386 
hunting in the State are not consistent for residents 
and non-residents. 
‘‘(e) REGULATIONS.—The Secretary shall promulgate 
such regulations as are necessary to carry out this section. 
‘‘(f) FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use, to the max-
imum extent practicable, $50,000,000 for the period of fis-
cal years 2009 through 2012.’’. 
Subtitle H—Funding and Adminis-
tration 
of Conservation Pro-
grams 
SEC. 2701. FUNDING OF CONSERVATION PROGRAMS UNDER 
FOOD SECURITY ACT OF 1985. 
(a) IN GENERAL.—Section 1241(a) of the Food Se-
curity Act of 1985 (16 U.S.C. 3841(a)) is amended in the 
matter preceding paragraph (1), by striking ‘‘2007’’ and 
inserting ‘‘2012’’. 
(b) CONSERVATION RESERVE PROGRAM.—Paragraph 
(1) of section 1241(a) of the Food Security Act of 1985 
(16 U.S.C. 3841(a)) is amended by striking the period at 
the end and inserting the following: ‘‘, including to the 
maximum extent practicable— 
‘‘(A) $100,000,000 for the period of fiscal 
years 2009 through 2012 to provide cost share 
payments under paragraph (3) of section 
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1234(b) in connection with thinning activities 
conducted on land described in subparagraph 
(A)(iii) of such paragraph; and 
‘‘(B) $25,000,000 for the period of fiscal 
years 2009 through 2012 to carry out section 
1235(f) to facilitate the transfer of land subject 
to contracts from retired or retiring owners and 
operators to beginning farmers or ranchers and 
socially disadvantaged farmers or ranchers.’’. 
(c) CONSERVATION SECURITY AND CONSERVATION 
STEWARDSHIP PROGRAMS.—Paragraph (3) of section 
1241(a) of the Food Security Act of 1985 (16 U.S.C. 
3841(a)) is amended to read as follows: 
‘‘(3)(A) CONSERVATION SECURITY PROGRAM.— 
The conservation security program under subchapter 
A of chapter 2, using such sums as are necessary to 
administer contracts entered into before September 
30, 2008. 
‘‘(B) 
CONSERVATION
STEWARDSHIP
PRO-
GRAM.—The 
conservation 
stewardship 
program 
under subchapter B of chapter 2.’’. 
(d) FARMLAND PROTECTION PROGRAM.—Paragraph 
(4) of section 1241(a) of the Food Security Act of 1985 
(16 U.S.C. 3841(a)) is amended to read as follows: 
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‘‘(4) The farmland protection program under 
subchapter C of chapter 2, using, to the maximum 
extent practicable— 
‘‘(A) $97,000,000 in fiscal year 2008; 
‘‘(B) $121,000,000 in fiscal year 2009; 
‘‘(C) $150,000,000 in fiscal year 2010; 
‘‘(D) $175,000,000 in fiscal year 2011; 
and 
‘‘(E) $200,000,000 in fiscal year 2012.’’. 
(e) GRASSLAND RESERVE PROGRAM.—Paragraph (5) 
of section 1241(a) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)) is amended to read as follows: 
‘‘(5) The grassland reserve program under sub-
chapter D of chapter 2.’’. 
(f) ENVIRONMENTAL QUALITY INCENTIVES PRO-
GRAM.—Paragraph (6) of section 1241(a) of the Food Se-
curity Act of 1985 (16 U.S.C. 3841(a)) is amended to 
read as follows: 
‘‘(6) The environmental quality incentives pro-
gram under chapter 4, using, to the maximum ex-
tent practicable— 
‘‘(A) $1,200,000,000 in fiscal year 2008; 
‘‘(B) $1,337,000,000 in fiscal year 2009; 
‘‘(C) $1,450,000,000 in fiscal year 2010; 
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‘‘(D) $1,588,000,000 in fiscal year 2011; 
and 
‘‘(E) $1,750,000,000 in fiscal year 2012.’’. 
(g) WILDLIFE HABITAT INCENTIVES PROGRAM.— 
Paragraph (7)(D) of section 1241(a) of the Food Security 
Act of 1985 (16 U.S.C. 3841(a)) is amended by striking 
‘‘2007’’ and inserting ‘‘2012’’. 
SEC. 2702. AUTHORITY TO ACCEPT CONTRIBUTIONS TO 
SUPPORT CONSERVATION PROGRAMS. 
Section 1241 of the Food Security Act of 1985 (16 
U.S.C. 3841) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) ACCEPTANCE AND USE OF CONTRIBUTIONS.— 
‘‘(1) AUTHORITY TO ESTABLISH CONTRIBUTION 
ACCOUNTS.—Subject to paragraph (2), the Secretary 
may establish a sub-account for each conservation 
program administered by the Secretary under sub-
title D to accept contributions of non-Federal funds 
to support the purposes of the program. 
‘‘(2) DEPOSIT AND USE OF CONTRIBUTIONS.— 
Contributions of non-Federal funds received for a 
conservation program administered by the Secretary 
under subtitle D shall be deposited into the sub-ac-
count established under this subsection for the pro-
gram and shall be available to the Secretary, without 
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further appropriation and until expended, to carry 
out the program.’’. 
SEC. 2703. REGIONAL EQUITY AND FLEXIBILITY. 
(a) REGIONAL EQUITY AND FLEXIBILITY.—Section 
1241(d) of the Food Security Act of 1985 (16 U.S.C. 
3841(d)) is amended— 
(1) by striking ‘‘Before April 1’’ and inserting 
the following: 
‘‘(1) PRIORITY
FUNDING
TO
PROMOTE
EQ-
UITY.—Before April 1’’; 
(2) by striking ‘‘$12,000,000’’ and inserting 
‘‘$15,000,000’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) SPECIFIC FUNDING ALLOCATIONS.—In de-
termining the specific funding allocations for States 
under paragraph (1), the Secretary shall consider 
the respective demand in each State for each pro-
gram covered by such paragraph.’’. 
(b) ALLOCATIONS REVIEW AND UPDATE.—Section 
1241 of the Food Security Act of 1985 (16 U.S.C. 3841) 
is amended by inserting after subsection (e), as added by 
section 2702, the following new subsection: 
‘‘(f) ALLOCATIONS REVIEW AND UPDATE.— 
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‘‘(1) REVIEW.—Not later than January 1, 
2012, the Secretary shall conduct a review of con-
servation programs and authorities under this title 
that utilize allocation formulas to determine the suf-
ficiency of the formulas in accounting for State-level 
economic factors, level of agricultural infrastructure, 
or related factors that affect conservation program 
costs. 
‘‘(2) UPDATE.—The Secretary shall improve 
conservation program allocation formulas as nec-
essary to ensure that the formulas adequately reflect 
the costs of carrying out the conservation pro-
grams.’’. 
SEC. 2704. ASSISTANCE TO CERTAIN FARMERS AND RANCH-
ERS TO IMPROVE THEIR ACCESS TO CON-
SERVATION PROGRAMS. 
Section 1241 of the Food Security Act of 1985 (16 
U.S.C. 3841) is amended by inserting after subsection (f), 
as added by section 2703(b), the following new subsection: 
‘‘(g) ASSISTANCE TO CERTAIN FARMERS OR RANCH-
ERS FOR CONSERVATION ACCESS.— 
‘‘(1) ASSISTANCE.—Of the funds made avail-
able for each of fiscal years 2009 through 2012 to 
carry out the environmental quality incentives pro-
gram and the acres made available for each of such 
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fiscal years to carry out the conservation steward-
ship program, the Secretary shall use, to the max-
imum extent practicable— 
‘‘(A) 5 percent to assist beginning farmers 
or ranchers; and 
‘‘(B) 5 percent to assist socially disadvan-
taged farmers or ranchers. 
‘‘(2) REPOOLING
OF
FUNDS.—In any fiscal 
year, amounts not obligated under paragraph (1) by 
a date determined by the Secretary shall be available 
for payments and technical assistance to all persons 
eligible for payments or technical assistance in that 
fiscal year under the environmental quality incen-
tives program. 
‘‘(3) REPOOLING
OF
ACRES.—In any fiscal 
year, acres not obligated under paragraph (1) by a 
date determined by the Secretary shall be available 
for use in that fiscal year under the conservation 
stewardship program.’’. 
SEC. 2705. REPORT REGARDING ENROLLMENTS AND AS-
SISTANCE 
UNDER 
CONSERVATION 
PRO-
GRAMS. 
Section 1241 of the Food Security Act of 1985 (16 
U.S.C. 3841) is amended by inserting after subsection (g), 
as added by section 2704, the following new subsection: 
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‘‘(h) REPORT ON PROGRAM ENROLLMENTS AND AS-
SISTANCE.—Beginning in calendar year 2009, and each 
year thereafter, the Secretary shall submit to the Com-
mittee on Agriculture of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry of 
the Senate a semiannual report containing statistics by 
State related to enrollments in conservation programs 
under this subtitle, as follows: 
‘‘(1) Payments made under the wetlands re-
serve program for easements valued at $250,000 or 
greater. 
‘‘(2) Payments made under the farmland pro-
tection program for easements in which the Federal 
share is $250,000 or greater. 
‘‘(3) Payments made under the grassland re-
serve program valued at $250,000 or greater. 
‘‘(4) Payments made under the environmental 
quality incentives program for land determined to 
have special environmental significance pursuant to 
section 1240G(b). 
‘‘(5) Payments made under the agricultural 
water enhancement program subject to the waiver of 
adjusted gross income limitations pursuant to sec-
tion 1240I(g). 
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‘‘(6) Waivers granted by the Secretary under 
section 1001D(b)(2) of this Act in order to protect 
environmentally sensitive land of special signifi-
cance.’’. 
SEC. 2706. DELIVERY OF CONSERVATION TECHNICAL AS-
SISTANCE. 
Section 1242 of the Food Security Act of 1985 (16 
U.S.C. 3842) is amended to read as follows: 
‘‘SEC. 1242. DELIVERY OF TECHNICAL ASSISTANCE. 
‘‘(a) DEFINITION OF ELIGIBLE PARTICIPANT.—In 
this section, the term ‘eligible participant’ means a pro-
ducer, landowner, or entity that is participating in, or 
seeking to participate in, programs for which the pro-
ducer, landowner, or entity is otherwise eligible to partici-
pate in under this title or the agricultural management 
assistance program under section 524 of the Federal Crop 
Insurance Act (7 U.S.C. 1524). 
‘‘(b) PURPOSE
OF TECHNICAL ASSISTANCE.—The 
purpose of technical assistance authorized by this section 
is to provide eligible participants with consistent, science- 
based, site-specific practices designed to achieve conserva-
tion objectives on land active in agricultural, forestry, or 
related uses. 
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‘‘(c) PROVISION OF TECHNICAL ASSISTANCE.—The 
Secretary shall provide technical assistance under this title 
to an eligible participant— 
‘‘(1) directly; 
‘‘(2) through an agreement with a third-party 
provider; or 
‘‘(3) at the option of the eligible participant, 
through a payment, as determined by the Secretary, 
to the eligible participant for an approved third- 
party provider, if available. 
‘‘(d) NON-FEDERAL ASSISTANCE.—The Secretary 
may request the services of, and enter into cooperative 
agreements or contracts with, other agencies within the 
Department or non-Federal entities to assist the Secretary 
in providing technical assistance necessary to assist in im-
plementing conservation programs under this title. 
‘‘(e) 
CERTIFICATION
OF
THIRD-PARTY
PRO-
VIDERS.— 
‘‘(1) PURPOSE.—The purpose of the third-party 
provider program is to increase the availability and 
range of technical expertise available to eligible par-
ticipants to plan and implement conservation meas-
ures. 
‘‘(2) REGULATIONS.—Not later than 180 days 
after the date of the enactment of the Food, Con-
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servation, and Energy Act of 2008, the Secretary 
shall promulgate such regulations as are necessary 
to carry out this section. 
‘‘(3) EXPERTISE.—In promulgating such regu-
lations, the Secretary, to the maximum extent prac-
ticable, shall— 
‘‘(A) ensure that persons with expertise in 
the technical aspects of conservation planning, 
watershed planning, and environmental engi-
neering, including commercial entities, non-
profit entities, State or local governments or 
agencies, and other Federal agencies, are eligi-
ble to become approved providers of the tech-
nical assistance; 
‘‘(B) provide national criteria for the cer-
tification of third party providers; and 
‘‘(C) approve any unique certification 
standards established at the State level. 
‘‘(f) ADMINISTRATION.— 
‘‘(1) FUNDING.—Effective for fiscal year 2008 
and each subsequent fiscal year, funds of the Com-
modity Credit Corporation made available to carry 
out technical assistance for each of the programs 
specified in section 1241 shall be available for the 
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provision of technical assistance from third-party 
providers under this section. 
‘‘(2) TERM
OF
AGREEMENT.—An agreement 
with a third-party provider under this section shall 
have a term that— 
‘‘(A) at a minimum, is equal to the period 
beginning on the date on which the agreement 
is entered into and ending on the date that is 
1 year after the date on which all activities per-
formed pursuant to the agreement have been 
completed; 
‘‘(B) does not exceed 3 years; and 
‘‘(C) can be renewed, as determined by the 
Secretary. 
‘‘(3) REVIEW
OF
CERTIFICATION
REQUIRE-
MENTS.—Not later than 1 year after the date of en-
actment of the Food, Conservation, and Energy Act 
of 2008, the Secretary shall— 
‘‘(A) review certification requirements for 
third-party providers; and 
‘‘(B) make any adjustments considered 
necessary by the Secretary to improve participa-
tion. 
‘‘(4) ELIGIBLE ACTIVITIES.— 
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‘‘(A) INCLUSION OF ACTIVITIES.—The Sec-
retary may include as activities eligible for pay-
ments to a third party provider— 
‘‘(i) technical services provided di-
rectly to eligible participants, such as con-
servation planning, education and out-
reach, and assistance with design and im-
plementation of conservation practices; and 
‘‘(ii) related technical assistance serv-
ices that accelerate conservation program 
delivery. 
‘‘(B) EXCLUSIONS.—The Secretary shall 
not designate as an activity eligible for pay-
ments to a third party provider any service that 
is provided by a business, or equivalent, in con-
nection with conducting business and that is 
customarily provided at no cost. 
‘‘(5) PAYMENT AMOUNTS.—The Secretary shall 
establish fair and reasonable amounts of payments 
for technical services provided by third-party pro-
viders. 
‘‘(g) AVAILABILITY OF TECHNICAL SERVICES.— 
‘‘(1) IN GENERAL.—In carrying out the pro-
grams under this title and the agricultural manage-
ment assistance program under section 524 of the 
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Federal Crop Insurance Act (7 U.S.C. 1524), the 
Secretary shall make technical services available to 
all eligible participants who are installing an eligible 
practice. 
‘‘(2) TECHNICAL SERVICE CONTRACTS.—In any 
case in which financial assistance is not provided 
under a program referred to in paragraph (1), the 
Secretary may enter into a technical service contract 
with the eligible participant for the purposes of as-
sisting in the planning, design, or installation of an 
eligible practice. 
‘‘(h) REVIEW OF CONSERVATION PRACTICE STAND-
ARDS.— 
‘‘(1) 
REVIEW
REQUIRED.—The 
Secretary 
shall— 
‘‘(A) review conservation practice stand-
ards, including engineering design specifica-
tions, in effect on the date of the enactment of 
the Food, Conservation, and Energy Act of 
2008; 
‘‘(B) ensure, to the maximum extent prac-
ticable, the completeness and relevance of the 
standards to local agricultural, forestry, and 
natural resource needs, including specialty 
crops, native and managed pollinators, bio-
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energy crop production, forestry, and such 
other needs as are determined by the Secretary; 
and 
‘‘(C) ensure that the standards provide for 
the optimal balance between meeting site-spe-
cific conservation needs and minimizing risks of 
design failure and associated costs of construc-
tion and installation. 
‘‘(2) CONSULTATION.—In conducting the review 
under paragraph (1), the Secretary shall consult 
with eligible participants, crop consultants, coopera-
tive extension and land grant universities, non-
governmental organizations, and other qualified enti-
ties. 
‘‘(3) EXPEDITED REVISION OF STANDARDS.—If 
the Secretary determines under paragraph (1) that 
revisions to the conservation practice standards, in-
cluding engineering design specifications, are nec-
essary, the Secretary shall establish an administra-
tive process for expediting the revisions. 
‘‘(i) ADDRESSING CONCERNS OF SPECIALITY CROP, 
ORGANIC, AND PRECISION AGRICULTURE PRODUCERS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) to the maximum extent practicable, 
fully incorporate specialty crop production, or-
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ganic crop production, and precision agriculture 
into the conservation practice standards; and 
‘‘(B) provide for the appropriate range of 
conservation practices and resource mitigation 
measures available to producers involved with 
organic or specialty crop production or precision 
agriculture. 
‘‘(2) AVAILABILITY OF ADEQUATE TECHNICAL 
ASSISTANCE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
ensure that adequate technical assistance is 
available for the implementation of conservation 
practices by producers involved with organic, 
specialty crop production, or precision agri-
culture through Federal conservation programs. 
‘‘(B) REQUIREMENTS.—In carrying out 
subparagraph (A), the Secretary shall develop— 
‘‘(i) programs that meet specific needs 
of producers involved with organic, spe-
cialty crop production or precision agri-
culture through cooperative agreements 
with other agencies and nongovernmental 
organizations; and 
‘‘(ii) program specifications that allow 
for innovative approaches to engage local 
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resources in providing technical assistance 
for planning and implementation of con-
servation practices.’’. 
SEC. 2707. COOPERATIVE CONSERVATION PARTNERSHIP 
INITIATIVE. 
(a) TRANSFER
OF EXISTING PROVISIONS.—Sub-
sections (a), (c), and (d) of section 1243 of the Food Secu-
rity Act of 1985 (16 U.S.C. 3843) are— 
(1) redesignated as subsections (c), (d), and (e), 
respectively; and 
(2) transferred to appear at the end of section 
1244 of such Act (16 U.S.C. 3844). 
(b) ESTABLISHMENT
OF
PARTNERSHIP
INITIA-
TIVE.—Section 1243 of the Food Security Act of 1985 
(16 U.S.C. 3843), as amended by subsection (a), is 
amended to read as follows: 
‘‘SEC. 1243. COOPERATIVE CONSERVATION PARTNERSHIP 
INITIATIVE. 
‘‘(a) ESTABLISHMENT
OF INITIATIVE.—The Sec-
retary shall establish a cooperative conservation partner-
ship initiative (in this section referred to as the ‘Initia-
tive’) to work with eligible partners to provide assistance 
to producers enrolled in a program described in subsection 
(c)(1) that will enhance conservation outcomes on agricul-
tural and nonindustrial private forest land. 
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‘‘(b) PURPOSES.—The purposes of a partnership en-
tered into under the Initiative shall be— 
‘‘(1) to address conservation priorities involving 
agriculture and nonindustrial private forest land on 
a local, State, multi-State, or regional level; 
‘‘(2) to encourage producers to cooperate in 
meeting applicable Federal, State, and local regu-
latory requirements related to production involving 
agriculture and nonindustrial private forest land; 
‘‘(3) to encourage producers to cooperate in the 
installation and maintenance of conservation prac-
tices that affect multiple agricultural or nonindus-
trial private forest operations; or 
‘‘(4) to promote the development and dem-
onstration of innovative conservation practices and 
delivery methods, including those for specialty crop 
and organic production and precision agriculture 
producers. 
‘‘(c) INITIATIVE PROGRAMS.— 
‘‘(1) COVERED PROGRAMS.—Except as provided 
in paragraph (2), the Initiative applies to all con-
servation programs under subtitle D. 
‘‘(2) EXCLUDED
PROGRAMS.—The Initiative 
shall not include the following programs: 
‘‘(A) Conservation reserve program. 
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‘‘(B) Wetlands reserve program. 
‘‘(C) Farmland protection program 
‘‘(D) Grassland reserve program. 
‘‘(d) ELIGIBLE
PARTNERS.—The Secretary may 
enter into a partnership under the Initiative with one or 
more of the following: 
‘‘(1) States and local governments. 
‘‘(2) Indian tribes. 
‘‘(3) Producer associations. 
‘‘(4) Farmer cooperatives. 
‘‘(5) Institutions of higher education. 
‘‘(6) Nongovernmental organizations with a his-
tory of working cooperatively with producers to ef-
fectively address conservation priorities related to 
agricultural production and nonindustrial private 
forest land. 
‘‘(e) IMPLEMENTATION
AGREEMENTS.—The Sec-
retary shall carry out the Initiative— 
‘‘(1) by selecting, through a competitive proc-
ess, eligible partners from among applications sub-
mitted under subsection (f); and 
‘‘(2) by entering into multi-year agreements 
with eligible partners so selected for a period not to 
exceed 5 years. 
‘‘(f) APPLICATIONS.— 
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‘‘(1) REQUIRED INFORMATION.—An application 
to enter into a partnership agreement under the Ini-
tiative shall include the following: 
‘‘(A) A description of the area covered by 
the agreement, conservation priorities in the 
area, conservation objectives to be achieved, and 
the expected level of participation by agricul-
tural producers and nonindustrial private forest 
landowners. 
‘‘(B) A description of the partner, or part-
ners, collaborating to achieve the objectives of 
the agreement, and the roles, responsibilities, 
and capabilities of the partner. 
‘‘(C) A description of the resources that 
are requested from the Secretary, and the non- 
Federal resources that will be leveraged by the 
Federal contribution. 
‘‘(D) A description of the plan for moni-
toring, evaluating, and reporting on progress 
made towards achieving the objectives of the 
agreement. 
‘‘(E) Such other information that may be 
required by the Secretary. 
‘‘(2) PRIORITIES.—The Secretary shall give pri-
ority to applications for agreements that— 
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‘‘(A) have a high percentage of producers 
involved and working agricultural or nonindus-
trial private forest land included in the area 
covered by the agreement; 
‘‘(B) significantly leverage non-Federal fi-
nancial and technical resources and coordinate 
with other local, State, or Federal efforts; 
‘‘(C) deliver high percentages of applied 
conservation to address water quality, water 
conservation, or State, regional, or national 
conservation initiatives; 
‘‘(D) provide innovation in conservation 
methods and delivery, including outcome-based 
performance measures and methods; or 
‘‘(E) meet other factors, as determined by 
the Secretary. 
‘‘(g) RELATIONSHIP TO COVERED PROGRAMS.— 
‘‘(1) COMPLIANCE WITH PROGRAM RULES.—Ex-
cept as provided in paragraph (2), the Secretary 
shall ensure that resources made available under the 
Initiative are delivered in accordance with the appli-
cable rules of programs specified in subsection (c)(1) 
through normal program mechanisms relating to 
program functions, including rules governing ap-
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peals, payment limitations, and conservation compli-
ance. 
‘‘(2) ADJUSTMENT.—The Secretary may adjust 
the elements of any program specified in subsection 
(c)(1)— 
‘‘(A) to better reflect unique local cir-
cumstances and purposes if the Secretary deter-
mines such adjustments are necessary to 
achieve the purposes of the Initiative; and 
‘‘(B) to provide preferential enrollment to 
producers who are eligible for the applicable 
program and to participate in the Initiative. 
‘‘(h) TECHNICAL AND FINANCIAL ASSISTANCE.—The 
Secretary shall provide appropriate technical and financial 
assistance to producers participating in the Initiative in 
an amount determined to be necessary to achieve the pur-
poses of the Initiative. 
‘‘(i) FUNDING.— 
‘‘(1) RESERVATION.—Of the funds and acres 
made available for each of fiscal years 2009 through 
2012 to implement the programs described in sub-
section (c)(1), the Secretary shall reserve 6 percent 
of the funds and acres to ensure an adequate source 
of funds and acres for the Initiative. 
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‘‘(2) ALLOCATION
REQUIREMENTS.—Of the 
funds and acres reserved for the Initiative for a fis-
cal year, the Secretary shall allocate— 
‘‘(A) 90 percent of the funds and acres to 
projects based on the direction of State con-
servationists, with the advice of State technical 
committees; and 
‘‘(B) 10 percent of the funds and acres to 
projects based on a national competitive process 
established by the Secretary. 
‘‘(3) UNUSED FUNDING.—Any funds and acres 
reserved for a fiscal year under paragraph (1) that 
are not obligated by April 1 of that fiscal year may 
be used to carry out other activities under the pro-
gram that is the source of the funds or acres during 
the remainder of that fiscal year. 
‘‘(4) ADMINISTRATIVE COSTS OF PARTNERS.— 
Overhead or administrative costs of partners may 
not be covered by funds provided through the Initia-
tive.’’. 
SEC. 2708. ADMINISTRATIVE REQUIREMENTS FOR CON-
SERVATION PROGRAMS. 
Section 1244 of the Food Security Act of 1985 (16 
U.S.C. 3844), as amended by section 2707, is further 
amended— 
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(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) INCENTIVES
FOR
CERTAIN
FARMERS
AND 
RANCHERS AND INDIAN TRIBES.— 
‘‘(1) INCENTIVES
AUTHORIZED.—In carrying 
out any conservation program administered by the 
Secretary, the Secretary may provide to a person or 
entity specified in paragraph (2) incentives to par-
ticipate in the conservation program— 
‘‘(A) to foster new farming and ranching 
opportunities; and 
‘‘(B) to enhance long-term environmental 
goals. 
‘‘(2) COVERED
PERSONS.—Incentives author-
ized by paragraph (1) may be provided to the fol-
lowing: 
‘‘(A) Beginning farmers or ranchers. 
‘‘(B) Socially disadvantaged farmers or 
ranchers. 
‘‘(C) Limited resource farmers or ranchers. 
‘‘(D) Indian tribes.’’; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(f) ACREAGE LIMITATIONS.— 
‘‘(1) LIMITATIONS.— 
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‘‘(A) ENROLLMENTS.—The Secretary shall 
not enroll more than 25 percent of the cropland 
in any county in the programs administered 
under subchapters B and C of chapter 1 of sub-
title D. 
‘‘(B) EASEMENTS.—Not more than 10 
percent of the cropland in a country may be 
subject to an easement acquired under sub-
chapter C of chapter 1 of subtitle D. 
‘‘(2) EXCEPTIONS.—The Secretary may exceed 
the limitation in paragraph (1)(A), if the Secretary 
determines that— 
‘‘(A) the action would not adversely affect 
the local economy of a county; and 
‘‘(B) operators in the county are having 
difficulties complying with conservation plans 
implemented under section 1212. 
‘‘(3) WAIVER
TO
EXCLUDE
CERTAIN
ACRE-
AGE.—The Secretary may grant a waiver to exclude 
acreage enrolled under subsection (c)(2)(B) or (f)(4) 
of section 1234 from the limitations in paragraph 
(1)(A) with the concurrence of the county govern-
ment of the county involved. 
‘‘(4) SHELTERBELTS AND WINDBREAKS.—The 
limitations established under paragraph (1) shall not 
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apply to cropland that is subject to an easement 
under subchapter C of chapter 1 that is used for the 
establishment of shelterbelts and windbreaks. 
‘‘(g) COMPLIANCE AND PERFORMANCE.—For each 
conservation program under subtitle D, the Secretary shall 
develop procedures— 
‘‘(1) to monitor compliance with program re-
quirements; 
‘‘(2) to measure program performance; 
‘‘(3) to demonstrate whether the long-term con-
servation benefits of the program are being achieved; 
‘‘(4) to track participation by crop and livestock 
types; and 
‘‘(5) to coordinate activities described in this 
subsection with the national conservation program 
authorized under section 5 of the Soil and Water 
Resources Conservation Act of 1977 (16 U.S.C. 
2004). 
‘‘(h) ENCOURAGEMENT
OF POLLINATOR HABITAT 
DEVELOPMENT AND PROTECTION.—In carrying out any 
conservation program administered by the Secretary, the 
Secretary may, as appropriate, encourage— 
‘‘(1) the development of habitat for native and 
managed pollinators; and 
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‘‘(2) the use of conservation practices that ben-
efit native and managed pollinators. 
‘‘(i) STREAMLINED APPLICATION PROCESS.— 
‘‘(1) IN GENERAL.—In carrying out each con-
servation program under this title, the Secretary 
shall ensure that the application process used by 
producers and landowners is streamlined to mini-
mize complexity and eliminate redundancy. 
‘‘(2) REVIEW AND STREAMLINING.— 
‘‘(A) REVIEW.—The Secretary shall carry 
out a review of the application forms and proc-
esses for each conservation program covered by 
this subsection. 
‘‘(B) STREAMLINING.—On completion of 
the review the Secretary shall revise application 
forms and processes, as necessary, to ensure 
that— 
‘‘(i) all required application informa-
tion is essential for the efficient, effective, 
and accountable implementation of con-
servation programs; 
‘‘(ii) conservation program applicants 
are not required to provide information 
that is readily available to the Secretary 
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through existing information systems of 
the Department of Agriculture; 
‘‘(iii) information provided by the ap-
plicant is managed and delivered efficiently 
for use in all stages of the application 
process, or for multiple applications; and 
‘‘(iv) information technology is used 
effectively to minimize data and informa-
tion input requirements. 
‘‘(3) IMPLEMENTATION
AND
NOTIFICATION.— 
Not later than 1 year after the date of enactment 
of the Food, Conservation, and Energy Act of 2008, 
the Secretary shall submit to Congress a written no-
tification of completion of the requirements of this 
subsection.’’. 
SEC. 2709. ENVIRONMENTAL SERVICES MARKETS. 
Subtitle E of title XII of the Food Security Act of 
1985 is amended by inserting after section 1244 (16 
U.S.C. 3844) the following new section: 
‘‘SEC. 1245. ENVIRONMENTAL SERVICES MARKETS. 
‘‘(a) TECHNICAL GUIDELINES REQUIRED.—The Sec-
retary shall establish technical guidelines that outline 
science-based methods to measure the environmental serv-
ices benefits from conservation and land management ac-
tivities in order to facilitate the participation of farmers, 
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ranchers, and forest landowners in emerging environ-
mental services markets. The Secretary shall give priority 
to the establishment of guidelines related to farmer, 
rancher, and forest landowner participation in carbon 
markets. 
‘‘(b) ESTABLISHMENT.—The Secretary shall estab-
lish guidelines under subsection (a) for use in developing 
the following: 
‘‘(1) A procedure to measure environmental 
services benefits. 
‘‘(2) A protocol to report environmental services 
benefits. 
‘‘(3) A registry to collect, record and maintain 
the benefits measured. 
‘‘(c) VERIFICATION REQUIREMENTS.— 
‘‘(1) VERIFICATION
OF
REPORTS.—The Sec-
retary shall establish guidelines for a process to 
verify that a farmer, rancher, or forest landowner 
who reports an environmental services benefit pursu-
ant to the protocol required by paragraph (2) of sub-
section (b) for inclusion in the registry required by 
paragraph (3) of such subsection has implemented 
the conservation or land management activity cov-
ered by the report. 
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‘‘(2) ROLE OF THIRD PARTIES.—In establishing 
the verification guidelines required by paragraph (1), 
the Secretary shall consider the role of third-parties 
in conducting independent verification of benefits 
produced for environmental services markets and 
other functions, as determined by the Secretary. 
‘‘(d) USE OF EXISTING INFORMATION.—In carrying 
out subsection (b), the Secretary shall build on activities 
or information in existence on the date of the enactment 
of the Food, Conservation, and Energy Act of 2008 re-
garding environmental services markets. 
‘‘(e) CONSULTATION.—In carrying out this section, 
the Secretary shall consult with the following: 
‘‘(1) Federal and State government agencies. 
‘‘(2) Nongovernmental interests including— 
‘‘(A) farm, ranch, and forestry producers; 
‘‘(B) financial institutions involved in envi-
ronmental services trading; 
‘‘(C) institutions of higher education with 
relevant expertise or experience; 
‘‘(D) nongovernmental organizations with 
relevant expertise or experience; and 
‘‘(E) private sector representatives with 
relevant expertise or experience. 
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‘‘(3) Other interested persons, as determined by 
the Secretary.’’. 
SEC. 2710. AGRICULTURE CONSERVATION EXPERIENCED 
SERVICES PROGRAM. 
Subtitle F of title XII of the Food Security Act of 
1985 is amended by inserting after section 1251 (16 
U.S.C. 2005a) the following new section: 
‘‘SEC. 1252. AGRICULTURE CONSERVATION EXPERIENCED 
SERVICES PROGRAM. 
‘‘(a) ESTABLISHMENT
AND PURPOSE.—The Sec-
retary shall establish a conservation experienced services 
program (in this section referred to as the ‘ACES Pro-
gram’) for the purpose of utilizing the talents of individ-
uals who are age 55 or older, but who are not employees 
of the Department of Agriculture or a State agriculture 
department, to provide technical services in support of the 
conservation-related programs and authorities carried out 
by the Secretary. Such technical services may include con-
servation planning assistance, technical consultation, and 
assistance with design and implementation of conservation 
practices. 
‘‘(b) PROGRAM AGREEMENTS.— 
‘‘(1) RELATION TO OLDER AMERICAN COMMU-
NITY
SERVICE
EMPLOYMENT
PROGRAM.—Notwith-
standing any other provision of law relating to Fed-
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eral grants, cooperative agreements, or contracts, to 
carry out the ACES program during a fiscal year, 
the Secretary may enter into agreements with non-
profit private agencies and organizations eligible to 
receive grants for that fiscal year under the Commu-
nity Service Senior Opportunities Act (42 U.S.C. 
3056 et seq.) to secure participants for the ACES 
program who will provide technical services under 
the ACES program. 
‘‘(2) REQUIRED DETERMINATION.—Before en-
tering into an agreement under paragraph (1), the 
Secretary shall ensure that the agreement would 
not— 
‘‘(A) result in the displacement of individ-
uals employed by the Department, including 
partial displacement through reduction of non- 
overtime hours, wages, or employment benefits; 
‘‘(B) result in the use of an individual 
under the ACES program for a job or function 
in a case in which a Federal employee is in a 
layoff status from the same or a substantially- 
equivalent job or function with the Department; 
or 
‘‘(C) affect existing contracts for services. 
‘‘(c) FUNDING SOURCE.— 
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may carry out the ACES 
program using funds made available to carry out 
each program under this title. 
‘‘(2) EXCLUSIONS.—Funds made available to 
carry out the following programs may not be used 
to carry out the ACES program: 
‘‘(A) The conservation reserve program. 
‘‘(B) The wetlands reserve program. 
‘‘(C) The grassland reserve program. 
‘‘(D) The conservation stewardship pro-
gram. 
‘‘(d) LIABILITY.—An individual providing technical 
services under the ACES program is deemed to be an em-
ployee of the United States Government for purposes of 
chapter 171 of title 28, United States Code, if the indi-
vidual— 
‘‘(1) is providing technical services pursuant to 
an agreement entered into under subsection (b); and 
‘‘(2) is acting within the scope of the agree-
ment.’’. 
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SEC. 2711. ESTABLISHMENT OF STATE TECHNICAL COM-
MITTEES AND THEIR RESPONSIBILITIES. 
Subtitle G of title XII of the Farm Security Act of 
1985 (16 U.S.C. 3861, 3862) is amended to read as fol-
lows: 
‘‘Subtitle G—State Technical 
Committees 
‘‘SEC. 1261. ESTABLISHMENT OF STATE TECHNICAL COM-
MITTEES. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a technical committee in each State to assist the Sec-
retary in the considerations relating to implementation 
and technical aspects of the conservation programs under 
this title. 
‘‘(b) STANDARDS.—Not later than 180 days after the 
date of enactment of the Food, Conservation, and Energy 
Act of 2008, the Secretary shall develop— 
‘‘(1) standard operating procedures to stand-
ardize the operations of State technical committees; 
and 
‘‘(2) standards to be used by State technical 
committees in the development of technical guide-
lines under section 1262(b) for the implementation 
of the conservation provisions of this title. 
‘‘(c) COMPOSITION.—Each State technical committee 
shall be composed of agricultural producers and other pro-
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fessionals that represent a variety of disciplines in the soil, 
water, wetland, and wildlife sciences. The technical com-
mittee for a State shall include representatives from 
among the following: 
‘‘(1) The Natural Resources Conservation Serv-
ice. 
‘‘(2) The Farm Service Agency. 
‘‘(3) The Forest Service. 
‘‘(4) The National Institute of Food and Agri-
culture. 
‘‘(5) The State fish and wildlife agency. 
‘‘(6) The State forester or equivalent State offi-
cial. 
‘‘(7) The State water resources agency. 
‘‘(8) The State department of agriculture. 
‘‘(9) The State association of soil and water 
conservation districts. 
‘‘(10) Agricultural producers representing the 
variety of crops and livestock or poultry raised with-
in the State. 
‘‘(11) Owners of nonindustrial private forest 
land. 
‘‘(12) Nonprofit organizations within the mean-
ing of section 501(c)(3) of the Internal Revenue 
Code of 1986 with demonstrable conservation exper-
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tise and experience working with agriculture pro-
ducers in the State. 
‘‘(13) Agribusiness. 
‘‘SEC. 1262. RESPONSIBILITIES. 
‘‘(a) IN GENERAL.—Each State technical committee 
established under section 1261 shall meet regularly to pro-
vide information, analysis, and recommendations to appro-
priate officials of the Department of Agriculture who are 
charged with implementing the conservation provisions of 
this title. 
‘‘(b) PUBLIC NOTICE
AND ATTENDANCE.—Each 
State technical committee shall provide public notice of, 
and permit public attendance at, meetings considering 
issues of concern related to carrying out this title. 
‘‘(c) ROLE.— 
‘‘(1) IN GENERAL.—The role of State technical 
committees is advisory in nature, and such commit-
tees shall have no implementation or enforcement 
authority. However, the Secretary shall give strong 
consideration to the recommendations of such com-
mittees in administering the programs under this 
title. 
‘‘(2) ADVISORY ROLE IN ESTABLISHING PRO-
GRAM PRIORITIES AND CRITERIA.—Each State tech-
nical committee shall advise the Secretary in estab-
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lishing priorities and criteria for the programs in 
this title, including the review of whether local work-
ing groups are addressing those priorities. 
‘‘(d) FACA REQUIREMENTS.— 
‘‘(1) EXEMPTION.—Each State technical com-
mittee shall be exempt from the Federal Advisory 
Committee Act (5 U.S.C. App.). 
‘‘(2) LOCAL WORKING GROUPS.—For purposes 
of the Federal Advisory Committee Act (5 U.S.C. 
App.), any local working group established under 
this subtitle shall be considered to be a sub-
committee of the applicable State technical com-
mittee.’’. 
Subtitle I—Conservation Programs 
Under Other Laws 
SEC. 2801. AGRICULTURAL MANAGEMENT ASSISTANCE 
PROGRAM. 
(a) ELIGIBLE STATES.—Section 524(b)(1) of the 
Federal Crop Insurance Act (7 U.S.C. 1524(b)(1)) is 
amended by inserting ‘‘Hawaii,’’ after ‘‘Delaware,’’. 
(b) FUNDING.—Section 524(b)(4)(B) of the Federal 
Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is amend-
ed— 
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(1) in clause (i), by striking ‘‘Except as pro-
vided in clauses (ii) and (iii)’’ and inserting ‘‘Except 
as provided in clause (ii)’’; and 
(2) by striking clauses (ii) and (iii) and insert-
ing the following new clause: 
‘‘(ii) EXCEPTION FOR FISCAL YEARS 
2008
THROUGH
2012.—For each of fiscal 
years 2008 through 2012, the Commodity 
Credit Corporation shall make available to 
carry out this subsection $15,000,000.’’. 
(c) CERTAIN USES.—Section 524(b)(4) of the Fed-
eral Crop Insurance Act (7 U.S.C. 1524(b)(4)) is amended 
by adding at the end the following new subparagraph: 
‘‘(C) CERTAIN
USES.—Of the amounts 
made available to carry out this subsection for 
a fiscal year, the Commodity Credit Corpora-
tion shall use not less than— 
‘‘(i) 50 percent to carry out subpara-
graphs (A), (B), and (C) of paragraph (2) 
through the Natural Resources Conserva-
tion Service; 
‘‘(ii) 10 percent to provide organic 
certification cost share assistance through 
the Agricultural Marketing Service; and 
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‘‘(iii) 40 percent to conduct activities 
to carry out subparagraph (F) of para-
graph (2) through the Risk Management 
Agency.’’. 
SEC. 2802. TECHNICAL ASSISTANCE UNDER SOIL CON-
SERVATION AND DOMESTIC ALLOTMENT ACT. 
(a) PREVENTION OF SOIL EROSION.— 
(1) IN GENERAL.—The first section of the Soil 
Conservation and Domestic Allotment Act (16 
U.S.C. 590a) is amended— 
(A) by striking ‘‘That it’’ and inserting the 
following: 
‘‘SECTION 1. PURPOSE. 
‘‘It’’; and 
(B) in the matter preceding paragraph (1), 
by striking ‘‘and thereby to preserve natural re-
sources,’’ and inserting ‘‘to preserve soil, water, 
and related resources, promote soil and water 
quality,’’. 
(2) POLICIES AND PURPOSES.—Section 7(a)(1) 
of the Soil Conservation and Domestic Allotment 
Act (16 U.S.C. 590g(a)(1)) is amended by striking 
‘‘fertility’’ and inserting ‘‘and water quality and re-
lated resources’’. 
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(b) DEFINITIONS.—Section 10 of the Soil Conserva-
tion and Domestic Allotment Act (16 U.S.C. 590j) is 
amended to read as follows: 
‘‘SEC. 10. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) AGRICULTURAL
COMMODITY.—The term 
‘agricultural commodity’ means— 
‘‘(A) an agricultural commodity; and 
‘‘(B) any regional or market classification, 
type, or grade of an agricultural commodity. 
‘‘(2) TECHNICAL ASSISTANCE.— 
‘‘(A) IN
GENERAL.—The term ‘technical 
assistance’ means technical expertise, informa-
tion, and tools necessary for the conservation of 
natural resources on land active in agricultural, 
forestry, or related uses. 
‘‘(B) INCLUSIONS.—The term ‘technical 
assistance’ includes— 
‘‘(i) technical services provided di-
rectly to farmers, ranchers, and other eligi-
ble entities, such as conservation planning, 
technical consultation, and assistance with 
design and implementation of conservation 
practices; and 
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‘‘(ii) technical infrastructure, includ-
ing activities, processes, tools, and agency 
functions needed to support delivery of 
technical services, such as technical stand-
ards, resource inventories, training, data, 
technology, monitoring, and effects anal-
yses.’’. 
SEC. 2803. SMALL WATERSHED REHABILITATION PRO-
GRAM. 
(a) AVAILABILITY OF FUNDS.—Section 14(h)(1) of 
the Watershed Protection and Flood Prevention Act (16 
U.S.C. 1012(h)(1)) is amended by adding at the end the 
following new subparagraph: 
‘‘(G) $100,000,000 for fiscal year 2009, to 
be available until expended.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
14(h)(2)(E) of the Watershed Protection and Flood Pre-
vention Act (16 U.S.C. 1012(h)(2)(E)) is amended by 
striking ‘‘fiscal year 2007’’ and inserting ‘‘each of fiscal 
years 2008 through 2012’’. 
SEC. 2804. AMENDMENTS TO SOIL AND WATER RESOURCES 
CONSERVATION ACT OF 1977. 
(a) CONGRESSIONAL FINDINGS.—Section 2 of the 
Soil and Water Resources Conservation Act of 1977 (16 
U.S.C. 2001) is amended— 
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(1) in paragraph (2), by striking ‘‘base, of the’’ 
and inserting ‘‘base of the’’; and 
(2) in paragraph (3), by striking ‘‘(3)’’ and all 
that follows through ‘‘Since individual’’ and insert-
ing the following: 
‘‘(3) Appraisal and inventory of resources, as-
sessment and inventory of conservation needs, eval-
uation of the effects of conservation practices, and 
analyses of alternative approaches to existing con-
servation programs are basic to effective soil, water, 
and related natural resource conservation. 
‘‘(4) Since individual’’. 
(b) CONTINUING APPRAISAL OF SOIL, WATER, AND 
RELATED RESOURCES.—Section 5 of the Soil and Water 
Resources Conservation Act of 1977 (16 U.S.C. 2004) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (5), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (6), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(7) data on conservation plans, conservation 
practices planned or implemented, environmental 
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outcomes, economic costs, and related matters under 
conservation programs administered by the Sec-
retary.’’; 
(2) by redesignating subsection (d) as sub-
section (e); 
(3) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) EVALUATION
OF APPRAISAL.—In conducting 
the appraisal described in subsection (a), the Secretary 
shall concurrently solicit and evaluate recommendations 
for improving the appraisal, including the content, scope, 
process, participation in, and other elements of the ap-
praisal, as determined by the Secretary.’’; and 
(4) in subsection (e), as redesignated by para-
graph (2), by striking the first sentence and insert-
ing the following: ‘‘The Secretary shall conduct com-
prehensive appraisals under this section, to be com-
pleted by December 31, 2010, and December 31, 
2015.’’. 
(c) SOIL AND WATER CONSERVATION PROGRAM.— 
Section 6 of the Soil and Water Resources Conservation 
Act of 1977 (16 U.S.C. 2005) is amended— 
(1) by redesignating subsection (b) as sub-
section (d); 
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(2) by inserting after subsection (a) the fol-
lowing new subsections: 
‘‘(b) EVALUATION
OF
EXISTING
CONSERVATION 
PROGRAMS.—In evaluating existing conservation pro-
grams, the Secretary shall emphasize demonstration, inno-
vation, and monitoring of specific program components in 
order to encourage further development and adoption of 
practices and performance-based standards. 
‘‘(c) IMPROVEMENT TO PROGRAM.—In developing a 
national soil and water conservation program under sub-
section (a), the Secretary shall solicit and evaluate rec-
ommendations for improving the program, including the 
content, scope, process, participation in, and other ele-
ments of the program, as determined by the Secretary.’’; 
and 
(3) in subsection (d), as redesignated by para-
graph (1), by striking ‘‘December 31, 1979’’ and all 
that follows through ‘‘December 31, 2007’’ and in-
serting ‘‘December 31, 2011, and December 31, 
2016’’. 
(d) REPORTS TO CONGRESS.—Section 7 of the Soil 
and Water Resources Conservation Act of 1977 (16 
U.S.C. 2006) is amended to read as follows: 
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‘‘SEC. 7. REPORTS TO CONGRESS. 
‘‘(a) APPRAISAL.—Not later than the date on which 
Congress convenes in 2011 and 2016, the President shall 
transmit to the Committee on Agriculture of the House 
of Representatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate the appraisal developed 
under section 5 and completed before the end of the pre-
vious year. 
‘‘(b) PROGRAM AND STATEMENT OF POLICY.—Not 
later than the date on which Congress convenes in 2012 
and 2017, the President shall transmit to the Committee 
on Agriculture of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the 
Senate— 
‘‘(1) the initial program or updated program 
developed under section 6 and completed before the 
end of the previous year; 
‘‘(2) a detailed statement of policy regarding 
soil and water conservation activities of the Depart-
ment of Agriculture; and 
‘‘(3) a special evaluation of the status, condi-
tions, and trends of soil quality on cropland in the 
United States that addresses the challenges and op-
portunities for reducing soil erosion to tolerance lev-
els. 
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‘‘(c) IMPROVEMENTS
TO
APPRAISAL
AND
PRO-
GRAM.—Not later than the date on which Congress con-
venes in 2012, the Secretary shall submit to the Com-
mittee on Agriculture of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry of 
the Senate a report describing the plans of the Depart-
ment of Agriculture for improving the resource appraisal 
and national conservation program required under this 
Act, based on the recommendations received under sec-
tions 5(d) and 6(c).’’. 
(e) TERMINATION OF PROGRAM.—Section 10 of the 
Soil and Water Resources Conservation Act of 1977 (16 
U.S.C. 2009) is amended by striking ‘‘2008’’ and insert-
ing ‘‘2018’’. 
SEC. 2805. RESOURCE CONSERVATION AND DEVELOPMENT 
PROGRAM. 
(a) LOCALLY LED PLANNING PROCESS.—Section 
1528 of the Agriculture and Food Act of 1981 (16 U.S.C. 
3451) is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘planning process’’ 
and inserting ‘‘locally led planning process’’; 
(2) by redesignating paragraphs (8) and (9) as 
paragraphs (9) and (8), respectively, and moving 
those paragraphs so as to appear in numerical order; 
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(3) in paragraph (8) (as so redesignated)— 
(A) by striking ‘‘PLANNING PROCESS’’ 
and inserting ‘‘LOCALLY LED PLANNING PROC-
ESS’’; and 
(B) by striking ‘‘council’’ and inserting 
‘‘locally led council’’. 
(b) AUTHORIZED TECHNICAL ASSISTANCE.—Section 
1528(13) of the Agriculture and Food Act of 1981 (16 
U.S.C. 3451(13)) is amended by striking subparagraphs 
(C) and (D) and inserting the following new subpara-
graphs: 
‘‘(C) providing assistance for the imple-
mentation of area plans and projects; and 
‘‘(D) providing services that involve the re-
sources of Department of Agriculture programs 
in a local community, as defined in the locally 
led planning process.’’. 
(c) IMPROVED PROVISION OF TECHNICAL ASSIST-
ANCE.—Section 1531 of the Agriculture and Food Act of 
1981 (16 U.S.C. 3454) is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘In carrying’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) COORDINATOR.— 
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‘‘(1) IN GENERAL.—To improve the provision of 
technical assistance to councils under this subtitle, 
the Secretary shall designate for each council an in-
dividual to be the coordinator for the council. 
‘‘(2) RESPONSIBILITY.—A coordinator for a 
council shall be directly responsible for the provision 
of technical assistance to the council.’’. 
(d) PROGRAM EVALUATION.—Section 1534 of the 
Agriculture and Food Act of 1981 (16 U.S.C. 3457) is 
repealed. 
SEC. 2806. USE OF FUNDS IN BASIN FUNDS FOR SALINITY 
CONTROL ACTIVITIES UPSTREAM OF IMPE-
RIAL DAM. 
(a) IN GENERAL.—Section 202(a) of the Colorado 
River Basin Salinity Control Act (43 U.S.C. 1592(a)) is 
amended by adding at the end the following new para-
graph: 
‘‘(7) BASIN STATES PROGRAM.— 
‘‘(A) IN GENERAL.—A Basin States Pro-
gram that the Secretary, acting through the 
Bureau of Reclamation, shall implement to 
carry out salinity control activities in the Colo-
rado River Basin using funds made available 
under section 205(f). 
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‘‘(B) ASSISTANCE.—The Secretary, in con-
sultation with the Colorado River Basin Salinity 
Control Advisory Council, shall carry out this 
paragraph using funds described in subpara-
graph (A) directly or by providing grants, grant 
commitments, or advance funds to Federal or 
non-Federal entities under such terms and con-
ditions as the Secretary may require. 
‘‘(C) ACTIVITIES.—Funds described in 
subparagraph (A) shall be used to carry out, as 
determined by the Secretary— 
‘‘(i) cost-effective measures and asso-
ciated works to reduce salinity from saline 
springs, leaking wells, irrigation sources, 
industrial sources, erosion of public and 
private land, or other sources; 
‘‘(ii) operation and maintenance of sa-
linity control features constructed under 
the Colorado River Basin salinity control 
program; and 
‘‘(iii) studies, planning, and adminis-
tration of salinity control activities. 
‘‘(D) REPORT.— 
‘‘(i) IN GENERAL.—Not later than 30 
days before implementing the program es-
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tablished under this paragraph, the Sec-
retary shall submit to the appropriate com-
mittees of Congress a planning report that 
describes the proposed implementation of 
the program. 
‘‘(ii) 
IMPLEMENTATION.—The 
Sec-
retary may not expend funds to implement 
the program established under this para-
graph before the expiration of the 30-day 
period beginning on the date on which the 
Secretary submits the report, or any revi-
sion to the report, under clause (i).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 202 of the Colorado River Basin 
Salinity Control Act (43 U.S.C. 1592) is amended— 
(A) in subsection (a), in the matter pre-
ceding paragraph (1), by striking ‘‘program’’ 
and inserting ‘‘programs’’; and 
(B) in subsection (b)(4)— 
(i) by striking ‘‘program’’ and insert-
ing ‘‘programs’’; and 
(ii) by striking ‘‘and (6)’’ and insert-
ing ‘‘(6), and (7)’’. 
(2) Section 205 of the Colorado River Basin 
Salinity Control Act (43 U.S.C. 1595) is amended 
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by striking subsection (f) and inserting the following 
new subsection: 
‘‘(f) UP-FRONT COST SHARE.— 
‘‘(1) IN GENERAL.—Effective beginning on the 
date of enactment of this paragraph, subject to 
paragraph (3), the cost share obligations required by 
this section shall be met through an up-front cost 
share from the Basin Funds, in the same propor-
tions as the cost allocations required under sub-
section (a), as provided in paragraph (2). 
‘‘(2) BASIN STATES PROGRAM.—The Secretary 
shall expend the required cost share funds described 
in paragraph (1) through the Basin States Program 
for salinity control activities established under sec-
tion 202(a)(7). 
‘‘(3) EXISTING
SALINITY
CONTROL
ACTIVI-
TIES.—The cost share contribution required by this 
section shall continue to be met through repayment 
in a manner consistent with this section for all salin-
ity control activities for which repayment was com-
menced prior to the date of enactment of this para-
graph.’’. 
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SEC. 2807. DESERT TERMINAL LAKES. 
Section 2507 of the Farm Security and Rural Invest-
ment Act of 2002 (43 U.S.C. 2211 note; Public Law 107– 
171) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘(a)’’ and all that follows 
through ‘‘$200,000,000’’ and inserting ‘‘(a) 
TRANSFER.—Subject to subsection (b) and 
paragraph (1) of section 207(a) of Public Law 
108–7 (117 Stat. 146), notwithstanding para-
graph (3) of that section, on the date of enact-
ment of the Food, Conservation, and Energy 
Act of 2008, the Secretary of Agriculture shall 
transfer $175,000,000’’; and 
(B) by striking the quotation marks at the 
beginning of paragraphs (1) and (2); and 
(2) by striking subsection (b) and inserting the 
following new subsection: 
‘‘(b) PERMITTED USES.—In any case in which there 
are willing sellers, the funds described in subsection (a) 
may be used— 
‘‘(1) to lease water; or 
‘‘(2) to purchase land, water appurtenant to the 
land, and related interests in the Walker River 
Basin in accordance with section 208(a)(1)(A) of the 
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Energy and Water Development Appropriations Act, 
2006 (Public Law 109–103; 119 Stat. 2268).’’. 
Subtitle J—Miscellaneous 
Conservation Provisions 
SEC. 2901. HIGH PLAINS WATER STUDY. 
Notwithstanding any other provision of this Act, no 
person shall become ineligible for any program benefits 
under this Act or an amendment made by this Act solely 
as a result of participating in a 1-time study of recharge 
potential for the Ogallala Aquifer in the High Plains of 
the State of Texas. 
SEC. 2902. NAMING OF NATIONAL PLANT MATERIALS CEN-
TER AT BELTSVILLE, MARYLAND, IN HONOR 
OF NORMAN A. BERG. 
The National Plant Materials Center at Beltsville, 
Maryland, referenced in section 613.5(a) of title 7, Code 
of Federal Regulations, shall be known and designated as 
the ‘‘Norman A. Berg National Plant Materials Center’’. 
Any reference in a law, map, regulation, document, paper, 
or other record of the United States to such National 
Plant Materials Center shall be deemed to be a reference 
to the Norman A. Berg National Plant Materials Center. 
SEC. 2903. TRANSITION. 
(a) CONTINUATION OF PROGRAMS IN FISCAL YEAR 
2008.—Except as otherwise provided by an amendment 
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made by this title, the Secretary of Agriculture shall con-
tinue to carry out any program or activity covered by title 
XII of the Food Security Act (16 U.S.C. 3801 et seq.) 
until September 30, 2008, using the provisions of law ap-
plicable to the program or activity as they existed on the 
day before the date of the enactment of this Act and using 
funds made available under such title for fiscal year 2008 
for the program or activity. 
(b) GROUND AND SURFACE WATER CONSERVATION 
PROGRAM.—During the period beginning on the date of 
the enactment of this Act and ending on September 30, 
2008, the Secretary of Agriculture shall continue to carry 
out the ground and surface water conservation program 
under section 1240I of the Food Security Act of 1985 (16 
U.S.C. 3839aa–9), as in effect before the amendment 
made by section 2510, using the terms, conditions, and 
funds available to the Secretary to carry out such program 
on the day before the date of the enactment of this Act. 
SEC. 2904. REGULATIONS. 
(a) ISSUANCE.—Except as otherwise provided in this 
title or an amendment made by this title, not later than 
90 days after the date of enactment of this Act, the Sec-
retary of Agriculture, in consultation with the Commodity 
Credit Corporation, shall promulgate such regulations as 
are necessary to implement this title. 
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(b) APPLICABLE AUTHORITY.—The promulgation of 
regulations under subsection (a) and administration of 
this title— 
(1) shall be carried out without regard to— 
(A) chapter 35 of title 44, United States 
Code (commonly known as the Paperwork Re-
duction Act); and 
(B) the Statement of Policy of the Sec-
retary of Agriculture effective July 24, 1971 
(36 Fed. Reg. 13804) relating to notices of pro-
posed rulemaking and public participation in 
rulemaking; and 
(2) may— 
(A) be promulgated with an opportunity 
for notice and comment; or 
(B) if determined to be appropriate by the 
Secretary of Agriculture or the Commodity 
Credit Corporation, as an interim rule effective 
on publication with an opportunity for notice 
and comment. 
(c) CONGRESSIONAL REVIEW
OF AGENCY RULE-
MAKING.—In carrying out this section, the Secretary shall 
use the authority provided under section 808(2) of title 
5, United States Code. 
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TITLE III—TRADE 
Subtitle A—Food for Peace Act 
SEC. 3001. SHORT TITLE. 
(a) IN GENERAL.—Section 1 of the Agricultural 
Trade Development and Assistance Act of 1954 (7 U.S.C. 
1691 note; 104 Stat. 3633) is amended by striking ‘‘Agri-
cultural Trade Development and Assistance Act of 1954’’ 
and inserting ‘‘Food for Peace Act’’. 
(b) CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Each provision of law de-
scribed in paragraph (2) is amended— 
(A) by striking ‘‘Agricultural Trade Devel-
opment and Assistance Act of 1954’’ each place 
it appears and inserting ‘‘Food for Peace Act’’; 
and 
(B) in each section heading, by striking 
‘‘AGRICULTURAL
TRADE
DEVELOPMENT 
AND ASSISTANCE ACT OF 1954’’ each place it 
appears and inserting ‘‘FOOD
FOR
PEACE 
ACT’’. 
(2) PROVISIONS
OF
LAW.—The provisions of 
law referred to in paragraph (1) are the following: 
(A) The Agriculture and Food Act of 1981 
(Public Law 97–98; 95 Stat. 1213). 
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(B) The Agricultural Act of 1949 (7 
U.S.C. 1421 et seq.). 
(C) Section 9(a) of the Military Construc-
tion Codification Act (7 U.S.C. 1704c). 
(D) Section 201 of the Africa: Seeds of 
Hope Act of 1998 (7 U.S.C. 1721 note; Public 
Law 105–385). 
(E) The Bill Emerson Humanitarian Trust 
Act (7 U.S.C. 1736f–1 et seq.). 
(F) The Food for Progress Act of 1985 (7 
U.S.C. 1736o). 
(G) Section 3107 of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 
1736o–1). 
(H) Sections 605B and 606C of the Act of 
August 28, 1954 (commonly known as the ‘‘Ag-
ricultural Act of 1954’’) (7 U.S.C. 1765b, 
1766b). 
(I) Section 206 of the Agricultural Act of 
1956 (7 U.S.C. 1856). 
(J) The Agricultural Competitiveness and 
Trade Act of 1988 (7 U.S.C. 5201 et seq.). 
(K) The Agricultural Trade Act of 1978 (7 
U.S.C. 5601 et seq.). 
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(L) The Export-Import Bank Act of 1945 
(12 U.S.C. 635 et seq.). 
(M) Section 301 of title 13, United States 
Code. 
(N) Section 8 of the Endangered Species 
Act of 1973 (16 U.S.C. 1537). 
(O) Section 604 of the Enterprise for the 
Americas Act of 1992 (22 U.S.C. 2077). 
(P) Section 5 of the International Health 
Research Act of 1960 (22 U.S.C. 2103). 
(Q) The Foreign Assistance Act of 1961 
(22 U.S.C. 2151 et seq.). 
(R) The Horn of Africa Recovery and 
Food Security Act (22 U.S.C. 2151 note; Pub-
lic Law 102–274). 
(S) Section 105 of the Mutual Educational 
and Cultural Exchange Act of 1961 (22 U.S.C. 
2455). 
(T) Section 35 of the Foreign Military 
Sales Act (22 U.S.C. 2775). 
(U) The Support for East European De-
mocracy (SEED) Act of 1989 (22 U.S.C. 5401 
et seq.). 
(V) Section 1707 of the Cuban Democracy 
Act of 1992 (22 U.S.C. 6006). 
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(W) The Cuban Liberty and Democratic 
Solidarity (LIBERTAD) Act of 1996 (22 
U.S.C. 6021 et seq.). 
(X) Section 902 of the Trade Sanctions 
Reform and Export Enhancement Act of 2000 
(22 U.S.C. 7201). 
(Y) Chapter 553 of title 46, United State 
Code. 
(Z) Section 4 of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98c). 
(AA) The Food, Agriculture, Conservation, 
and Trade Act of 1990 (Public Law 101–624; 
104 Stat. 3359). 
(BB) Section 738 of the Agriculture, Rural 
Development, Food and Drug Administration, 
and Related Agencies Appropriations Act, 2001 
(Public Law 106–387; 114 Stat 1549A–34). 
(c) REFERENCES.—Any reference in any Federal, 
State, tribal, or local law (including regulations) to the 
‘‘Agricultural Trade Development and Assistance Act of 
1954’’ shall be considered to be a reference to the ‘‘Food 
for Peace Act’’. 
SEC. 3002. UNITED STATES POLICY. 
Section 2 of the Food for Peace Act (7 U.S.C. 1691) 
is amended— 
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(1) by striking paragraph (4); and 
(2) by redesignating paragraphs (5) and (6) as 
paragraphs (4) and (5), respectively. 
SEC. 3003. FOOD AID TO DEVELOPING COUNTRIES. 
Section 3(b) of the Food for Peace Act (7 U.S.C. 
1691a(b)) is amended by striking ‘‘(b)’’ and all that fol-
lows through paragraph (1) and inserting the following: 
‘‘(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
‘‘(1) in negotiations at the Food Aid Conven-
tion, the World Trade Organization, the United Na-
tions Food and Agriculture Organization, and other 
appropriate venues, the President shall— 
‘‘(A) seek commitments of higher levels of 
food aid by donors in order to meet the legiti-
mate needs of developing countries; 
‘‘(B) ensure, to the maximum extent prac-
ticable, that humanitarian nongovernmental or-
ganizations, recipient country governments, 
charitable bodies, and international organiza-
tions shall continue— 
‘‘(i) to be eligible to receive resources 
based on assessments of need conducted by 
those organizations and entities; and 
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‘‘(ii) to implement food aid programs 
in agreements with donor countries; and 
‘‘(C) ensure, to the maximum extent prac-
ticable, that options for providing food aid for 
emergency and nonemergency needs shall not 
be subject to limitation, including in-kind com-
modities, provision of funds for agricultural 
commodity procurement, and monetization of 
commodities, on the condition that the provision 
of those commodities or funds— 
‘‘(i) is based on assessments of need 
and intended to benefit the food security 
of, or otherwise assist, recipients, and 
‘‘(ii) is provided in a manner that 
avoids disincentives to local agricultural 
production and marketing and with mini-
mal potential for disruption of commercial 
markets; and’’. 
SEC. 3004. TRADE AND DEVELOPMENT ASSISTANCE. 
(a) Title I of the Food for Peace Act (7 U.S.C. 1701 
et seq.) is amended in the title heading, by striking 
‘‘TRADE AND DEVELOPMENT ASSISTANCE’’ 
and inserting ‘‘ECONOMIC ASSISTANCE AND 
FOOD SECURITY’’. 
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(b) Section 101 of the Food for Peace Act (7 U.S.C. 
1701) is amended in the section heading, by striking 
‘‘TRADE AND DEVELOPMENT ASSISTANCE’’ and in-
serting ‘‘ECONOMIC ASSISTANCE AND FOOD SECU-
RITY’’. 
SEC. 3005. AGREEMENTS REGARDING ELIGIBLE COUN-
TRIES AND PRIVATE ENTITIES. 
Section 102 of the Food for Peace Act (7 U.S.C. 
1702) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1); and 
(B) by redesignating paragraphs (2) and 
(3) as paragraphs (1) and (2), respectively; and 
(2) by striking subsection (c). 
SEC. 3006. USE OF LOCAL CURRENCY PAYMENTS. 
Section 104(c) of the Food for Peace Act (7 U.S.C. 
1704(c)) is amended— 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘, through agreements with recipient gov-
ernments, private voluntary organizations, and co-
operatives,’’ after ‘‘developing country’’; 
(2) by striking paragraph (1); 
(3) in paragraph (2)— 
(A) in subparagraph (C), by striking 
‘‘and’’ at the end; 
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(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(E) the improvement of the trade capac-
ity of the recipient country.’’; 
(4) in paragraph (3), by striking ‘‘agricultural 
business development and agricultural trade expan-
sion’’ and inserting ‘‘development of agricultural 
businesses and agricultural trade capacity’’; 
(5) in paragraph (4), by striking ‘‘, or other-
wise’’ and all that follows through ‘‘United States’’; 
(6) in paragraph (5), by inserting ‘‘to promote 
agricultural products produced in appropriate devel-
oping countries’’ after ‘‘trade fairs’’; and 
(7) by redesignating paragraphs (2) through 
(9) as paragraphs (1) through (8), respectively. 
SEC. 3007. GENERAL AUTHORITY. 
Section 201 of the Food for Peace Act (7 U.S.C. 
1721) is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) address famine and food crises, and re-
spond to emergency food needs, arising from man- 
made and natural disasters;’’; 
(2) in paragraph (5)— 
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(A) by inserting ‘‘food security and sup-
port’’ after ‘‘promote’’; and 
(B) by striking ‘‘; and’’ and inserting a 
semicolon; 
(3) in paragraph (6), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(7) promote economic and nutritional security 
by increasing educational, training, and other pro-
ductive activities.’’. 
SEC. 3008. PROVISION OF AGRICULTURAL COMMODITIES. 
Section 202 of the Food for Peace Act (7 U.S.C. 
1722) is amended— 
(1) in subsection (b)(2), by striking ‘‘may not 
deny a request for funds’’ and inserting ‘‘may not 
use as a sole rationale for denying a request for 
funds’’; 
(2) in subsection (e)(1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘not less than 5 percent nor 
more than 10 percent’’ and inserting ‘‘not less 
than 7.5 percent nor more than 13 percent’’; 
(B) in subparagraph (A), by striking ‘‘; 
and’’ and inserting a semicolon; 
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(C) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(C) improving and implementing meth-
odologies for food aid programs, including needs 
assessments (upon the request of the Adminis-
trator), monitoring, and evaluation.’’; and 
(3) by striking subsection (h) and inserting the 
following: 
‘‘(h) FOOD AID QUALITY.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
use funds made available for fiscal year 2009 and 
subsequent fiscal years to carry out this title— 
‘‘(A) to assess the types and quality of ag-
ricultural commodities and products donated for 
food aid; 
‘‘(B) to adjust products and formulations 
(including the potential introduction of new 
fortificants and products) as necessary to cost- 
effectively meet nutrient needs of target popu-
lations; and 
‘‘(C) to test prototypes. 
‘‘(2) ADMINISTRATION.—The Administrator— 
‘‘(A) shall carry out this subsection in con-
sultation with and through independent entities 
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with proven expertise in food aid commodity 
quality enhancements; 
‘‘(B) may enter into contracts to obtain 
the services of such entities; and 
‘‘(C) shall consult with the Food Aid Con-
sultative Group on how to carry out this sub-
section. 
‘‘(3) FUNDING
LIMITATION.—Of the funds 
made available under section 207(f), for fiscal years 
2009 through 2011, not more than $4,500,000 may 
be used to carry out this subsection.’’. 
SEC. 3009. GENERATION AND USE OF CURRENCIES BY PRI-
VATE VOLUNTARY ORGANIZATIONS AND CO-
OPERATIVES. 
Section 203(b) of the Food for Peace Act (7 U.S.C. 
1723(b)) is amended by striking ‘‘1 or more recipient 
countries’’ and inserting ‘‘in 1 or more recipient coun-
tries’’. 
SEC. 3010. LEVELS OF ASSISTANCE. 
Section 204(a) of the Food for Peace Act (7 U.S.C. 
1724(a)) is amended— 
(1) in paragraph (1), by striking ‘‘2002 
through 2007’’ and inserting ‘‘2008 through 2012’’; 
and 
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(2) in paragraph (2), by striking ‘‘2002 
through 2007’’ and inserting ‘‘2008 through 2012’’. 
SEC. 3011. FOOD AID CONSULTATIVE GROUP. 
Section 205 of the Food for Peace Act (7 U.S.C. 
1725) is amended— 
(1) in subsection (b)— 
(A) in paragraph (5), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (6), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by inserting at the end the following: 
‘‘(7) representatives from the maritime trans-
portation sector involved in transporting agricultural 
commodities overseas for programs under this Act.’’; 
and 
(2) in subsection (f), by striking ‘‘2007’’ and 
inserting ‘‘2012’’. 
SEC. 3012. ADMINISTRATION. 
Section 207 of the Food for Peace Act (7 U.S.C. 
1726a) is amended— 
(1) in subsection (a)(3), by striking ‘‘and the 
conditions that must be met for the approval of such 
proposal’’; 
(2) in subsection (c), by striking paragraph (3); 
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(3) by striking subsection (d) and inserting the 
following: 
‘‘(d) TIMELY PROVISION
OF COMMODITIES.—The 
Administrator, in consultation with the Secretary, shall 
develop procedures that ensure expedited processing of 
commodity call forwards in order to provide commodities 
overseas in a timely manner and to the extent feasible, 
according to planned delivery schedules.’’; and 
(4) by adding at the end the following: 
‘‘(f) PROGRAM OVERSIGHT, MONITORING, AND EVAL-
UATION.— 
‘‘(1) DUTIES OF ADMINISTRATOR.—The Admin-
istrator, in consultation with the Secretary, shall es-
tablish systems and carry out activities— 
‘‘(A) to determine the need for assistance 
provided under this title; and 
‘‘(B) to improve, monitor, and evaluate the 
effectiveness and efficiency of the assistance 
provided under this title to maximize the impact 
of the assistance. 
‘‘(2) REQUIREMENTS OF SYSTEMS AND ACTIVI-
TIES.—The systems and activities described in para-
graph (1) shall include— 
‘‘(A) program monitors in countries that 
receive assistance under this title; 
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‘‘(B) country and regional food aid impact 
evaluations; 
‘‘(C) the identification and implementation 
of best practices for food aid programs; 
‘‘(D) the evaluation of monetization pro-
grams; 
‘‘(E) early warning assessments and sys-
tems to help prevent famines; and 
‘‘(F) upgraded information technology sys-
tems. 
‘‘(3) IMPLEMENTATION
REPORT.—Not later 
than 180 days after the date of enactment of the 
Food, Conservation, and Energy Act of 2008, the 
Administrator shall submit to the appropriate com-
mittees of Congress a report on efforts undertaken 
by the Administrator to conduct oversight of non-
emergency programs under this title. 
‘‘(4) GOVERNMENT
ACCOUNTABILITY
OFFICE 
REPORT.—Not later than 270 days after the date of 
submission of the report under paragraph (3), the 
Comptroller General of the United States shall sub-
mit to the appropriate committees of Congress a re-
port that contains— 
‘‘(A) a review of, and comments address-
ing, the report described in paragraph (3); and 
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‘‘(B) recommendations relating to any ad-
ditional actions that the Comptroller General of 
the United States determines to be necessary to 
improve the monitoring and evaluation of as-
sistance provided under this title. 
‘‘(5) CONTRACT AUTHORITY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), in carrying out administra-
tive and management activities relating to each 
activity carried out by the Administrator under 
paragraph (1), the Administrator may enter 
into contracts with 1 or more individuals for 
personal service to be performed in recipient 
countries or neighboring countries. 
‘‘(B) PROHIBITION.—An individual who 
enters into a contract with the Administrator 
under subparagraph (A) shall not be considered 
to be an employee of the Federal Government 
for the purpose of any law (including regula-
tions) administered by the Office of Personnel 
Management. 
‘‘(C) PERSONAL SERVICE.—Subparagraph 
(A) does not limit the ability of the Adminis-
trator to enter into a contract with any indi-
vidual for personal service under section 202(a). 
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‘‘(6) FUNDING.— 
‘‘(A) IN
GENERAL.—Subject to section 
202(h)(3), in addition to other funds made 
available to the Administrator to carry out the 
monitoring of emergency food assistance, the 
Administrator may implement this subsection 
using up to $22,000,000 of the funds made 
available under this title for each of fiscal years 
2009 through 2012, except for paragraph 
(2)(F), for which only $2,500,000 shall be 
made available during fiscal year 2009. 
‘‘(B) LIMITATIONS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), of the funds made available under sub-
paragraph (A), for each of fiscal years 
2009 through 2012, not more than 
$8,000,000 may be used by the Adminis-
trator to carry out paragraph (2)(E). 
‘‘(ii) CONDITION.—No funds shall be 
made available under subparagraph (A), in 
accordance with clause (i), unless not less 
than $8,000,000 is made available under 
chapter 1 of part I of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151 et seq.) 
for such purposes for such fiscal year. 
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‘‘(g) PROJECT REPORTING.— 
‘‘(1) IN GENERAL.—In submitting project re-
ports to the Administrator, a private voluntary orga-
nization or cooperative shall provide a copy of the 
report in such form as is necessary for the report to 
be displayed for public use on the website of the 
United States Agency for International Develop-
ment. 
‘‘(2) CONFIDENTIAL INFORMATION.—An orga-
nization or cooperative described in paragraph (1) 
may omit any confidential information from the copy 
of the report submitted for public display under that 
paragraph.’’. 
SEC. 3013. ASSISTANCE FOR STOCKPILING AND RAPID 
TRANSPORTATION, 
DELIVERY, 
AND 
DIS-
TRIBUTION 
OF 
SHELF-STABLE 
PRE-
PACKAGED FOODS. 
Section 208(f) of the Food for Peace Act (7 U.S.C. 
1726b(f)) is amended— 
(1) by striking ‘‘$3,000,000’’ and inserting 
‘‘$8,000,000’’; and 
(2) by striking ‘‘2007’’ and inserting ‘‘2012’’. 
SEC. 3014. GENERAL AUTHORITIES AND REQUIREMENTS. 
(a) IN GENERAL.—Section 401 of the Food for Peace 
Act (7 U.S.C. 1731) is amended— 
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(1) by striking subsection (a); 
(2) by redesignating subsections (b) and (c) as 
subsections (a) and (b), respectively; and 
(3) in subsection (b) (as so redesignated), by 
striking ‘‘(b)(1)’’ and inserting ‘‘(a)(1)’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 406(a) of the Food for Peace Act 
(7 U.S.C. 1736(a)) is amended by striking ‘‘(that 
have been determined to be available under section 
401(a))’’. 
(2) Subsection (e)(1) of the Food for Progress 
Act of 1985 (7 U.S.C. 1736o(e)(1)) is amended by 
striking ‘‘determined to be available under section 
401 of the Food for Peace Act’’. 
SEC. 3015. DEFINITIONS. 
Section 402 of the Food for Peace Act (7 U.S.C. 
1732) is amended— 
(1) by redesignating paragraphs (3) through 
(8) as paragraphs (4) through (9), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) 
APPROPRIATE
COMMITTEE
OF
CON-
GRESS.—The term ‘appropriate committee of Con-
gress’ means— 
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‘‘(A) the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate; 
‘‘(B) the Committee on Agriculture of the 
House of Representatives; and 
‘‘(C) the Committee on Foreign Affairs of 
the House of Representatives.’’. 
SEC. 3016. USE OF COMMODITY CREDIT CORPORATION. 
Section 406(b)(2) of the Food for Peace Act (7 
U.S.C. 1736(b)(2)) is amended by inserting ‘‘, including 
the costs of carrying out section 415’’ before the semi-
colon. 
SEC. 3017. ADMINISTRATIVE PROVISIONS. 
Section 407(c) of the Food for Peace Act (7 U.S.C. 
1736a(c)) is amended— 
(1) in paragraph (4)— 
(A) by striking ‘‘Funds made’’ and insert-
ing the following: 
‘‘(A) IN GENERAL.—Funds made’’; 
(B) in subparagraph (A) (as so des-
ignated)— 
(i) by striking ‘‘2007’’ and inserting 
‘‘2012’’; and 
(ii) by striking ‘‘$2,000,000’’ and in-
serting ‘‘$10,000,000’’; and 
(C) by adding at the end the following: 
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‘‘(B) 
ADDITIONAL
PREPOSITIONING 
SITES.— 
‘‘(i) 
FEASIBILITY
ASSESSMENTS.— 
The Administrator may carry out assess-
ments for the establishment of not less 
than 2 sites to determine the feasibility of, 
and costs associated with, using the sites 
to store and handle agricultural commod-
ities for prepositioning in foreign countries. 
‘‘(ii) ESTABLISHMENT
OF
SITES.— 
Based on the results of each assessment 
carried out under clause (i), the Adminis-
trator may establish additional sites for 
prepositioning in foreign countries.’’; and 
(2) by adding at the end the following: 
‘‘(5) NONEMERGENCY OR MULTIYEAR AGREE-
MENTS.—Annual resource requests for ongoing non-
emergency or ongoing multiyear agreements under 
title II shall be finalized not later than October 1 of 
the fiscal year in which the agricultural commodities 
will be shipped under the agreement.’’. 
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SEC. 3018. CONSOLIDATION AND MODIFICATION OF AN-
NUAL REPORTS REGARDING AGRICULTURAL 
TRADE ISSUES. 
(a) ANNUAL REPORTS.—Section 407 of the Food for 
Peace Act (7 U.S.C. 1736a) is amended by striking sub-
section (f) and inserting the following: 
‘‘(f) ANNUAL REPORTS.— 
‘‘(1) ANNUAL
REPORT
REGARDING
AGRICUL-
TURAL TRADE PROGRAMS AND ACTIVITIES.— 
‘‘(A) ANNUAL
REPORT.—Not later than 
April 1 of each fiscal year, the Administrator 
and the Secretary shall jointly prepare and sub-
mit to the appropriate committees of Congress 
a report regarding each program and activity 
carried out under this Act during the prior fis-
cal year. 
‘‘(B) CONTENTS.—An annual report de-
scribed in subparagraph (A) shall include, with 
respect to the prior fiscal year— 
‘‘(i) a list that contains a description 
of each country and organization that re-
ceives food and other assistance under this 
Act (including the quantity of food and as-
sistance provided to each country and or-
ganization); 
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‘‘(ii) a general description of each 
project and activity implemented under 
this Act (including each activity funded 
through the use of local currencies); 
‘‘(iii) a statement describing the quan-
tity of agricultural commodities made 
available to each country pursuant to— 
‘‘(I) section 416(b) of the Agri-
cultural Act of 1949 (7 U.S.C. 
1431(b)); and 
‘‘(II) the Food for Progress Act 
of 1985 (7 U.S.C. 1736o); 
‘‘(iv) an assessment of the progress 
made through programs under this Act to-
wards reducing food insecurity in the pop-
ulations receiving food assistance from the 
United States; 
‘‘(v) a description of efforts under-
taken by the Food Aid Consultative Group 
under section 205 to achieve an integrated 
and effective food assistance program; 
‘‘(vi) an assessment of— 
‘‘(I) each program oversight, 
monitoring, and evaluation system im-
plemented under section 207(f); and 
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‘‘(II) the impact of each program 
oversight, monitoring, and evaluation 
system on the effectiveness and effi-
ciency of assistance provided under 
this title; and 
‘‘(vii) an assessment of the progress 
made by the Administrator in addressing 
issues relating to quality with respect to 
the provision of food assistance. 
‘‘(2) ANNUAL REPORT REGARDING THE PROVI-
SION OF AGRICULTURAL COMMODITIES TO FOREIGN 
COUNTRIES.— 
‘‘(A) ANNUAL
REPORT.—Not later than 
February 1 of each fiscal year, the Adminis-
trator shall prepare and submit to the appro-
priate committees of Congress a report regard-
ing the administration of food assistance pro-
grams under title II to benefit foreign countries 
during the prior fiscal year. 
‘‘(B) CONTENTS.—An annual report de-
scribed in subparagraph (A) shall include, with 
respect to the prior fiscal year— 
‘‘(i) a list that contains a description 
of each program, country, and commodity 
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approved for assistance under section 207; 
and 
‘‘(ii) a statement that contains a de-
scription of the total amount of funds ap-
proved for transportation and administra-
tive costs under section 207.’’. 
(b) CONFORMING AMENDMENT.—Section 207(e) of 
the Food for Peace Act (7 U.S.C. 1726a(e)) is amended— 
(1) by striking ‘‘TIMELY APPROVAL.’’ and all 
that follows through ‘‘The Administrator’’ and in-
serting ‘‘TIMELY APPROVAL.—The Administrator’’; 
and 
(2) by striking paragraph (2). 
SEC. 3019. EXPIRATION OF ASSISTANCE. 
Section 408 of the Food for Peace Act (7 U.S.C. 
1736b) is amended by striking ‘‘2007’’ and inserting 
‘‘2012’’. 
SEC. 3020. AUTHORIZATION OF APPROPRIATIONS. 
Section 412 of the Food for Peace Act (7 U.S.C. 
1736f) is amended by striking subsection (a) and inserting 
the following: 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated— 
‘‘(1) for fiscal year 2008 and each fiscal year 
thereafter, $2,500,000,000 to carry out the emer-
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gency and nonemergency food assistance programs 
under title II; and 
‘‘(2) such sums as are necessary— 
‘‘(A) to carry out the concessional credit 
sales program established under title I; 
‘‘(B) to carry out the grant program estab-
lished under title III; and 
‘‘(C) to make payments to the Commodity 
Credit Corporation to the extent the Commodity 
Credit Corporation is not reimbursed under the 
programs under this Act for the actual costs in-
curred or to be incurred by the Commodity 
Credit Corporation in carrying out such pro-
grams.’’. 
SEC. 3021. MINIMUM LEVEL OF NONEMERGENCY FOOD AS-
SISTANCE. 
Section 412 of the Food for Peace Act (7 U.S.C. 
1736f) is amended by adding at the end the following: 
‘‘(e) MINIMUM LEVEL OF NONEMERGENCY FOOD AS-
SISTANCE.— 
‘‘(1) 
FUNDS
AND
COMMODITIES.—Of 
the 
amounts made available to carry out emergency and 
nonemergency food assistance programs under title 
II, not less than $375,000,000 for fiscal year 2009, 
$400,000,000 for fiscal year 2010, $425,000,000 for 
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fiscal year 2011, and $450,000,000 for fiscal year 
2012 shall be expended for nonemergency food as-
sistance programs under title II. 
‘‘(2) EXCEPTION.—The President may use less 
than the amount specified in paragraph (1) in a fis-
cal year for nonemergency food assistance programs 
under title II only if— 
‘‘(A) the President has made a determina-
tion that there is an urgent need for additional 
emergency food assistance; 
‘‘(B) the funds and commodities held in 
the Bill Emerson Humanitarian Trust have 
been exhausted; and 
‘‘(C) the President has submitted to Con-
gress a supplemental appropriations request for 
a sum equal to the amount needed to reach the 
required spending level for nonemergency food 
assistance under paragraph (1) and the amount 
exhausted under paragraph (2)(B). 
‘‘(3) NOTIFICATION
TO
CONGRESS.—If the 
President makes the determination described in 
paragraph (2)(A), the President shall submit to 
Congress written notification that the determination 
has been made.’’. 
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467 
SEC. 3022. COORDINATION OF FOREIGN ASSISTANCE PRO-
GRAMS. 
Section 413 of the Food for Peace Act (7 U.S.C. 
1736g) is amended— 
(1) by striking ‘‘To the maximum’’ and insert-
ing the following: 
‘‘(a) IN GENERAL.—To the maximum’’; and 
(2) by adding at the end the following: 
‘‘(b) REPORT REGARDING EFFORTS
TO IMPROVE 
PROCUREMENT PLANNING.— 
‘‘(1) REPORT REQUIRED.—Not later than 90 
days after the date of enactment of the Food, Con-
servation, and Energy Act of 2008, the Adminis-
trator and the Secretary shall submit to each appro-
priate committee of Congress a report that contains 
a description of each effort taken by the Adminis-
trator and the Secretary to improve planning for 
food and transportation procurement (including ef-
forts to eliminate bunching of food purchases). 
‘‘(2) CONTENTS.—A report required under 
paragraph (1) should include a description of each 
effort taken by the Administrator and the Sec-
retary— 
‘‘(A) to improve the coordination of food 
purchases made by— 
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‘‘(i) the United States Agency for 
International Development; and 
‘‘(ii) the Department of Agriculture; 
‘‘(B) to increase flexibility with respect to 
procurement schedules; 
‘‘(C) to increase the use of historical anal-
yses and forecasting; and 
‘‘(D) to improve and streamline legal 
claims processes for resolving transportation 
disputes.’’. 
SEC. 3023. MICRONUTRIENT FORTIFICATION PROGRAMS. 
Section 415 of the Food for Peace Act (7 U.S.C. 
1736g–2) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘Not 
later than September 30, 2003, the Adminis-
trator, in consultation with the Secretary’’ and 
inserting ‘‘Not later than September 30, 2008, 
the Administrator, in consultation with the Sec-
retary’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by adding 
‘‘and’’ after the semicolon at the end; and 
(ii) by striking subparagraphs (B) and 
(C) and inserting the following: 
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‘‘(B) assess and apply technologies and 
systems to improve and ensure the quality, shelf 
life, bioavailability, and safety of fortified food 
aid agricultural commodities, and products of 
those agricultural commodities, using rec-
ommendations included in the report entitled 
‘Micronutrient Compliance Review of Fortified 
Public Law 480 Commodities’, published in Oc-
tober 2001, with implementation by inde-
pendent entities with proven experience and ex-
pertise in food aid commodity quality enhance-
ments.’’; 
(2) by striking subsection (b) and redesignating 
subsections (c) and (d) as subsections (b) and (c), 
respectively; and 
(3) in subsection (c) (as redesignated by para-
graph (2)), by striking ‘‘2007’’ and inserting 
‘‘2012’’. 
SEC. 3024. JOHN OGONOWSKI AND DOUG BEREUTER FARM-
ER-TO-FARMER PROGRAM. 
(a) MINIMUM FUNDING.—Section 501(d) of the Food 
for Peace Act (7 U.S.C. 1737(d)) is amended in the mat-
ter preceding paragraph (1)— 
(1) by striking ‘‘not less than’’ and inserting 
‘‘not less than the greater of $10,000,000 or’’; and 
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(2) by striking ‘‘2002 through 2007’’ and in-
serting ‘‘2008 through 2012’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
501(e) of the Food for Peace Act (7 U.S.C. 1737(e)) is 
amended by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated for each of fiscal years 2008 through 
2012 to carry out the programs under this section— 
‘‘(A) $10,000,000 for sub-Saharan African 
and Caribbean Basin countries; and 
‘‘(B) $5,000,000 for other developing or 
middle-income countries or emerging markets 
not described in subparagraph (A).’’. 
Subtitle B—Agricultural Trade Act 
of 1978 and Related Statutes 
SEC. 3101. EXPORT CREDIT GUARANTEE PROGRAM. 
(a) REPEAL OF SUPPLIER CREDIT GUARANTEE PRO-
GRAM AND INTERMEDIATE EXPORT CREDIT GUARANTEE 
PROGRAM.—Section 202 of the Agricultural Trade Act of 
1978 (7 U.S.C. 5622) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘GUARANTEES.—’’ and all 
that follows through ‘‘The Commodity’’ in para-
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graph (1) and inserting ‘‘GUARANTEES.—The 
Commodity’’; and 
(B) by striking paragraphs (2) and (3); 
(2) by striking subsections (b) and (c); 
(3) by redesignating subsections (d) through (l) 
as subsections (b) through (j), respectively; and 
(4) by adding at the end the following: 
‘‘(k) ADMINISTRATION.— 
‘‘(1) DEFINITION OF LONG TERM.—In this sub-
section, the term ‘long term’ means a period of 10 
or more years. 
‘‘(2) GUARANTEES.—In administering the ex-
port credit guarantees authorized under this section, 
the Secretary shall— 
‘‘(A) maximize the export sales of agricul-
tural commodities; 
‘‘(B) maximize the export credit guaran-
tees that are made available and used during 
the course of a fiscal year; 
‘‘(C) develop an approach to risk evalua-
tion that facilitates accurate country risk des-
ignations and timely adjustments to the des-
ignations (on an ongoing basis) in response to 
material changes in country risk conditions, 
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with ongoing opportunity for input and evalua-
tion from the private sector; 
‘‘(D) adjust risk-based guarantees as nec-
essary to ensure program effectiveness and 
United States competitiveness; and 
‘‘(E) work with industry to ensure, to the 
maximum extent practicable, that risk-based 
fees associated with the guarantees cover, but 
do not exceed, the operating costs and losses 
over the long term.’’. 
(b) FUNDING LEVELS.—Section 211 of the Agricul-
tural Trade Act of 1978 (7 U.S.C. 5641) is amended by 
striking subsection (b) and inserting the following: 
‘‘(b) EXPORT CREDIT GUARANTEE PROGRAMS.—The 
Commodity Credit Corporation shall make available for 
each of fiscal years 1996 through 2012 credit guarantees 
under section 202(a) in an amount equal to but not more 
than the lesser of— 
‘‘(1) $5,500,000,000 in credit guarantees; or 
‘‘(2) the sum of— 
‘‘(A) the amount of credit guarantees that 
the Commodity Credit Corporation can make 
available using budget authority of $40,000,000 
for each fiscal year for the costs of the credit 
guarantees; and 
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‘‘(B) the amount of credit guarantees that 
the Commodity Credit Corporation can make 
available using unobligated budget authority for 
prior fiscal years.’’. 
(c) CONFORMING AMENDMENTS.—Section 202 of the 
Agricultural Trade Act of 1978 (7 U.S.C. 5622) is amend-
ed— 
(1) in subsection (b)(4) (as redesignated by 
subsection (a)(3)), by striking ‘‘, consistent with the 
provisions of subsection (c)’’; 
(2) in subsection (d) (as redesignated by sub-
section (a)(3))— 
(A) by striking ‘‘(1)’’ and all that follows 
through ‘‘The Commodity’’ and inserting ‘‘The 
Commodity’’; and 
(B) by striking paragraph (2); and 
(3) in subsection (g)(2) (as redesignated by 
subsection (a)(3)), by striking ‘‘subsections (a) and 
(b)’’ and inserting ‘‘subsection (a)’’. 
SEC. 3102. MARKET ACCESS PROGRAM. 
(a) ORGANIC COMMODITIES.—Section 203(a) of the 
Agricultural Trade Act of 1978 (7 U.S.C. 5623(a)) is 
amended by inserting after ‘‘agricultural commodities’’ the 
following: ‘‘(including commodities that are organically 
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produced (as defined in section 2103 of the Organic Foods 
Production Act of 1990 (7 U.S.C. 6502)))’’. 
(b) FUNDING.—Section 211(c)(1)(A) of the Agricul-
tural Trade Act of 1978 (7 U.S.C. 5641(c)(1)(A)) is 
amended by striking ‘‘$200,000,000 for each of fiscal 
years 2006 and 2007’’ and inserting ‘‘$200,000,000 for 
each of fiscal years 2008 through 2012’’. 
SEC. 3103. EXPORT ENHANCEMENT PROGRAM. 
(a) IN GENERAL.—Section 301 of the Agricultural 
Trade Act of 1978 (7 U.S.C. 5651) is repealed. 
(b) CONFORMING AMENDMENTS.—The Agricultural 
Trade Act of 1978 is amended— 
(1) in title III, by striking the title heading and 
inserting the following: 
‘‘TITLE III—BARRIERS TO 
EXPORTS’’; 
(2) by redesignating sections 302 and 303 (7 
U.S.C. 5652 and 5653) as sections 301 and 302, re-
spectively; 
(3) in section 302 (as redesignated by para-
graph (2)), by striking ‘‘, such as that established 
under section 301,’’; 
(4) in section 401 (7 U.S.C. 5661)— 
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(A) in subsection (a), by striking ‘‘section 
201, 202, or 301’’ and inserting ‘‘section 201 
or 202’’; and 
(B) in subsection (b), by striking ‘‘sections 
201, 202, and 301’’ and inserting ‘‘sections 201 
and 202’’; and 
(5) in section 402(a)(1) (7 U.S.C. 5662(a)(1)), 
by striking ‘‘sections 201, 202, 203, and 301’’ and 
inserting ‘‘sections 201, 202, and 203’’. 
SEC. 3104. FOREIGN MARKET DEVELOPMENT COOPERATOR 
PROGRAM. 
(a) REPORT TO CONGRESS.—Section 702(c) of the 
Agricultural Trade Act of 1978 (7 U.S.C. 5722(c)) is 
amended by striking ‘‘Committee on International Rela-
tions’’ and inserting ‘‘Committee on Foreign Affairs’’. 
(b) FUNDING.—Section 703(a) of the Agricultural 
Trade Act of 1978 (7 U.S.C. 5723(a)) is amended by 
striking ‘‘2002 through 2007’’ and inserting ‘‘2008 
through 2012’’. 
SEC. 3105. FOOD FOR PROGRESS ACT OF 1985. 
(a) IN GENERAL.—The Food for Progress Act of 
1985 (7 U.S.C. 1736o) is amended by striking ‘‘2007’’ 
each place it appears and inserting ‘‘2012’’. 
(b) DESIGNATION OF PROJECT IN SUB-SAHARAN AF-
RICA.—The Food for Progress Act of 1985 (7 U.S.C. 
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1736o) is amended in subsection (f) by adding at the end 
the following: 
‘‘(6) PROJECT IN MALAWI.— 
‘‘(A) IN GENERAL.—In carrying out this 
section during fiscal year 2009, the President 
shall approve not less than 1 multiyear project 
for Malawi— 
‘‘(i) to promote sustainable agri-
culture; and 
‘‘(ii) to increase the number of women 
in leadership positions. 
‘‘(B) USE OF ELIGIBLE COMMODITIES.— 
Of the eligible commodities used to carry out 
this section during the period in which the 
project described in subparagraph (A) is carried 
out, the President shall carry out the project 
using eligible commodities with a total value of 
not less than $3,000,000 during the course of 
the project.’’. 
SEC. 3106. MCGOVERN-DOLE INTERNATIONAL FOOD FOR 
EDUCATION AND CHILD NUTRITION PRO-
GRAM. 
Section 3107 of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 1736o–1) is amended— 
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(1) in subsections (b), (c)(2)(B), (f)(1), (h), (i), 
and (l)(1), by striking ‘‘President’’ each place it ap-
pears and inserting ‘‘Secretary’’; 
(2) in subsection (d), by striking ‘‘The Presi-
dent shall designate 1 or more Federal agencies’’ 
and inserting ‘‘The Secretary shall’’; 
(3) in paragraph (f)(2), by striking ‘‘imple-
menting agency’’ and inserting ‘‘Secretary’’; and 
(4) in subsection (l)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) USE OF COMMODITY CREDIT CORPORATION 
FUNDS.—Of the funds of the Commodity Credit 
Corporation, the Secretary shall use to carry out this 
section $84,000,000 for fiscal year 2009, to remain 
available until expended.’’; 
(B) in paragraph (2), by striking ‘‘2004 
through 2007’’ and inserting ‘‘2008 through 
2012’’; and 
(C) in paragraph (3), by striking ‘‘any 
Federal agency implementing or assisting’’ and 
inserting ‘‘the Department of Agriculture or 
any other Federal agency assisting’’. 
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Subtitle C—Miscellaneous 
SEC. 3201. BILL EMERSON HUMANITARIAN TRUST. 
Section 302 of the Bill Emerson Humanitarian Trust 
Act (7 U.S.C. 1736f–1) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘establish a trust stock’’ 
and inserting ‘‘establish and maintain a trust’’; 
and 
(B) by striking ‘‘or any combination of the 
commodities, totaling not more than 4,000,000 
metric tons’’ and inserting ‘‘any combination of 
the commodities, or funds’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking subpara-
graph (D) and inserting the following: 
‘‘(D) funds made available— 
‘‘(i) under paragraph (2)(B); 
‘‘(ii) as a result of an exchange of any 
commodity held in the trust for an equiva-
lent amount of funds from the market, if 
the Secretary determines that such a sale 
of the commodity on the market will not 
unduly disrupt domestic markets; or 
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‘‘(iii) to maximize the value of the 
trust, 
in 
accordance 
with 
subsection 
(d)(3).’’; and 
(B) in paragraph (2)(B)— 
(i) in clause (i)— 
(I) by striking ‘‘2007’’ each place 
it appears and inserting ‘‘2012’’; 
(II) by striking ‘‘(c)(2)’’ and in-
serting ‘‘(c)(1)’’; and 
(III) by striking ‘‘and’’ at the 
end; 
(ii) in clause (ii), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) from funds accrued through the 
management of the trust under subsection 
(d).’’; 
(3) in subsection (c)— 
(A) by striking paragraphs (1) and (2) and 
inserting the following: 
‘‘(1) RELEASES
FOR
EMERGENCY
ASSIST-
ANCE.— 
‘‘(A) DEFINITION OF EMERGENCY.— 
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‘‘(i) IN GENERAL.—In this paragraph, 
the term ‘emergency’ means an urgent sit-
uation— 
‘‘(I) in which there is clear evi-
dence that an event or series of events 
described in clause (ii) has occurred— 
‘‘(aa) that causes human 
suffering; and 
‘‘(bb) for which a govern-
ment concerned has not chosen, 
or has not the means, to remedy; 
or 
‘‘(II) created by a demonstrably 
abnormal event or series of events 
that produces dislocation in the lives 
of residents of a country or region of 
a country on an exceptional scale. 
‘‘(ii) EVENT OR SERIES OF EVENTS.— 
An event or series of events referred to in 
clause (i) includes 1 or more of— 
‘‘(I) a sudden calamity, such as 
an earthquake, flood, locust infesta-
tion, or similar unforeseen disaster; 
‘‘(II) a human-made emergency 
resulting in— 
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‘‘(aa) a significant influx of 
refugees; 
‘‘(bb) the internal displace-
ment of populations; or 
‘‘(cc) the suffering of other-
wise affected populations; 
‘‘(III) food scarcity conditions 
caused by slow-onset events, such as 
drought, crop failure, pest infestation, 
and disease, that result in an erosion 
of the ability of communities and vul-
nerable populations to meet food 
needs; and 
‘‘(IV) severe food access or avail-
ability conditions resulting from sud-
den economic shocks, market failure, 
or economic collapse, that result in an 
erosion of the ability of communities 
and vulnerable populations to meet 
food needs. 
‘‘(B) RELEASES.— 
‘‘(i) IN GENERAL.—Any funds or com-
modities held in the trust may be released 
to provide food, and cover any associated 
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costs, under title II of the Food for Peace 
Act (7 U.S.C. 1721 et seq.)— 
‘‘(I) to assist in averting an 
emergency, including during the pe-
riod immediately preceding the emer-
gency; 
‘‘(II) to respond to an emer-
gency; or 
‘‘(III) for recovery and rehabilita-
tion after an emergency. 
‘‘(ii) PROCEDURE.—A release under 
clause (i) shall be carried out in the same 
manner, and pursuant to the same author-
ity as provided in title II of that Act. 
‘‘(C) INSUFFICIENCY OF OTHER FUNDS.— 
The funds and commodities held in the trust 
shall be made immediately available on a deter-
mination by the Administrator that funds avail-
able for emergency needs under title II of that 
Act (7 U.S.C. 1721 et seq.) for a fiscal year are 
insufficient to meet emergency needs during the 
fiscal year. 
‘‘(D) WAIVER
RELATING
TO
MINIMUM 
TONNAGE
REQUIREMENTS.—Nothing in this 
paragraph requires a waiver by the Adminis-
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trator of the Agency for International Develop-
ment under section 204(a)(3) of the Food for 
Peace Act (7 U.S.C. 1724(a)(3)) as a condition 
for a release of funds or commodities under 
subparagraph (B).’’; and 
(B) 
by 
redesignating 
paragraphs 
(3) 
through (5) as paragraphs (2) through (4), re-
spectively; 
(4) in subsection (d)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (A) through (C), 
respectively, and indenting the subparagraphs 
appropriately; 
(B) by striking the subsection designation 
and heading and all that follows through ‘‘pro-
vide—’’ and inserting the following: 
‘‘(d) MANAGEMENT OF TRUST.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
for the management of eligible commodities and 
funds held in the trust in a manner that is con-
sistent with maximizing the value of the trust, as de-
termined by the Secretary. 
‘‘(2) ELIGIBLE COMMODITIES.—The Secretary 
shall provide—’’; 
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(C) in paragraph (2) (as redesignated by 
subparagraph (B))— 
(i) in subparagraph (B) (as redesig-
nated by subparagraph (A)), by striking 
‘‘and’’ at the end; and 
(ii) in subparagraph (C) (as redesig-
nated by subparagraph (A)), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(D) by adding at the end the following: 
‘‘(3) FUNDS.— 
‘‘(A) EXCHANGES.—If any commodity held 
in the trust is exchanged for funds under sub-
section (b)(1)(D)(ii), the funds shall be held in 
the trust until the date on which the funds are 
released in the case of an emergency under sub-
section (c). 
‘‘(B) INVESTMENT.—The Secretary may 
invest funds held in the trust in any short-term 
obligation of the United States or any other 
low-risk short-term instrument or security in-
sured by the Federal Government in which a 
regulated insurance company may invest under 
the laws of the District of Columbia.’’; and 
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(5) in subsection (h), in each of paragraphs (1) 
and (2), by striking ‘‘2007’’ each place it appears 
and inserting ‘‘2012’’. 
SEC. 3202. GLOBAL CROP DIVERSITY TRUST. 
(a) CONTRIBUTION.—The Administrator of the 
United States Agency for International Development shall 
contribute funds to endow the Global Crop Diversity Trust 
(referred to in this section as the ‘‘Trust’’) to assist in 
the conservation of genetic diversity in food crops through 
the collection and storage of the germplasm of food crops 
in a manner that provides for— 
(1) the maintenance and storage of seed collec-
tions; 
(2) the documentation and cataloguing of the 
genetics and characteristics of conserved seeds to en-
sure efficient reference for researchers, plant breed-
ers, and the public; 
(3) building the capacity of seed collection in 
developing countries; 
(4) making information regarding crop genetic 
data publicly available for researchers, plant breed-
ers, and the public (including through the provision 
of an accessible Internet website); 
(5) the operation and maintenance of a back-up 
facility in which are stored duplicate samples of 
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seeds, in the case of natural or man-made disasters; 
and 
(6) oversight designed to ensure international 
coordination of those actions and efficient, public ac-
cessibility to that diversity through a cost-effective 
system. 
(b) UNITED STATES CONTRIBUTION LIMIT.—The 
aggregate contributions of funds of the Federal Govern-
ment provided to the Trust shall not exceed 25 percent 
of the total amount of funds contributed to the Trust from 
all sources. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$60,000,000 for the period of fiscal years 2008 through 
2012. 
SEC. 3203. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS. 
Section 3205 of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 5680) is amended by striking 
subsection (d) and inserting the following: 
‘‘(d) ANNUAL REPORT.—Not later than 180 days 
after the date of enactment of the Food, Conservation, and 
Energy Act of 2008 and annually thereafter, the Secretary 
shall submit to the appropriate committees of Congress 
a report that contains, for the period covered by the re-
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port, a description of each factor that affects the export 
of specialty crops, including each factor relating to any— 
‘‘(1) significant sanitary or phytosanitary issue; 
or 
‘‘(2) trade barrier. 
‘‘(e) FUNDING.— 
‘‘(1) COMMODITY CREDIT CORPORATION.—The 
Secretary shall use the funds, facilities, and authori-
ties of the Commodity Credit Corporation to carry 
out this section. 
‘‘(2) FUNDING AMOUNTS.—Of the funds of the 
Commodity Credit Corporation, the Secretary shall 
use to carry out this section— 
‘‘(A) $4,000,000 for fiscal year 2008; 
‘‘(B) $7,000,000 for fiscal year 2009; 
‘‘(C) $8,000,000 for fiscal year 2010; 
‘‘(D) $9,000,000 for fiscal year 2011; and 
‘‘(E) $9,000,000 for fiscal year 2012.’’. 
SEC. 3204. EMERGING MARKETS AND FACILITY GUAR-
ANTEE LOAN PROGRAM. 
Section 1542 of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 
101–624) is amended— 
(1) in subsection (a), by striking ‘‘2007’’ and 
inserting ‘‘2012’’; 
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(2) in subsection (b)— 
(A) in the first sentence, by redesignating 
paragraphs (1) and (2) as subparagraphs (A) 
and (B), respectively, and indenting appro-
priately; 
(B) by striking ‘‘A portion’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—A portion’’; 
(C) in the second sentence, by striking 
‘‘The Commodity Credit Corporation’’ and in-
serting the following: 
‘‘(2) PRIORITY.—The Commodity Credit Cor-
poration’’; and 
(D) by adding at the end the following: 
‘‘(3) CONSTRUCTION
WAIVER.—The Secretary 
may waive any applicable requirements relating to 
the use of United States goods in the construction 
of a proposed facility, if the Secretary determines 
that— 
‘‘(A) goods from the United States are not 
available; or 
‘‘(B) the use of goods from the United 
States is not practicable. 
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‘‘(4) TERM
OF
GUARANTEE.—A facility pay-
ment guarantee under this subsection shall be for a 
term that is not more than the lesser of— 
‘‘(A) the term of the depreciation schedule 
of the facility assisted; or 
‘‘(B) 20 years.’’; and 
(3) in subsection (d)(1)(A)(i) by striking 
‘‘2007’’ and inserting ‘‘2012’’. 
SEC. 3205. CONSULTATIVE GROUP TO ELIMINATE THE USE 
OF CHILD LABOR AND FORCED LABOR IN IM-
PORTED AGRICULTURAL PRODUCTS. 
(a) DEFINITIONS.—In this section: 
(1) CHILD
LABOR.—The term ‘‘child labor’’ 
means the worst forms of child labor as defined in 
International Labor Convention 182, the Convention 
Concerning the Prohibition and Immediate Action 
for the Elimination of the Worst Forms of Child 
Labor, done at Geneva on June 17, 1999. 
(2) CONSULTATIVE GROUP.—The term ‘‘Con-
sultative Group’’ means the Consultative Group to 
Eliminate the Use of Child Labor and Forced Labor 
in Imported Agricultural Products established under 
subsection (b). 
(3) FORCED LABOR.—The term ‘‘forced labor’’ 
means all work or service— 
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(A) that is exacted from any individual 
under menace of any penalty for nonperform-
ance of the work or service, and for which— 
(i) the work or service is not offered 
voluntarily; or 
(ii) the work or service is performed 
as a result of coercion, debt bondage, or 
involuntary servitude (as those terms are 
defined in section 103 of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 
7102)); and 
(B) by 1 or more individuals who, at the 
time of performing the work or service, were 
being subjected to a severe form of trafficking 
in persons (as that term is defined in that sec-
tion). 
(b) ESTABLISHMENT.—There is established a group 
to be known as the ‘‘Consultative Group to Eliminate the 
Use of Child Labor and Forced Labor in Imported Agri-
cultural Products’’ to develop recommendations relating to 
guidelines to reduce the likelihood that agricultural prod-
ucts or commodities imported into the United States are 
produced with the use of forced labor and child labor. 
(c) DUTIES.— 
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(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act and in accordance 
with section 105(d) of the Trafficking Victims Pro-
tection Act of 2000 (22 U.S.C. 7103(d)), as applica-
ble to the importation of agricultural products made 
with the use of child labor or forced labor, the Con-
sultative Group shall develop, and submit to the Sec-
retary, recommendations relating to a standard set 
of practices for independent, third-party monitoring 
and verification for the production, processing, and 
distribution of agricultural products or commodities 
to reduce the likelihood that agricultural products or 
commodities imported into the United States are 
produced with the use of forced labor or child labor. 
(2) GUIDELINES.— 
(A) IN GENERAL.—Not later than 1 year 
after the date on which the Secretary receives 
recommendations under paragraph (1), the Sec-
retary shall release guidelines for a voluntary 
initiative to enable entities to address issues 
raised by the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7101 et seq.). 
(B) REQUIREMENTS.—Guidelines released 
under subparagraph (A) shall be published in 
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the Federal Register and made available for 
public comment for a period of 90 days. 
(d) MEMBERSHIP.—The Consultative Group shall be 
composed of not more than 13 individuals, of whom— 
(1) 2 members shall represent the Department 
of Agriculture, as determined by the Secretary; 
(2) 1 member shall be the Deputy Under Sec-
retary for International Affairs of the Department of 
Labor; 
(3) 1 member shall represent the Department 
of State, as determined by the Secretary of State; 
(4) 3 members shall represent private agri-
culture-related enterprises, which may include retail-
ers, food processors, importers, and producers, of 
whom at least 1 member shall be an importer, food 
processor, or retailer who utilizes independent, third- 
party supply chain monitoring for forced labor or 
child labor; 
(5) 2 members shall represent institutions of 
higher education and research institutions, as deter-
mined appropriate by the Bureau of International 
Labor Affairs of the Department of Labor; 
(6) 1 member shall represent an organization 
that provides independent, third-party certification 
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services for labor standards for producers or import-
ers of agricultural commodities or products; and 
(7) 3 members shall represent organizations de-
scribed in section 501(c)(3) of the Internal Revenue 
Code of 1986 that have expertise on the issues of 
international child labor and do not possess a con-
flict of interest associated with establishment of the 
guidelines issued under subsection (c)(2), as deter-
mined by the Bureau of International Labor Affairs 
of the Department of Labor, including representa-
tives from consumer organizations and trade unions, 
if appropriate. 
(e) CHAIRPERSON.—A representative of the Depart-
ment of Agriculture appointed under subsection (d)(1), as 
determined by the Secretary, shall serve as the chair-
person of the Consultative Group. 
(f) REQUIREMENTS.—Not less than 4 times per year, 
the Consultative Group shall meet at the call of the Chair-
person, after reasonable notice to all members, to develop 
recommendations described in subsection (c)(1). 
(g) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory Committee Act (5 U.S.C. App.) shall not apply to 
the Consultative Group. 
(h) ANNUAL REPORTS.—Not later than 1 year after 
the date of enactment of this Act, and annually thereafter 
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through December 31, 2012, the Secretary shall submit 
to the Committees on Agriculture and Foreign Affairs of 
the House of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a report 
describing the activities and recommendations of the Con-
sultative Group. 
(i) TERMINATION OF AUTHORITY.—The Consultative 
Group shall terminate on December 31, 2012. 
SEC. 3206. LOCAL AND REGIONAL FOOD AID PROCURE-
MENT PROJECTS. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Agency for 
International Development. 
(2) APPROPRIATE COMMITTEE OF CONGRESS.— 
The term ‘‘appropriate committee of Congress’’ 
means— 
(A) the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate; 
(B) the Committee on Agriculture of the 
House of Representatives; and 
(C) the Committee on Foreign Affairs of 
the House of Representatives. 
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(3) ELIGIBLE COMMODITY.—The term ‘‘eligible 
commodity’’ means an agricultural commodity (or 
the product of an agricultural commodity) that— 
(A) is produced in, and procured from, a 
developing country; and 
(B) at a minimum, meets each nutritional, 
quality, and labeling standard of the country 
that receives the agricultural commodity, as de-
termined by the Secretary. 
(4) ELIGIBLE ORGANIZATION.—The term ‘‘eligi-
ble organization’’ means an organization that is— 
(A) described in section 202(d) of the 
Food for Peace Act (7 U.S.C. 1722(d)); and 
(B) with respect to nongovernmental orga-
nizations, subject to regulations promulgated or 
guidelines issued to carry out this section, in-
cluding United States audit requirements that 
are applicable to nongovernmental organiza-
tions. 
(b) STUDY; FIELD-BASED PROJECTS.— 
(1) STUDY.— 
(A) IN GENERAL.—Not later than 30 days 
after the date of enactment of this Act, the Sec-
retary shall initiate a study of prior local and 
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regional procurements for food aid programs 
conducted by— 
(i) other donor countries; 
(ii) private voluntary organizations; 
and 
(iii) the World Food Program of the 
United Nations. 
(B) REPORT.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall submit to the appropriate commit-
tees of Congress a report containing the results 
of the study conducted under subparagraph 
(A). 
(2) FIELD-BASED PROJECTS.— 
(A) IN
GENERAL.—In accordance with 
subparagraph (B), the Secretary shall provide 
grants to, or enter into cooperative agreements 
with, eligible organizations to carry out field- 
based projects that consist of local or regional 
procurements of eligible commodities to respond 
to food crises and disasters in accordance with 
this section. 
(B) 
CONSULTATION
WITH
ADMINIS-
TRATOR.—In carrying out the development and 
implementation of field-based projects under 
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subparagraph (A), the Secretary shall consult 
with the Administrator. 
(c) PROCUREMENT.— 
(1) IN GENERAL.—Any eligible commodity that 
is procured for a field-based project carried out 
under subsection (b)(2) shall be procured through 
any approach or methodology that the Secretary 
considers to be an effective approach or methodology 
to provide adequate information regarding the man-
ner by which to expedite, to the maximum extent 
practicable, the provision of food aid to affected pop-
ulations without significantly increasing commodity 
costs for low-income consumers who procure com-
modities sourced from the same markets at which 
the eligible commodity is procured. 
(2) REQUIREMENTS.— 
(A) IMPACT
ON
LOCAL
FARMERS
AND 
COUNTRIES.—The Secretary shall ensure that 
the local or regional procurement of any eligible 
commodity under this section will not have a 
disruptive impact on farmers located in, or the 
economy of— 
(i) the recipient country of the eligible 
commodity; or 
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(ii) any country in the region in which 
the eligible commodity may be procured. 
(B) 
TRANSSHIPMENT.—The 
Secretary 
shall, in accordance with such terms and condi-
tions as the Secretary considers to be appro-
priate, require from each eligible organization 
commitments designed to prevent or restrict— 
(i) the resale or transshipment of any 
eligible commodity procured under this sec-
tion to any country other than the recipi-
ent country; and 
(ii) the use of the eligible commodity 
for any purpose other than food aid. 
(C) WORLD PRICES.— 
(i) IN GENERAL.—In carrying out this 
section, the Secretary shall take any pre-
caution that the Secretary considers to be 
reasonable to ensure that the procurement 
of eligible commodities will not unduly dis-
rupt— 
(I) world prices for agricultural 
commodities; or 
(II) normal patterns of commer-
cial trade with foreign countries. 
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(ii) PROCUREMENT PRICE.—The pro-
curement of any eligible commodity shall 
be made at a reasonable market price with 
respect to the economy of the country in 
which the eligible commodity is procured, 
as determined by the Secretary. 
(d) REGULATIONS; GUIDELINES.— 
(1) IN
GENERAL.—In accordance with para-
graph (2), not later than 180 days after the date of 
completion of the study under subsection (b)(1), the 
Secretary shall promulgate regulations or issue 
guidelines to carry out field-based projects under 
this section. 
(2) REQUIREMENTS.— 
(A) USE OF STUDY.—In promulgating reg-
ulations or issuing guidelines under paragraph 
(1), the Secretary shall take into consideration 
the results of the study described in subsection 
(b)(1). 
(B) PUBLIC REVIEW AND COMMENT.—In 
promulgating regulations or issuing guidelines 
under paragraph (1), the Secretary shall pro-
vide an opportunity for public review and com-
ment. 
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(3) AVAILABILITY.—The Secretary shall not ap-
prove the procurement of any eligible commodity 
under this section until the date on which the Sec-
retary promulgates regulations or issues guidelines 
under paragraph (1). 
(e) FIELD-BASED PROJECT GRANTS OR COOPERA-
TIVE AGREEMENTS.— 
(1) IN GENERAL.—The Secretary shall award 
grants to, or enter into cooperative agreements with, 
eligible organizations to carry out field-based 
projects. 
(2) REQUIREMENTS
OF
ELIGIBLE
ORGANIZA-
TIONS.— 
(A) APPLICATION.— 
(i) IN GENERAL.—To be eligible to re-
ceive a grant from, or enter into a coopera-
tive agreement with, the Secretary under 
this subsection, an eligible organization 
shall submit to the Secretary an applica-
tion by such date, in such manner, and 
containing such information as the Sec-
retary may require. 
(ii) OTHER
APPLICABLE
REQUIRE-
MENTS.—Any other applicable requirement 
relating to the submission of proposals for 
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consideration shall apply to the submission 
of an application required under clause (i), 
as determined by the Secretary. 
(B) COMPLETION REQUIREMENT.—To be 
eligible to receive a grant from, or enter into a 
cooperative agreement with, the Secretary 
under this subsection, an eligible organization 
shall agree— 
(i) to collect by September 30, 2011, 
data containing the information required 
under subsection (f)(1)(B) relating to the 
field-based project funded through the 
grant; and 
(ii) to provide to the Secretary the 
data collected under clause (i). 
(3) REQUIREMENTS OF SECRETARY.— 
(A) PROJECT DIVERSITY.— 
(i) IN
GENERAL.—Subject to clause 
(ii) and subparagraph (B), in selecting 
proposals for field-based projects to fund 
under this section, the Secretary shall se-
lect a diversity of projects, including 
projects located in— 
(I) food surplus regions; 
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(II) food deficit regions (that are 
carried out using regional procure-
ment methods); and 
(III) multiple geographical re-
gions. 
(ii) PRIORITY.—In selecting proposals 
for field-based projects under clause (i), 
the Secretary shall ensure that the major-
ity of selected proposals are for field-based 
projects that— 
(I) are located in Africa; and 
(II) procure eligible commodities 
that are produced in Africa. 
(B) DEVELOPMENT ASSISTANCE.—A por-
tion of the funds provided under this subsection 
shall be made available for field-based projects 
that provide development assistance for a period 
of not less than 1 year. 
(4) AVAILABILITY.—The Secretary shall not 
award a grant to any eligible organization under 
paragraph (1) until the date on which the Secretary 
promulgates regulations or issues guidelines under 
subsection (d)(1). 
(f) INDEPENDENT EVALUATIONS; REPORT.— 
(1) INDEPENDENT EVALUATIONS.— 
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(A) IN GENERAL.—Not later than Novem-
ber 1, 2011, the Secretary shall ensure that an 
independent third party conducts an inde-
pendent evaluation of all field-based projects 
that— 
(i) addresses each factor described in 
subparagraph (B); and 
(ii) is conducted in accordance with 
this section. 
(B) REQUIRED FACTORS.—The Secretary 
shall require the independent third party to de-
velop— 
(i) with respect to each relevant mar-
ket in which an eligible commodity was 
procured under this section, a description 
of— 
(I) the prevailing and historic 
supply, demand, and price movements 
of the market (including the extent of 
competition for procurement bids); 
(II) the impact of the procure-
ment of the eligible commodity on 
producer and consumer prices in the 
market; 
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(III) each government market in-
terference or other activity of the 
donor country that might have signifi-
cantly affected the supply or demand 
of the eligible commodity in the area 
at which the local or regional procure-
ment occurred; 
(IV) the quantities and types of 
eligible commodities procured in the 
market; 
(V) the time frame for procure-
ment of each eligible commodity; and 
(VI) the total cost of the procure-
ment of each eligible commodity (in-
cluding storage, handling, transpor-
tation, and administrative costs); 
(ii) an assessment regarding— 
(I) whether the requirements of 
this section have been met; 
(II) the impact of different meth-
odologies and approaches on— 
(aa) local and regional agri-
cultural 
producers 
(including 
large and small agricultural pro-
ducers); 
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(bb) markets; 
(cc) low-income consumers; 
and 
(dd) program recipients; and 
(III) the length of the period be-
ginning on the date on which the Sec-
retary initiated the procurement proc-
ess and ending on the date of delivery 
of eligible commodities; 
(iii) a comparison of different meth-
odologies used to carry out this section, 
with respect to— 
(I) the benefits to local agri-
culture; 
(II) the impact on markets and 
consumers; 
(III) the period of time required 
for procurement and delivery; 
(IV) quality and safety assur-
ances; and 
(V) implementation costs; and 
(iv) to the extent adequate informa-
tion is available (including the results of 
the report required under subsection 
(b)(1)(B)), a comparison of the different 
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methodologies used by other donor coun-
tries to make local and regional procure-
ments. 
(C) INDEPENDENT THIRD PARTY ACCESS 
TO
RECORDS
AND
REPORTS.—The Secretary 
shall provide to the independent third party ac-
cess to each record and report that the inde-
pendent third party determines to be necessary 
to complete the independent evaluation. 
(D) PUBLIC ACCESS TO RECORDS AND RE-
PORTS.—Not later than 180 days after the date 
described in paragraph (2), the Secretary shall 
provide public access to each record and report 
described in subparagraph (C). 
(2) REPORT.—Not later than 4 years after the 
date of enactment of this Act, the Secretary shall 
submit to the appropriate committees of Congress a 
report that contains the analysis and findings of the 
independent evaluation conducted under paragraph 
(1)(A). 
(g) FUNDING.— 
(1) COMMODITY
CREDIT
CORPORATION.—The 
Secretary shall use the funds, facilities, and authori-
ties of the Commodity Credit Corporation to carry 
out this section. 
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(2) FUNDING AMOUNTS.—Of the funds of the 
Commodity Credit Corporation, the Secretary shall 
use to carry out this section— 
(A) $5,000,000 for fiscal year 2009; 
(B) $25,000,000 for fiscal year 2010; 
(C) $25,000,000 for fiscal year 2011; and 
(D) $5,000,000 for fiscal year 2012. 
Subtitle D—Softwood Lumber 
SEC. 3301. SOFTWOOD LUMBER. 
(a) IN GENERAL.—The Tariff Act of 1930 (19 
U.S.C. 1202 et seq.) is amended by adding at the end 
the following new title: 
‘‘TITLE VIII—SOFTWOOD 
LUMBER 
‘‘SEC. 801. SHORT TITLE; TABLE OF CONTENTS. 
‘‘(a) SHORT TITLE.—This title may be cited as the 
‘Softwood Lumber Act of 2008’. 
‘‘(b) TABLE OF CONTENTS.—The table of contents 
for this title is as follows: 
‘‘TITLE VIII—SOFTWOOD LUMBER 
‘‘Sec. 801. Short title; table of contents. 
‘‘Sec. 802. Definitions. 
‘‘Sec. 803. Establishment of softwood lumber importer declaration program. 
‘‘Sec. 804. Scope of softwood lumber importer declaration program. 
‘‘Sec. 805. Export charge determination and publication. 
‘‘Sec. 806. Reconciliation. 
‘‘Sec. 807. Verification. 
‘‘Sec. 808. Penalties. 
‘‘Sec. 809. Reports. 
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‘‘SEC. 802. DEFINITIONS. 
‘‘In this title: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means the Committee on Finance of the 
Senate and the Committee on Ways and Means of 
the House of Representatives. 
‘‘(2) COUNTRY OF EXPORT.—The term ‘country 
of export’ means the country (including any political 
subdivision of the country) from which softwood 
lumber or a softwood lumber product is exported be-
fore entering the United States. 
‘‘(3) 
CUSTOMS
LAWS
OF
THE
UNITED 
STATES.—The term ‘customs laws of the United 
States’ means any law or regulation enforced or ad-
ministered by U.S. Customs and Border Protection. 
‘‘(4) EXPORT
CHARGES.—The term ‘export 
charges’ means any tax, charge, or other fee col-
lected by the country from which softwood lumber or 
a softwood lumber product, described in section 
804(a), is exported pursuant to an international 
agreement entered into by that country and the 
United States. 
‘‘(5) EXPORT PRICE.— 
‘‘(A) IN
GENERAL.—The term ‘export 
price’ means one of the following: 
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‘‘(i) In the case of softwood lumber or 
a softwood lumber product that has under-
gone only primary processing, the value 
that would be determined F.O.B. at the fa-
cility where the product underwent the last 
primary processing before export. 
‘‘(ii)(I) In the case of softwood lumber 
or a softwood lumber product described in 
subclause (II), the value that would be de-
termined F.O.B. at the facility where the 
lumber or product underwent the last pri-
mary processing. 
‘‘(II) Softwood lumber or a softwood 
lumber product described in this subclause 
is lumber or a product that underwent the 
last remanufacturing before export by a 
manufacturer who— 
‘‘(aa) does not hold tenure rights 
provided by the country of export; 
‘‘(bb) did not acquire standing 
timber directly from the country of 
export; and 
‘‘(cc) is not related to the person 
who holds tenure rights or acquired 
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standing timber directly from the 
country of export. 
‘‘(iii)(I) In the case of softwood lum-
ber or a softwood lumber product described 
in subclause (II), the value that would be 
determined F.O.B. at the facility where the 
product underwent the last processing be-
fore export. 
‘‘(II) Softwood lumber or a softwood 
lumber product described in this subclause 
is lumber or a product that undergoes the 
last remanufacturing before export by a 
manufacturer who— 
‘‘(aa) holds tenure rights pro-
vided by the country of export; 
‘‘(bb) acquired standing timber 
directly from the country of export; or 
‘‘(cc) is related to a person who 
holds tenure rights or acquired stand-
ing timber directly from the country 
of export. 
‘‘(B) RELATED
PERSONS.—For purposes 
of this paragraph, a person is related to an-
other person if— 
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‘‘(i) the person bears a relationship to 
such other person described in section 
152(a) of the Internal Revenue Code of 
1986; 
‘‘(ii) the person bears a relationship to 
such other person described in section 
267(b) of such Code, except that ‘5 per-
cent’ shall be substituted for ‘50 percent’ 
each place it appears; 
‘‘(iii) the person and such other per-
son are part of a controlled group of cor-
porations, as that term is defined in sec-
tion 1563(a) of such Code, except that ‘5 
percent’ shall be substituted for ‘80 per-
cent’ each place it appears; 
‘‘(iv) the person is an officer or direc-
tor of such other person; or 
‘‘(v) the person is the employer of 
such other person. 
‘‘(C) TENURE RIGHTS.—For purposes of 
this paragraph, the term ‘tenure rights’ means 
rights to harvest timber from public land grant-
ed by the country of export. 
‘‘(D) EXPORT PRICE WHERE F.O.B. VALUE 
CANNOT BE DETERMINED.— 
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‘‘(i) IN
GENERAL.—In the case of 
softwood lumber or a softwood lumber 
product described in clause (i), (ii), or (iii) 
of subparagraph (A) for which an F.O.B. 
value cannot be determined, the export 
price shall be the market price for the 
identical lumber or product sold in an 
arm’s-length transaction in the country of 
export at approximately the same time as 
the exported lumber or product. The mar-
ket price shall be determined in the fol-
lowing order of preference: 
‘‘(I) The market price for the 
lumber or a product sold at substan-
tially the same level of trade as the 
exported lumber or product but in dif-
ferent quantities. 
‘‘(II) The market price for the 
lumber or a product sold at a dif-
ferent level of trade than the exported 
lumber or product but in similar 
quantities. 
‘‘(III) The market price for the 
lumber or a product sold at a dif-
ferent level of trade than the exported 
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lumber or product and in different 
quantities. 
‘‘(ii) LEVEL
OF
TRADE.—For pur-
poses of clause (i), ‘level of trade’ shall be 
determined in the same manner as pro-
vided under section 351.412(c) of title 19, 
Code of Federal Regulations (as in effect 
on January 1, 2008). 
‘‘(6) F.O.B.—The term ‘F.O.B.’ means a value 
consisting of all charges payable by a purchaser, in-
cluding those charges incurred in the placement of 
merchandise on board of a conveyance for shipment, 
but does not include the actual shipping charges or 
any applicable export charges. 
‘‘(7) HTS.—The term ‘HTS’ means the Har-
monized Tariff Schedule of the United States (19 
U.S.C. 1202) (as in effect on January 1, 2008). 
‘‘(8) PERSON.—The term ‘person’ includes any 
individual, partnership, corporation, association, or-
ganization, business trust, government entity, or 
other entity subject to the jurisdiction of the United 
States. 
‘‘(9) UNITED
STATES.—The term ‘United 
States’ means the customs territory of the United 
States, as defined in General Note 2 of the HTS. 
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‘‘SEC. 803. ESTABLISHMENT OF SOFTWOOD LUMBER IM-
PORTER DECLARATION PROGRAM. 
‘‘(a) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) IN GENERAL.—The President shall estab-
lish and maintain an importer declaration program 
with respect to the importation of softwood lumber 
and softwood lumber products described in section 
804(a). The importer declaration program shall re-
quire importers of softwood lumber and softwood 
lumber products described in section 804(a) to pro-
vide the information required under subsection (b) 
and declare the information required by subsection 
(c), and require that such information accompany 
the entry summary documentation. 
‘‘(2) ELECTRONIC
RECORD.—The President 
shall establish an electronic record that includes the 
importer information required under subsection (b) 
and the declarations required under subsection (c). 
‘‘(b) REQUIRED INFORMATION.—The President shall 
require the following information to be submitted by any 
person seeking to import softwood lumber or softwood 
lumber products described in section 804(a): 
‘‘(1) The export price for each shipment of 
softwood lumber or softwood lumber products. 
‘‘(2) The estimated export charge, if any, appli-
cable to each shipment of softwood lumber or 
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softwood lumber products as calculated by applying 
the percentage determined and published by the 
Under Secretary for International Trade of the De-
partment of Commerce pursuant to section 805 to 
the export price provided in subsection (b)(1). 
‘‘(c) IMPORTER DECLARATIONS.—Pursuant to proce-
dures prescribed by the President, any person seeking to 
import softwood lumber or softwood lumber products de-
scribed in section 804(a) shall declare that— 
‘‘(1) the person has made appropriate inquiry, 
including seeking appropriate documentation from 
the exporter and consulting the determinations pub-
lished by the Under Secretary for International 
Trade of the Department of Commerce pursuant to 
section 805(b); and 
‘‘(2) to the best of the person’s knowledge and 
belief— 
‘‘(A) the export price provided pursuant to 
subsection (b)(1) is determined in accordance 
with the definition provided in section 802(5); 
‘‘(B) the export price provided pursuant to 
subsection (b)(1) is consistent with the export 
price provided on the export permit, if any, 
granted by the country of export; and 
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‘‘(C) the exporter has paid, or committed 
to pay, all export charges due— 
‘‘(i) in accordance with the volume, 
export price, and export charge rate or 
rates, if any, as calculated under an inter-
national agreement entered into by the 
country of export and the United States; 
and 
‘‘(ii) consistent with the export charge 
determinations published by the Under 
Secretary for International Trade pursuant 
to section 805(b). 
‘‘SEC. 804. SCOPE OF SOFTWOOD LUMBER IMPORTER DEC-
LARATION PROGRAM. 
‘‘(a) PRODUCTS INCLUDED IN PROGRAM.—The fol-
lowing products shall be subject to the importer declara-
tion program established under section 803: 
‘‘(1) IN GENERAL.—All softwood lumber and 
softwood lumber products classified under sub-
heading 4407.10.00, 4409.10.10, 4409.10.20, or 
4409.10.90 of the HTS, including the following 
softwood lumber, flooring, and siding: 
‘‘(A) Coniferous wood, sawn or chipped 
lengthwise, sliced or peeled, whether or not 
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planed, sanded, or finger-jointed, of a thickness 
exceeding 6 millimeters. 
‘‘(B) Coniferous wood siding (including 
strips and friezes for parquet flooring, not as-
sembled) 
continuously 
shaped 
(tongued, 
grooved, rabbeted, chamfered, v-jointed, beaded, 
molded, rounded, or the like) along any of its 
edges or faces, whether or not planed, sanded, 
or finger-jointed. 
‘‘(C) Other coniferous wood (including 
strips and friezes for parquet flooring, not as-
sembled) 
continuously 
shaped 
(tongued, 
grooved, rabbeted, chamfered, v-jointed, beaded, 
molded, rounded, or the like) along any of its 
edges or faces (other than wood moldings and 
wood dowel rods) whether or not planed, sand-
ed, or finger-jointed. 
‘‘(D) Coniferous wood flooring (including 
strips and friezes for parquet flooring, not as-
sembled) 
continuously 
shaped 
(tongued, 
grooved, rabbeted, chamfered, v-jointed, beaded, 
molded, rounded, or the like) along any of its 
edges or faces, whether or not planed, sanded, 
or finger-jointed. 
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‘‘(E) Coniferous drilled and notched lum-
ber and angle cut lumber. 
‘‘(2) PRODUCTS CONTINUALLY SHAPED.—Any 
product classified under subheading 4409.10.05 of 
the HTS that is continually shaped along its end or 
side edges. 
‘‘(3) OTHER
LUMBER
PRODUCTS.—Except as 
otherwise provided in subsection (b) or (c), softwood 
lumber products that are stringers, radius-cut box- 
spring frame components, fence pickets, truss com-
ponents, pallet components, and door and window 
frame 
parts 
classified 
under 
subheading 
4418.90.46.95, 4421.90.70.40, or 4421.90.97.40 of 
the HTS. 
‘‘(b) PRODUCTS EXCLUDED FROM PROGRAM.—The 
following products shall be excluded from the importer 
declaration program established under section 803: 
‘‘(1) Trusses and truss kits, properly classified 
under subheading 4418.90 of the HTS. 
‘‘(2) I-joist beams. 
‘‘(3) Assembled box-spring frames. 
‘‘(4) Pallets and pallet kits, properly classified 
under subheading 4415.20 of HTS. 
‘‘(5) Garage doors. 
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‘‘(6) Edge-glued wood, properly classified under 
subheading 4421.90.97.40 of the HTS. 
‘‘(7) Complete door frames. 
‘‘(8) Complete window frames. 
‘‘(9) Furniture. 
‘‘(10) Articles brought into the United States 
temporarily and for which an exemption from duty 
is claimed under subchapter XIII of chapter 98 of 
the HTS. 
‘‘(11) Household and personal effects. 
‘‘(c) EXCEPTIONS FOR CERTAIN PRODUCTS.—The 
following softwood lumber products shall not be subject 
to the importer declaration program established under sec-
tion 803: 
‘‘(1) STRINGERS.—Stringers (pallet components 
used for runners), if the stringers— 
‘‘(A) have at least 2 notches on the side, 
positioned at equal distance from the center, to 
properly accommodate forklift blades; and 
‘‘(B) are properly classified under sub-
heading 4421.90.97.40 of the HTS. 
‘‘(2) BOX-SPRING FRAME KITS.— 
‘‘(A) IN GENERAL.—Box-spring frame kits, 
if— 
‘‘(i) the kits contain— 
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‘‘(I) 2 wooden side rails; 
‘‘(II) 2 wooden end (or top) rails; 
and 
‘‘(III) varying numbers of wood-
en slats; and 
‘‘(ii) the side rails and the end rails 
are radius-cut at both ends. 
‘‘(B) PACKAGING.—Any kit described in 
subparagraph (A) shall be individually pack-
aged, and contain the exact number of wooden 
components needed to make the box-spring 
frame described on the entry documents, with 
no further processing required. None of the 
components contained in the package may ex-
ceed 1 inch in actual thickness or 83 inches in 
length. 
‘‘(3) RADIUS-CUT BOX-SPRING FRAME COMPO-
NENTS.—Radius-cut box-spring frame components, 
not exceeding 1 inch in actual thickness or 83 inches 
in length, ready for assembly without further proc-
essing, if radius cuts are present on both ends of the 
boards and are substantial cuts so as to completely 
round 1 corner. 
‘‘(4) FENCE PICKETS.—Fence pickets requiring 
no further processing and properly classified under 
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subheading 4421.90.70 of the HTS, 1 inch or less 
in actual thickness, up to 8 inches wide, and 6 feet 
or less in length, and having finials or decorative 
cuttings that clearly identify them as fence pickets. 
In the case of dog-eared fence pickets, the corners 
of the boards shall be cut off so as to remove pieces 
of wood in the shape of isosceles right angle tri-
angles with sides measuring 3⁄4 of an inch or more. 
‘‘(5) UNITED STATES-ORIGIN LUMBER.—Lum-
ber originating in the United States that is exported 
to another country for minor processing and im-
ported into the United States if— 
‘‘(A) the processing occurring in another 
country is limited to kiln drying, planing to cre-
ate smooth-to-size board, and sanding; and 
‘‘(B) the importer establishes to the satis-
faction of U.S. Customs and Border Protection 
upon entry that the lumber originated in the 
United States. 
‘‘(6) SOFTWOOD LUMBER.—Any softwood lum-
ber or softwood lumber product that originated in 
the United States, if the importer, exporter, foreign 
processor, or original United States producer estab-
lishes to the satisfaction of U.S. Customs and Bor-
der Protection upon entry that the softwood lumber 
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entered and documented as originating in the United 
States was first produced in the United States. 
‘‘(7) HOME PACKAGES OR KITS.— 
‘‘(A) IN
GENERAL.—Softwood lumber or 
softwood lumber products contained in a single 
family home package or kit, regardless of the 
classification under the HTS, if the importer 
declares that the following requirements have 
been met: 
‘‘(i) The package or kit constitutes a 
full package of the number of wooden 
pieces specified in the plan, design, or 
blueprint necessary to produce a home of 
at least 700 square feet produced to a 
specified plan, design, or blueprint. 
‘‘(ii) The package or kit contains— 
‘‘(I) all necessary internal and 
external doors and windows, nails, 
screws, 
glue, 
subfloor, 
sheathing, 
beams, posts, and connectors; and 
‘‘(II) if included in the purchase 
contract, the decking, trim, drywall, 
and roof shingles specified in the plan, 
design, or blueprint. 
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‘‘(iii) Prior to importation, the pack-
age or kit is sold to a United States re-
tailer that sells complete home packages or 
kits pursuant to a valid purchase contract 
referencing the particular home design, 
plan, or blueprint, and the contract is 
signed by a customer not affiliated with 
the importer. 
‘‘(iv) Softwood lumber products en-
tered as part of the package or kit, wheth-
er in a single entry or multiple entries on 
multiple days, are to be used solely for the 
construction of the single family home 
specified by the home design, plan, or blue-
print matching the U.S. Customs and Bor-
der Protection import entry. 
‘‘(B) ADDITIONAL
DOCUMENTATION
RE-
QUIRED FOR HOME PACKAGES AND KITS.—In 
the case of each entry of products described in 
clauses (i) through (iv) of subparagraph (A) the 
following documentation shall be retained by 
the importer and made available to U.S. Cus-
toms and Border Protection upon request: 
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‘‘(i) A copy of the appropriate home 
design, plan, or blueprint matching the 
customs entry in the United States. 
‘‘(ii) A purchase contract from a re-
tailer of home kits or packages signed by 
a customer not affiliated with the importer. 
‘‘(iii) A listing of all parts in the 
package or kit being entered into the 
United States that conforms to the home 
design, plan, or blueprint for which such 
parts are being imported. 
‘‘(iv) If a single contract involves mul-
tiple entries, an identification of all the 
items required to be listed under clause 
(iii) that are included in each individual 
shipment. 
‘‘(d) PRODUCTS COVERED.—For purposes of deter-
mining if a product is covered by the importer declaration 
program, the President shall be guided by the article de-
scriptions provided in this section. 
‘‘SEC. 805. EXPORT CHARGE DETERMINATION AND PUBLI-
CATION. 
‘‘(a) DETERMINATION.—The Under Secretary for 
International Trade of the Department of Commerce shall 
determine, on a monthly basis, any export charges (ex-
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pressed as a percentage of export price) to be collected 
by a country of export from exporters of softwood lumber 
or softwood lumber products described in section 804(a) 
in order to ensure compliance with any international 
agreement entered into by that country and the United 
States. 
‘‘(b) PUBLICATION.—The Under Secretary for Inter-
national Trade shall immediately publish any determina-
tion made under subsection (a) on the website of the Inter-
national Trade Administration of the Department of Com-
merce, and in any other manner the Under Secretary con-
siders appropriate. 
‘‘SEC. 806. RECONCILIATION. 
‘‘The Secretary of the Treasury shall conduct rec-
onciliations to ensure the proper implementation and oper-
ation of international agreements entered into between a 
country of export of softwood lumber or softwood lumber 
products described in section 804(a) and the United 
States. The Secretary of Treasury shall reconcile the fol-
lowing: 
‘‘(1) The export price declared by a United 
States importer pursuant to section 803(b)(1) with 
the export price reported to the United States by the 
country of export, if any. 
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tion, and examine such records, under section 509 of 
this Act, as the Secretary determines necessary to 
verify the declarations made pursuant to section 
803(c) are true and accurate. 
‘‘SEC. 808. PENALTIES. 
‘‘(a) IN GENERAL.—It shall be unlawful for any per-
son to import into the United States softwood lumber or 
softwood lumber products in knowing violation of this title. 
‘‘(b) CIVIL PENALTIES.—Any person who commits 
an unlawful act as set forth in subsection (a) shall be lia-
ble for a civil penalty not to exceed $10,000 for each 
knowing violation. 
‘‘(c) OTHER PENALTIES.—In addition to the pen-
alties provided for in subsection (b), any violation of this 
title that violates any other customs law of the United 
States shall be subject to any applicable civil and criminal 
penalty, including seizure and forfeiture, that may be im-
posed under such custom law or title 18, United States 
Code, with respect to the importation of softwood lumber 
and softwood lumber products described in section 804(a). 
‘‘(d) FACTORS TO CONSIDER IN ASSESSING PEN-
ALTIES.—In determining the amount of civil penalties to 
be assessed under this section, consideration shall be given 
to any history of prior violations of this title by the person, 
the ability of the person to pay the penalty, the seriousness 
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of the violation, and such other matters as fairness may 
require. 
‘‘(e) NOTICE.—No penalty may be assessed under 
this section against a person for violating a provision of 
this title unless the person is given notice and opportunity 
to make statements, both oral and written, with respect 
to such violation. 
‘‘(f) EXCEPTION.—Notwithstanding any other provi-
sion of this title, and without limitation, an importer shall 
not be found to have violated subsection 803(c) if— 
‘‘(1) the importer made an appropriate inquiry 
in accordance with section 803(c)(1) with respect to 
the declaration; 
‘‘(2) the importer produces records maintained 
pursuant to section 807(b) that substantiate the 
declaration; and 
‘‘(3) there is not substantial evidence indicating 
that the importer knew that the fact to which the 
importer made the declaration was false. 
‘‘SEC. 809. REPORTS. 
‘‘(a) SEMIANNUAL REPORTS.—Not later than 180 
days after the effective date of this title, and every 180 
days thereafter, the President shall submit to the appro-
priate congressional committees a report— 
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‘‘(1) describing the reconciliations conducted 
under section 806, and the verifications conducted 
under section 807; 
‘‘(2) identifying the manner in which the 
United States importers subject to reconciliations 
conducted under section 806 and verifications con-
ducted under section 807 were chosen; 
‘‘(3) identifying any penalties imposed under 
section 808; 
‘‘(4) identifying any patterns of noncompliance 
with this title; and 
‘‘(5) identifying any problems or obstacles en-
countered in the implementation and enforcement of 
this title. 
‘‘(b) SUBSIDIES REPORTS.—Not later than 180 days 
after the date of the enactment of this title, and every 
180 days thereafter, the Secretary of Commerce shall pro-
vide to the appropriate congressional committees a report 
on any subsidies on softwood lumber or softwood lumber 
products, including stumpage subsidies, provided by coun-
tries of export. 
‘‘(c) GAO REPORTS.—The Comptroller General of 
the United States shall submit the following reports to the 
appropriate congressional committees: 
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‘‘(1) Not later than 18 months after the date 
of the enactment of this title, a report on the effec-
tiveness of the reconciliations conducted under sec-
tion 806, and verifications conducted under section 
807. 
‘‘(2) Not later than 12 months after the date 
of the enactment of this title, a report on whether 
countries that export softwood lumber or softwood 
lumber products to the United States are complying 
with any international agreements entered into by 
those countries and the United States.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is 60 days 
after the date of the enactment of this Act. 
TITLE IV—NUTRITION 
Subtitle A—Food Stamp Program 
PART I—RENAMING OF FOOD STAMP ACT AND 
PROGRAM 
SEC. 4001. RENAMING OF FOOD STAMP ACT AND PROGRAM. 
(a) SHORT TITLE.—The first section of the Food 
Stamp Act of 1977 (7 U.S.C. 2011 note; Public Law 88– 
525) is amended by striking ‘‘Food Stamp Act of 1977’’ 
and inserting ‘‘Food and Nutrition Act of 2008’’. 
(b) PROGRAM.—The Food and Nutrition Act of 2008 
(7 U.S.C. 2011 et seq.) (as amended by subsection (a)) 
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is amended by striking ‘‘food stamp program’’ each place 
it appears and inserting ‘‘supplemental nutrition assist-
ance program’’. 
SEC. 4002. CONFORMING AMENDMENTS. 
(a) IN GENERAL.— 
(1) Section 4 of the Food and Nutrition Act of 
2008 (7 U.S.C. 2013) is amended in the section 
heading by striking ‘‘FOOD
STAMP
PROGRAM’’ 
and inserting ‘‘SUPPLEMENTAL NUTRITION AS-
SISTANCE PROGRAM’’. 
(2) Section 5(h)(2)(A) of the Food and Nutri-
tion Act of 2008 (7 U.S.C. 2014(h)(2)(A)) is 
amended by striking ‘‘Food Stamp Disaster Task 
Force’’ and inserting ‘‘Disaster Task Force’’. 
(3) Section 6 of the Food and Nutrition Act of 
2008 (7 U.S.C. 2015) is amended— 
(A) in subsection (d)(3), by striking ‘‘for 
food stamps’’; 
(B) in subsection (j), in the subsection 
heading, by striking ‘‘FOOD STAMP’’; and 
(C) in subsection (o)— 
(i) in paragraph (2), by striking ‘‘food 
stamp benefits’’ and inserting ‘‘supple-
mental nutrition assistance program bene-
fits’’; and 
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(ii) in paragraph (6)— 
(I) in subparagraph (A)— 
(aa) in clause (i), by striking 
‘‘food 
stamps’’ 
and 
inserting 
‘‘supplemental nutrition assist-
ance program benefits’’; and 
(bb) in clause (ii)— 
(AA) in the matter pre-
ceding 
subclause 
(I), 
by 
striking ‘‘a food stamp re-
cipient’’ and inserting ‘‘a 
member of a household that 
receives supplemental nutri-
tion assistance program ben-
efits’’; and 
(BB) by striking ‘‘food 
stamp benefits’’ each place 
it appears and inserting 
‘‘supplemental nutrition as-
sistance program benefits’’; 
and 
(II) in subparagraphs (D) and 
(E), by striking ‘‘food stamp recipi-
ents’’ each place it appears and in-
serting ‘‘members of households that 
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receive supplemental nutrition assist-
ance program benefits’’. 
(4) Section 7 of the Food and Nutrition Act of 
2008 (7 U.S.C. 2016) is amended— 
(A) in subsection (i)— 
(i) in paragraph (3)(B)(ii), by striking 
‘‘food stamp households’’ and inserting 
‘‘households receiving supplemental nutri-
tion assistance program benefits’’; and 
(ii) in paragraph (7), by striking 
‘‘food stamp issuance’’ and inserting ‘‘sup-
plemental nutrition assistance issuance’’; 
and 
(B) in subsection (k)— 
(i) in paragraph (2), by striking ‘‘food 
stamp benefits’’ and inserting ‘‘supple-
mental nutrition assistance program bene-
fits’’; and 
(ii) in paragraph (3), by striking 
‘‘food stamp retail’’ and inserting ‘‘retail’’. 
(5) Section 9(b)(1) of that Food and Nutrition 
Act of 2008 (7 U.S.C. 2018(b)(1)) is amended by 
striking ‘‘food stamp households’’ and inserting 
‘‘households that receive supplemental nutrition as-
sistance program benefits’’. 
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(6) Section 11 of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2020) is amended— 
(A) in subsection (e)— 
(i) by striking ‘‘food stamps’’ each 
place it appears and inserting ‘‘supple-
mental nutrition assistance program bene-
fits’’; 
(ii) by striking ‘‘food stamp offices’’ 
each place it appears and inserting ‘‘sup-
plemental nutrition assistance program of-
fices’’; 
(iii) by striking ‘‘food stamp office’’ 
each place it appears and inserting ‘‘sup-
plemental nutrition assistance program of-
fice’’; and 
(iv) in paragraph (25)— 
(I) in the matter preceding sub-
paragraph (A), by striking ‘‘Simplified 
Food Stamp Program’’ and inserting 
‘‘Simplified Supplemental Nutrition 
Assistance Program’’; and 
(II) in subparagraph (A), by 
striking ‘‘food stamp benefits’’ and in-
serting ‘‘supplemental nutrition assist-
ance program benefits’’; 
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(B) in subsection (k), by striking ‘‘may 
issue, upon request by the State agency, food 
stamps’’ and inserting ‘‘may provide, on request 
by the State agency, supplemental nutrition as-
sistance program benefits’’; 
(C) in subsection (l), by striking ‘‘food 
stamp participation’’ and inserting ‘‘supple-
mental nutrition assistance program participa-
tion’’; 
(D) in subsections (q) and (r), in the sub-
section headings, by striking ‘‘FOOD STAMPS’’ 
each place it appears and inserting ‘‘BENE-
FITS’’; 
(E) in subsection (s), by striking ‘‘food 
stamp benefits’’ each place it appears and in-
serting ‘‘supplemental nutrition assistance pro-
gram benefits’’; and 
(F) in subsection (t)(1)— 
(i) in subparagraph (A), by striking 
‘‘food stamp application’’ and inserting 
‘‘supplemental nutrition assistance pro-
gram application’’; and 
(ii) in subparagraph (B), by striking 
‘‘food stamp benefits’’ and inserting ‘‘sup-
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plemental nutrition assistance program 
benefits’’. 
(7) Section 14(b) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2023(b)) is amended by strik-
ing ‘‘food stamp’’. 
(8) Section 16 of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2025) is amended— 
(A) in subsection (a)(4), by striking ‘‘food 
stamp informational activities’’ and inserting 
‘‘informational activities relating to the supple-
mental nutrition assistance program’’; 
(B) in subsection (c)(9)(C), by striking 
‘‘food stamp caseload’’ and inserting ‘‘the case-
load under the supplemental nutrition assist-
ance program’’; and 
(C) in subsection (h)(1)(E)(i), by striking 
‘‘food stamp recipients’’ and inserting ‘‘mem-
bers of households receiving supplemental nutri-
tion assistance program benefits’’. 
(9) Section 17 of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2026) is amended— 
(A) in subsection (a)(2), by striking ‘‘food 
stamp benefits’’ each place it appears and in-
serting ‘‘supplemental nutrition assistance pro-
gram benefits’’; 
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(B) in subsection (b)— 
(i) in paragraph (1)— 
(I) in subparagraph (A), by strik-
ing ‘‘food stamp benefits’’ and insert-
ing ‘‘supplemental nutrition assistance 
program benefits’’; and 
(II) in subparagraph (B)— 
(aa) in clause (ii)(II), by 
striking ‘‘food stamp recipients’’ 
and inserting ‘‘supplemental nu-
trition assistance program recipi-
ents’’; 
(bb) in clause (iii)(I), by 
striking ‘‘the State’s food stamp 
households’’ and inserting ‘‘the 
number of households in the 
State receiving supplemental nu-
trition assistance program bene-
fits’’; and 
(cc) in clause (iv)(IV)(bb), 
by striking ‘‘food stamp deduc-
tions’’ and inserting ‘‘supple-
mental nutrition assistance pro-
gram deductions’’; 
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538 
(ii) in paragraph (2), by striking 
‘‘food stamp benefits’’ and inserting ‘‘sup-
plemental nutrition assistance program 
benefits’’; and 
(iii) in paragraph (3)— 
(I) in subparagraph (A), by strik-
ing ‘‘food stamp employment’’ and in-
serting ‘‘supplemental nutrition assist-
ance program employment’’; 
(II) in subparagraph (B), by 
striking ‘‘food stamp recipients’’ and 
inserting ‘‘supplemental nutrition as-
sistance program recipients’’; 
(III) in subparagraph (C), by 
striking ‘‘food stamps’’ and inserting 
‘‘supplemental 
nutrition 
assistance 
program benefits’’; and 
(IV) in subparagraph (D), by 
striking ‘‘food stamp benefits’’ and in-
serting ‘‘supplemental nutrition assist-
ance program benefits’’; 
(C) in subsection (c), by striking ‘‘food 
stamps’’ and inserting ‘‘supplemental nutrition 
assistance’’; 
(D) in subsection (d)— 
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539 
(i) in paragraph (1)(B), by striking 
‘‘food stamp benefits’’ and inserting ‘‘sup-
plemental nutrition assistance program 
benefits’’; 
(ii) in paragraph (2)— 
(I) in subparagraph (A), by strik-
ing ‘‘food stamp allotments’’ each 
place it appears and inserting ‘‘allot-
ments’’; and 
(II) in subparagraph (C)(ii), by 
striking ‘‘food stamp benefit’’ and in-
serting ‘‘supplemental nutrition assist-
ance program benefits’’; and 
(iii) in paragraph (3)(E), by striking 
‘‘food stamp benefits’’ and inserting ‘‘sup-
plemental nutrition assistance program 
benefits’’; 
(E) in subsections (e) and (f), by striking 
‘‘food stamp benefits’’ each place it appears and 
inserting ‘‘supplemental nutrition assistance 
program benefits’’; 
(F) in subsection (g), in the first sentence, 
by striking ‘‘receipt of food stamp’’ and insert-
ing ‘‘receipt of supplemental nutrition assist-
ance program’’; and 
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540 
(G) in subsection (j), by striking ‘‘food 
stamp agencies’’ and inserting ‘‘supplemental 
nutrition assistance program agencies’’. 
(10) Section 18(a)(3)(A)(ii) of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2027(a)(3)(A)(ii)) 
is amended by striking ‘‘food stamps’’ and inserting 
‘‘supplemental nutrition assistance program bene-
fits’’. 
(11) Section 22 of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2031) is amended— 
(A) in the section heading, by striking 
‘‘FOOD
STAMP
PORTION
OF
MINNESOTA 
FAMILY INVESTMENT PLAN’’ and inserting 
‘‘MINNESOTA
FAMILY
INVESTMENT 
PROJECT’’; 
(B) in subsections (b)(12) and (d)(3), by 
striking ‘‘the Food Stamp Act, as amended,’’ 
each place it appears and inserting ‘‘this Act’’; 
and 
(C) in subsection (g)(1), by striking ‘‘the 
Food Stamp Act of 1977 (7 U.S.C. 2011 et 
seq.)’’ and inserting ‘‘this Act’’. 
(12) Section 26 of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2035) is amended— 
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541 
(A) in the section heading, by striking 
‘‘SIMPLIFIED FOOD STAMP PROGRAM’’ and 
inserting ‘‘SIMPLIFIED SUPPLEMENTAL NU-
TRITION ASSISTANCE PROGRAM’’; and 
(B) in subsection (b), by striking ‘‘sim-
plified food stamp program’’ and inserting 
‘‘simplified supplemental nutrition assistance 
program’’. 
(b) CONFORMING CROSS-REFERENCES.— 
(1) IN GENERAL.—Each provision of law de-
scribed in paragraph (2) is amended (as applica-
ble)— 
(A) by striking ‘‘food stamp program’’ 
each place it appears and inserting ‘‘supple-
mental nutrition assistance program’’; 
(B) by striking ‘‘Food Stamp Act of 1977’’ 
each place it appears and inserting ‘‘Food and 
Nutrition Act of 2008’’; 
(C) by striking ‘‘Food Stamp Act’’ each 
place it appears and inserting ‘‘Food and Nutri-
tion Act of 2008’’; 
(D) by striking ‘‘food stamp’’ each place it 
appears and inserting ‘‘supplemental nutrition 
assistance program benefits’’; 
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(E) by striking ‘‘food stamps’’ each place 
it appears and inserting ‘‘supplemental nutri-
tion assistance program benefits’’; 
(F) in each applicable title, subtitle, chap-
ter, subchapter, and section heading, by strik-
ing ‘‘FOOD STAMP ACT’’ each place it appears 
and inserting ‘‘FOOD AND NUTRITION ACT 
OF 2008’’; 
(G) in each applicable subsection and ap-
propriations heading, by striking ‘‘FOOD STAMP 
ACT’’ each place it appears and inserting 
‘‘FOOD AND NUTRITION ACT OF 2008’’; 
(H) in each applicable heading other than 
a title, subtitle, chapter, subchapter, section, 
subsection, or appropriations heading, by strik-
ing ‘‘FOOD STAMP ACT’’ each place it appears 
and inserting ‘‘FOOD AND NUTRITION ACT 
OF 2008’’; 
(I) in each applicable title, subtitle, chap-
ter, subchapter, and section heading, by strik-
ing ‘‘FOOD STAMP PROGRAM’’ each place it 
appears and inserting ‘‘SUPPLEMENTAL NU-
TRITION ASSISTANCE PROGRAM’’; 
(J) in each applicable subsection and ap-
propriations heading, by striking ‘‘FOOD STAMP 
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602 
project that limits the use of benefits under this 
Act. 
‘‘(3) PROJECTS.—Pilot projects carried out 
under paragraph (1) may include projects to deter-
mine whether healthier food purchases by and 
healthier diets among households participating in 
the supplemental nutrition assistance program result 
from projects that— 
‘‘(A) increase the supplemental nutrition 
assistance purchasing power of the participating 
households by providing increased supplemental 
nutrition assistance program benefit allotments 
to the participating households; 
‘‘(B) increase access to farmers markets by 
participating households through the electronic 
redemption of supplemental nutrition assistance 
program benefits at farmers’ markets; 
‘‘(C) provide incentives to authorized sup-
plemental nutrition assistance program retailers 
to increase the availability of healthy foods to 
participating households; 
‘‘(D) subject authorized supplemental nu-
trition assistance program retailers to stricter 
retailer requirements with respect to carrying 
and stocking healthful foods; 
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672 
(4) in subsection (d)— 
(A) in paragraph (3)— 
(i) by inserting ‘‘and socially dis-
advantaged farmers or ranchers’’ after 
‘‘ranchers’’; and 
(ii) by striking ‘‘and’’ at the end; 
(B) in paragraph (4), by striking ‘‘and 
ranchers.’’ and inserting ‘‘ or ranchers or so-
cially disadvantaged farmers or ranchers; and’’; 
and 
(C) by adding at the end the following: 
‘‘(5) establish annual performance goals to pro-
mote the use of the down payment loan program and 
other joint financing arrangements as the preferred 
choice for direct real estate loans made by any lend-
er to a qualified beginning farmer or rancher or so-
cially disadvantaged farmer or rancher.’’; and 
(5) by adding at the end the following: 
‘‘(e) 
SOCIALLY
DISADVANTAGED
FARMER
OR 
RANCHER DEFINED.—In this section, the term ‘socially 
disadvantaged farmer or rancher’ has the meaning given 
that term in section 355(e)(2).’’. 
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