I 
110TH CONGRESS 
1ST SESSION H. R. 2401 
To provide for greater access and opportunities for socially disadvantaged 
farmers, to create incentives for research, conservation, and market via-
bility, to provide a healthy and just work environment for agricultural 
workers, to provide Americans with healthier food choices, to address 
hunger and poverty in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2007 
Mr. BACA (for himself, Mrs. NAPOLITANO, Mr. GUTIERREZ, Mr. SERRANO, 
Mr. GRIJALVA, Ms. SOLIS, Mr. REYES, Mr. ORTIZ, Ms. VELA´ZQUEZ, Mr. 
HINOJOSA, Mr. BECERRA, Mr. SIRES, Mr. FORTUN˜O, Mr. RODRIGUEZ, 
Mr. PASTOR, Mr. LINCOLN DIAZ-BALART of Florida, Mr. CUELLAR, Ms. 
ROYBAL-ALLARD, Mr. GONZALEZ, Mr. SALAZAR, and Ms. ROS- 
LEHTINEN) introduced the following bill; which was referred to the Com-
mittee on Agriculture, and in addition to the Committee on Education 
and Labor, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To provide for greater access and opportunities for socially 
disadvantaged farmers, to create incentives for research, 
conservation, and market viability, to provide a healthy 
and just work environment for agricultural workers, to 
provide Americans with healthier food choices, to address 
hunger and poverty in the United States, and for other 
purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Nutrition and Opportunities for the Underserved and 
Rural Incentives to Secure the Heartland Act of 2007’’ 
or the ‘‘NOURISH Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Findings. 
TITLE I—POLICY TO PROMOTE INVOLVEMENT OF SOCIALLY 
DISADVANTAGED FARMERS AND RANCHERS 
Sec. 101. Establishment. 
Sec. 102. Administration. 
Sec. 103. Eligibility. 
Sec. 104. Producer payment structure. 
Sec. 105. Technical assistance. 
Sec. 106. Duties of the Secretary. 
TITLE II—REVIEW OF PENDING FORECLOSURES 
Sec. 201. USDA Minority Producer Land Preservation Commission. 
Sec. 202. Requirement that foreclosure notices include information about the 
Commission. 
TITLE III—OUTREACH, TRANSPARENCY, AND ACCOUNTABILITY 
Sec. 301. Outreach, transparency, and accountability. 
Sec. 302. Improved data requirements. 
Sec. 303. Expansion of support for Hispanic-serving institutions. 
TITLE IV—FARM WORKER AND COMPETITIVENESS PROVISIONS 
Subtitle A—Pesticides 
Sec. 401. Pesticides. 
Subtitle B—Office of Farmworker Coordination 
Sec. 411. Office of Farmworker Coordination. 
Subtitle C—Major Disaster Assistance Programs 
Sec. 421. Emergency grants to assist low-income migrant and seasonal farm-
workers. 
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Subtitle D—Agricultural Fair Practices 
Sec. 431. Agricultural fair practices. 
Sec. 432. Application. 
TITLE V—CONSERVATION 
Sec. 501. Conservation access initiative to encourage greater participation by 
socially disadvantaged farmers and ranchers in conservation 
programs. 
Sec. 502. Other diversity provisions. 
Sec. 503. Conservation reserve program. 
Sec. 504. Reauthorization of and increased enrollment authority for grassland 
reserve program. 
Sec. 505. Environmental quality incentives program. 
Sec. 506. Reauthorization of and increased funding for wildlife habitat incentive 
program. 
Sec. 507. Integrated pest management initiative. 
Sec. 508. Value Added Funding and Technical Assistance. 
TITLE VI—HEALTHY FOOD CHOICES 
Sec. 601. Findings. 
Sec. 602. Reauthorization of and increased funding for community food project 
competitive grants. 
Sec. 603. Expansion of Fresh Fruit and Vegetable Program. 
Sec. 604. Authorization level for farm-to-cafeteria activities. 
Sec. 605. Extension of WIC farmers’ market nutrition program. 
Sec. 606. Senior farmers’ market nutrition program. 
Sec. 607. Farmers’ market promotion program. 
Sec. 608. Department of Defense and Department of Agriculture procurement 
of locally produced agricultural products. 
Sec. 609. Fruit and vegetable nutrition promotion program. 
Sec. 610. Use of ‘‘Dietary Guidelines for Americans’’ in special nutrition pro-
grams and school lunch programs. 
Sec. 611. Section 32 specialty crop purchases. 
Sec. 612. Administration of Food Stamp Program. 
TITLE VII—PROMOTION OF NEW MARKETS AND FARM VIABILITY 
Sec. 701. National organic certification and transition cost share program. 
TITLE VIII—RURAL REGIONAL INVESTMENT INITIATIVE 
Sec. 801. Rural regional investment initiative. 
Sec. 802. Rural regional entrepreneurship program. 
TITLE IX—NUTRITION 
Sec. 901. Renaming the Food Stamp Program. 
Subtitle A—Improving Benefit Adequacy 
Sec. 911. Strengthening the food purchasing power of low-income Americans. 
Sec. 912. Supporting working families with child care expenses. 
Sec. 913. Exclusion of combat-related military pay from countable income. 
Sec. 914. Increasing the minimum benefit. 
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Subtitle B—Improving Food Security and Simplifying Program Operations 
Sec. 921. Allowable countable resources. 
Sec. 922. Exclusion of retirement accounts from countable financial resources. 
Sec. 923. Exclusion of education accounts from countable financial resources. 
Sec. 924. Simplifying work requirement. 
Sec. 925. Fairness for legal immigrants. 
Sec. 926. Clarifying eligibility. 
Sec. 927. Ensuring proper screening. 
Sec. 928. Clarification of simplified administrative reporting requirement. 
Subtitle C—Connecting Eligible Families and Individuals to Food Stamps 
Sec. 931. Facilitating simplified reporting. 
Sec. 932. State option for telephonic signature. 
Sec. 933. Reauthorization of Food Stamp Program and food distribution pro-
gram on Indian reservations. 
Sec. 934. Access to benefits. 
Sec. 935. Outreach grants. 
Sec. 936. Improving program operations and program effectiveness. 
Sec. 937. Improving performance bonuses for States. 
Sec. 938. Supporting State efforts during natural disasters. 
Sec. 939. Addressing hunger in the Commonwealth of Puerto Rico. 
Sec. 940. Study on comparable access to food stamp benefits for Puerto Rico. 
Sec. 941. Expanding the use of food stamps at farmers’ markets. 
Subtitle D—Supporting the Emergency Food Bank Network and Other 
Community Partners 
Sec. 951. Commodities for the emergency food assistance program. 
Sec. 952. Accountable program administration. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Latinos are the fasting growing population 
of new farmers, increasing by over 40,000 from 
1992–2002. They run diversified operations largely 
producing cattle, fresh fruit and vegetables and 
other diverse products that are not covered by Fed-
eral agricultural programs. As a result, approxi-
mately 90 percent of Latino farmers and ranchers 
do not benefit from the commodity program pay-
ments, which consume half of all farm spending. 
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These and other immigrant farmers represent the 
future of American Agriculture and with support 
can meet the growing demand from consumers for 
local and ethnic specialty crops, and protect fertile 
farmland from sprawling urban development. 
(2) The loss of farmers and farmland for small 
and mid-sized farmers farming along the urban 
edge, especially Latino and other socially disadvan-
taged farmers, who have experienced a long history 
of discrimination, is a growing threat to the future 
of American agriculture. Farms provide valuable en-
vironmental benefits to our urban communities by 
preserving open space and the quality of our air and 
water and protecting wild life habitat. The 2007 
Farm Bill should ensure that small and mid-sized 
producers, particularly Latino and other socially dis-
advantaged producers, have access to farmland pro-
tection, conservation, research and other programs 
that ensure their viability, while providing incentives 
and support for beginning farmers. 
(3) The Nation’s 2.5 million migrant and sea-
sonal farm workers produce the food found on the 
dinner tables of all Americans. Despite these con-
tributions, farm workers suffer from the highest rate 
of toxic chemical injuries of any workers in the 
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United States and earn only $10,000 to $12,500 per 
year, working long hours under strenuous condi-
tions. Thirteen states do not require farm workers to 
be covered by workers’ compensation coverage for 
on-the-job injuries and only eight percent of farm 
workers reported that their employers provided them 
with any health insurance. Many farm workers also 
face substandard housing conditions due to high 
cost, physical deficiencies or over crowding. The 
2007 Farm Bill should improve farm worker safety 
and health, particularly as it relates to toxic pes-
ticides and expanded research on farm worker health 
and safety. 
(4) Current Federal farm policies also do too 
little to promote outreach and to serve Latino farm-
ers and operators. Barriers include a failure to pro-
vide service that is linguistically and culturally ap-
propriate, a failure to recognize farm experience 
gained through work as a farm worker or as a farm-
er in their nation of origin. 
(5) As a growing sector within agriculture, 
Latino and other socially disadvantaged farmers 
need new programs to help them catch up with other 
farmers who have had access to more benefits and 
services, as well as policies and programs that will 
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hold United States Department of Agriculture ac-
countable for provided equitable access to programs. 
(6) A major problem facing low-income commu-
nities and communities of color across the United 
States is lack of access to fresh fruits and vegetables 
and other healthy foods. Whether in their retail 
shops or school cafeterias’, many Americans lack op-
portunities to make healthy food choices-contributing 
to alarming increases in rates of obesity and diet re-
lated disease. If current trends continue, one in 
three Caucasian children, and one in two African 
American and Latino children in America will have 
diabetes by the time they are eighteen. The 2007 
Farm Bill should help reverse the alarming trends of 
poor health and failing farms by linking the food ac-
cess needs of consumers with the needs of specialty 
crop producers, through innovative nutrition, mar-
keting and distribution programs. 
(7) With hunger and food insecurity on the rise 
we must strengthen the safety-net for food insecure 
families. According to the United States Department 
of Agriculture, 38 million people in America live 
with hunger or the threat of hunger, including 14 
million children. Yet at the same time, a large per-
centage of eligible families do not participate in the 
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Food Stamp Program. The Farm Bill must include 
a strong nutrition title that helps families in need 
put food on the table. 
TITLE I—POLICY TO PROMOTE 
INVOLVEMENT OF SOCIALLY 
DISADVANTAGED 
FARMERS 
AND RANCHERS 
SEC. 101. ESTABLISHMENT. 
(a) ESTABLISHMENT.—The Secretary of Agriculture 
shall establish and carryout, for each of fiscal years 2008 
through 2013, a program to enhance the viability of mi-
nority and socially disadvantaged farmer and ranchers 
who own or operate agricultural operations by assisting 
such farmer and ranchers to reduce their risks, improve 
their access to markets, and better utilize the programs 
and services of the Department of Agriculture. 
(b) IMPROVED ACCESS.—One of the purposes of the 
program shall be to ensure the viability and success of mi-
nority and socially disadvantaged farmers and ranchers by 
promoting the involvement of socially disadvantaged farm-
ers and ranchers in the full range of services to ensure 
producer access to commodity, credit, risk management 
and disaster protection, conservation, marketing, nutri-
tion, value-added, rural development, and other programs 
and services of the Department. 
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(c) ACCURATE REFLECTION OF CONTRIBUTIONS.— 
Another of the purposes of the program shall be to assure 
that the number and economic contributions of socially 
disadvantaged farmers and ranchers are accurately re-
flected in the census of agriculture. 
SEC. 102. ADMINISTRATION. 
In order to implement the policies and programs es-
tablished or modified under this title, the Secretary shall 
use the Risk Management Agency Office of Civil Rights 
and Community Outreach. 
SEC. 103. ELIGIBILITY. 
(a) IN GENERAL.—To be eligible to participate in 
programs made available under this title, a producer 
shall— 
(1) be a socially disadvantaged farmer or ranch-
er; 
(2) be a producer who, as an owner, operator, 
landlord, tenant, sharecropper or enrolled member of 
an Indian tribe— 
(A) shares in the risk of producing any 
crop or livestock; and 
(B) is entitled to share in the crop or live-
stock available for marketing from a farm (or 
would have shared had the crop or livestock 
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been produced) or produces more than 50 per-
cent of the food needed for family consumption; 
(3) submit to the Secretary, and obtain the ap-
proval of the Secretary for, a risk management and 
market access plan that meets the minimum require-
ments in section 104; and 
(4) enter into a risk management and marker 
access contract with the Secretary to carry out the 
risk management and market access plan. 
(b) DEFINITIONS.—In this title: 
(1) SOCIALLY DISADVANTAGED.—The term ‘‘so-
cially disadvantaged’’ means, with respect to a farm-
er or rancher, that the farmer or rancher is a mem-
ber of a socially disadvataged group. 
(2) SOCIALLY
DISADVANTAGED
GROUP
DE-
FINED.—The term ‘‘socially disadvantaged group’’ 
means a group whose members have been subjected 
to racial or ethnic prejudice because of their identity 
as members of a group without regard to their indi-
vidual qualities. 
SEC. 104. PRODUCER PAYMENT STRUCTURE. 
(a) PRODUCER
DEVELOPMENT
PAYMENTS.—The 
Secretary is authorized to provide direct payments to the 
producers defined under section 103 if risk management 
and market access plans are implemented within any fiscal 
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year pursuant to a plan developed in a fiscal year prior 
to payment by the Secretary. 
(b) ENROLLMENT PROCEDURE.—To enroll in this 
program, an eligible producer must— 
(1) complete and maintain the practices in the 
qualification level in subsection (c)(1)(A); 
(2) describe the tier of the risk management 
and market access plan, and the particular risk 
management and market access practices to be im-
plemented in accordance with this subsection; and 
(3) identify the qualified technical assistance 
provider who will serve as a liaison to the Depart-
ment and supply technical assistance to assure com-
pletion of the plan. 
(c) PAYMENT STRUCTURE.—The Secretary shall 
make annual producer payments under this title for par-
ticipation at 1 of the following levels for a period not to 
exceed a total of 7 years, as follows: 
(1) QUALIFICATION LEVEL.—The qualification 
level payment shall be $5,000 with $2,500 paid up 
front if, within the first year, the producer— 
(A) files an IRS schedule F or a qualified 
substitute for enrolled members of Indian 
Tribes; 
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(B) registers at the Farm Service Agency 
office as a farm or rancher, or informs the Sec-
retary the reason for which registration was not 
allowed; 
(C) signs up for any crop insurance or 
NAP programs for which the producer is quali-
fied, or provides a plan to achieve qualification 
or inform the Secretary if no plan or program 
exists for the form of production on the farm 
or ranch; and 
(D) receives technical assistance to be in-
cluded in the Minority Farm Registry and com-
plete the next Census of Agriculture. 
The Secretary shall provide to the National Agri-
culture Statistics Service information sufficient for 
inclusion of each producer who qualifies under this 
section in the next census of agriculture. 
(2) FIRST TIER PAYMENTS.—First Tier pay-
ments shall be $10,000 annually for up to 3 years 
if the producer provides, develops, and implements a 
plan to complete at least two of following practices 
in each year: 
(A) prepares a farm and home plan; 
(B) prepares an estate plan; 
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(C) prepares risk management plan, in-
cluding accessing family health insurance; 
(D) prepares a conservation plan; 
(E) enters into a contract for purchase or 
sale of farm land; 
(F) acquires a computer, high-speed inter-
net access, and software, and training in the 
use of these tools; 
(G) prepares a plan to transition to an-
other crop or crops; 
(H) applies for at least one farm program 
of the Department; or 
(I) other practices as determined by the 
Secretary. 
(3) SECOND
TIER
PAYMENTS.—Second Tier 
payments shall be $25,000 annually for up to 3 
years if the producer develops and implements a 
plan to complete at least 2 of the following practices 
in each year: 
(A) mentor another farmer; 
(B) seek nomination and election to a Con-
servation District Board or FSA County Com-
mittee; 
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(C) meet standards for Good Agricultural 
Practices, Organic Certification, or other mar-
ket certifications; 
(D) develop and implement a marketing 
plan or a business plan; 
(E) access liability or other expanded in-
surance, including revenue insurance; 
(F) access farmers markets or improved 
marketing contracts; 
(G) participate in farmers market nutri-
tion, school food or other nutrition programs; 
(H) develop and implement plan to meet 
regulatory requirements, including labor, work-
ers compensation, and pesticide health and 
safety standards, livestock and animal ID; 
(I) seek irrigation and other production as-
sistance, land or waste management; or 
(J) other practices as determined by the 
Secretary. 
(4) THIRD TIER PAYMENTS.—Third Tier pay-
ments shall be $45,000 annually for up to 3 years 
if the producer develops and implements a plan to 
complete at least 2 of the following practices in each 
year: 
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(A) develop or participate in a cooperative 
or marketing association; 
(B) develop a value-added enterprise; 
(C) improve marketing, including develop-
ment of brands and innovative forms of mar-
keting by web or other means; 
(D) develop intrastructure or processing; 
(E) enhance the participation of a coopera-
tive or a group of farmers in nutrition and 
health programs; 
(F) construct or improve housing for farm-
workers; 
(G) enter into direct contracts to secure 
adequate labor to meet production needs; 
(H) protect land use and development 
rights; or 
(I) other practices as determined by the 
Secretary. 
SEC. 105. TECHNICAL ASSISTANCE. 
(a) IN GENERAL.—For each of fiscal years 2008 
through 2013, the Secretary shall provide technical assist-
ance through qualified technical assistance providers to 
producers for the development and implementation of a 
risk management and market access plans at each tier. 
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(b) TECHNICAL ASSISTANCE PROVIDER.—In this 
section, the term ‘‘technical assistance provider’’ is an or-
ganization or educational institutions that qualifies as an 
eligible entity under section 2501(e)(5) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 
2279(e)(5)). 
(c) 
QUALIFIED
TECHNICAL
ASSISTANCE
PRO-
VIDER.—In this section, the term ‘‘qualified technical as-
sistance provider’’ means a technical assistance provider 
that has been recognized by the Risk Management Agency 
as qualified to provide the service in this program. The 
term shall include the following: 
(1) An 1890 institution or 1994 institution (as 
defined in section 2 of the Agricultural Research, 
Extension, and Education Reform Act of 1998 (7 
U.S.C. 7601)), including West Virginia State Col-
lege. 
(2) An Indian tribal community college or an 
Alaska Native cooperative college. 
(3) An Hispanic-serving institution (as defined 
in section 1404 of the National Agricultural Re-
search, Extension, and Teaching Policy Act of 1977 
(7 U.S.C. 3103)). 
(4) Any other institution of higher education 
(as defined in section 101 of the Higher Education 
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Act of 1965 (20 U.S.C. 1001) that has dem-
onstrated experience in providing agriculture edu-
cation or other agriculturally related services to so-
cially disadvantaged farmers or ranchers in a region. 
(d) LIMITATIONS.—A qualified technical service pro-
vider shall not receive payment for services in excess of— 
(1) $2,000, for services under section 104(c)(1); 
(2) $3,000, for services under section 104(c)(2); 
(3) $4,000, for services under section 104(c)(3); 
or 
(4) $5,000, for services under section 104(c)(4). 
SEC. 106. DUTIES OF THE SECRETARY. 
(a) REGULATIONS.—Not later than 270 days after 
the date of enactment of this Act, the Secretary of Agri-
culture shall promulgate regulations implementing the 
program provided in this title. 
(b) STAFFING
AND ADMINISTRATION.—The Sec-
retary shall provide in the Risk Management Office of 
Civil Rights and Community Outreach not less than 10 
staff positions at headquarters, and such field staff for 
the Office as the Secretary deems necessary to implement 
this program in States where the number of applicants 
exceeds 500, to conduct the administration of the program 
provided in this title. 
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(c) DEPARTMENTAL COORDINATION.—The Secretary 
shall provide support for the Small Farms Emphasis Pro-
gram established in the Department of Agriculture to 
work across agencies in the Department to assure coordi-
nation of services among agencies for socially disadvan-
taged farmers and ranchers under the program provided 
under this title, and in partnership with qualified technical 
assistance providers, to provide such coordination and 
training activities as necessary. 
(d) FUNDING.—Of the funds of the Commodity Cred-
it Corporation, the Secretary shall make available such 
sums as are necessary to carry out this title for each of 
fiscal years 2008 through 2013. 
TITLE II—REVIEW OF PENDING 
FORECLOSURES 
SEC. 201. USDA MINORITY PRODUCER LAND PRESERVA-
TION COMMISSION. 
(a) IN GENERAL.—The Secretary of Agriculture (in 
this section referred to as the ‘‘Secretary’’) shall establish 
in the Department of Agriculture a commission to be 
known as the ‘‘USDA Minority Producer Land Preserva-
tion Commission’’ (in this section referred to as the ‘‘Com-
mission’’). 
(b) DUTIES.— 
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(1) REVIEW OF PENDING FORECLOSURE PRO-
CEEDINGS
OF
THE
DEPARTMENT
OF
AGRI-
CULTURE.— 
(A) ACTIONS TO BE TAKEN ON RECEIPT 
OF PETITION.—On receipt of a petition from a 
socially disadvantaged farmer or rancher (as 
defined in section 355(e)(2) of the Consolidated 
Farm and Rural Development Act) with respect 
to a foreclosure action of the Department of 
Agriculture that is pending with respect to a 
farm or ranch owned or operated by the peti-
tioner— 
(i) the Commission shall— 
(I) commence an investigation of 
the claims made in the petition; and 
(II) notify the Secretary that the 
Commission has received the petition; 
and 
(ii) the foreclosure action shall be sus-
pended, and interest shall not be payable 
on any credit obligation of the petitioner 
which is the subject of the foreclosure ac-
tion, until the earliest of— 
(I) the date the petitioner sub-
mits to the Commission a written re-
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quest to consider the petition to be 
withdrawn; 
(II) the date the Commission de-
termines that the claims made in the 
petition are without foundation or 
that there has been no wrongdoing by 
any governmental entity in the cir-
cumstances which gave rise to, or the 
conduct of, the action; 
(III) the date the claims made in 
the petition have been fully and finally 
adjudicated in a court of competent 
jurisdiction; 
(IV) the date the Commission 
submits a final report to the Secretary 
under subparagraph (C)(ii) with re-
spect to the petition; or 
(V) the date the Commission ter-
minates. 
(B) MATTERS TO BE INVESTIGATED; REC-
OMMENDATIONS.—In investigating a petition, 
the Commission shall— 
(i) determine whether (and if so, the 
extent to which) conduct of the Federal 
Government, or any State or local govern-
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ment, contributed to the conditions leading 
to the foreclosure action; 
(ii) determine whether the foreclosure 
action is being conducted in accordance 
with applicable laws and regulations; and 
(iii) on the basis of the determina-
tions, develop such recommendations as 
may be necessary and appropriate with re-
spect to the petition. 
(C) REPORTS TO THE SECRETARY.— 
(i) PRELIMINARY
REPORT.—Within 
60 (or, if the Commission needs more time, 
90) days after receipt of a petition, the 
Commission shall submit to the Secretary 
a report which contains the preliminary de-
terminations and recommendations of the 
Commission with respect to the petition. 
(ii) FINAL REPORT.—When the Com-
mission completes its investigation of a pe-
tition, the Commission shall submit to the 
Secretary a report which contains the final 
determinations and recommendations of 
the Commission with respect to the peti-
tion. 
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(D) FORECLOSURE ACTION DEFINED.—In 
this paragraph, the term ‘‘foreclosure action’’ 
means any action or proceeding in the nature of 
foreclosure or acceleration of a credit obligation, 
and any similar action or proceeding. 
(2) ANNUAL
REPORTS
TO
THE
CONGRESS.— 
The Commission shall submit annually to the Com-
mittees on Agriculture and on Government Reform 
of the House of Representatives and the Committees 
on Agriculture, Nutrition, and Forestry and on 
Homeland Security and Government Affairs of the 
Senate a report that contains— 
(A) a summary of the reports submitted 
under paragraph (1)(C)(ii) in the period cov-
ered by the report; and 
(B) such legislative and administrative rec-
ommendations as may be necessary and appro-
priate to improve the credibility, accuracy, and 
fairness of the process for foreclosing or taking 
other similar action on loans made by the De-
partment of Agriculture. 
(c) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.— 
(A) IN GENERAL.—Within 180 days after 
the date of the enactment of this Act, the Sec-
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retary shall appoint 9 individuals to be the 
members of the Commission, as follows: 
(i) 3 members shall be appointed from 
among those who represent the interests of 
community-based organizations. 
(ii) 3 members shall be appointed 
from among those who represent the inter-
ests of land grant colleges and universities. 
(iii) 3 members shall be appointed 
from among those who represent the inter-
ests of local governments located in rural 
areas. 
(B) GEOGRAPHICAL DIVERSITY.—In mak-
ing appointments to the Commission, the Sec-
retary shall, to the extent practicable, ensure 
geographical diversity. 
(C) POLITICAL
AFFILIATION.—Not more 
than 4 members appointed to the Commission 
may be of the same political party. 
(2) TERM OF OFFICE.— 
(A) LENGTH OF TERM.— 
(i) IN
GENERAL.—Each Commission 
member shall be appointed for a term of 3 
years, subject to clause (ii). 
(ii) DISMISSAL.— 
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(I) CONFLICT
OF
INTEREST.— 
The term of office of a Commission 
member shall cease on a determina-
tion by the Secretary that continued 
service by the member would pose an 
unavoidable conflict of interest for the 
member. 
(II) 3 MISSED MEETINGS.—The 
term of office of a Commission mem-
ber shall cease when the member has 
been absent from 3 Commission meet-
ings, without being excused by the 
Secretary from attendance. 
(B) LIMITATION ON NUMBER OF TERMS.— 
The Secretary may not appoint an individual to 
be a Commission member more than twice. 
(C) VACANCIES.—A vacancy in the Com-
mission shall be filled in the manner in which 
the original appointment was made. 
(3) COMPENSATION.—To the extent or in the 
amounts provided in advance in appropriation Acts, 
each Commission member shall be paid at a rate 
equal to the minimum rate of basic pay for GS–14 
of the General Schedule for each day (including 
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travel time) during which they are engaged in the 
actual performance of Commission duties. 
(d) POWERS OF COMMISSION.— 
(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this sec-
tion, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commis-
sion considers appropriate. The Commission may ad-
minister oaths or affirmations to witnesses appear-
ing before the Commission. 
(2) OBTAINING OFFICIAL DATA.—The Commis-
sion may secure directly from any department or 
agency of the United States information necessary 
to enable the Commission to carry out this section. 
On request of the Chairperson of the Commission, 
the head of that department or agency shall furnish 
that information to the Commission. 
(3) EXPERTS AND CONSULTANTS.—The Chair-
person of the Commission may procure temporary 
and intermittent services under section 3109(b) of 
title 5, United States Code. 
(4) STAFF
OF
FEDERAL
AGENCIES.—On re-
quest of the Chairperson of the Commission, the 
head of any Federal department or agency may de-
tail, on a reimbursable basis, any of the personnel 
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of that department or agency to the Commission to 
assist the Commission in carrying out this section. 
(5) ADMINISTRATIVE SUPPORT SERVICES.—On 
request of the Chairman of the Commission, the Ad-
ministrator of General Services shall provide to the 
Commission, on a reimbursable basis, the adminis-
trative support services necessary for the Commis-
sion to carry out this section. 
(6) MAILS.—The Commission may use the 
United States mails in the same manner and under 
the same conditions as other departments and agen-
cies of the United States. 
(e) PROCEDURAL RULES.— 
(1) CHAIRPERSON.—The Chairperson of the 
Commission shall be designated by the Secretary at 
the time of appointment. 
(2) MEETINGS.— 
(A) HOW CALLED.—The Commission shall 
meet at the call of the Chairperson. 
(B) FREQUENCY.—While there is a case 
pending before the Commision, the Commission 
shall meet at regular intervals not less fre-
quently than 10 times every 12 months. 
(C) ADVANCE NOTICE.—Not less than 7 
days before a Commission meeting, the Com-
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mission shall cause to have published in a local 
newspaper of record the location and time of 
the meeting. 
(D) PUBLIC
MEETINGS.—Each Commis-
sion meeting shall be open to members of the 
public. 
(E) QUORUM.—5 members of the Commis-
sion shall constitute a quorum but a lesser 
number may hold hearings. 
(3) RECORDS.—The Commission shall create 
and maintain a record of each Commission meeting, 
and shall make the record available for public in-
spection. 
(f) TERMINATION.—The Commission shall terminate 
9 years after the date of the enactment of this Act. Section 
14(a)(2)(B) of the Federal Advisory Committee Act (5 
U.S.C. App.; relating to the termination of advisory com-
mittees) shall not apply to the Commission. 
(g) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out this 
section. 
(h) EFFECTIVE DATE.—This section shall be effec-
tive October 1, 2007. 
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SEC. 202. REQUIREMENT THAT FORECLOSURE NOTICES IN-
CLUDE INFORMATION ABOUT THE COMMIS-
SION. 
The Secretary of Agriculture shall include in any no-
tice transmitted to a socially disadvantaged farmer or 
rancher (as defined in section 355(e)(2) of the Consoli-
dated Farm and Rural Development Act) of any fore-
closure action (as defined in section 201(b)(1)(D) of this 
Act) of the Department of Agriculture with respect to a 
farm or ranch owned or operated by the farmer or rancher 
information about the USDA Minority Producer Land 
Preservation Commission established under section 201 of 
this Act, including how to submit a petition to the Com-
mission. 
TITLE 
III—OUTREACH, 
TRANS-
PARENCY, 
AND 
ACCOUNT-
ABILITY 
SEC. 301. OUTREACH, TRANSPARENCY, AND ACCOUNT-
ABILITY. 
Section 2501 of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 2279(e)) is amended— 
(1) in subsection (a)— 
(A) by striking pargraph (2) and inserting 
the following: 
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‘‘(2) REQUIREMENTS.—The outreach and tech-
nical assistance program under paragraph (1) shall 
be used exclusively to— 
‘‘(A) enhance coordination of the outreach, 
technical assistance, and education efforts au-
thorized under various agriculture programs; 
and 
‘‘(B) assist the Secretary in— 
‘‘(i) reaching socially disadvantaged 
farmers and ranchers and prospective so-
cially disadvantaged farmers and ranchers 
in a culturally and linguistically appro-
priate manner; 
‘‘(ii) improving the participation of 
these farmers in Department programs 
(computed in accordance with section 
2501A(c)); and 
‘‘(iii) calling the attention of the Sec-
retary to gaps in programs and service de-
livery that have impeded the participation 
of socially disadvantaged farmers and 
ranchers or prospective socially disadvan-
taged farmers and ranchers.’’; and 
(B) in paragraph (3)— 
(i) in subparagraph (A)— 
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(I) by striking ‘‘may’’ and insert-
ing ‘‘shall’’; 
(II) by inserting ‘‘who meets the 
requirements of paragraph (2)’’ after 
‘‘entity’’; and 
(III) by striking ‘‘information’’ 
and inserting ‘‘outreach’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(D) The Secretary shall provide auto-
matic multi-year renewal of grants, contracts, 
and other agreements with an organization that 
received funding under this section before Jan-
uary 1, 1993, that continues to fulfill the re-
quirements as an eligible entity.’’; 
(2) in subsection (a)(4)— 
(A) in subparagraph (A), by striking 
‘‘$25,000,000 for each of fiscal years 2002 
through 2007’’ and inserting ‘‘$100,000,000 
for each of fiscal years 2008 through 2012’’; 
and 
(B) by adding at the end the following: 
‘‘(C) LIMITATION ON USE OF FUNDS FOR 
ADMINISTRATIVE EXPENSES.—Not more than 5 
percent of the amounts made available under 
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this paragraph for a fiscal year may be used for 
expenses of administering the program under 
this section.’’; 
(3) in subsection (b)(1), by striking ‘‘State co-
operative extension services’’ and inserting ‘‘Natural 
Resource Conservation Service’’; and 
(4) in subsection (e)(5)(A)— 
(A) in clause (i), by inserting ‘‘represents 
and’’ before ‘‘has demonstrated’’; 
(B) in clause (ii)— 
(i) by inserting ‘‘and on behalf of’’ be-
fore ‘‘socially’’; 
(ii) by striking ‘‘2-year’’ and inserting 
‘‘5-year’’; and 
(iii) by striking ‘‘and’’ at the end; and 
(C) by redesignating clause (iii) as clause 
(iv) and insertign after clause (ii) the following: 
‘‘(iii) has a legitimate address and of-
fice, and a verifiable client or membership 
list; and’’. 
SEC. 302. IMPROVED DATA REQUIREMENTS. 
Section 2501A of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 2279–1) is amend-
ed by striking subsection (c) and inserting the following: 
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‘‘(c) COMPILATION
OF PROGRAM PARTICIPATION 
DATA.— 
‘‘(1) ANNUAL REQUIREMENT.—For each county 
and State in the United States, the Secretary of Ag-
riculture shall compile annually program participa-
tion rate data regarding socially disadvantaged 
farmers and ranchers by computing— 
‘‘(A) actual numbers; and 
‘‘(B) the participation rate of all farmers 
and ranchers according to race, ethnicity, and 
gender as a percentage of the total participation 
of all farmers and ranchers for each program of 
the Department of Agriculture established for 
farmers or ranchers. 
‘‘(2) ANNUAL REPORT.—The Secretary of Agri-
culture shall provide the data required under sub-
section (c)(1) in a searchable data base with a na-
tional summary for each program and the number 
and rate of participation by program for each county 
and State. 
‘‘(d) AUTHORITY TO COLLECT DATA.—The heads of 
the agencies of the Department of Agriculture shall collect 
and transmit to the Secretary of Agriculture such data 
as may be necessary to enable the Secretary to carry out 
subsection (c)(1). 
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‘‘(e) LIMITATIONS ON USE OF DATA.—The Secretary 
of Agriculture shall not disclose the names or individual 
data of any program participant. The data shall be used 
exclusively for the purposes authorized in subsection (a) 
and not for the evaluation of individual applications for 
assistance, except as otherwise provided. 
‘‘(f) DATA COMPILATION PROCEDURES.—The Sec-
retary of Agriculture shall compile data under this section 
by using the technologies and systems of the National Ag-
ricultural Statistical Service (NASS). NASS shall present 
the data, updated annually, as a searchable database, ag-
gregated by program at the county, State, and national 
level. The presentation of the data shall allow comparisons 
at each such level to the number of farms at each such 
level in the most recent census of agriculture.’’. 
SEC. 303. EXPANSION OF SUPPORT FOR HISPANIC-SERVING 
INSTITUTIONS. 
Section 1455(c) of the National Agricultural Re-
search, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3241(c)) is amended by striking ‘‘$20,000,000 for 
each of fiscal years 1997 through 2007’’ and inserting 
‘‘100,000,000 for each of fiscal years 2008 through 
2012’’. 
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TITLE IV—FARM WORKER AND 
COMPETITIVENESS PROVISIONS 
Subtitle A—Pesticides 
SEC. 401. PESTICIDES. 
(a) RECORDKEEPING AND REPORTING.— 
(1) AMENDMENT.—Section 1491 of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 
U.S.C. 136i–1) is amended to read as follows: 
‘‘SEC. 1491. PESTICIDE RECORDKEEPING. 
‘‘(a) REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture, in consultation with the Administrator of 
the Environmental Protection Agency, shall require 
certified commercial applicators and private applica-
tors of pesticides (whether for general use or re-
stricted use) to maintain— 
‘‘(A) records comparable to records main-
tained by commercial applicators of pesticides, 
as required by the State in which the pesticide 
is used, or 
‘‘(B) if there is no State requirement for 
the maintenance of records, records that con-
tain the product and chemical name, the reg-
istration number assigned to the pesticide 
under the Federal Insecticide, Fungicide, and 
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Rodenticide Act, amount, date and time of ap-
plication, and location of application of each 
such pesticide used in agricultural production, 
for a period of 20 years after the pesticide is used. 
‘‘(2) PROVISION OF RECORDS TO CERTAIN PER-
SONS.—Within 30 days of a pesticide application, a 
certified commercial applicator shall provide a copy 
of records maintained under paragraph (1) to the 
person for whom such application was provided. 
‘‘(3) PROVISION OF RECORDS TO SECRETARY.— 
Within 30 days of a pesticide application, a certified 
commercial applicator or private applicator shall 
provide a copy of records maintained under para-
graph (1) to— 
‘‘(A) any State agency designated by the 
State for such purpose; and 
‘‘(B) the Secretary of Agriculture. 
‘‘(4) MAINTENANCE BY SECRETARY.— 
‘‘(A) REQUIREMENT.—Subject to subpara-
graph (B), the Secretary of Agriculture shall 
maintain records submitted to the Secretary 
under paragraph (3) for a period of at least 20 
years after the pesticide is used. 
‘‘(B) EXCEPTION.—The Secretary of Agri-
culture is not required to maintain records pur-
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suant to subparagraph (A) if the Secretary de-
termines that the State in which the pesticide 
is used will maintain such records for a period 
of at least 20 years after such use. 
‘‘(b) ACCESS TO RECORDS.— 
‘‘(1) IN
GENERAL.—Upon request, records 
maintained under subsection (a) shall be made avail-
able by applicators and by the Secretary of Agri-
culture to the following: 
‘‘(A) A Federal or State agency that deals 
with pesticide use or any health, occupational 
safety, or environmental issue related to the use 
of pesticides. 
‘‘(B) Health care professionals treating 
persons who reasonably believe that they have 
been exposed to pesticides. 
‘‘(C) Agricultural workers who reasonably 
believe they have been exposed to pesticides, 
their immediate family members, and their rep-
resentatives. 
‘‘(D) Researchers conducting studies on 
pesticides, occupational safety or health, or en-
vironmental conditions. 
‘‘(2) AGENCIES.—In the case of Federal agen-
cies, such access to records maintained under sub-
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section (a) shall be through the Secretary of Agri-
culture, or the Secretary’s designee. State agency re-
quests for access to records maintained under sub-
section (a) shall be through the lead State agency so 
designated by the State. 
‘‘(3) HEALTH
CARE
PERSONNEL.—When a 
health professional determines that pesticide infor-
mation maintained under this section is necessary to 
provide medical treatment or first aid to an indi-
vidual who may have been exposed to pesticides for 
which the information is maintained, upon request 
applicators and the Secretary of Agriculture shall 
promptly provide applicable records maintained 
under subsection (a) and available label information 
to that health professional. In the case of an emer-
gency, such records and information shall be pro-
vided immediately. 
‘‘(4) AGRICULTURAL WORKERS.—When an ag-
ricultural worker reasonably believes he or she has 
been exposed to pesticides, upon request applicators 
and the Secretary of Agriculture shall provide appli-
cable records maintained under subsection (a) to 
such worker, the worker’s family member, or the 
worker’s representative within 5 business days of the 
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request. In the case of an emergency, such records 
shall be provided immediately. 
‘‘(5) RESEARCHERS.—When a researcher is 
conducting a study on a pesticide, occupational safe-
ty or health, or environmental conditions, upon re-
quest applicators and the Secretary of Agriculture 
shall provide applicable records maintained under 
subsection (a) to such researcher within 30 days of 
the request. 
‘‘(c) ACCESS TO CONTACT INFORMATION.—Upon re-
quest, the person for whom a pesticide application was 
provided shall provide the name and contact information 
of the applicator to a health care professional described 
in subsection (b)(3) or an agricultural worker, family 
member, or representative described in subsection (b)(4). 
‘‘(d) SURVEYS AND ANALYSES.—Each Federal agen-
cy described in subsection (b)(1)(A) shall conduct surveys 
and record the data from individual applicators to facili-
tate statistical analysis for environmental and agronomic 
purposes, but in reports based on survey data the Federal 
agency shall not release data, including the location from 
which the data was derived, that would directly or indi-
rectly reveal the identity of individual producers. 
‘‘(e) PENALTY.—The Secretary of Agriculture shall 
be responsible for the enforcement of subsections (a), (b), 
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and (c). A violation of subsection (a) or (b) by an appli-
cator, or a violation of subsection (c) by a person described 
in such subsection, shall— 
‘‘(1) in the case of the first offense, be subject 
to a fine of not more than $ 1,000; and 
‘‘(2) in the case of subsequent offenses, be sub-
ject to a fine of not less than $ 2,000 for each viola-
tion, except that the penalty shall be less than 
$1,000 if the Secretary determines that the appli-
cator or person made a good faith effort to comply 
with such subsection. 
‘‘(f) FEDERAL OR STATE PROVISIONS.—The require-
ments of this section shall not affect provisions of other 
Federal or State laws. 
‘‘(g) SURVEYS AND REPORTS.—The Secretary of Ag-
riculture and the Administrator of the Environmental Pro-
tection Agency shall survey the records maintained under 
subsection (a) to develop and maintain a database that 
is sufficient to enable the Secretary and the Administrator 
to publish comprehensive reports, at least on an annual 
basis, concerning agricultural and nonagricultural pes-
ticide use. The Secretary and Administrator shall enter 
into a memorandum of understanding to define their re-
spective responsibilities under this subsection in order to 
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