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of 1983 (7 U.S.C. 4504(e)(2)) is amended by striking 
‘‘2007’’ and inserting ‘‘2012’’. 
(b) DEFINITION
OF UNITED STATES
FOR PRO-
MOTION PROGRAM.—Section 111 of the Dairy Production 
Stabilization Act of 1983 (7 U.S.C. 4502) is amended— 
(1) by striking subsection (l) and inserting the 
following new subsection: 
‘‘(l) the term ‘United States’, when used in a geo-
graphical sense, means all of the States, the District of 
Columbia, and the Commonwealth of Puerto Rico;’’; and 
(2) in subsection (m), by striking ‘‘(as defined 
in subsection (l))’’. 
(c) DEFINITION OF UNITED STATES FOR RESEARCH 
PROGRAM.—Section 130 of the Dairy Production Sta-
bilization Act of 1983 (7 U.S.C. 4531)) is amended by 
striking paragraph (12) and inserting the following new 
paragraph: 
‘‘(12) the term ‘United States’, when used in a 
geographical sense, means all of the States, the Dis-
trict of Columbia, and the Commonwealth of Puerto 
Rico.’’. 
(d) REFUND OF ASSESSMENTS ON IMPORTED DAIRY 
PRODUCTS.—Section 113(g) of the Dairy Production Sta-
bilization Act of 1983 (7 U.S.C. 4504(g)) is amended by 
adding at the end the following:
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‘‘(7) REFUND OF ASSESSMENTS ON CERTAIN 
IMPORTED PRODUCTS.— 
‘‘(A) IN GENERAL.—An importer is enti-
tled to a refund of any assessment paid under 
this subsection on imported dairy products im-
ported under a contract entered into prior to 
July 26, 2007. 
‘‘(B) EXPIRATION.—Refunds under para-
graph (A) shall expire one year after the date 
of the enactment of the Farm, Nutrition, and 
Bioenergy Act of 2007.’’. 
SEC. 1408. REPORT ON DEPARTMENT OF AGRICULTURE RE-
PORTING PROCEDURES FOR NONFAT DRY 
MILK. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Agriculture shall submit 
to Congress a report regarding Department of Agriculture 
reporting procedures for nonfat dry milk and the impact 
of these procedures on Federal milk marketing order min-
imum prices during the period beginning on July 1, 2006, 
and ending on the date of the enactment of this Act. 
SEC. 1409. FEDERAL MILK MARKETING ORDER REVIEW 
COMMISSION. 
(a) ESTABLISHMENT.—Subject to the availability of 
appropriations to carry out this section, the Secretary of
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Agriculture shall establish a commission to be known as 
the ‘‘Federal Milk Marketing Order Review Commission’’, 
in this section referred to as the ‘‘commission’’, which 
shall conduct a comprehensive review and evaluation of— 
(1) the current Federal milk marketing order 
system; and 
(2) non-Federal milk marketing order systems. 
(b) ELEMENTS OF REVIEW AND EVALUATION.—As 
part of the review and evaluation under subsection (a), 
the commission shall consider legislative and regulatory 
options for— 
(1) ensuring that the competitiveness of dairy 
products with other competing products in the mar-
ketplace is preserved and enhanced; 
(2) enhancing the competitiveness of American 
dairy producers in world markets; 
(3) increasing the responsiveness of the Federal 
milk marketing order system to market forces; 
(4) streamlining and expediting the process by 
which amendments to Federal milk market orders 
are adopted; 
(5) simplifying the Federal milk marketing 
order system; 
(6) evaluating whether the Federal milk mar-
keting order system, established during the Great
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Depression, continues to serve the interests of the 
public, dairy processors, and dairy farmers; 
(7) evaluating whether Federal milk marketing 
orders are operating in a manner to minimize costs 
to taxpayers and consumers; and 
(8) evaluating the nutritional composition of 
milk, including the potential benefits and costs of 
adjusting the milk content standards. 
(c) MEMBERSHIP.— 
(1) COMPOSITION.—The commission shall con-
sist of 18 members. 
(2) MEMBERS.—As soon as practicable after 
the date on which funds are first made available to 
carry out this section, commission members shall be 
appointed as follows: 
(A) Two members appointed by the Chair-
man of the Committee on Agriculture of the 
House of Representatives, in consultation with 
the ranking member of the Committee on Agri-
culture of the House of Representatives. 
(B) Two members appointed by the Chair-
man of the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate, in consulta-
tion with the ranking member of the Committee
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on Agriculture, Nutrition and Forestry of the 
Senate. 
(C) Fourteen members appointed by the 
Secretary of Agriculture. 
(3) SPECIAL APPOINTMENT REQUIREMENTS.— 
In the case of the members to be appointed under 
paragraph (2)(C), the Secretary shall comply with 
the following requirements: 
(A) At least one member shall represent a 
national consumer organization. 
(B) At least four members shall represent 
land-grant universities or ASCARR institutions 
with accredited dairy economic programs, with 
two of these members being experts in the field 
of economics. 
(C) At least one member shall represent 
the food and beverage retail sector. 
(D) Four dairy producer and four dairy 
processors, appointed so as to balance geo-
graphical distribution of milk production and 
dairy processing, reflect all segments of dairy 
processing, and represent all regions of the 
United States equitably, including States that 
operate outside of a Federal milk marketing 
order.
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(4) CHAIR.—The commission shall elect one of 
its appointed members to serve as chairperson for 
the duration of the commission’s proceedings. 
(5) VACANCY.—Any vacancy occurring before 
the termination of the commission shall be filled in 
the same manner as the original appointment. 
(6) COMPENSATION.—Members of the commis-
sion shall serve without compensation, but shall be 
reimbursed by the Secretary of Agriculture from ex-
isting budget authority for necessary and reasonable 
expenses incurred in the performance of the duties 
of the commission. 
(d) REPORT.—Not later than two years after the date 
of the first meeting of the commission, the commission 
shall submit to the Secretary of Agriculture and Congress 
a report setting forth the results of the review and evalua-
tion conducted under this section, including such rec-
ommendations regarding the legislative and regulatory op-
tions considered under subsection (b) as the commission 
considers to be appropriate. The report findings shall re-
flect, to the extent practicable, a consensus opinion of the 
commission members, but the report may include majority 
and minority findings regarding those matters for which 
consensus was not reached.
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(e) ADVISORY NATURE.—The commission is wholly 
advisory in nature, and the recommendations of the com-
mission are non-binding. 
(f) NO EFFECT ON EXISTING PROGRAMS.—The Sec-
retary shall not allow the existence of the commission to 
impede, delay, or otherwise affect any decision making 
process of the Department of Agriculture, including any 
rulemaking procedures planned, proposed, or near comple-
tion. 
(g) ADMINISTRATIVE ASSISTANCE.—The Secretary 
shall provide administrative support to the commission, 
and expend such funds as necessary from existing budget 
authority to carry out this responsibility. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
(i) TERMINATION.—The commission shall terminate 
immediately after submission of the report under sub-
section (d). 
Subtitle E—Administration 
SEC. 1501. ADMINISTRATION GENERALLY. 
(a) USE OF COMMODITY CREDIT CORPORATION.— 
The Secretary shall use the funds, facilities, and authori-
ties of the Commodity Credit Corporation to carry out this 
title.
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(b) DETERMINATIONS
BY SECRETARY.—A deter-
mination made by the Secretary under this title shall be 
final and conclusive. 
(c) REGULATIONS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
and the Commodity Credit Corporation, as appro-
priate, shall promulgate such regulations as are nec-
essary to implement this title. 
(2) PROCEDURE.—The promulgation of the reg-
ulations and administration of this title shall be 
made without regard to— 
(A) chapter 35 of title 44, United States 
Code (commonly known as the ‘‘Paperwork Re-
duction Act’’); 
(B) the Statement of Policy of the Sec-
retary of Agriculture effective July 24, 1971 
(36 Fed. Reg. 13804), relating to notices of 
proposed rulemaking and public participation in 
rulemaking; and 
(C) the notice and comment provisions of 
section 553 of title 5, United States Code. 
(3) CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING.—In carrying out this subsection, the Sec-
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retary shall use the authority provided under section 
808 of title 5, United States Code. 
(d) ADJUSTMENT AUTHORITY RELATED TO TRADE 
AGREEMENTS COMPLIANCE.— 
(1) 
REQUIRED
DETERMINATION; 
ADJUST-
MENT.—If the Secretary determines that expendi-
tures under subtitles A through E that are subject 
to the total allowable domestic support levels under 
the Uruguay Round Agreements (as defined in sec-
tion 2 of the Uruguay Round Agreements Act (19 
U.S.C. 3501)), as in effect on the date of enactment 
of this Act, will exceed such allowable levels for any 
applicable reporting period, the Secretary shall, to 
the maximum extent practicable, make adjustments 
in the amount of such expenditures during that pe-
riod to ensure that such expenditures do not exceed 
such allowable levels. 
(2) CONGRESSIONAL
NOTIFICATION.—Before 
making any adjustment under paragraph (1), the 
Secretary shall submit to the Committee on Agri-
culture of the House of Representatives or the Com-
mittee on Agriculture, Nutrition, and Forestry of 
the Senate a report describing the determination 
made under that paragraph and the extent of the 
adjustment to be made.
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SEC. 1502. SUSPENSION OF PERMANENT PRICE SUPPORT 
AUTHORITY. 
(a) AGRICULTURAL ADJUSTMENT ACT OF 1938.— 
The following provisions of the Agricultural Adjustment 
Act of 1938 shall not be applicable to the 2008 through 
2012 crops of covered commodities, peanuts, and sugar 
and shall not be applicable to milk during the period be-
ginning on the date of enactment of this Act through De-
cember 31, 2012: 
(1) Parts II through V of subtitle B of title III 
(7 U.S.C. 1326 et seq.). 
(2) In the case of upland cotton, section 377 (7 
U.S.C. 1377). 
(3) Subtitle D of title III (7 U.S.C. 1379a et 
seq.). 
(4) Title IV (7 U.S.C. 1401 et seq.). 
(b) AGRICULTURAL ACT OF 1949.—The following 
provisions of the Agricultural Act of 1949 shall not be ap-
plicable to the 2008 through 2012 crops of covered com-
modities, peanuts, and sugar and shall not be applicable 
to milk during the period beginning on the date of enact-
ment of this Act and through December 31, 2012: 
(1) Section 101 (7 U.S.C. 1441). 
(2) Section 103(a) (7 U.S.C. 1444(a)). 
(3) Section 105 (7 U.S.C. 1444b). 
(4) Section 107 (7 U.S.C. 1445a).
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(5) Section 110 (7 U.S.C. 1445e). 
(6) Section 112 (7 U.S.C. 1445g). 
(7) Section 115 (7 U.S.C. 1445k). 
(8) Section 201 (7 U.S.C. 1446). 
(9) Title III (7 U.S.C. 1447 et seq.). 
(10) Title IV (7 U.S.C. 1421 et seq.), other 
than sections 404, 412, and 416 (7 U.S.C. 1424, 
1429, and 1431). 
(11) Title V (7 U.S.C. 1461 et seq.). 
(12) Title VI (7 U.S.C. 1471 et seq.). 
(c) SUSPENSION OF CERTAIN QUOTA PROVISIONS.— 
The joint resolution entitled ‘‘A joint resolution relating 
to corn and wheat marketing quotas under the Agricul-
tural Adjustment Act of 1938, as amended’’, approved 
May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be 
applicable to the crops of wheat planted for harvest in the 
calendar years 2008 through 2012. 
SEC. 1503. PAYMENT LIMITATIONS. 
(a) EXTENSION AND REVISION OF LIMITATIONS.— 
(1) EXTENSION.—Sections 1001 and 1001C(a) 
of the Food Security Act of 1985 (7 U.S.C. 1308, 
1308–3(a)) are amended by striking ‘‘Farm Security 
and Rural Investment Act of 2002’’ each place it ap-
pears (other than in subsection (d)(1) of section
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•HR 2419 EH1S 
1001 of such Act) and inserting ‘‘Farm, Nutrition, 
and Bioenergy Act of 2007’’. 
(2) COMBINATION OF LIMITS.—Section 1001 of 
the Food Security Act of 1985 (7 U.S.C. 1308) is 
amended by striking subsections (b) and (c) and in-
serting the following new subsections: 
‘‘(b) LIMITATION ON DIRECT AND COUNTER-CYCLI-
CAL PAYMENTS
FOR COVERED COMMODITIES (OTHER 
THAN PEANUTS).— 
‘‘(1) DIRECT PAYMENTS.—The total amount of 
direct payments received, directly or indirectly, by a 
person or any legal entity (except a joint venture or 
a general partnership) in any crop year under sub-
title A of title I of the Farm, Nutrition, and Bio-
energy Act of 2007 for 1 or more covered commod-
ities (except for peanuts) may not exceed $60,000. 
‘‘(2) 
COUNTER-CYCLICAL
PAYMENTS.—The 
total amount of counter-cyclical payments received, 
directly or indirectly, by a person or any legal entity 
(except a joint venture or a general partnership in 
any crop year under subtitle A of title I of the 
Farm, Nutrition, and Bioenergy Act of 2007 for one 
or more covered commodities (except for peanuts) 
may not exceed $65,000.