
(B) in clause (i)— 
(i) by striking ‘‘or other payment’’; 
and 
(ii) by striking ‘‘with catastrophic risk 
protection or additional coverage’’ and in-
serting ‘‘through the payment of cata-
strophic risk protection administrative 
fees’’; 
(C) by striking clauses (ii) and (vi); 
(D) by redesignating clauses (iii), (iv), and 
(v) as clauses (ii), (iii), and (iv), respectively; 
(E) in clause (iii) (as so redesignated), by 
striking ‘‘A policy or plan of insurance’’ and in-
serting ‘‘Catastrophic risk protection coverage’’; 
and 
(F) in clause (iv) (as so redesignated)— 
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(i) by striking ‘‘or other arrangement 
under this subparagraph’’; and 
(ii) by striking ‘‘additional’’. 
(b) REPEAL.—Section 748 of the Agriculture, Rural 
Development, Food and Drug Administration, and Re-
lated Agencies Appropriations Act, 1999 (7 U.S.C. 1508 
note; Public Law 105–277) is repealed. 
SEC. 12007. TIME FOR PAYMENT. 
Section 508 of the Federal Crop Insurance Act (7 
U.S.C. 1508) is amended— 
(1) in subsection (b)(5)(C), by striking ‘‘the 
date that premium’’ and inserting ‘‘the same date on 
which the premium’’; 
(2) in subsection (c)(10), by adding at the end 
the following: 
‘‘(C) TIME
FOR
PAYMENT.—Subsection 
(b)(5)(C) shall apply with respect to the collec-
tion date for the administrative fee.’’; and 
(3) in subsection (d), by adding at the end the 
following: 
‘‘(4) BILLING DATE FOR PREMIUMS.—Effective 
beginning with the 2012 reinsurance year, the Cor-
poration shall establish August 15 as the billing date 
for premiums.’’. 
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SEC. 12008. CATASTROPHIC COVERAGE REIMBURSEMENT 
RATE. 
Section 508(b)(11) of the Federal Crop Insurance 
Act (7 U.S.C. 1508(b)(11)) is amended by striking ‘‘8 per-
cent’’ and inserting ‘‘6 percent’’. 
SEC. 12009. GRAIN SORGHUM PRICE ELECTION. 
Section 508(c)(5) of the Federal Crop Insurance Act 
(7 U.S.C. 1508(c)(5)) is amended by adding at the end 
the following: 
‘‘(D) GRAIN SORGHUM PRICE ELECTION.— 
‘‘(i) IN GENERAL.—The Corporation, 
in conjunction with the Secretary (referred 
to in this subparagraph as the ‘Corpora-
tion’), shall— 
‘‘(I) not later than 60 days after 
the date of enactment of this subpara-
graph, make available all methods and 
data, including data from the Eco-
nomic Research Service, used by the 
Corporation to develop the expected 
market prices for grain sorghum 
under the production and revenue- 
based plans of insurance of the Cor-
poration; and 
‘‘(II) request applicable data 
from the grain sorghum industry. 
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