H. R. 6124—143 
‘‘(1) AGRICULTURAL WATER ENHANCEMENT ACTIVITY.—The 
term ‘agricultural water enhancement activity’ includes the 
following activities carried out with respect to agricultural land: 
‘‘(A) Water quality or water conservation plan develop-
ment, including resource condition assessment and mod-
eling. 
‘‘(B) Water conservation restoration or enhancement 
projects, including conversion to the production of less 
water-intensive 
agricultural 
commodities 
or 
dryland 
farming. 
‘‘(C) Water quality or quantity restoration or enhance-
ment projects. 
‘‘(D) Irrigation system improvement and irrigation effi-
ciency enhancement. 
‘‘(E) Activities designed to mitigate the effects of 
drought. 
‘‘(F) Related activities that the Secretary determines 
will help achieve water quality or water conservation bene-
fits on agricultural land. 
‘‘(2) PARTNER.—The term ‘partner’ means an entity that 
enters into a partnership agreement with the Secretary to 
carry out agricultural water enhancement activities on a 
regional basis, including— 
‘‘(A) an agricultural or silvicultural producer associa-
tion or other group of such producers; 
‘‘(B) a State or unit of local government; or 
‘‘(C) a federally recognized Indian tribe. 
‘‘(3) PARTNERSHIP
AGREEMENT.—The term ‘partnership 
agreement’ means an agreement between the Secretary and 
a partner. 
‘‘(4) PROGRAM.—The term ‘program’ means the agricultural 
water enhancement program established under subsection (b). 
‘‘(b) ESTABLISHMENT OF PROGRAM.—Beginning in fiscal year 
2009, the Secretary shall carry out, in accordance with this section 
and using such procedures as the Secretary determines to be appro-
priate, an agricultural water enhancement program as part of the 
environmental quality incentives program to promote ground and 
surface water conservation and improve water quality on agricul-
tural lands— 
‘‘(1) by entering into contracts with, and making payments 
to, producers to carry out agricultural water enhancement 
activities; or 
‘‘(2) by entering into partnership agreements with partners, 
in accordance with subsection (c), on a regional level to benefit 
working agricultural land. 
‘‘(c) PARTNERSHIP AGREEMENTS.— 
‘‘(1) AGREEMENTS AUTHORIZED.—The Secretary may enter 
into partnership agreements to meet the objectives of the pro-
gram described in subsection (b). 
‘‘(2) APPLICATIONS.—An application to the Secretary to 
enter into a partnership agreement under paragraph (1) shall 
include the following: 
‘‘(A) A description of the geographical area to be cov-
ered by the partnership agreement. 
‘‘(B) A description of the agricultural water quality 
or water conservation issues to be addressed by the partner-
ship agreement.
H. R. 6124—144 
‘‘(C) A description of the agricultural water enhance-
ment objectives to be achieved through the partnership. 
‘‘(D) A description of the partners collaborating to 
achieve the project objectives and the roles, responsibilities, 
and capabilities of each partner. 
‘‘(E) A description of the program resources, including 
payments the Secretary is requested to make. 
‘‘(F) Such other such elements as the Secretary con-
siders necessary to adequately evaluate and competitively 
select applications for partnership agreements. 
‘‘(3) DUTIES OF PARTNERS.—A partner under a partnership 
agreement shall— 
‘‘(A) identify producers participating in the project and 
act on their behalf in applying for the program; 
‘‘(B) leverage funds provided by the Secretary with 
additional funds to help achieve project objectives; 
‘‘(C) conduct monitoring and evaluation of project 
effects; and 
‘‘(D) at the conclusion of the project, report to the 
Secretary on project results. 
‘‘(d) AGRICULTURAL WATER ENHANCEMENT ACTIVITIES BY PRO-
DUCERS.—The Secretary shall select agricultural water enhance-
ment activities proposed by producers according to applicable 
requirements under the environmental quality incentives program. 
‘‘(e) AGRICULTURAL WATER ENHANCEMENT ACTIVITIES BY PART-
NERS.— 
‘‘(1) COMPETITIVE PROCESS.—The Secretary shall conduct 
a competitive process to select partners. In carrying out the 
process, the Secretary shall make public the criteria used in 
evaluating applications. 
‘‘(2) AUTHORITY TO GIVE PRIORITY TO CERTAIN PROPOSALS.— 
The Secretary may give a higher priority to proposals from 
partners that— 
‘‘(A) include high percentages of agricultural land and 
producers in a region or other appropriate area; 
‘‘(B) result in high levels of applied agricultural water 
quality and water conservation activities; 
‘‘(C) significantly enhance agricultural activity; 
‘‘(D) allow for monitoring and evaluation; and 
‘‘(E) assist producers in meeting a regulatory require-
ment that reduces the economic scope of the producer’s 
operation. 
‘‘(3) PRIORITY
TO
PROPOSALS
FROM
STATES
WITH
WATER 
QUANTITY CONCERNS.—The Secretary shall give a higher pri-
ority to proposals from partners that— 
‘‘(A) include the conversion of agricultural land from 
irrigated farming to dryland farming; 
‘‘(B) leverage Federal funds provided under the pro-
gram with funds provided by partners; and 
‘‘(C) assist producers in States with water quantity 
concerns, as determined by the Secretary. 
‘‘(4) ADMINISTRATION.—In carrying out this subsection, the 
Secretary shall— 
‘‘(A) accept qualified applications— 
‘‘(i) directly from partners applying on behalf of 
producers; or
H. R. 6124—145 
‘‘(ii) from producers applying through a partner 
as part of a regional agricultural water enhancement 
project; and 
‘‘(B) ensure that resources made available for regional 
agricultural water enhancement activities are delivered in 
accordance with applicable program rules. 
‘‘(f) AREAS EXPERIENCING EXCEPTIONAL DROUGHT.—Notwith-
standing the purposes described in section 1240, the Secretary 
shall consider as an eligible agricultural water enhancement activity 
the use of a water impoundment to capture surface water runoff 
on agricultural land if the agricultural water enhancement 
activity— 
‘‘(1) is located in an area that is experiencing or has experi-
enced exceptional drought conditions during the previous two 
calendar years; and 
‘‘(2) will capture surface water runoff through the construc-
tion, improvement, or maintenance of irrigation ponds or small, 
on-farm reservoirs. 
‘‘(g) WAIVER AUTHORITY.—To assist in the implementation of 
agricultural water enhancement activities under the program, the 
Secretary shall waive the applicability of the limitation in section 
1001D(b)(2)(B) of this Act for participating producers if the Sec-
retary determines that the waiver is necessary to fulfill the objec-
tives of the program. 
‘‘(h) PAYMENTS UNDER PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall provide appropriate 
payments to producers participating in agricultural water 
enhancement activities in an amount determined by the sec-
retary to be necessary to achieve the purposes of the program 
described in subsection (b). 
‘‘(2) PAYMENTS
TO
PRODUCERS
IN
STATES
WITH
WATER 
QUANTITY CONCERNS.—The Secretary shall provide payments 
for a period of five years to producers participating in agricul-
tural water enhancement activities under proposals described 
in subsection (e)(3) in an amount sufficient to encourage pro-
ducers to convert from irrigated farming to dryland farming. 
‘‘(i) CONSISTENCY WITH STATE LAW.—Any agricultural water 
enhancement activity conducted under the program shall be con-
ducted in a manner consistent with State water law. 
‘‘(j) FUNDING.— 
‘‘(1) AVAILABILITY OF FUNDS.—In addition to funds made 
available to carry out this chapter under section 1241(a), the 
Secretary shall carry out the program using, of the funds of 
the Commodity Credit Corporation— 
‘‘(A) $73,000,000 for each of fiscal years 2009 and 2010; 
‘‘(B) $74,000,000 for fiscal year 2011; and 
‘‘(C) $60,000,000 for fiscal year 2012 and each fiscal 
year thereafter. 
‘‘(2) LIMITATION ON ADMINISTRATIVE EXPENSES.—None of 
the funds made available for regional agricultural water con-
servation activities under the program may be used to pay 
for the administrative expenses of partners.’’.
H. R. 6124—146 
Subtitle G—Other Conservation Programs 
of the Food Security Act of 1985 
SEC. 2601. CONSERVATION OF PRIVATE GRAZING LAND. 
Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C. 
3839bb(e)) is amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 
SEC. 2602. WILDLIFE HABITAT INCENTIVE PROGRAM. 
(a) ELIGIBILITY.—Section 1240N of the Food Security Act of 
1985 (16 U.S.C. 3839bb–1) is amended— 
(1) in subsection (a), by inserting before the period at 
the end the following: ‘‘for the development of wildlife habitat 
on private agricultural land, nonindustrial private forest land, 
and tribal lands’’. 
(2) in subsection (b)(1), by striking ‘‘landowners’’ and 
inserting ‘‘owners of lands referred to in subsection (a)’’. 
(b) INCLUSION OF PIVOT CORNERS AND IRREGULAR AREAS.— 
Section 1240N(b)(1)(E) of the Food Security Act of 1985 (16 U.S.C. 
3839bb–1(b)(1)(E)) is amended by inserting before the period at 
the end the following: ‘‘, including habitat developed on pivot corners 
and irregular areas’’. 
(c) COST
SHARE
FOR
LONG-TERM
AGREEMENTS.—Section 
1240N(b)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 3839bb– 
1(b)(2)(B)) is amended by striking ‘‘15 percent’’ and inserting ‘‘25 
percent’’. 
(d) PRIORITY FOR CERTAIN CONSERVATION INITIATIVES; PAYMENT 
LIMITATION.—Section 1240N of the Food Security Act of 1985 (16 
U.S.C. 3839bb–1) is amended by adding at the end the following 
new subsections: 
‘‘(d) PRIORITY FOR CERTAIN CONSERVATION INITIATIVES.—In car-
rying out this section, the Secretary may give priority to projects 
that would address issues raised by State, regional, and national 
conservation initiatives. 
‘‘(e) PAYMENT LIMITATION.—Payments made to a person or legal 
entity, directly or indirectly, under the program may not exceed, 
in the aggregate, $50,000 per year.’’. 
SEC. 2603. GRASSROOTS SOURCE WATER PROTECTION PROGRAM. 
Section 1240O(b) of the Food Security Act of 1985 (16 U.S.C. 
3839bb–2(b)) is amended by striking ‘‘$5,000,000 for each of fiscal 
years 2002 through 2007’’ and inserting ‘‘$20,000,000 for each of 
fiscal years 2008 through 2012’’. 
SEC. 2604. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND 
SEDIMENT CONTROL. 
Section 1240P of the Food Security Act of 1985 (16 U.S.C. 
3839bb–3) is amended to read as follows: 
‘‘SEC. 1240P. GREAT LAKES BASIN PROGRAM FOR SOIL EROSION AND 
SEDIMENT CONTROL. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may carry out the 
Great Lakes basin program for soil erosion and sediment control 
(referred to in this section as the ‘program’), including providing 
assistance to implement the recommendations of the Great Lakes 
Regional Collaboration Strategy to Restore and Protect the Great 
Lakes.
H. R. 6124—147 
‘‘(b) CONSULTATION
AND COOPERATION.—The Secretary shall 
carry out the program in consultation with the Great Lakes 
Commission created by Article IV of the Great Lakes Basin Compact 
(82 Stat. 415) and in cooperation with the Administrator of the 
Environmental Protection Agency and the Secretary of the Army. 
‘‘(c) ASSISTANCE.—In carrying out the program, the Secretary 
may— 
‘‘(1) provide project demonstration grants, provide technical 
assistance, and carry out information and educational programs 
to improve water quality in the Great Lakes basin by reducing 
soil erosion and improving sediment control; and 
‘‘(2) establish a priority for projects and activities that— 
‘‘(A) directly reduce soil erosion or improve sediment 
control; 
‘‘(B) reduce soil loss in degraded rural watersheds; 
or 
‘‘(C) improve water quality for downstream watersheds. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary to carry out the program 
$5,000,000 for each of fiscal years 2008 through 2012.’’. 
SEC. 2605. CHESAPEAKE BAY WATERSHED PROGRAM. 
Chapter 5 of subtitle D of title XII of the Food Security Act 
of 1985 is amended by inserting after section 1240P (16 U.S.C. 
3839bb–3) the following new section: 
‘‘SEC. 1240Q. CHESAPEAKE BAY WATERSHED. 
‘‘(a) CHESAPEAKE BAY WATERSHED DEFINED.—In this section, 
the term ‘Chesapeake Bay watershed’ means all tributaries, back-
waters, and side channels, including their watersheds, draining 
into the Chesapeake Bay. 
‘‘(b) ESTABLISHMENT AND PURPOSE.—The Secretary shall assist 
producers in implementing conservation activities on agricultural 
lands in the Chesapeake Bay watershed for the purposes of— 
‘‘(1) improving water quality and quantity in the Chesa-
peake Bay watershed; and 
‘‘(2) restoring, enhancing, and preserving soil, air, and 
related resources in the Chesapeake Bay watershed. 
‘‘(c) CONSERVATION ACTIVITIES.—The Secretary shall deliver the 
funds made available to carry out this section through applicable 
programs under this subtitle to assist producers in enhancing land 
and water resources— 
‘‘(1) by controlling erosion and reducing sediment and 
nutrient levels in ground and surface water; and 
‘‘(2) by planning, designing, implementing, and evaluating 
habitat conservation, restoration, and enhancement measures 
where there is significant ecological value if the lands are— 
‘‘(A) retained in their current use; or 
‘‘(B) restored to their natural condition. 
‘‘(d) AGREEMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) enter into agreements with producers to carry 
out the purposes of this section; and 
‘‘(B) use the funds made available to carry out this 
section to cover the costs of the program involved with 
each agreement. 
‘‘(2) SPECIAL
CONSIDERATIONS.—In entering into agree-
ments under this subsection, the Secretary shall give special
H. R. 6124—148 
consideration to, and begin evaluating, applications with pro-
ducers in the following river basins: 
‘‘(A) The Susquehanna River. 
‘‘(B) The Shenandoah River. 
‘‘(C) The Potomac River (including North and South 
Potomac). 
‘‘(D) The Patuxent River. 
‘‘(e) DUTIES OF THE SECRETARY.—In carrying out the purposes 
in this section, the Secretary shall— 
‘‘(1) where available, use existing plans, models, and assess-
ments to assist producers in implementing conservation activi-
ties; and 
‘‘(2) proceed expeditiously with the implementation of any 
agreement with a producer that is consistent with State strate-
gies for the restoration of the Chesapeake Bay watershed. 
‘‘(f) CONSULTATION.—The Secretary, in consultation with appro-
priate Federal agencies, shall ensure conservation activities carried 
out under this section complement Federal and State programs, 
including programs that address water quality, in the Chesapeake 
Bay watershed. 
‘‘(g) SENSE OF CONGRESS REGARDING CHESAPEAKE BAY EXECU-
TIVE COUNCIL.—It is the sense of Congress that the Secretary 
should be a member of the Chesapeake Bay Executive Council, 
and is authorized to do so under section 1(3) of the Soil Conservation 
and Domestic Allotment Act (16 U.S.C. 590a(3)). 
‘‘(h) FUNDING.— 
‘‘(1) AVAILABILITY.—Of the funds of the Commodity Credit 
Corporation, the Secretary shall use, to the maximum extent 
practicable— 
‘‘(A) $23,000,000 for fiscal year 2009; 
‘‘(B) $43,000,000 for fiscal year 2010; 
‘‘(C) $72,000,000 for fiscal year 2011; and 
‘‘(D) $50,000,000 for fiscal year 2012. 
‘‘(2) DURATION
OF
AVAILABILITY.—Funds made available 
under paragraph (1) shall remain available until expended.’’ 
SEC. 2606. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PRO-
GRAM. 
Chapter 5 of subtitle D of title XII of the Food Security Act 
of 1985 (16 U.S.C. 3839bb et seq.) is amended by inserting after 
section 1240Q, as added by section 2605, the following new section: 
‘‘SEC. 1240R. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE 
PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a voluntary 
public access program under which States and tribal governments 
may apply for grants to encourage owners and operators of pri-
vately-held farm, ranch, and forest land to voluntarily make that 
land available for access by the public for wildlife-dependent recre-
ation, including hunting or fishing under programs administered 
by the States and tribal governments. 
‘‘(b) APPLICATIONS.—In submitting applications for a grant 
under the program, a State or tribal government shall describe— 
‘‘(1) the benefits that the State or tribal government intends 
to achieve by encouraging public access to private farm and 
ranch land for— 
‘‘(A) hunting and fishing; and
H. R. 6124—149 
‘‘(B) to the maximum extent practicable, other rec-
reational purposes; and 
‘‘(2) the methods that will be used to achieve those benefits. 
‘‘(c) PRIORITY.—In approving applications and awarding grants 
under the program, the Secretary shall give priority to States 
and tribal governments that propose— 
‘‘(1) to maximize participation by offering a program the 
terms of which are likely to meet with widespread acceptance 
among landowners; 
‘‘(2) to ensure that land enrolled under the State or tribal 
government program has appropriate wildlife habitat; 
‘‘(3) to strengthen wildlife habitat improvement efforts on 
land enrolled in a special conservation reserve enhancement 
program described in section 1234(f)(4) by providing incentives 
to increase public hunting and other recreational access on 
that land; 
‘‘(4) to use additional Federal, State, tribal government, 
or private resources in carrying out the program; and 
‘‘(5) to make available to the public the location of land 
enrolled. 
‘‘(d) RELATIONSHIP TO OTHER LAWS.— 
‘‘(1) NO PREEMPTION.—Nothing in this section preempts 
a State or tribal government law, including any State or tribal 
government liability law. 
‘‘(2) EFFECT OF INCONSISTENT OPENING DATES FOR MIGRA-
TORY BIRD HUNTING.—The Secretary shall reduce by 25 percent 
the amount of a grant otherwise determined for a State under 
the program if the opening dates for migratory bird hunting 
in the State are not consistent for residents and non-residents. 
‘‘(e) REGULATIONS.—The Secretary shall promulgate such regu-
lations as are necessary to carry out this section. 
‘‘(f) FUNDING.—Of the funds of the Commodity Credit Corpora-
tion, the Secretary shall use, to the maximum extent practicable, 
$50,000,000 for the period of fiscal years 2009 through 2012.’’. 
Subtitle H—Funding and Administration of 
Conservation Programs 
SEC. 2701. FUNDING OF CONSERVATION PROGRAMS UNDER FOOD 
SECURITY ACT OF 1985. 
(a) IN GENERAL.—Section 1241(a) of the Food Security 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 sec-
tion 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 para-
graph (3) of section 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
H. R. 6124—150 
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 conserva-
tion 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 PROGRAM.—The conserva-
tion 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: 
‘‘(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 subchapter D 
of chapter 2.’’. 
(f) ENVIRONMENTAL
QUALITY
INCENTIVES
PROGRAM.—Para-
graph (6) of section 1241(a) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)) is amended to read as follows: 
‘‘(6) The environmental quality incentives program under 
chapter 4, using, to the maximum extent 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; 
‘‘(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 CON-
SERVATION PROGRAMS. 
Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) 
is amended by adding at the end the following 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 subtitle D to accept contributions of non-Fed-
eral 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 depos-
ited into the sub-account established under this subsection 
for the program and shall be available to the Secretary, without 
further appropriation and until expended, to carry out the 
program.’’.
H. R. 6124—151 
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 EQUITY.—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 determining the 
specific funding allocations for States under paragraph (1), 
the Secretary shall consider the respective demand in each 
State for each program 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.— 
‘‘(1) REVIEW.—Not later than January 1, 2012, the Sec-
retary shall conduct a review of conservation programs and 
authorities under this title that utilize allocation formulas to 
determine the sufficiency 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 necessary to ensure that the 
formulas adequately reflect the costs of carrying out the con-
servation programs.’’. 
SEC. 2704. ASSISTANCE TO CERTAIN FARMERS AND RANCHERS TO 
IMPROVE THEIR ACCESS TO CONSERVATION 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 RANCHERS FOR CON-
SERVATION ACCESS.— 
‘‘(1) ASSISTANCE.—Of the funds made available for each 
of fiscal years 2009 through 2012 to carry out the environmental 
quality incentives program and the acres made available for 
each of such fiscal years to carry out the conservation steward-
ship program, the Secretary shall use, to the maximum extent 
practicable— 
‘‘(A) 5 percent to assist beginning farmers or ranchers; 
and 
‘‘(B) 5 percent to assist socially disadvantaged 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 
incentives 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.’’.
H. R. 6124—152 
SEC. 2705. REPORT REGARDING ENROLLMENTS AND ASSISTANCE 
UNDER CONSERVATION PROGRAMS. 
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: 
‘‘(h) REPORT ON PROGRAM ENROLLMENTS AND ASSISTANCE.— 
Beginning in calendar year 2009, and each year thereafter, the 
Secretary shall submit to the Committee on Agriculture of the 
House of Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a semiannual report containing 
statistics by State related to enrollments in conservation programs 
under this subtitle, as follows: 
‘‘(1) Payments made under the wetlands reserve program 
for easements valued at $250,000 or greater. 
‘‘(2) Payments made under the farmland protection pro-
gram for easements in which the Federal share is $250,000 
or greater. 
‘‘(3) Payments made under the grassland reserve program 
valued at $250,000 or greater. 
‘‘(4) Payments made under the environmental quality incen-
tives program for land determined to have special environ-
mental significance pursuant to section 1240G(b). 
‘‘(5) Payments made under the agricultural water enhance-
ment program subject to the waiver of adjusted gross income 
limitations pursuant to section 1240I(g). 
‘‘(6) Waivers granted by the Secretary under section 
1001D(b)(2) of this Act in order to protect environmentally 
sensitive land of special significance.’’. 
SEC. 2706. DELIVERY OF CONSERVATION TECHNICAL ASSISTANCE. 
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 producer, landowner, or entity 
that is participating in, or seeking to participate in, programs 
for which the producer, landowner, or entity is otherwise eligible 
to participate 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 tech-
nical assistance authorized by this section is to provide eligible 
participants with consistent, science-based, site-specific practices 
designed to achieve conservation objectives on land active in agricul-
tural, forestry, or related uses. 
‘‘(c) PROVISION OF TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance under this title to an eligible partici-
pant— 
‘‘(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 partici-
pant 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
H. R. 6124—153 
with, other agencies within the Department or non-Federal entities 
to assist the Secretary in providing technical assistance necessary 
to assist in implementing conservation programs under this title. 
‘‘(e) CERTIFICATION OF THIRD-PARTY PROVIDERS.— 
‘‘(1) PURPOSE.—The purpose of the third-party provider 
program is to increase the availability and range of technical 
expertise available to eligible participants to plan and imple-
ment conservation measures. 
‘‘(2) REGULATIONS.—Not later than 180 days after the date 
of the enactment of the Food, Conservation, and Energy Act 
of 2008, the Secretary shall promulgate such regulations as 
are necessary to carry out this section. 
‘‘(3) EXPERTISE.—In promulgating such regulations, the 
Secretary, to the maximum extent practicable, shall— 
‘‘(A) ensure that persons with expertise in the technical 
aspects of conservation planning, watershed planning, and 
environmental engineering, including commercial entities, 
nonprofit entities, State or local governments or agencies, 
and other Federal agencies, are eligible to become approved 
providers of the technical assistance; 
‘‘(B) provide national criteria for the certification of 
third party providers; and 
‘‘(C) approve any unique certification standards estab-
lished at the State level. 
‘‘(f) ADMINISTRATION.— 
‘‘(1) FUNDING.—Effective for fiscal year 2008 and each sub-
sequent fiscal year, funds of the Commodity Credit Corporation 
made available to carry out technical assistance for each of 
the programs specified in section 1241 shall be available for 
the 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 performed 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 REQUIREMENTS.—Not later 
than 1 year after the date of enactment of the Food, Conserva-
tion, 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 participation. 
‘‘(4) ELIGIBLE ACTIVITIES.— 
‘‘(A) INCLUSION
OF
ACTIVITIES.—The Secretary may 
include as activities eligible for payments to a third party 
provider— 
‘‘(i) technical services provided directly to eligible 
participants, such as conservation planning, education 
and outreach, and assistance with design and 
implementation of conservation practices; and 
‘‘(ii) related technical assistance services that accel-
erate conservation program delivery.
H. R. 6124—154 
‘‘(B) EXCLUSIONS.—The Secretary shall not designate 
as an activity eligible for payments to a third party provider 
any service that is provided by a business, or equivalent, 
in connection with conducting business and that is custom-
arily provided at no cost. 
‘‘(5) PAYMENT AMOUNTS.—The Secretary shall establish fair 
and reasonable amounts of payments for technical services 
provided by third-party providers. 
‘‘(g) AVAILABILITY OF TECHNICAL SERVICES.— 
‘‘(1) IN GENERAL.—In carrying out the programs under this 
title and the agricultural management assistance program 
under section 524 of the 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 assisting in the planning, design, or installation of an eligible 
practice. 
‘‘(h) REVIEW OF CONSERVATION PRACTICE STANDARDS.— 
‘‘(1) REVIEW REQUIRED.—The Secretary shall— 
‘‘(A) review conservation practice standards, including 
engineering design specifications, in effect on the date of 
the enactment of the Food, Conservation, and Energy Act 
of 2008; 
‘‘(B) ensure, to the maximum extent practicable, the 
completeness and relevance of the standards to local agri-
cultural, forestry, and natural resource needs, including 
specialty crops, native and managed pollinators, bioenergy 
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-specific conservation needs 
and minimizing risks of design failure and associated costs 
of construction and installation. 
‘‘(2) CONSULTATION.—In conducting the review under para-
graph (1), the Secretary shall consult with eligible participants, 
crop consultants, cooperative extension and land grant univer-
sities, nongovernmental organizations, and other qualified enti-
ties. 
‘‘(3) EXPEDITED REVISION OF STANDARDS.—If the Secretary 
determines under paragraph (1) that revisions to the conserva-
tion practice standards, including engineering design specifica-
tions, are necessary, the Secretary shall establish an adminis-
trative 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 incor-
porate specialty crop production, organic 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 produc-
tion or precision agriculture.
H. R. 6124—155 
‘‘(2) AVAILABILITY OF ADEQUATE TECHNICAL ASSISTANCE.— 
‘‘(A) IN GENERAL.—The Secretary shall ensure that ade-
quate technical assistance is available for the implementa-
tion of conservation practices by producers involved with 
organic, specialty crop production, or precision agriculture 
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, specialty crop production or 
precision agriculture through cooperative agreements 
with other agencies and nongovernmental organiza-
tions; and 
‘‘(ii) program specifications that allow for innova-
tive approaches to engage local resources in providing 
technical assistance for planning and implementation 
of conservation practices.’’. 
SEC. 2707. COOPERATIVE CONSERVATION PARTNERSHIP INITIATIVE. 
(a) TRANSFER OF EXISTING PROVISIONS.—Subsections (a), (c), 
and (d) of section 1243 of the Food Security 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 INITIATIVE.—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 Secretary shall estab-
lish a cooperative conservation partnership initiative (in this section 
referred to as the ‘Initiative’) 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 
agricultural and nonindustrial private forest land. 
‘‘(b) PURPOSES.—The purposes of a partnership entered 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 regulatory requirements 
related to production involving agriculture and nonindustrial 
private forest land; 
‘‘(3) to encourage producers to cooperate in the installation 
and maintenance of conservation practices that affect multiple 
agricultural or nonindustrial private forest operations; or 
‘‘(4) to promote the development and demonstration 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 conservation programs under 
subtitle D.
H. R. 6124—156 
‘‘(2) EXCLUDED PROGRAMS.—The Initiative shall not include 
the following programs: 
‘‘(A) Conservation reserve program. 
‘‘(B) Wetlands reserve program. 
‘‘(C) Farmland protection program 
‘‘(D) Grassland reserve program. 
‘‘(d) ELIGIBLE PARTNERS.—The Secretary may enter into a part-
nership 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 history of 
working cooperatively with producers to effectively address con-
servation priorities related to agricultural production and non-
industrial private forest land. 
‘‘(e) IMPLEMENTATION AGREEMENTS.—The Secretary shall carry 
out the Initiative— 
‘‘(1) by selecting, through a competitive process, eligible 
partners from among applications submitted 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.— 
‘‘(1) REQUIRED INFORMATION.—An application to enter into 
a partnership agreement under the Initiative 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 
agricultural producers and nonindustrial private forest 
landowners. 
‘‘(B) A description of the partner, or partners, collabo-
rating 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 monitoring, evalu-
ating, 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 priority to 
applications for agreements that— 
‘‘(A) have a high percentage of producers involved and 
working agricultural or nonindustrial private forest land 
included in the area covered by the agreement; 
‘‘(B) significantly leverage non-Federal financial 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;
H. R. 6124—157 
‘‘(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.—Except as pro-
vided in paragraph (2), the Secretary shall ensure that 
resources made available under the Initiative are delivered 
in accordance with the applicable rules of programs specified 
in subsection (c)(1) through normal program mechanisms 
relating to program functions, including rules governing 
appeals, payment limitations, and conservation compliance. 
‘‘(2) ADJUSTMENT.—The Secretary may adjust the elements 
of any program specified in subsection (c)(1)— 
‘‘(A) to better reflect unique local circumstances and 
purposes if the Secretary determines 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 partici-
pate in the Initiative. 
‘‘(h) TECHNICAL
AND FINANCIAL ASSISTANCE.—The Secretary 
shall provide appropriate technical and financial assistance to pro-
ducers participating in the Initiative in an amount determined 
to be necessary to achieve the purposes 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 subsection (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. 
‘‘(2) ALLOCATION REQUIREMENTS.—Of the funds and acres 
reserved for the Initiative for a fiscal year, the Secretary shall 
allocate— 
‘‘(A) 90 percent of the funds and acres to projects 
based on the direction of State conservationists, 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 program 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 Initiative.’’. 
SEC. 2708. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION 
PROGRAMS. 
Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844), 
as amended by section 2707, is further amended— 
(1) by striking subsection (a) and inserting the following 
new subsection: 
‘‘(a) INCENTIVES FOR CERTAIN FARMERS AND RANCHERS AND 
INDIAN TRIBES.—
H. R. 6124—158 
‘‘(1) INCENTIVES
AUTHORIZED.—In carrying out any con-
servation program administered by the Secretary, the Secretary 
may provide to a person or entity specified in paragraph (2) 
incentives to participate in the conservation program— 
‘‘(A) to foster new farming and ranching opportunities; 
and 
‘‘(B) to enhance long-term environmental goals. 
‘‘(2) COVERED
PERSONS.—Incentives authorized by para-
graph (1) may be provided to the following: 
‘‘(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 subsections: 
‘‘(f) ACREAGE LIMITATIONS.— 
‘‘(1) LIMITATIONS.— 
‘‘(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 subtitle D. 
‘‘(B) EASEMENTS.—Not more than 10 percent of the 
cropland in a country may be subject to an easement 
acquired under subchapter 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 sec-
tion 1212. 
‘‘(3) WAIVER TO EXCLUDE CERTAIN ACREAGE.—The Secretary 
may grant a waiver to exclude acreage enrolled under sub-
section (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 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 requirements; 
‘‘(2) to measure program performance; 
‘‘(3) to demonstrate whether the long-term conservation 
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 sec-
tion 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
H. R. 6124—159 
‘‘(2) the use of conservation practices that benefit native 
and managed pollinators. 
‘‘(i) STREAMLINED APPLICATION PROCESS.— 
‘‘(1) IN GENERAL.—In carrying out each conservation pro-
gram under this title, the Secretary shall ensure that the 
application process used by producers and landowners is 
streamlined to minimize complexity and eliminate redundancy. 
‘‘(2) REVIEW AND STREAMLINING.— 
‘‘(A) REVIEW.—The Secretary shall carry out a review 
of the application forms and processes 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 information is essential 
for the efficient, effective, and accountable implementa-
tion of conservation programs; 
‘‘(ii) conservation program applicants are not 
required to provide information that is readily avail-
able to the Secretary through existing information sys-
tems of the Department of Agriculture; 
‘‘(iii) information provided by the applicant is man-
aged 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 information 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 notification 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 fol-
lowing new section: 
‘‘SEC. 1245. ENVIRONMENTAL SERVICES MARKETS. 
‘‘(a) TECHNICAL GUIDELINES REQUIRED.—The Secretary shall 
establish technical guidelines that outline science-based methods 
to measure the environmental services benefits from conservation 
and land management activities in order to facilitate the participa-
tion of farmers, ranchers, and forest landowners in emerging 
environmental 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 establish guidelines 
under subsection (a) for use in developing the following: 
‘‘(1) A procedure to measure environmental services bene-
fits. 
‘‘(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 Secretary shall estab-
lish guidelines for a process to verify that a farmer, rancher, 
or forest landowner who reports an environmental services
H. R. 6124—160 
benefit pursuant to the protocol required by paragraph (2) 
of subsection (b) for inclusion in the registry required by para-
graph (3) of such subsection has implemented the conservation 
or land management activity covered by the report. 
‘‘(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 inde-
pendent 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 regarding 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 environmental 
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 exper-
tise or experience. 
‘‘(3) Other interested persons, as determined by the Sec-
retary.’’. 
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 Secretary shall estab-
lish a conservation experienced services program (in this section 
referred to as the ‘ACES Program’) for the purpose of utilizing 
the talents of individuals who are age 55 or older, but who are 
not employees of the Department of Agriculture or a State agri-
culture department, to provide technical services in support of the 
conservation-related programs and authorities carried out by the 
Secretary. Such technical services may include conservation plan-
ning assistance, technical consultation, and assistance with design 
and implementation of conservation practices. 
‘‘(b) PROGRAM AGREEMENTS.— 
‘‘(1) RELATION
TO
OLDER
AMERICAN
COMMUNITY
SERVICE 
EMPLOYMENT PROGRAM.—Notwithstanding any other provision 
of law relating to Federal grants, cooperative agreements, or 
contracts, to carry out the ACES program during a fiscal year, 
the Secretary may enter into agreements with nonprofit private 
agencies and organizations eligible to receive grants for that 
fiscal year under the Community Service Senior Opportunities 
Act (42 U.S.C. 3056 et seq.) to secure participants for the
H. R. 6124—161 
ACES program who will provide technical services under the 
ACES program. 
‘‘(2) REQUIRED DETERMINATION.—Before entering into an 
agreement under paragraph (1), the Secretary shall ensure 
that the agreement would not— 
‘‘(A) result in the displacement of individuals 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 substan-
tially-equivalent job or function with the Department; or 
‘‘(C) affect existing contracts for services. 
‘‘(c) FUNDING SOURCE.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (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 program. 
‘‘(d) LIABILITY.—An individual providing technical services 
under the ACES program is deemed to be an employee of the 
United States Government for purposes of chapter 171 of title 
28, United States Code, if the individual— 
‘‘(1) is providing technical services pursuant to an agree-
ment entered into under subsection (b); and 
‘‘(2) is acting within the scope of the agreement.’’. 
SEC. 2711. ESTABLISHMENT OF STATE TECHNICAL COMMITTEES 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 follows: 
‘‘Subtitle G—State Technical Committees 
‘‘SEC. 1261. ESTABLISHMENT OF STATE TECHNICAL COMMITTEES. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a technical 
committee in each State to assist the Secretary 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 standardize the oper-
ations of State technical committees; and 
‘‘(2) standards to be used by State technical committees 
in the development of technical guidelines 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 professionals that
H. R. 6124—162 
represent a variety of disciplines in the soil, water, wetland, and 
wildlife sciences. The technical committee for a State shall include 
representatives from among the following: 
‘‘(1) The Natural Resources Conservation Service. 
‘‘(2) The Farm Service Agency. 
‘‘(3) The Forest Service. 
‘‘(4) The National Institute of Food and Agriculture. 
‘‘(5) The State fish and wildlife agency. 
‘‘(6) The State forester or equivalent State official. 
‘‘(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 within the State. 
‘‘(11) Owners of nonindustrial private forest land. 
‘‘(12) Nonprofit organizations within the meaning of section 
501(c)(3) of the Internal Revenue Code of 1986 with demon-
strable conservation expertise and experience working with 
agriculture producers in the State. 
‘‘(13) Agribusiness. 
‘‘SEC. 1262. RESPONSIBILITIES. 
‘‘(a) IN GENERAL.—Each State technical committee established 
under section 1261 shall meet regularly to provide information, 
analysis, and recommendations to appropriate 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 attend-
ance 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 committees shall have no 
implementation or enforcement authority. However, the Sec-
retary shall give strong consideration to the recommendations 
of such committees in administering the programs under this 
title. 
‘‘(2) ADVISORY ROLE IN ESTABLISHING PROGRAM PRIORITIES 
AND CRITERIA.—Each State technical committee shall advise 
the Secretary in establishing priorities and criteria for the 
programs in this title, including the review of whether local 
working groups are addressing those priorities. 
‘‘(d) FACA REQUIREMENTS.— 
‘‘(1) EXEMPTION.—Each State technical committee 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 subcommittee of the applicable State technical committee.’’.
H. R. 6124—163 
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 Insur-
ance Act (7 U.S.C. 1524(b)(4)(B)) is amended— 
(1) in clause (i), by striking ‘‘Except as provided in clauses 
(ii) and (iii)’’ and inserting ‘‘Except as provided in clause (ii)’’; 
and 
(2) by striking clauses (ii) and (iii) and inserting the fol-
lowing 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 Federal Crop Insur-
ance 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 Corporation shall use not less than— 
‘‘(i) 50 percent to carry out subparagraphs (A), 
(B), and (C) of paragraph (2) through the Natural 
Resources Conservation Service; 
‘‘(ii) 10 percent to provide organic certification cost 
share assistance through the Agricultural Marketing 
Service; and 
‘‘(iii) 40 percent to conduct activities to carry out 
subparagraph (F) of paragraph (2) through the Risk 
Management Agency.’’. 
SEC. 2802. TECHNICAL ASSISTANCE UNDER SOIL CONSERVATION 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 resources,’’ 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 related resources’’. 
(b) DEFINITIONS.—Section 10 of the Soil Conservation and 
Domestic Allotment Act (16 U.S.C. 590j) is amended to read as 
follows:
H. R. 6124—164 
‘‘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, information, 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 directly to farmers, 
ranchers, and other eligible entities, such as conserva-
tion planning, technical consultation, and assistance 
with design and implementation of conservation prac-
tices; and 
‘‘(ii) technical infrastructure, including activities, 
processes, tools, and agency functions needed to sup-
port delivery of technical services, such as technical 
standards, resource inventories, training, data, tech-
nology, monitoring, and effects analyses.’’. 
SEC. 2803. SMALL WATERSHED REHABILITATION PROGRAM. 
(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 Prevention 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 CONSERVA-
TION 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— 
(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 inserting the following: 
‘‘(3) Appraisal and inventory of resources, assessment and 
inventory of conservation needs, evaluation of the effects of 
conservation practices, and analyses of alternative approaches 
to existing conservation 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 Conserva-
tion 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 period at the 
end and inserting ‘‘; and’’; and
H. R. 6124—165 
(C) by adding at the end the following new paragraph: 
‘‘(7) data on conservation plans, conservation practices 
planned or implemented, environmental outcomes, economic 
costs, and related matters under conservation programs 
administered by the Secretary.’’; 
(2) by redesignating subsection (d) as subsection (e); 
(3) by inserting after subsection (c) the following new sub-
section: 
‘‘(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 appraisal, as determined by the Secretary.’’; and 
(4) in subsection (e), as redesignated by paragraph (2), 
by striking the first sentence and inserting the following: ‘‘The 
Secretary shall conduct comprehensive appraisals under this 
section, to be completed 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 subsection (d); 
(2) by inserting after subsection (a) the following new sub-
sections: 
‘‘(b) EVALUATION OF EXISTING CONSERVATION PROGRAMS.—In 
evaluating existing conservation programs, the Secretary shall 
emphasize demonstration, innovation, 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 subsection (a), the Secretary 
shall solicit and evaluate recommendations for improving the pro-
gram, including the content, scope, process, participation in, and 
other elements of the program, as determined by the Secretary.’’; 
and 
(3) in subsection (d), as redesignated by paragraph (1), 
by striking ‘‘December 31, 1979’’ and all that follows through 
‘‘December 31, 2007’’ and inserting ‘‘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: 
‘‘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, Nutrition, and Forestry of the Senate 
the appraisal developed under section 5 and completed before the 
end of the previous 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—
H. R. 6124—166 
‘‘(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 Department of Agriculture; and 
‘‘(3) a special evaluation of the status, conditions, and 
trends of soil quality on cropland in the United States that 
addresses the challenges and opportunities for reducing soil 
erosion to tolerance levels. 
‘‘(c) IMPROVEMENTS TO APPRAISAL AND PROGRAM.—Not later 
than the date on which Congress convenes in 2012, the Secretary 
shall submit to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a 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 sections 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 inserting ‘‘2018’’. 
SEC. 2805. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM. 
(a) LOCALLY LED PLANNING PROCESS.—Section 1528 of the Agri-
culture 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; 
(3) in paragraph (8) (as so redesignated)— 
(A) by striking ‘‘PLANNING
PROCESS’’ and inserting 
‘‘LOCALLY LED PLANNING PROCESS’’; 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 subparagraphs: 
‘‘(C) providing assistance for the implementation of 
area plans and projects; and 
‘‘(D) providing services that involve the resources of 
Department of Agriculture programs in a local community, 
as defined in the locally led planning process.’’. 
(c) IMPROVED PROVISION OF TECHNICAL ASSISTANCE.—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 subsection: 
‘‘(b) COORDINATOR.— 
‘‘(1) IN GENERAL.—To improve the provision of technical 
assistance to councils under this subtitle, the Secretary shall 
designate for each council an individual to be the coordinator 
for the council.
H. R. 6124—167 
‘‘(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 IMPERIAL 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 paragraph: 
‘‘(7) BASIN STATES PROGRAM.— 
‘‘(A) IN GENERAL.—A Basin States Program that the 
Secretary, acting through the Bureau of Reclamation, shall 
implement to carry out salinity control activities in the 
Colorado River Basin using funds made available under 
section 205(f). 
‘‘(B) ASSISTANCE.—The Secretary, in consultation with 
the Colorado River Basin Salinity Control Advisory Council, 
shall carry out this paragraph using funds described in 
subparagraph (A) directly or by providing grants, grant 
commitments, or advance funds to Federal or non-Federal 
entities under such terms and conditions 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 associated 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 salinity control 
features constructed under the Colorado River Basin 
salinity control program; and 
‘‘(iii) studies, planning, and administration of 
salinity control activities. 
‘‘(D) REPORT.— 
‘‘(i) IN GENERAL.—Not later than 30 days before 
implementing the program established under this para-
graph, the Secretary shall submit to the appropriate 
committees of Congress a planning report that 
describes the proposed implementation of the program. 
‘‘(ii) IMPLEMENTATION.—The Secretary may not 
expend funds to implement the program established 
under this paragraph before the expiration of the 30- 
day period beginning on the date on which the Sec-
retary submits the report, or any revision 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 preceding paragraph 
(1), by striking ‘‘program’’ and inserting ‘‘programs’’; and 
(B) in subsection (b)(4)— 
(i) by striking ‘‘program’’ and inserting ‘‘programs’’; 
and 
(ii) by striking ‘‘and (6)’’ and inserting ‘‘(6), and 
(7)’’.
H. R. 6124—168 
(2) Section 205 of the Colorado River Basin Salinity Control 
Act (43 U.S.C. 1595) is amended by striking subsection (f) 
and inserting the following new subsection: 
‘‘(f) UP-FRONT COST SHARE.— 
‘‘(1) IN GENERAL.—Effective beginning on the date of enact-
ment 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 
proportions as the cost allocations required under subsection 
(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 section 202(a)(7). 
‘‘(3) EXISTING
SALINITY
CONTROL
ACTIVITIES.—The cost 
share contribution required by this section shall continue to 
be met through repayment in a manner consistent with this 
section for all salinity control activities for which repayment 
was commenced prior to the date of enactment of this para-
graph.’’. 
SEC. 2807. DESERT TERMINAL LAKES. 
Section 2507 of the Farm Security and Rural Investment 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 paragraph (3) 
of that section, on the date of enactment 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 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.
H. R. 6124—169 
SEC. 2902. NAMING OF NATIONAL PLANT MATERIALS CENTER 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 made by this title, the 
Secretary of Agriculture shall continue 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 applicable 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 conserva-
tion 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 Secretary of Agriculture, 
in consultation with the Commodity Credit Corporation, shall 
promulgate such regulations as are necessary to implement this 
title. 
(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 (com-
monly known as the Paperwork Reduction Act); and 
(B) the Statement of Policy of the Secretary of Agri-
culture effective July 24, 1971 (36 Fed. Reg. 13804) relating 
to notices of proposed 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 RULEMAKING.—In car-
rying out this section, the Secretary shall use the authority provided 
under section 808(2) of title 5, United States Code.
H. R. 6124—170 
TITLE III—TRADE 
Subtitle A—Food for Peace Act 
SEC. 3001. SHORT TITLE. 
(a) IN GENERAL.—Section 1 of the Agricultural Trade Develop-
ment and Assistance Act of 1954 (7 U.S.C. 1691 note; 104 Stat. 
3633) is amended by striking ‘‘Agricultural Trade Development 
and Assistance Act of 1954’’ and inserting ‘‘Food for Peace Act’’. 
(b) CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Each provision of law described in para-
graph (2) is amended— 
(A) by striking ‘‘Agricultural Trade Development and 
Assistance Act of 1954’’ each place it appears and inserting 
‘‘Food for Peace Act’’; and 
(B) in each section heading, by striking ‘‘AGRICUL-
TURAL
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). 
(B) The Agricultural Act of 1949 (7 U.S.C. 1421 et 
seq.). 
(C) Section 9(a) of the Military Construction Codifica-
tion 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 ‘‘Agricultural 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.). 
(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; Public Law 102–274).
H. R. 6124—171 
(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 Democracy (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). 
(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 Develop-
ment, 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— 
(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 follows through paragraph 
(1) and inserting the following: 
‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
‘‘(1) in negotiations at the Food Aid Convention, the World 
Trade Organization, the United Nations 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 legitimate needs of devel-
oping countries; 
‘‘(B) ensure, to the maximum extent practicable, that 
humanitarian nongovernmental organizations, recipient 
country governments, charitable bodies, and international 
organizations shall continue— 
‘‘(i) to be eligible to receive resources based on 
assessments of need conducted by those organizations 
and entities; and 
‘‘(ii) to implement food aid programs in agreements 
with donor countries; and 
‘‘(C) ensure, to the maximum extent practicable, that 
options for providing food aid for emergency and non-
emergency needs shall not be subject to limitation, 
including in-kind commodities, provision of funds for agri-
cultural commodity procurement, and monetization of
H. R. 6124—172 
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 disincen-
tives to local agricultural production and marketing 
and with minimal potential for disruption of commer-
cial 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’’. 
(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 inserting ‘‘ECONOMIC ASSISTANCE 
AND FOOD SECURITY’’. 
SEC. 3005. AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND PRI-
VATE 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 para-
graphs (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 governments, private vol-
untary organizations, and cooperatives,’’ after ‘‘developing 
country’’; 
(2) by striking paragraph (1); 
(3) in paragraph (2)— 
(A) in subparagraph (C), by striking ‘‘and’’ at the end; 
(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 capacity of the 
recipient country.’’; 
(4) in paragraph (3), by striking ‘‘agricultural business 
development and agricultural trade expansion’’ and inserting 
‘‘development of agricultural businesses and agricultural trade 
capacity’’; 
(5) in paragraph (4), by striking ‘‘, or otherwise’’ and all 
that follows through ‘‘United States’’; 
(6) in paragraph (5), by inserting ‘‘to promote agricultural 
products produced in appropriate developing countries’’ after 
‘‘trade fairs’’; and 
(7) by redesignating paragraphs (2) through (9) as para-
graphs (1) through (8), respectively.
H. R. 6124—173 
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 respond to emer-
gency food needs, arising from man-made and natural disas-
ters;’’; 
(2) in paragraph (5)— 
(A) by inserting ‘‘food security and support’’ after ‘‘pro-
mote’’; 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 productive activi-
ties.’’. 
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; 
(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 methodologies for 
food aid programs, including needs assessments (upon the 
request of the Administrator), 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 agricultural 
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 tar-
get populations; and 
‘‘(C) to test prototypes. 
‘‘(2) ADMINISTRATION.—The Administrator— 
‘‘(A) shall carry out this subsection in consultation 
with and through independent entities with proven exper-
tise in food aid commodity quality enhancements; 
‘‘(B) may enter into contracts to obtain the services 
of such entities; and
H. R. 6124—174 
‘‘(C) shall consult with the Food Aid Consultative 
Group on how to carry out this subsection. 
‘‘(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 sub-
section.’’. 
SEC. 3009. GENERATION AND USE OF CURRENCIES BY PRIVATE VOL-
UNTARY ORGANIZATIONS AND COOPERATIVES. 
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 countries’’. 
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 
(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 period and 
inserting ‘‘; and’’; and 
(C) by inserting at the end the following: 
‘‘(7) representatives from the maritime transportation 
sector involved in transporting agricultural commodities over-
seas 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); 
(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 EVALUATION.— 
‘‘(1) DUTIES OF ADMINISTRATOR.—The Administrator, in con-
sultation with the Secretary, shall establish 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 ACTIVITIES.—The sys-
tems and activities described in paragraph (1) shall include—
H. R. 6124—175 
‘‘(A) program monitors in countries that receive assist-
ance under this title; 
‘‘(B) country and regional food aid impact evaluations; 
‘‘(C) the identification and implementation of best prac-
tices for food aid programs; 
‘‘(D) the evaluation of monetization programs; 
‘‘(E) early warning assessments and systems to help 
prevent famines; and 
‘‘(F) upgraded information technology systems. 
‘‘(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 committees of Congress a report on efforts under-
taken 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 submit to the appropriate committees of Congress 
a report that contains— 
‘‘(A) a review of, and comments addressing, the report 
described in paragraph (3); and 
‘‘(B) recommendations relating to any additional 
actions that the Comptroller General of the United States 
determines to be necessary to improve the monitoring and 
evaluation of assistance provided under this title. 
‘‘(5) CONTRACT AUTHORITY.— 
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C), in carrying out administrative and management activi-
ties relating to each activity carried out by the Adminis-
trator under paragraph (1), the Administrator may enter 
into contracts with 1 or more individuals for personal 
service to be performed in recipient countries or neigh-
boring 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 Administrator to enter into a con-
tract with any individual for personal service under section 
202(a). 
‘‘(6) FUNDING.— 
‘‘(A) IN GENERAL.—Subject to section 202(h)(3), in addi-
tion 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 subparagraph (A), for each of 
fiscal years 2009 through 2012, not more than
H. R. 6124—176 
$8,000,000 may be used by the Administrator 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 Assistance 
Act of 1961 (22 U.S.C. 2151 et seq.) for such purposes 
for such fiscal year. 
‘‘(g) PROJECT REPORTING.— 
‘‘(1) IN
GENERAL.—In submitting project reports to the 
Administrator, a private voluntary organization 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 Development. 
‘‘(2) CONFIDENTIAL
INFORMATION.—An organization or 
cooperative described in paragraph (1) may omit any confiden-
tial information from the copy of the report submitted for 
public display under that paragraph.’’. 
SEC. 3013. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPOR-
TATION, 
DELIVERY, 
AND 
DISTRIBUTION 
OF 
SHELF- 
STABLE PREPACKAGED 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— 
(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 para-
graphs (4) through (9), respectively; and 
(2) by inserting after paragraph (2) the following: 
‘‘(3) APPROPRIATE
COMMITTEE
OF
CONGRESS.—The term 
‘appropriate committee of Congress’ means— 
‘‘(A) the Committee on Agriculture, Nutrition, and For-
estry 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.’’.
H. R. 6124—177 
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 semicolon. 
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 inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—Funds made’’; 
(B) in subparagraph (A) (as so designated)— 
(i) by striking ‘‘2007’’ and inserting ‘‘2012’’; and 
(ii) 
by 
striking 
‘‘$2,000,000’’ 
and 
inserting 
‘‘$10,000,000’’; and 
(C) by adding at the end the following: 
‘‘(B) ADDITIONAL PREPOSITIONING SITES.— 
‘‘(i) FEASIBILITY ASSESSMENTS.—The Administrator 
may carry out assessments 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 commodities for prepositioning in 
foreign countries. 
‘‘(ii) ESTABLISHMENT
OF
SITES.—Based on the 
results of each assessment carried out under clause 
(i), the Administrator may establish additional sites 
for prepositioning in foreign countries.’’; and 
(2) by adding at the end the following: 
‘‘(5) NONEMERGENCY OR MULTIYEAR AGREEMENTS.—Annual 
resource requests for ongoing nonemergency 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.’’. 
SEC. 3018. CONSOLIDATION AND MODIFICATION OF ANNUAL 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 subsection (f) and inserting 
the following: 
‘‘(f) ANNUAL REPORTS.— 
‘‘(1) ANNUAL REPORT REGARDING AGRICULTURAL TRADE PRO-
GRAMS AND ACTIVITIES.— 
‘‘(A) ANNUAL REPORT.—Not later than April 1 of each 
fiscal year, the Administrator and the Secretary shall 
jointly prepare and submit to the appropriate committees 
of Congress a report regarding each program and activity 
carried out under this Act during the prior fiscal year. 
‘‘(B) CONTENTS.—An annual report described 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 receives food and other 
assistance under this Act (including the quantity of 
food and assistance provided to each country and 
organization);
H. R. 6124—178 
‘‘(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 quantity of agricul-
tural commodities made available to each country 
pursuant to— 
‘‘(I) section 416(b) of the Agricultural 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 towards reducing food insecu-
rity in the populations receiving food assistance from 
the United States; 
‘‘(v) a description of efforts undertaken 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 implemented under section 
207(f); and 
‘‘(II) the impact of each program oversight, 
monitoring, and evaluation system on the effective-
ness and efficiency 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 PROVISION OF AGRICUL-
TURAL COMMODITIES TO FOREIGN COUNTRIES.— 
‘‘(A) ANNUAL REPORT.—Not later than February 1 of 
each fiscal year, the Administrator shall prepare and 
submit to the appropriate committees of Congress a report 
regarding the administration of food assistance programs 
under title II to benefit foreign countries during the prior 
fiscal year. 
‘‘(B) CONTENTS.—An annual report described in 
subparagraph (A) shall include, with respect to the prior 
fiscal year— 
‘‘(i) a list that contains a description of each pro-
gram, country, and commodity approved for assistance 
under section 207; and 
‘‘(ii) a statement that contains a description of 
the total amount of funds approved for transportation 
and administrative 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 
inserting 
‘‘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’’.
H. R. 6124—179 
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 emergency 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 established under 
title III; and 
‘‘(C) to make payments to the Commodity Credit Cor-
poration to the extent the Commodity Credit Corporation 
is not reimbursed under the programs under this Act for 
the actual costs incurred or to be incurred by the Com-
modity Credit Corporation in carrying out such programs.’’. 
SEC. 3021. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE. 
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 ASSISTANCE.— 
‘‘(1) FUNDS AND COMMODITIES.—Of the amounts made avail-
able 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 
fiscal year 2011, and $450,000,000 for fiscal year 2012 shall 
be expended for nonemergency food assistance programs under 
title II. 
‘‘(2) EXCEPTION.—The President may use less than the 
amount specified in paragraph (1) in a fiscal year for non-
emergency food assistance programs under title II only if— 
‘‘(A) the President has made a determination 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 Congress a supple-
mental 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 deter-
mination has been made.’’. 
SEC. 3022. COORDINATION OF FOREIGN ASSISTANCE PROGRAMS. 
Section 413 of the Food for Peace Act (7 U.S.C. 1736g) is 
amended— 
(1) by striking ‘‘To the maximum’’ and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—To the maximum’’; and 
(2) by adding at the end the following: 
‘‘(b) REPORT REGARDING EFFORTS TO IMPROVE PROCUREMENT 
PLANNING.—
H. R. 6124—180 
‘‘(1) REPORT REQUIRED.—Not later than 90 days after the 
date of enactment of the Food, Conservation, and Energy Act 
of 2008, the Administrator and the Secretary shall submit 
to each appropriate committee of Congress a report that con-
tains a description of each effort taken by the Administrator 
and the Secretary to improve planning for food and transpor-
tation procurement (including efforts to eliminate bunching 
of food purchases). 
‘‘(2) CONTENTS.—A report required under paragraph (1) 
should include a description of each effort taken by the Adminis-
trator and the Secretary— 
‘‘(A) to improve the coordination of food purchases 
made by— 
‘‘(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 analyses and fore-
casting; 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 Sep-
tember 30, 2003, the Administrator, 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: 
‘‘(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 ‘Micro-
nutrient Compliance Review of Fortified Public Law 480 
Commodities’, published in October 2001, with implementa-
tion by independent entities with proven experience and 
expertise in food aid commodity quality enhancements.’’; 
(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 paragraph (2)), 
by striking ‘‘2007’’ and inserting ‘‘2012’’. 
SEC. 3024. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-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 matter preceding para-
graph (1)— 
(1) by striking ‘‘not less than’’ and inserting ‘‘not less than 
the greater of $10,000,000 or’’; and
H. R. 6124—181 
(2) by striking ‘‘2002 through 2007’’ and inserting ‘‘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 para-
graph (1) and inserting the following: 
‘‘(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 Carib-
bean Basin countries; and 
‘‘(B) $5,000,000 for other developing or middle-income 
countries or emerging markets not described in subpara-
graph (A).’’. 
Subtitle B—Agricultural Trade Act of 1978 
and Related Statutes 
SEC. 3101. EXPORT CREDIT GUARANTEE PROGRAM. 
(a) REPEAL
OF SUPPLIER CREDIT GUARANTEE PROGRAM
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 paragraph (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 sub-
sections (b) through (j), respectively; and 
(4) by adding at the end the following: 
‘‘(k) ADMINISTRATION.— 
‘‘(1) DEFINITION OF LONG TERM.—In this subsection, the 
term ‘long term’ means a period of 10 or more years. 
‘‘(2) GUARANTEES.—In administering the export credit 
guarantees authorized under this section, the Secretary shall— 
‘‘(A) maximize the export sales of agricultural commod-
ities; 
‘‘(B) maximize the export credit guarantees that are 
made available and used during the course of a fiscal 
year; 
‘‘(C) develop an approach to risk evaluation that facili-
tates accurate country risk designations and timely adjust-
ments to the designations (on an ongoing basis) in response 
to material changes in country risk conditions, with ongoing 
opportunity for input and evaluation from the private 
sector; 
‘‘(D) adjust risk-based guarantees as necessary to 
ensure program effectiveness and United States competi-
tiveness; 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 Agricultural Trade 
Act of 1978 (7 U.S.C. 5641) is amended by striking subsection 
(b) and inserting the following:
H. R. 6124—182 
‘‘(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 Com-
modity Credit Corporation can make available using budget 
authority of $40,000,000 for each fiscal year for the costs 
of the credit guarantees; and 
‘‘(B) the amount of credit guarantees that the Com-
modity Credit Corporation can make available using unobli-
gated budget authority for prior fiscal years.’’. 
(c) CONFORMING AMENDMENTS.—Section 202 of the Agricultural 
Trade Act of 1978 (7 U.S.C. 5622) is amended— 
(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 subsection (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 ‘‘sub-
section (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 commod-
ities that are organically 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 Agricultural 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, respectively; 
(3) in section 302 (as redesignated by paragraph (2)), by 
striking ‘‘, such as that established under section 301,’’; 
(4) in section 401 (7 U.S.C. 5661)— 
(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
H. R. 6124—183 
(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 ‘‘Com-
mittee on International Relations’’ 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 AFRICA.—The 
Food for Progress Act of 1985 (7 U.S.C. 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 agriculture; 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 car-
ried 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 PROGRAM. 
Section 3107 of the Farm Security and Rural Investment Act 
of 2002 (7 U.S.C. 1736o–1) is amended— 
(1) in subsections (b), (c)(2)(B), (f)(1), (h), (i), and (l)(1), 
by striking ‘‘President’’ each place it appears and inserting 
‘‘Secretary’’; 
(2) in subsection (d), by striking ‘‘The President shall des-
ignate 1 or more Federal agencies’’ and inserting ‘‘The Secretary 
shall’’; 
(3) in paragraph (f)(2), by striking ‘‘implementing agency’’ 
and inserting ‘‘Secretary’’; and 
(4) in subsection (l)— 
(A) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(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’’.
H. R. 6124—184 
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 subparagraph (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 equivalent 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 
‘‘(iii) to maximize the value of the trust, in accord-
ance 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 inserting ‘‘(c)(1)’’; 
and 
(III) by striking ‘‘and’’ at the end; 
(ii) in clause (ii), by striking the period at the 
end and inserting ‘‘; or’’; and 
(iii) by adding at the end the following: 
‘‘(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 ASSISTANCE.— 
‘‘(A) DEFINITION OF EMERGENCY.— 
‘‘(i) IN
GENERAL.—In this paragraph, the term 
‘emergency’ means an urgent situation— 
‘‘(I) in which there is clear evidence that an 
event or series of events described in clause (ii) 
has occurred— 
‘‘(aa) that causes human suffering; and 
‘‘(bb) for which a government 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—
H. R. 6124—185 
‘‘(I) a sudden calamity, such as an earthquake, 
flood, locust infestation, or similar unforeseen dis-
aster; 
‘‘(II) a human-made emergency resulting in— 
‘‘(aa) a significant influx of refugees; 
‘‘(bb) the internal displacement of popu-
lations; or 
‘‘(cc) the suffering of otherwise 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 vulnerable popu-
lations to meet food needs; and 
‘‘(IV) severe food access or availability condi-
tions resulting from sudden 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 commodities held 
in the trust may be released to provide food, and 
cover any associated 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 period immediately preceding 
the emergency; 
‘‘(II) to respond to an emergency; or 
‘‘(III) for recovery and rehabilitation after an 
emergency. 
‘‘(ii) PROCEDURE.—A release under clause (i) shall 
be carried out in the same manner, and pursuant 
to the same authority 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 determination by the Administrator that 
funds available 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 REQUIRE-
MENTS.—Nothing in this paragraph requires a waiver by 
the Administrator 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), respectively; 
(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 ‘‘provide—’’ and inserting the 
following: 
‘‘(d) MANAGEMENT OF TRUST.—
H. R. 6124—186 
‘‘(1) IN
GENERAL.—The Secretary shall provide for the 
management of eligible commodities and funds held in the 
trust in a manner that is consistent with maximizing the value 
of the trust, as determined by the Secretary. 
‘‘(2) ELIGIBLE COMMODITIES.—The Secretary shall provide— 
’’; 
(C) in paragraph (2) (as redesignated by subparagraph 
(B))— 
(i) in subparagraph (B) (as redesignated by 
subparagraph (A)), by striking ‘‘and’’ at the end; and 
(ii) in subparagraph (C) (as redesignated 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 subsection (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 
subsection (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 secu-
rity insured by the Federal Government in which a regu-
lated insurance company may invest under the laws of 
the District of Columbia.’’; and 
(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 collections; 
(2) the documentation and cataloguing of the genetics and 
characteristics of conserved seeds to ensure efficient reference 
for researchers, plant breeders, 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 breeders, 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 seeds, in the case 
of natural or man-made disasters; and 
(6) oversight designed to ensure international coordination 
of those actions and efficient, public accessibility to that diver-
sity through a cost-effective system. 
(b) UNITED STATES CONTRIBUTION LIMIT.—The aggregate con-
tributions of funds of the Federal Government provided to the 
Trust shall not exceed 25 percent of the total amount of funds 
contributed to the Trust from all sources.
H. R. 6124—187 
(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 Investment 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 appro-
priate committees of Congress a report that contains, for the period 
covered by the report, 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 authorities 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 GUARANTEE LOAN PRO-
GRAM. 
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’’; 
(2) in subsection (b)— 
(A) in the first sentence, by redesignating paragraphs 
(1) and (2) as subparagraphs (A) and (B), respectively, 
and indenting appropriately; 
(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 inserting the following: 
‘‘(2) PRIORITY.—The Commodity Credit Corporation’’; 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. 
‘‘(4) TERM OF GUARANTEE.—A facility payment 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
H. R. 6124—188 
‘‘(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 IMPORTED AGRICUL-
TURAL 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 Conven-
tion 182, the Convention Concerning the Prohibition and Imme-
diate Action for the Elimination of the Worst Forms of Child 
Labor, done at Geneva on June 17, 1999. 
(2) CONSULTATIVE GROUP.—The term ‘‘Consultative 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— 
(A) that is exacted from any individual under menace 
of any penalty for nonperformance 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 Traf-
ficking Victims Protection Act of 2000 (22 U.S.C. 
7102)); and 
(B) by 1 or more individuals who, at the time of per-
forming the work or service, were being subjected to a 
severe form of trafficking in persons (as that term is defined 
in that section). 
(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 Agricultural Products’’ to develop 
recommendations relating to guidelines to reduce the likelihood 
that agricultural products or commodities imported into the United 
States are produced with the use of forced labor and child labor. 
(c) DUTIES.— 
(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 Protection Act of 2000 (22 U.S.C. 
7103(d)), as applicable to the importation of agricultural prod-
ucts made with the use of child labor or forced labor, the 
Consultative Group shall develop, and submit to the Secretary, 
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 prod-
ucts or commodities imported into the United States are pro-
duced 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 Secretary shall release guidelines for 
a voluntary initiative to enable entities to address issues
H. R. 6124—189 
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 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 Agri-
culture, as determined by the Secretary; 
(2) 1 member shall be the Deputy Under Secretary 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 agriculture-related 
enterprises, which may include retailers, food processors, 
importers, and producers, of whom at least 1 member shall 
be an importer, food processor, or retailer who utilizes inde-
pendent, third-party supply chain monitoring for forced labor 
or child labor; 
(5) 2 members shall represent institutions of higher edu-
cation and research institutions, as determined 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 services for labor stand-
ards for producers or importers of agricultural commodities 
or products; and 
(7) 3 members shall represent organizations described 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 conflict of interest associated with establish-
ment of the guidelines issued under subsection (c)(2), as deter-
mined by the Bureau of International Labor Affairs of the 
Department of Labor, including representatives from consumer 
organizations and trade unions, if appropriate. 
(e) CHAIRPERSON.—A representative of the Department of Agri-
culture appointed under subsection (d)(1), as determined by the 
Secretary, shall serve as the chairperson of the Consultative Group. 
(f) REQUIREMENTS.—Not less than 4 times per year, the 
Consultative Group shall meet at the call of the Chairperson, after 
reasonable notice to all members, to develop recommendations 
described in subsection (c)(1). 
(g) NONAPPLICABILITY OF FACA.—The Federal Advisory Com-
mittee 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 through December 
31, 2012, the Secretary shall submit to the Committees on Agri-
culture and Foreign Affairs of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry of the Senate 
a report describing the activities and recommendations of the 
Consultative Group. 
(i) TERMINATION OF AUTHORITY.—The Consultative Group shall 
terminate on December 31, 2012.
H. R. 6124—190 
SEC. 
3206. 
LOCAL 
AND 
REGIONAL 
FOOD 
AID 
PROCUREMENT 
PROJECTS. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ 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, Nutrition, and For-
estry of the Senate; 
(B) the Committee on Agriculture of the House of Rep-
resentatives; and 
(C) the Committee on Foreign Affairs of the House 
of Representatives. 
(3) ELIGIBLE COMMODITY.—The term ‘‘eligible commodity’’ 
means an agricultural commodity (or the product of an agricul-
tural 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 determined by the Secretary. 
(4) ELIGIBLE ORGANIZATION.—The term ‘‘eligible organiza-
tion’’ 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 organizations, 
subject to regulations promulgated or guidelines issued 
to carry out this section, including United States audit 
requirements that are applicable to nongovernmental 
organizations. 
(b) STUDY; FIELD-BASED PROJECTS.— 
(1) STUDY.— 
(A) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Secretary shall initiate 
a study of prior local and 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 Secretary shall submit to 
the appropriate committees 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 ADMINISTRATOR.—In carrying 
out the development and implementation of field-based 
projects under subparagraph (A), the Secretary shall con-
sult with the Administrator. 
(c) PROCUREMENT.—
H. R. 6124—191 
(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 method-
ology to provide adequate information regarding the manner 
by which to expedite, to the maximum extent practicable, the 
provision of food aid to affected populations without signifi-
cantly increasing commodity costs for low-income consumers 
who procure commodities 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 procure-
ment 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 
(ii) any country in the region in which the eligible 
commodity may be procured. 
(B) TRANSSHIPMENT.—The Secretary shall, in accord-
ance with such terms and conditions as the Secretary con-
siders to be appropriate, require from each eligible 
organization commitments designed to prevent or restrict— 
(i) the resale or transshipment of any eligible com-
modity procured under this section to any country other 
than the recipient country; and 
(ii) the use of the eligible commodity for any pur-
pose other than food aid. 
(C) WORLD PRICES.— 
(i) IN GENERAL.—In carrying out this section, the 
Secretary shall take any precaution that the Secretary 
considers to be reasonable to ensure that the procure-
ment of eligible commodities will not unduly disrupt— 
(I) world prices for agricultural commodities; 
or 
(II) normal patterns of commercial trade with 
foreign countries. 
(ii) PROCUREMENT PRICE.—The procurement 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 deter-
mined by the Secretary. 
(d) REGULATIONS; GUIDELINES.— 
(1) IN GENERAL.—In accordance with paragraph (2), not 
later than 180 days after the date of completion of the study 
under subsection (b)(1), the Secretary shall promulgate regula-
tions or issue guidelines to carry out field-based projects under 
this section. 
(2) REQUIREMENTS.— 
(A) USE OF STUDY.—In promulgating regulations 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
H. R. 6124—192 
Secretary shall provide an opportunity for public review 
and comment. 
(3) AVAILABILITY.—The Secretary shall not approve the 
procurement of any eligible commodity under this section until 
the date on which the Secretary promulgates regulations or 
issues guidelines under paragraph (1). 
(e) FIELD-BASED PROJECT GRANTS
OR COOPERATIVE AGREE-
MENTS.— 
(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 ORGANIZATIONS.— 
(A) APPLICATION.— 
(i) IN GENERAL.—To be eligible to receive a grant 
from, or enter into a cooperative agreement with, the 
Secretary under this subsection, an eligible organiza-
tion shall submit to the Secretary an application by 
such date, in such manner, and containing such 
information as the Secretary may require. 
(ii) OTHER APPLICABLE REQUIREMENTS.—Any other 
applicable requirement relating to the submission of 
proposals for consideration shall apply to the submis-
sion 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 con-
taining 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 subpara-
graph (B), in selecting proposals for field-based projects 
to fund under this section, the Secretary shall select 
a diversity of projects, including projects located in— 
(I) food surplus regions; 
(II) food deficit regions (that are carried out 
using regional procurement methods); and 
(III) multiple geographical regions. 
(ii) PRIORITY.—In selecting proposals for field- 
based projects under clause (i), the Secretary shall 
ensure that the majority of selected proposals are for 
field-based projects that— 
(I) are located in Africa; and 
(II) procure eligible commodities that are pro-
duced in Africa. 
(B) DEVELOPMENT ASSISTANCE.—A portion 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
H. R. 6124—193 
on which the Secretary promulgates regulations or issues guide-
lines under subsection (d)(1). 
(f) INDEPENDENT EVALUATIONS; REPORT.— 
(1) INDEPENDENT EVALUATIONS.— 
(A) IN GENERAL.—Not later than November 1, 2011, 
the Secretary shall ensure that an independent third party 
conducts an independent 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 develop— 
(i) with respect to each relevant market 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 procurement of the 
eligible commodity on producer and consumer 
prices in the market; 
(III) each government market interference or 
other activity of the donor country that might have 
significantly affected the supply or demand of the 
eligible commodity in the area at which the local 
or regional procurement occurred; 
(IV) the quantities and types of eligible 
commodities procured in the market; 
(V) the time frame for procurement of each 
eligible commodity; and 
(VI) the total cost of the procurement of each 
eligible commodity (including storage, handling, 
transportation, and administrative costs); 
(ii) an assessment regarding— 
(I) whether the requirements of this section 
have been met; 
(II) the impact of different methodologies and 
approaches on— 
(aa) local and regional agricultural pro-
ducers (including large and small agricultural 
producers); 
(bb) markets; 
(cc) low-income consumers; and 
(dd) program recipients; and 
(III) the length of the period beginning on 
the date on which the Secretary initiated the 
procurement process and ending on the date of 
delivery of eligible commodities; 
(iii) a comparison of different methodologies used 
to carry out this section, with respect to— 
(I) the benefits to local agriculture; 
(II) the impact on markets and consumers; 
(III) the period of time required for procure-
ment and delivery; 
(IV) quality and safety assurances; and 
(V) implementation costs; and
H. R. 6124—194 
(iv) to the extent adequate information is available 
(including the results of the report required under 
subsection (b)(1)(B)), a comparison of the different 
methodologies used by other donor countries to make 
local and regional procurements. 
(C) INDEPENDENT
THIRD
PARTY
ACCESS
TO
RECORDS 
AND REPORTS.—The Secretary shall provide to the inde-
pendent third party access to each record and report that 
the independent third party determines to be necessary 
to complete the independent evaluation. 
(D) PUBLIC ACCESS TO RECORDS AND REPORTS.—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 enact-
ment 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 authorities 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) $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. 
‘‘SEC. 802. DEFINITIONS. 
‘‘In this title:
H. R. 6124—195 
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘appropriate congressional committees’ 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 before entering the United States. 
‘‘(3) CUSTOMS LAWS OF THE UNITED STATES.—The term ‘cus-
toms laws of the United States’ means any law or regulation 
enforced or administered by U.S. Customs and Border Protec-
tion. 
‘‘(4) EXPORT CHARGES.—The term ‘export charges’ means 
any tax, charge, or other fee collected 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: 
‘‘(i) In the case of softwood lumber or a softwood 
lumber product that has undergone only primary proc-
essing, the value that would be determined F.O.B. 
at the facility 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 determined F.O.B. at the facility where 
the lumber or product underwent the last primary 
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 standing timber directly 
from the country of export. 
‘‘(iii)(I) In the case of softwood lumber 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 before 
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 provided 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 standing timber directly from 
the country of export.
H. R. 6124—196 
‘‘(B) RELATED
PERSONS.—For purposes of this para-
graph, a person is related to another person if— 
‘‘(i) the person bears a relationship to such other 
person described in section 152(a) of the Internal Rev-
enue Code of 1986; 
‘‘(ii) the person bears a relationship to such other 
person described in section 267(b) of such Code, except 
that ‘5 percent’ shall be substituted for ‘50 percent’ 
each place it appears; 
‘‘(iii) the person and such other person are part 
of a controlled group of corporations, as that term 
is defined in section 1563(a) of such Code, except that 
‘5 percent’ shall be substituted for ‘80 percent’ each 
place it appears; 
‘‘(iv) the person is an officer or director of such 
other person; or 
‘‘(v) the person is the employer of such other per-
son. 
‘‘(C) TENURE RIGHTS.—For purposes of this paragraph, 
the term ‘tenure rights’ means rights to harvest timber 
from public land granted by the country of export. 
‘‘(D) EXPORT PRICE WHERE F.O.B. VALUE CANNOT BE 
DETERMINED.— 
‘‘(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 market price shall be deter-
mined in the following order of preference: 
‘‘(I) The market price for the lumber or a 
product sold at substantially the same level of 
trade as the exported lumber or product but in 
different quantities. 
‘‘(II) The market price for the lumber or a 
product sold at a different level of trade than the 
exported lumber or product but in similar quan-
tities. 
‘‘(III) The market price for the lumber or a 
product sold at a different level of trade than the 
exported lumber or product and in different quan-
tities. 
‘‘(ii) LEVEL OF TRADE.—For purposes of clause (i), 
‘level of trade’ shall be determined in the same manner 
as provided 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, including those charges 
incurred in the placement of merchandise on board of a convey-
ance for shipment, but does not include the actual shipping 
charges or any applicable export charges. 
‘‘(7) HTS.—The term ‘HTS’ means the Harmonized Tariff 
Schedule of the United States (19 U.S.C. 1202) (as in effect 
on January 1, 2008).
H. R. 6124—197 
‘‘(8) PERSON.—The term ‘person’ includes any individual, 
partnership, corporation, association, organization, business 
trust, government entity, or other entity subject to the jurisdic-
tion 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. 
‘‘SEC. 803. ESTABLISHMENT OF SOFTWOOD LUMBER IMPORTER DEC-
LARATION PROGRAM. 
‘‘(a) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) IN GENERAL.—The President shall establish and main-
tain 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 require importers of softwood lumber and softwood lumber 
products described in section 804(a) to provide 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, applicable to each 
shipment of softwood lumber or softwood lumber products as 
calculated by applying the percentage determined and pub-
lished by the Under Secretary for International Trade of the 
Department of Commerce pursuant to section 805 to the export 
price provided in subsection (b)(1). 
‘‘(c) IMPORTER DECLARATIONS.—Pursuant to procedures pre-
scribed by the President, any person seeking to import softwood 
lumber or softwood lumber products described in section 804(a) 
shall declare that— 
‘‘(1) the person has made appropriate inquiry, including 
seeking appropriate documentation from the exporter and con-
sulting the determinations published by the Under Secretary 
for International Trade of the Department of Commerce pursu-
ant 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 pro-
vided 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 
‘‘(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
H. R. 6124—198 
under an international agreement entered into by the 
country of export and the United States; and 
‘‘(ii) consistent with the export charge determina-
tions published by the Under Secretary for Inter-
national Trade pursuant to section 805(b). 
‘‘SEC. 804. SCOPE OF SOFTWOOD LUMBER IMPORTER DECLARATION 
PROGRAM. 
‘‘(a) PRODUCTS INCLUDED IN PROGRAM.—The following products 
shall be subject to the importer declaration program established 
under section 803: 
‘‘(1) IN GENERAL.—All softwood lumber and softwood lumber 
products classified under subheading 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 planed, sanded, or finger- 
jointed, of a thickness exceeding 6 millimeters. 
‘‘(B) Coniferous wood siding (including strips and 
friezes for parquet flooring, not assembled) 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 assembled) 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, sanded, or finger-jointed. 
‘‘(D) Coniferous wood flooring (including strips and 
friezes for parquet flooring, not assembled) 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. 
‘‘(E) Coniferous drilled and notched lumber and angle 
cut lumber. 
‘‘(2) PRODUCTS CONTINUALLY SHAPED.—Any product classi-
fied 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 pro-
vided in subsection (b) or (c), softwood lumber products that 
are stringers, radius-cut box-spring frame components, fence 
pickets, truss components, 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 prod-
ucts shall be excluded from the importer declaration program estab-
lished under section 803: 
‘‘(1) Trusses and truss kits, properly classified under sub-
heading 4418.90 of the HTS. 
‘‘(2) I-joist beams. 
‘‘(3) Assembled box-spring frames. 
‘‘(4) Pallets and pallet kits, properly classified under sub-
heading 4415.20 of HTS. 
‘‘(5) Garage doors.
H. R. 6124—199 
‘‘(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 sub-
chapter 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 section 803: 
‘‘(1) STRINGERS.—Stringers (pallet components used for run-
ners), 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 
subheading 
4421.90.97.40 of the HTS. 
‘‘(2) BOX-SPRING FRAME KITS.— 
‘‘(A) IN GENERAL.—Box-spring frame kits, if— 
‘‘(i) the kits contain— 
‘‘(I) 2 wooden side rails; 
‘‘(II) 2 wooden end (or top) rails; and 
‘‘(III) varying numbers of wooden 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 packaged, 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 con-
tained in the package may exceed 1 inch in actual thickness 
or 83 inches in length. 
‘‘(3) RADIUS-CUT BOX-SPRING FRAME COMPONENTS.—Radius- 
cut box-spring frame components, not exceeding 1 inch in actual 
thickness or 83 inches in length, ready for assembly without 
further processing, 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 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 decora-
tive 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 triangles with sides measuring 3⁄4 of 
an inch or more. 
‘‘(5) UNITED STATES-ORIGIN LUMBER.—Lumber originating 
in the United States that is exported to another country for 
minor processing and imported into the United States if— 
‘‘(A) the processing occurring in another country is 
limited to kiln drying, planing to create smooth-to-size 
board, and sanding; and
H. R. 6124—200 
‘‘(B) the importer establishes to the satisfaction of U.S. 
Customs and Border Protection upon entry that the lumber 
originated in the United States. 
‘‘(6) SOFTWOOD LUMBER.—Any softwood lumber or softwood 
lumber product that originated in the United States, if the 
importer, exporter, foreign processor, or original United States 
producer establishes to the satisfaction of U.S. Customs and 
Border Protection upon entry that the softwood lumber 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. 
‘‘(iii) Prior to importation, the package or kit is 
sold to a United States retailer 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 entered as part 
of the package or kit, whether 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 blueprint matching the 
U.S. Customs and Border Protection import entry. 
‘‘(B) ADDITIONAL DOCUMENTATION REQUIRED 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. Customs and Border 
Protection upon request: 
‘‘(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 retailer 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.
H. R. 6124—201 
‘‘(iv) If a single contract involves multiple 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 determining if a 
product is covered by the importer declaration program, the Presi-
dent shall be guided by the article descriptions provided in this 
section. 
‘‘SEC. 805. EXPORT CHARGE DETERMINATION AND PUBLICATION. 
‘‘(a) DETERMINATION.—The Under Secretary for International 
Trade of the Department of Commerce shall determine, on a 
monthly basis, any export charges (expressed 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 agree-
ment entered into by that country and the United States. 
‘‘(b) PUBLICATION.—The Under Secretary for International 
Trade shall immediately publish any determination made under 
subsection (a) on the website of the International Trade Administra-
tion of the Department of Commerce, and in any other manner 
the Under Secretary considers appropriate. 
‘‘SEC. 806. RECONCILIATION. 
‘‘The Secretary of the Treasury shall conduct reconciliations 
to ensure the proper implementation and operation 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 following: 
‘‘(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. 
‘‘(2) The export price declared by a United States importer 
pursuant to section 803(b)(1) with the revised export price 
reported to the United States by the country of export, if 
any. 
‘‘SEC. 807. VERIFICATION. 
‘‘(a) IN GENERAL.—The Secretary of Treasury shall periodically 
verify the declarations made by a United States importer pursuant 
to section 803(c), including by determining whether— 
‘‘(1) the export price declared by a United States importer 
pursuant to section 803(b)(1) is the same as the export price 
provided on the export permit, if any, issued by the country 
of export; and 
‘‘(2) the estimated export charge declared by a United 
States importer pursuant to section 803(b)(2) is consistent with 
the determination published by the Under Secretary for Inter-
national Trade pursuant to section 805(b). 
‘‘(b) EXAMINATION OF BOOKS AND RECORDS.— 
‘‘(1) IN GENERAL.—Any record relating to the importer dec-
laration program required under section 803 shall be treated 
as a record required to be maintained and produced under 
title V of this Act. 
‘‘(2) EXAMINATION
OF
RECORDS.—The Secretary of the 
Treasury is authorized to take such action, and examine such
H. R. 6124—202 
records, under section 509 of this Act, as the Secretary deter-
mines 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 person 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 liable for a civil penalty 
not to exceed $10,000 for each knowing violation. 
‘‘(c) OTHER PENALTIES.—In addition to the penalties 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 for-
feiture, that may be imposed 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 PENALTIES.—In deter-
mining 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 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 provision 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 accord-
ance 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 Presi-
dent shall submit to the appropriate congressional committees a 
report— 
‘‘(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 conducted 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 encountered 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 provide to the appropriate congres-
sional committees a report on any subsidies on softwood lumber
H. R. 6124—203 
or softwood lumber products, including stumpage subsidies, pro-
vided by countries of export. 
‘‘(c) GAO REPORTS.—The Comptroller General of the United 
States shall submit the following reports to the appropriate congres-
sional committees: 
‘‘(1) Not later than 18 months after the date of the enact-
ment of this title, a report on the effectiveness of the reconcili-
ations conducted under section 806, and verifications conducted 
under section 807. 
‘‘(2) Not later than 12 months after the date of the enact-
ment 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 Nutri-
tion Act of 2008’’. 
(b) PROGRAM.—The Food and Nutrition Act of 2008 (7 U.S.C. 
2011 et seq.) (as amended by subsection (a)) is amended by striking 
‘‘food stamp program’’ each place it appears and inserting ‘‘supple-
mental nutrition assistance 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 NUTRI-
TION ASSISTANCE PROGRAM’’. 
(2) Section 5(h)(2)(A) of the Food and Nutrition 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 bene-
fits’’ and inserting ‘‘supplemental nutrition assistance 
program benefits’’; and 
(ii) in paragraph (6)— 
(I) in subparagraph (A)—
H. R. 6124—204 
(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 preceding sub-
clause (I), by striking ‘‘a food stamp 
recipient’’ and inserting ‘‘a member of a 
household that receives supplemental 
nutrition assistance program benefits’’; 
and 
(BB) by striking ‘‘food stamp benefits’’ 
each place it appears and inserting 
‘‘supplemental nutrition assistance pro-
gram benefits’’; and 
(II) in subparagraphs (D) and (E), by striking 
‘‘food stamp recipients’’ each place it appears and 
inserting ‘‘members of households that receive 
supplemental nutrition assistance program bene-
fits’’. 
(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 nutrition assistance program benefits’’; 
and 
(ii) in paragraph (7), by striking ‘‘food stamp 
issuance’’ and inserting ‘‘supplemental nutrition assist-
ance issuance’’; and 
(B) in subsection (k)— 
(i) in paragraph (2), by striking ‘‘food stamp bene-
fits’’ and inserting ‘‘supplemental nutrition assistance 
program benefits’’; 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 house-
holds’’ and inserting ‘‘households that receive supplemental 
nutrition assistance program benefits’’. 
(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 ‘‘supplemental nutrition assistance pro-
gram benefits’’; 
(ii) by striking ‘‘food stamp offices’’ each place it 
appears and inserting ‘‘supplemental nutrition assist-
ance program offices’’; 
(iii) by striking ‘‘food stamp office’’ each place it 
appears and inserting ‘‘supplemental nutrition assist-
ance program office’’; and 
(iv) in paragraph (25)— 
(I) in the matter preceding subparagraph (A), 
by striking ‘‘Simplified Food Stamp Program’’ and 
inserting 
‘‘Simplified 
Supplemental 
Nutrition 
Assistance Program’’; and
H. R. 6124—205 
(II) in subparagraph (A), by striking ‘‘food 
stamp benefits’’ and inserting ‘‘supplemental nutri-
tion assistance program benefits’’; 
(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 assistance program benefits’’; 
(C) in subsection (l), by striking ‘‘food stamp participa-
tion’’ and inserting ‘‘supplemental nutrition assistance pro-
gram participation’’; 
(D) in subsections (q) and (r), in the subsection 
headings, by striking ‘‘FOOD STAMPS’’ each place it appears 
and inserting ‘‘BENEFITS’’; 
(E) in subsection (s), by striking ‘‘food stamp benefits’’ 
each place it appears and inserting ‘‘supplemental nutrition 
assistance program benefits’’; and 
(F) in subsection (t)(1)— 
(i) in subparagraph (A), by striking ‘‘food stamp 
application’’ and inserting ‘‘supplemental nutrition 
assistance program application’’; and 
(ii) in subparagraph (B), by striking ‘‘food stamp 
benefits’’ and inserting ‘‘supplemental nutrition assist-
ance program benefits’’. 
(7) Section 14(b) of the Food and Nutrition Act of 2008 
(7 U.S.C. 2023(b)) is amended by striking ‘‘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 supplemental nutrition assistance 
program’’; 
(B) in subsection (c)(9)(C), by striking ‘‘food stamp case-
load’’ and inserting ‘‘the caseload under the supplemental 
nutrition assistance program’’; and 
(C) in subsection (h)(1)(E)(i), by striking ‘‘food stamp 
recipients’’ and inserting ‘‘members of households receiving 
supplemental nutrition 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 bene-
fits’’ each place it appears and inserting ‘‘supplemental 
nutrition assistance program benefits’’; 
(B) in subsection (b)— 
(i) in paragraph (1)— 
(I) in subparagraph (A), by striking ‘‘food 
stamp benefits’’ and inserting ‘‘supplemental nutri-
tion assistance program benefits’’; and 
(II) in subparagraph (B)— 
(aa) in clause (ii)(II), by striking ‘‘food 
stamp recipients’’ and inserting ‘‘supplemental 
nutrition assistance program recipients’’; 
(bb) in clause (iii)(I), by striking ‘‘the 
State’s food stamp households’’ and inserting 
‘‘the number of households in the State 
receiving supplemental nutrition assistance 
program benefits’’; and
H. R. 6124—208 
(M) in each applicable subsection and appropriations 
heading, by striking ‘‘FOOD STAMPS’’ each place it appears 
and inserting ‘‘SUPPLEMENTAL NUTRITION ASSISTANCE PRO-
GRAM BENEFITS’’; and 
(N) in each applicable heading other than a title, sub-
title, chapter, subchapter, section, subsection, or appropria-
tions heading, by striking ‘‘FOOD STAMPS’’ each place it 
appears and inserting ‘‘SUPPLEMENTAL NUTRITION ASSIST-
ANCE PROGRAM BENEFITS’’. 
(2) PROVISIONS OF LAW.—The provisions of law referred 
to in paragraph (1) are the following: 
(A) The Hunger Prevention Act of 1988 (Public Law 
100–435; 102 Stat. 1645). 
(B) The Food Stamp Program Improvements Act of 
1994 (Public Law 103–225; 108 Stat. 106). 
(C) Title IV of the Farm Security and Rural Investment 
Act of 2002 (Public Law 107–171; 116 Stat. 305). 
(D) Section 2 of Public Law 103–205 (7 U.S.C. 2012 
note). 
(E) Section 807(b) of the Stewart B. McKinney Home-
less Assistance Act (7 U.S.C. 2014 note; Public Law 100– 
77). 
(F) The Electronic Benefit Transfer Interoperability 
and Portability Act of 2000 (Public Law 106–171; 114 Stat. 
3). 
(G) Section 502(b) of the Agricultural Research, Exten-
sion, and Education Reform Act of 1998 (7 U.S.C. 2025 
note; Public Law 105–185). 
(H) The National Agricultural Research, Extension, 
and Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.). 
(I) The Emergency Food Assistance Act of 1983 (7 
U.S.C. 7501 et seq.). 
(J) The Immigration and Nationality Act (8 U.S.C. 
1101 et seq.). 
(K) Section 8119 of the Department of Defense Appro-
priations Act, 1999 (10 U.S.C. 113 note; Public Law 105– 
262). 
(L) The Armored Car Industry Reciprocity Act of 1993 
(15 U.S.C. 5901 et seq.). 
(M) Title 18, United States Code. 
(N) The Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.). 
(O) The Internal Revenue Code of 1986. 
(P) Section 650 of the Treasury and General Govern-
ment Appropriations Act, 2000 (26 U.S.C. 7801 note; Public 
Law 106–58). 
(Q) The Wagner-Peysner Act (29 U.S.C. 49 et seq.). 
(R) The Workforce Investment Act of 1998 (29 U.S.C. 
2801 et seq.). 
(S) Title 31, United States Code. 
(T) Title 37, United States Code. 
(U) The Public Health Service Act (42 U.S.C. 201 et 
seq.). 
(V) Titles II through XIX of the Social Security Act 
(42 U.S.C. 401 et seq.). 
(W) Section 406 of the Family Support Act of 1988 
(Public Law 100–485; 102 Stat. 2400).
H. R. 6124—209 
(X) Section 232 of the Social Security Act Amendments 
of 1994 (42 U.S.C. 1314a). 
(Y) The United States Housing Act of 1937 (42 U.S.C. 
1437 et seq.). 
(Z) The Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.). 
(AA) The Child Nutrition Act of 1966 (42 U.S.C. 1771 
et seq.). 
(BB) The Older Americans Act of 1965 (42 U.S.C. 3001 
et seq.). 
(CC) Section 208 of the Intergovernmental Personnel 
Act of 1970 (42 U.S.C. 4728). 
(DD) The Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.). 
(EE) The Low-Income Home Energy Assistance Act 
of 1981 (42 U.S.C. 8621 et seq.). 
(FF) Section 658K of the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9858i). 
(GG) The Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.). 
(HH) Public Law 95–348 (92 Stat. 487). 
(II) The Agriculture and Food Act of 1981 (Public Law 
97–98; 95 Stat. 1213). 
(JJ) The Disaster Assistance Act of 1988 (Public Law 
100–387; 102 Stat. 924). 
(KK) The Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101–624; 104 Stat. 3359). 
(LL) The Cranston-Gonzalez National Affordable 
Housing Act (Public Law 101–625; 104 Stat. 4079). 
(MM) Section 388 of the Persian Gulf Conflict Supple-
mental Authorization and Personnel Benefits Act of 1991 
(Public Law 102–25; 105 Stat. 98). 
(NN) The Food, Agriculture, Conservation, and Trade 
Act Amendments of 1991 (Public Law 102–237; 105 Stat. 
1818). 
(OO) The Act of March 26, 1992 (Public Law 102– 
265; 106 Stat. 90). 
(PP) Public Law 105–379 (112 Stat. 3399). 
(QQ) Section 101(c) of the Emergency Supplemental 
Act, 2000 (Public Law 106–246; 114 Stat. 528). 
(c) REFERENCES.—Any reference in any Federal, State, tribal, 
or local law (including regulations) to the ‘‘food stamp program’’ 
established under the Food and Nutrition Act of 2008 (7 U.S.C. 
2011 et seq.) shall be considered to be a reference to the ‘‘supple-
mental nutrition assistance program’’ established under that Act. 
PART II—BENEFIT IMPROVEMENTS 
SEC. 4101. EXCLUSION OF CERTAIN MILITARY PAYMENTS FROM 
INCOME. 
Section 5(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2014(d)) is amended— 
(1) by striking ‘‘(d) Household’’ and inserting ‘‘(d) EXCLU-
SIONS FROM INCOME.—Household’’; 
(2) by striking ‘‘only (1) any’’ and inserting ‘‘only— 
‘‘(1) any’’;
H. R. 6124—210 
(3) by indenting each of paragraphs (2) through (18) so 
as to align with the margin of paragraph (1) (as amended 
by paragraph (2)); 
(4) by striking the comma at the end of each of paragraphs 
(1) through (16) and inserting a semicolon; 
(5) in paragraph (3)— 
(A) by striking ‘‘like (A) awarded’’ and inserting ‘‘like— 
‘‘(A) awarded’’; 
(B) by striking ‘‘thereof, (B) to’’ and inserting ‘‘thereof; 
‘‘(B) to’’; and 
(C) by striking ‘‘program, and (C) to’’ and inserting 
‘‘program; and 
‘‘(C) to’’; 
(6) in paragraph (11), by striking ‘‘)), or (B) a’’ and inserting 
‘‘)); or 
‘‘(B) a’’; 
(7) in paragraph (17), by striking ‘‘, and’’ at the end and 
inserting a semicolon; 
(8) in paragraph (18), by striking the period at the end 
and inserting ‘‘; and’’; and 
(9) by adding at the end the following: 
‘‘(19) any additional payment under chapter 5 of title 37, 
United States Code, or otherwise designated by the Secretary 
to be appropriate for exclusion under this paragraph, that 
is received by or from a member of the United States Armed 
Forces deployed to a designated combat zone, if the additional 
pay— 
‘‘(A) is the result of deployment to or service in a 
combat zone; and 
‘‘(B) was not received immediately prior to serving 
in a combat zone.’’. 
SEC. 4102. STRENGTHENING THE FOOD PURCHASING POWER OF LOW- 
INCOME AMERICANS. 
Section 5(e)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2014(e)(1)) is amended— 
(1) in subparagraph (A)(ii), by striking ‘‘not less than $134’’ 
and all that follows through the end of the clause and inserting 
the following: ‘‘not less than— 
‘‘(I) for fiscal year 2009, $144, $246, $203, 
and $127, respectively; and 
‘‘(II) for fiscal year 2010 and each fiscal year 
thereafter, an amount that is equal to the amount 
from the previous fiscal year adjusted to the 
nearest lower dollar increment to reflect changes 
for the 12-month period ending on the preceding 
June 30 in the Consumer Price Index for All Urban 
Consumers published by the Bureau of Labor 
Statistics of the Department of Labor, for items 
other than food.’’; 
(2) in subparagraph (B)(ii), by striking ‘‘not less than $269’’ 
and all that follows through the end of the clause and inserting 
the following: ‘‘not less than— 
‘‘(I) for fiscal year 2009, $289; and 
‘‘(II) for fiscal year 2010 and each fiscal year 
thereafter, an amount that is equal to the amount 
from the previous fiscal year adjusted to the
H. R. 6124—211 
nearest lower dollar increment to reflect changes 
for the 12-month period ending on the preceding 
June 30 in the Consumer Price Index for All Urban 
Consumers published by the Bureau of Labor 
Statistics of the Department of Labor, for items 
other than food.’’; and 
(3) by adding at the end the following: 
‘‘(C) REQUIREMENT.—Each adjustment under subpara-
graphs (A)(ii)(II) and (B)(ii)(II) shall be based on the 
unrounded amount for the prior 12-month period.’’. 
SEC. 4103. SUPPORTING WORKING FAMILIES WITH CHILD CARE 
EXPENSES. 
Section 5(e)(3)(A) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2014(e)(3)(A)) is amended by striking ‘‘, the maximum allow-
able level of which shall be $200 per month for each dependent 
child under 2 years of age and $175 per month for each other 
dependent,’’. 
SEC. 
4104. 
ASSET 
INDEXATION, 
EDUCATION, 
AND 
RETIREMENT 
ACCOUNTS. 
(a) ADJUSTING COUNTABLE RESOURCES FOR INFLATION.—Section 
(5)(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)) 
is amended— 
(1) by striking ‘‘(g)(1) The Secretary’’ and inserting the 
following: 
‘‘(g) ALLOWABLE FINANCIAL RESOURCES.— 
‘‘(1) TOTAL AMOUNT.— 
‘‘(A) IN GENERAL.—The Secretary’’. 
(2) in subparagraph (A) (as so designated by paragraph 
(1))— 
(A) by inserting ‘‘(as adjusted in accordance with 
subparagraph (B))’’ after ‘‘$2,000’’; and 
(B) by inserting ‘‘(as adjusted in accordance with 
subparagraph (B))’’ after ‘‘$3,000’’; and 
(3) by adding at the end the following: 
‘‘(B) ADJUSTMENT FOR INFLATION.— 
‘‘(i) IN GENERAL.—Beginning on October 1, 2008, 
and each October 1 thereafter, the amounts specified 
in subparagraph (A) shall be adjusted and rounded 
down to the nearest $250 increment to reflect changes 
for the 12-month period ending the preceding June 
in the Consumer Price Index for All Urban Consumers 
published by the Bureau of Labor Statistics of the 
Department of Labor. 
‘‘(ii) 
REQUIREMENT.—Each 
adjustment 
under 
clause (i) shall be based on the unrounded amount 
for the prior 12-month period.’’. 
(b) EXCLUSION OF RETIREMENT ACCOUNTS FROM ALLOWABLE 
FINANCIAL RESOURCES.— 
(1) IN
GENERAL.—Section 5(g)(2)(B)(v) of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2014(g)(2)(B)(v)) is amended 
by striking ‘‘or retirement account (including an individual 
account)’’ and inserting ‘‘account’’. 
(2) MANDATORY AND DISCRETIONARY EXCLUSIONS.—Section 
5(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)) 
is amended by adding at the end the following:
H. R. 6124—212 
‘‘(7) EXCLUSION OF RETIREMENT ACCOUNTS FROM ALLOWABLE 
FINANCIAL RESOURCES.— 
‘‘(A) MANDATORY
EXCLUSIONS.—The Secretary shall 
exclude from financial resources under this subsection the 
value of— 
‘‘(i) any funds in a plan, contract, or account, 
described in sections 401(a), 403(a), 403(b), 408, 408A, 
457(b), and 501(c)(18) of the Internal Revenue Code 
of 1986 and the value of funds in a Federal Thrift 
Savings Plan account as provided in section 8439 of 
title 5, United States Code; and 
‘‘(ii) any retirement program or account included 
in any successor or similar provision that may be 
enacted and determined to be exempt from tax under 
the Internal Revenue Code of 1986. 
‘‘(B) DISCRETIONARY EXCLUSIONS.—The Secretary may 
exclude from financial resources under this subsection the 
value of any other retirement plans, contracts, or accounts 
(as determined by the Secretary).’’. 
(c) EXCLUSION
OF EDUCATION ACCOUNTS FROM ALLOWABLE 
FINANCIAL RESOURCES.—Section 5(g) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2014(g)) (as amended by subsection (b)) 
is amended by adding at the end the following: 
‘‘(8) EXCLUSION OF EDUCATION ACCOUNTS FROM ALLOWABLE 
FINANCIAL RESOURCES.— 
‘‘(A) MANDATORY
EXCLUSIONS.—The Secretary shall 
exclude from financial resources under this subsection the 
value of any funds in a qualified tuition program described 
in section 529 of the Internal Revenue Code of 1986 or 
in a Coverdell education savings account under section 
530 of that Code. 
‘‘(B) DISCRETIONARY EXCLUSIONS.—The Secretary may 
exclude from financial resources under this subsection the 
value of any other education programs, contracts, or 
accounts (as determined by the Secretary).’’. 
SEC. 4105. FACILITATING SIMPLIFIED REPORTING. 
Section 6(c)(1)(A) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2015(c)(1)(A)) is amended— 
(1) by striking ‘‘reporting by’’ and inserting ‘‘reporting’’; 
(2) in clause (i), by inserting ‘‘for periods shorter than 
4 months by’’ before ‘‘migrant’’; 
(3) in clause (ii), by inserting ‘‘for periods shorter than 
4 months by’’ before ‘‘households’’; and 
(4) in clause (iii), by inserting ‘‘for periods shorter than 
1 year by’’ before ‘‘households’’. 
SEC. 4106. TRANSITIONAL BENEFITS OPTION. 
Section 11(s)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2020(s)(1)) is amended— 
(1) by striking ‘‘benefits to a household’’; and inserting 
‘‘benefits— 
‘‘(A) to a household’’; 
(2) by striking the period at the end and inserting ‘‘; or’’; 
and 
(3) by adding at the end the following:
H. R. 6124—213 
‘‘(B) at the option of the State, to a household with 
children that ceases to receive cash assistance under a 
State-funded public assistance program.’’. 
SEC. 4107. INCREASING THE MINIMUM BENEFIT. 
Section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2017(a)) is amended by striking ‘‘$10 per month’’ and inserting 
‘‘8 percent of the cost of the thrifty food plan for a household 
containing 1 member, as determined by the Secretary under section 
3, rounded to the nearest whole dollar increment’’. 
SEC. 4108. EMPLOYMENT, TRAINING, AND JOB RETENTION. 
Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2015(d)(4)) is amended— 
(1) in subparagraph (B)— 
(A) by redesignating clause (vii) as clause (viii); and 
(B) by inserting after clause (vi) the following: 
‘‘(vii) Programs intended to ensure job retention 
by providing job retention services, if the job retention 
services are provided for a period of not more than 
90 days after an individual who received employment 
and training services under this paragraph gains 
employment.’’; and 
(2) in subparagraph (F), by adding at the end the following: 
‘‘(iii) Any individual voluntarily electing to partici-
pate in a program under this paragraph shall not 
be subject to the limitations described in clauses (i) 
and (ii).’’. 
PART III—PROGRAM OPERATIONS 
SEC. 4111. NUTRITION EDUCATION. 
(a) AUTHORITY
TO PROVIDE NUTRITION EDUCATION.—Section 
4(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(a)) 
is amended in the first sentence by inserting ‘‘and, through an 
approved State plan, nutrition education’’ after ‘‘an allotment’’. 
(b) IMPLEMENTATION.—Section 11 of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2020) is amended by striking subsection 
(f) and inserting the following: 
‘‘(f) NUTRITION EDUCATION.— 
‘‘(1) IN GENERAL.—State agencies may implement a nutri-
tion education program for individuals eligible for program 
benefits that promotes healthy food choices consistent with 
the most recent Dietary Guidelines for Americans published 
under section 301 of the National Nutrition Monitoring and 
Related Research Act of 1990 (7 U.S.C. 5341). 
‘‘(2) DELIVERY OF NUTRITION EDUCATION.—State agencies 
may deliver nutrition education directly to eligible persons or 
through agreements with the National Institute of Food and 
Agriculture, including through the expanded food and nutrition 
education program under section 3(d) of the Act of May 8, 
1914 (7 U.S.C. 343(d)), and other State and community health 
and nutrition providers and organizations. 
‘‘(3) NUTRITION EDUCATION STATE PLANS.— 
‘‘(A) IN GENERAL.—A State agency that elects to provide 
nutrition education under this subsection shall submit a 
nutrition education State plan to the Secretary for 
approval.
H. R. 6124—214 
‘‘(B) REQUIREMENTS.—The plan shall— 
‘‘(i) identify the uses of the funding for local 
projects; and 
‘‘(ii) conform to standards established by the Sec-
retary through regulations or guidance. 
‘‘(C) REIMBURSEMENT.—State costs for providing nutri-
tion education under this subsection shall be reimbursed 
pursuant to section 16(a). 
‘‘(4) NOTIFICATION.—To the maximum extent practicable, 
State agencies shall notify applicants, participants, and eligible 
program participants of the availability of nutrition education 
under this subsection.’’. 
SEC. 4112. TECHNICAL CLARIFICATION REGARDING ELIGIBILITY. 
Section 6(k) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2015(k)) is amended— 
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively, and indenting appropriately; 
(2) by striking ‘‘No member’’ and inserting the following: 
‘‘(1) IN GENERAL.—No member’’; and 
(3) by adding at the end the following: 
‘‘(2) PROCEDURES.—The Secretary shall— 
‘‘(A) define the terms ‘fleeing’ and ‘actively seeking’ 
for purposes of this subsection; and 
‘‘(B) ensure that State agencies use consistent proce-
dures established by the Secretary that disqualify individ-
uals whom law enforcement authorities are actively seeking 
for the purpose of holding criminal proceedings against 
the individual.’’. 
SEC. 4113. CLARIFICATION OF SPLIT ISSUANCE. 
Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2016(h)) is amended by striking paragraph (2) and inserting the 
following: 
‘‘(2) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—Any procedure established under 
paragraph (1) shall— 
‘‘(i) not reduce the allotment of any household for 
any period; and 
‘‘(ii) ensure that no household experiences an 
interval between issuances of more than 40 days. 
‘‘(B) MULTIPLE ISSUANCES.—The procedure may include 
issuing benefits to a household in more than 1 issuance 
during a month only when a benefit correction is nec-
essary.’’. 
SEC. 4114. ACCRUAL OF BENEFITS. 
Section 7(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2016(i)) is amended by adding at the end the following: 
‘‘(12) RECOVERING ELECTRONIC BENEFITS.— 
‘‘(A) IN GENERAL.—A State agency shall establish a 
procedure for recovering electronic benefits from the 
account of a household due to inactivity. 
‘‘(B) BENEFIT
STORAGE.—A State agency may store 
recovered electronic benefits off-line in accordance with 
subparagraph (D), if the household has not accessed the 
account after 6 months.
H. R. 6124—215 
‘‘(C) BENEFIT
EXPUNGING.—A State agency shall 
expunge benefits that have not been accessed by a house-
hold after a period of 12 months. 
‘‘(D) NOTICE.—A State agency shall— 
‘‘(i) send notice to a household the benefits of which 
are stored under subparagraph (B); and 
‘‘(ii) not later than 48 hours after request by the 
household, make the stored benefits available to the 
household.’’. 
SEC. 4115. ISSUANCE AND USE OF PROGRAM BENEFITS. 
(a) IN GENERAL.—Section 7 of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2016) is amended— 
(1) by striking the section designation and heading and 
all that follows through ‘‘subsection (j)) shall be’’ and inserting 
the following: 
‘‘SEC. 7. ISSUANCE AND USE OF PROGRAM BENEFITS. 
‘‘(a) IN GENERAL.—Except as provided in subsection (i), EBT 
cards shall be’’; 
(2) in subsection (b)— 
(A) by striking ‘‘(b) Coupons’’ and inserting the fol-
lowing: 
‘‘(b) USE.—Benefits’’; and 
(B) by striking the second proviso; 
(3) in subsection (c)— 
(A) by striking ‘‘(c) Coupons’’ and inserting the fol-
lowing: 
‘‘(c) DESIGN.— 
‘‘(1) IN GENERAL.—EBT cards’’; 
(B) in the first sentence, by striking ‘‘and define their 
denomination’’; and 
(C) by striking the second sentence and inserting the 
following: 
‘‘(2) PROHIBITION.—The name of any public official shall 
not appear on any EBT card.’’; 
(4) by striking subsection (d); 
(5) in subsection (e)— 
(A) by striking ‘‘coupons’’ each place it appears and 
inserting ‘‘benefits’’; and 
(B) by striking ‘‘coupon issuers’’ each place it appears 
and inserting ‘‘benefit issuers’’; 
(6) in subsection (f)— 
(A) by striking ‘‘coupons’’ each place it appears and 
inserting ‘‘benefits’’; 
(B) by striking ‘‘coupon issuer’’ and inserting ‘‘benefit 
issuers’’; 
(C) by striking ‘‘including any losses’’ and all that 
follows through ‘‘section 11(e)(20),’’; and 
(D) by striking ‘‘and allotments’’; 
(7) by striking subsection (g) and inserting the following: 
‘‘(g) ALTERNATIVE BENEFIT DELIVERY.— 
‘‘(1) IN GENERAL.—If the Secretary determines, in consulta-
tion with the Inspector General of the Department of Agri-
culture, that it would improve the integrity of the supplemental 
nutrition assistance program, the Secretary shall require a 
State agency to issue or deliver benefits using alternative 
methods.
H. R. 6124—216 
‘‘(2) NO IMPOSITION OF COSTS.—The cost of documents or 
systems that may be required by this subsection may not be 
imposed upon a retail food store participating in the supple-
mental nutrition assistance program. 
‘‘(3) DEVALUATION AND TERMINATION OF ISSUANCE OF PAPER 
COUPONS.— 
‘‘(A) COUPON ISSUANCE.—Effective on the date of enact-
ment of the Food, Conservation, and Energy Act of 2008, 
no State shall issue any coupon, stamp, certificate, or 
authorization card to a household that receives supple-
mental nutrition assistance under this Act. 
‘‘(B) EBT CARDS.—Effective beginning on the date that 
is 1 year after the date of enactment of the Food, Conserva-
tion, and Energy Act of 2008, only an EBT card issued 
under subsection (i) shall be eligible for exchange at any 
retail food store. 
‘‘(C) 
DE-OBLIGATION
OF
COUPONS.—Coupons 
not 
redeemed during the 1-year period beginning on the date 
of enactment of the Food, Conservation, and Energy Act 
of 2008 shall— 
‘‘(i) no longer be an obligation of the Federal 
Government; and 
‘‘(ii) not be redeemable.’’; 
(8) in subsection (h)(1), by striking ‘‘coupons’’ and inserting 
‘‘benefits’’; 
(9) in subsection (i), by adding at the end the following: 
‘‘(12) INTERCHANGE FEES.—No interchange fees shall apply 
to electronic benefit transfer transactions under this sub-
section.’’; 
(10) in subsection (j)— 
(A) in paragraph (2)(A)(ii), by striking ‘‘printing, ship-
ping, and redeeming coupons’’ and inserting ‘‘issuing and 
redeeming benefits’’; and 
(B) in paragraph (5), by striking ‘‘coupon’’ and inserting 
‘‘benefit’’; 
(11) in subsection (k)— 
(A) by striking ‘‘coupons in the form of’’ each place 
it appears and inserting ‘‘program benefits in the form 
of’’; 
(B) by striking ‘‘a coupon issued in the form of’’ each 
place it appears and inserting ‘‘program benefits in the 
form of’’; and 
(C) in subparagraph (A), by striking ‘‘subsection 
(i)(11)(A)’’ and inserting ‘‘subsection (h)(11)(A)’’; and 
(12) by redesignating subsections (e) through (k) as sub-
sections (d) through (j), respectively. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 3 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2012) is amended— 
(A) in subsection (a), by striking ‘‘coupons’’ and 
inserting ‘‘benefits’’; 
(B) by striking subsection (b) and inserting the fol-
lowing: 
‘‘(b) BENEFIT.—The term ‘benefit’ means the value of supple-
mental nutrition assistance provided to a household by means of— 
‘‘(1) an electronic benefit transfer under section 7(i); or
H. R. 6124—217 
‘‘(2) other means of providing assistance, as determined 
by the Secretary.’’; 
(C) in subsection (c), in the first sentence, by striking 
‘‘authorization cards’’ and inserting ‘‘benefits’’; 
(D) in subsection (d), by striking ‘‘or access device’’ 
and all that follows through the end of the subsection 
and inserting a period; 
(E) in subsection (e)— 
(i) by striking ‘‘(e) ‘Coupon issuer’ means’’ and 
inserting the following: 
‘‘(e) BENEFIT ISSUER.—The term ‘benefit issuer’ means’’; and 
(ii) by striking ‘‘coupons’’ and inserting ‘‘benefits’’; 
(F) in subsection (g)(7), by striking ‘‘subsection (r)’’ 
and inserting ‘‘subsection (j)’’; 
(G) in subsection (i)(5)— 
(i) in subparagraph (B), by striking ‘‘subsection 
(r)’’ and inserting ‘‘subsection (j)’’; and 
(ii) in subparagraph (D), by striking ‘‘coupons’’ and 
inserting ‘‘benefits’’; 
(H) in subsection (j), by striking ‘‘(as that term is 
defined in subsection (p))’’; 
(I) in subsection (k)— 
(i) in paragraph (1)(A), by striking ‘‘subsection 
(u)(1)’’ and inserting ‘‘subsection (r)(1)’’; 
(ii) in paragraph (2), by striking ‘‘subsections (g)(3), 
(4), (5), (7), (8), and (9) of this section’’ and inserting 
‘‘paragraphs (3), (4), (5), (7), (8), and (9) of subsection 
(k)’’; and 
(iii) in paragraph (3), by striking ‘‘subsection (g)(6) 
of this section’’ and inserting ‘‘subsection (k)(6)’’; 
(J) in subsection (t), by inserting ‘‘, including point 
of sale devices,’’ after ‘‘other means of access’’; 
(K) in subsection (u), by striking ‘‘(as defined in sub-
section (g))’’; 
(L) by adding at the end the following: 
‘‘(v) EBT CARD.—The term ‘EBT card’ means an electronic 
benefit transfer card issued under section 7(i).’’; and 
(M) by redesignating subsections (a) through (v) as 
subsections (b), (d), (f), (g), (e), (h), (k), (l), (n), (o), (p), 
(q), (s), (t), (u), (v), (c), (j), (m), (a), (r), and (i), respectively, 
and moving the subsections so as to appear in alphabetical 
order. 
(2) Section 4(a) of the Food and Nutrition Act of 2008 
(7 U.S.C. 2013(a)) is amended— 
(A) by striking ‘‘coupons’’ each place it appears and 
inserting ‘‘benefits’’; and 
(B) by striking ‘‘Coupons issued’’ and inserting ‘‘benefits 
issued’’. 
(3) Section 5 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2014) is amended— 
(A) in subsection (a), by striking ‘‘section 3(i)(4)’’ and 
inserting ‘‘section 3(n)(4)’’; 
(B) in subsection (h)(3)(B), in the second sentence, by 
striking ‘‘section 7(i)’’ and inserting ‘‘section 7(h)’’; and 
(C) in subsection (i)(2)(E), by striking ‘‘, as defined 
in section 3(i) of this Act,’’.
H. R. 6124—218 
(4) Section 6 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2015) is amended— 
(A) in subsection (b)(1)— 
(i) in subparagraph (B), by striking ‘‘coupons or 
authorization cards’’ and inserting ‘‘program benefits’’; 
and 
(ii) by striking ‘‘coupons’’ each place it appears 
and inserting ‘‘benefits’’; and 
(B) in subsection (d)(4)(L), by striking ‘‘section 
11(e)(22)’’ and inserting ‘‘section 11(e)(19)’’. 
(5) Section 8 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2017) is amended— 
(A) in subsection (b), by striking ‘‘, whether through 
coupons, access devices, or otherwise’’; and 
(B) in subsections (e)(1) and (f), by striking ‘‘section 
3(i)(5)’’ each place it appears and inserting ‘‘section 3(n)(5)’’. 
(6) Section 9 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2018) is amended— 
(A) by striking ‘‘coupons’’ each place it appears and 
inserting ‘‘benefits’’; 
(B) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘coupon business’’ 
and inserting ‘‘benefit transactions’’; and 
(ii) by striking paragraph (3) and inserting the 
following: 
‘‘(3) AUTHORIZATION PERIODS.—The Secretary shall estab-
lish specific time periods during which authorization to accept 
and redeem benefits shall be valid under the supplemental 
nutrition assistance program.’’; and 
(C) in subsection (g), by striking ‘‘section 3(g)(9)’’ and 
inserting ‘‘section 3(k)(9)’’. 
(7) Section 10 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2019) is amended— 
(A) by striking the section designation and heading 
and all that follows through ‘‘Regulations’’ and inserting 
the following: 
‘‘SEC. 10. REDEMPTION OF PROGRAM BENEFITS. 
‘‘Regulations’’; 
(B) by striking ‘‘section 3(k)(4) of this Act’’ and inserting 
‘‘section 3(p)(4)’’; 
(C) by striking ‘‘section 7(i)’’ and inserting ‘‘section 
7(h)’’; and 
(D) by striking ‘‘coupons’’ each place it appears and 
inserting ‘‘benefits’’. 
(8) Section 11 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2020) is amended— 
(A) in subsection (d)— 
(i) by striking ‘‘section 3(n)(1) of this Act’’ each 
place it appears and inserting ‘‘section 3(t)(1)’’; and 
(ii) by striking ‘‘section 3(n)(2) of this Act’’ each 
place it appears and inserting ‘‘section 3(t)(2)’’; 
(B) in subsection (e)— 
(i) in paragraph (8)(E), by striking ‘‘paragraph (16) 
or (20)(B)’’ and inserting ‘‘paragraph (15) or (18)(B)’’; 
(ii) by striking paragraphs (15) and (19);
H. R. 6124—219 
(iii) by redesignating paragraphs (16) through (18) 
and (20) through (25) as paragraphs (15) through (17) 
and (18) through (23), respectively; and 
(iv) in paragraph (17) (as so redesignated), by 
striking ‘‘(described in section 3(n)(1) of this Act)’’ and 
inserting ‘‘described in section 3(t)(1)’’; 
(C) in subsection (h), by striking ‘‘coupon or coupons’’ 
and inserting ‘‘benefits’’; 
(D) by striking ‘‘coupon’’ each place it appears and 
inserting ‘‘benefit’’; 
(E) by striking ‘‘coupons’’ each place it appears and 
inserting ‘‘benefits’’; and 
(F) in subsection (q), by striking ‘‘section 11(e)(20)(B)’’ 
and inserting ‘‘subsection (e)(18)(B)’’. 
(9) Section 13 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2022) is amended by striking ‘‘coupons’’ each place it 
appears and inserting ‘‘benefits’’. 
(10) Section 15 of the Food and Nutrition Act of 2008 
(7 U.S.C. 2024) is amended— 
(A) in subsection (a), by striking ‘‘coupons’’ and 
inserting ‘‘benefits’’; 
(B) in subsection (b)(1)— 
(i) by striking ‘‘coupons, authorization cards, or 
access devices’’ each place it appears and inserting 
‘‘benefits’’; 
(ii) by striking ‘‘coupons or authorization cards’’ 
and inserting ‘‘benefits’’; and 
(iii) by striking ‘‘access device’’ each place it 
appears and inserting ‘‘benefit’’; 
(C) in subsection (c), by striking ‘‘coupons’’ each place 
it appears and inserting ‘‘benefits’’; 
(D) in subsection (d), by striking ‘‘Coupons’’ and 
inserting ‘‘Benefits’’; 
(E) by striking subsections (e) and (f); 
(F) by redesignating subsections (g) and (h) as sub-
sections (e) and (f), respectively; and 
(G) in subsection (e) (as so redesignated), by striking 
‘‘coupon, authorization cards or access devices’’ and 
inserting ‘‘benefits’’. 
(11) Section 16(a) of the Food and Nutrition Act of 2008 
(7 U.S.C. 2025(a)) is amended by striking ‘‘coupons’’ each place 
it appears and inserting ‘‘benefits’’. 
(12) Section 17 of the Food and Nutrition Act of 2008 
(7 U.S.C. 2026) is amended— 
(A) in subsection (a)(2), by striking ‘‘coupon’’ and 
inserting ‘‘benefit’’; 
(B) in subsection (b)(1)— 
(i) in subparagraph (B)— 
(I) in clause (iv)— 
(aa) in subclause (I), inserting ‘‘or other-
wise providing benefits in a form not restricted 
to the purchase of food’’ after ‘‘of cash’’; 
(bb) in subclause (III)(aa), by striking ‘‘sec-
tion 3(i)’’ and inserting ‘‘section 3(n)’’; and 
(cc) in subclause (VII), by striking ‘‘section 
7(j)’’ and inserting ‘‘section 7(i)’’; and 
(II) in clause (v)—