to transfer the base to one or more farms oper-
ated by the grower. 
‘‘(E) POOL DISTRIBUTION.—If the transfers 
under subparagraphs (B) and (C) cannot be ac-
complished within the time periods prescribed 
therein, then the county committee for the appli-
cable parish shall place the acreage base in a 
pool for possible assignment to other farms. After 
providing reasonable notice to farm owners, op-
erators, and growers of record in the parish, the 
county committee shall accept requests from own-
ers, operators, and growers of record in the par-
ish. The county committee shall assign the base 
to other farms in the parish that are eligible and 
capable of accepting such base, based on a ran-
dom drawing from among the requests received 
from owners, operators, and growers of record 
with eligible farms. 
‘‘(F) 
STATEWIDE
REALLOCATION.—Any 
base remaining unassigned after the processes in 
subparagraphs (A) through (E) shall be made 
available to the State committee for allocation 
among the remaining county committees in the 
State representing parishes with farms eligible 
for assignment of the base. The remaining base 
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shall be reallocated to requesting county commit-
tees based on a random drawing. Any county 
committee receiving base under this subpara-
graph shall allocate the base to eligible farms 
using the process described in subparagraph (E). 
‘‘(G) STATUS OF REASSIGNED BASE.—Once 
reassigned pursuant to this paragraph, the acre-
age base shall remain on the farm, and will be 
subject to the transfer provisions of paragraph 
(1).’’; 
(2) by striking subsection (d) and inserting the 
following new subsection: 
‘‘(d) TRANSFERS OF MILL ALLOCATIONS.— 
‘‘(1) TRANSFER AUTHORIZED.—A producer in a 
proportionate share State, upon written consent from 
all affected crop-share owners (or the representative of 
the crop-share owners) of a farm may deliver sugar-
cane to another processing company if the additional 
delivery, when combined with such other processing 
company’s existing deliveries, does not exceed the 
processing capacity of the company. 
‘‘(2) 
ALLOCATION
ADJUSTMENT.—Notwith-
standing section 359d, the Secretary shall adjust the 
allocations of each of such processing companies af-
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fected by a transfer under paragraph (1) to reflect the 
change in deliveries, based on— 
‘‘(A) the number of acres of sugarcane base 
being transferred; and 
‘‘(B) the pro-rata amount of allocation at 
the processing company holding the applicable 
allocation that equals the grower’s contribution 
to the processing company’s allocation for the 
sugarcane base acres being transferred.’’. 
(h) APPEALS.—Section 359i of the Agricultural Ad-
justment Act of 1938 (7 U.S.C. 1359ii) is amended— 
(1) in subsection (a), by inserting ‘‘or 359g(d)’’ 
after ‘‘359f’’; and 
(2) by striking subsection (c). 
(i) ADMINISTRATION OF TARIFF RATE QUOTAS.—The 
Agricultural Adjustment Act of 1938 is amended by striking 
section 359k (7 U.S.C. 1359kk) and inserting the following 
new section: 
‘‘SEC. 359k. ADMINISTRATION OF TARIFF RATE QUOTAS. 
‘‘(a) ESTABLISHMENT.—Notwithstanding any other 
provision of law, at the beginning of the quota year, the 
Secretary shall establish the tariff-rate quotas for raw cane 
sugar and refined sugars at the minimum necessary to com-
ply with obligations under international trade agreements 
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101 
that have been approved by the Congress. This subsection 
shall not apply to specialty sugar. 
‘‘(b) ADJUSTMENT.— 
‘‘(1) BEFORE APRIL 1.— 
‘‘(A) INITIAL ADJUSTMENT REQUIRED.—Be-
fore April 1 of a fiscal year, in the event that 
there is an emergency shortage of sugar in the 
United States market that is caused by war, 
floods, hurricanes, or other natural disaster, or 
other similar event, the Secretary shall take ac-
tion to increase supply as provided under sec-
tions 359c(b)(2) and 359e(b), including an in-
crease in the tariff-rate quota for raw cane sugar 
to accommodate the reassignment to imports. 
‘‘(B) ADDITIONAL
ADJUSTMENT.—If, after 
adjustment under subparagraph (A), there is 
still a shortage of sugar in the United States 
market, and marketings of domestic sugar have 
been maximized, the Secretary may increase the 
tariff-rate quota for refined sugars sufficient to 
accommodate the supply increase, if such further 
increase will not threaten to result in the for-
feiture of sugar pledged as collateral for a loan 
under section 156 of the Federal Agriculture Im-
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102 
provement and Reform Act of 1996 (7 U.S.C. 
7272). 
‘‘(2) ON OR AFTER APRIL 1.— 
‘‘(A) INITIAL ADJUSTMENT AUTHORIZED.— 
On or after April 1 of a fiscal year, the Sec-
retary may take action to increase supply as 
provided under sections 359c(b)(2) and 359e(b), 
including an increase in the tariff-rate quota for 
raw cane sugar to accommodate the reassign-
ment to imports. 
‘‘(B) ADDITIONAL
ADJUSTMENT.—If, after 
adjustment under subparagraph (A), there is 
still a shortage of sugar in the United States 
market, and marketings of domestic sugar have 
been maximized, the Secretary may increase the 
tariff-rate quota for raw cane sugar if such fur-
ther increase will not threaten to result in the 
forfeiture of sugar pledged as collateral for a 
loan under section 156 of the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 
7272). 
‘‘(c) ORDERLY SHIPPING PATTERNS FOR MAJOR SUP-
PLIERS.— 
‘‘(1) IN GENERAL.—The Secretary of Agriculture 
shall establish orderly shipping patterns for major 
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suppliers of sugar to the United States under the tar-
iff rate quotas in accordance with this subsection. 
‘‘(2) VERY
LARGE
MAJOR
SUPPLIERS.—If a 
country holds quota allocations of at least 100,000 
metric tons of sugar, the Secretary shall allow the 
country to export up to 25 percent of the country’s 
quota allocation to the United States in each calendar 
quarter. Sugar permitted to enter into the United 
States in a calendar quarter, but not actually entered 
in that quarter, may be entered into the United 
States at any time during the remainder of the fiscal 
year. 
‘‘(3) LARGE MAJOR SUPPLIERS.—For countries 
holding quota allocations of more than 45,000 metric 
tons of sugar, but less than 100,000 metric tons of 
sugar, the Secretary shall require that the country 
may ship not more than 50 percent of the country’s 
quota sugar to the United States in the first six 
months of the year.’’. 
(j) EFFECTIVE DATE.—The Agricultural Adjustment 
Act of 1938 is amended by inserting after section 359k (7 
U.S.C. 1359kk) the following new section: 
‘‘SEC. 359l. EFFECTIVE PERIOD. 
‘‘This part shall be effective only for the 2008 through 
2012 crop years for sugar.’’. 
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(k) TRANSITION.—The Secretary of Agriculture shall 
administer flexible marketing allotments for sugar for the 
2007 crop year for sugar on the terms and conditions pro-
vided in part VII of title III of the Agricultural Adjustment 
Act of 1938, as in effect on the day before the date of the 
enactment of this Act. 
Subtitle D—Dairy-Related 
Provisions 
SEC. 1401. DAIRY PRODUCT PRICE SUPPORT PROGRAM. 
(a) SUPPORT ACTIVITIES.—During the period begin-
ning on January 1, 2008, through December 31, 2012, the 
Secretary of Agriculture shall support the price of cheddar 
cheese, butter, and nonfat dry milk through the purchase 
of such products made from milk produced in the United 
States. 
(b) PURCHASE PRICE.—To carry out subsection (a) 
during the period specified in such subsection, the Secretary 
shall purchase— 
(1) cheddar cheese in blocks at not less than 
$1.13 per pound; 
(2) cheddar cheese in barrels at not less than 
$1.10 per pound; 
(3) butter at not less than $1.05 per pound; and 
(4) nonfat dry milk at not less than $0.80 per 
pound. 
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(c) TEMPORARY PRICE ADJUSTMENT TO AVOID EX-
CESS INVENTORIES.— 
(1) ADJUSTMENTS AUTHORIZED.—The Secretary 
may adjust the minimum purchase prices established 
under subsection (b) only as permitted under this sub-
section. 
(2) CHEESE INVENTORIES IN EXCESS OF 200 MIL-
LION POUNDS.—If net removals for a period of 12 
consecutive months exceed 200 million pounds of 
cheese, but do not exceed 400 million pounds, the Sec-
retary may reduce the purchase prices under para-
graphs (1) and (2) of subsection (b) during the imme-
diately following month by not more than 10 cents 
per pound. 
(3) CHEESE INVENTORIES IN EXCESS OF 400 MIL-
LION POUNDS.—If net removals for a period of 12 
consecutive months exceed 400 million pounds of 
cheese, the Secretary may reduce the purchase prices 
under paragraphs (1) and (2) of subsection (b) dur-
ing the immediately following month by not more 
than 20 cents per pound. 
(4) BUTTER INVENTORIES IN EXCESS OF 450 MIL-
LION POUNDS.—If net removals for a period of 12 
consecutive months exceed 450 million pounds of but-
ter, but do not exceed 650 million pounds, the Sec-
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106 
retary may reduce the purchase price under sub-
section (b)(3) during the immediately following 
month by not more than 10 cents per pound. 
(5) BUTTER INVENTORIES IN EXCESS OF 650 MIL-
LION POUNDS.—If net removals for a period of 12 
consecutive months exceed 650 million pounds of but-
ter, the Secretary may reduce the purchase price 
under subsection (b)(3) during the immediately fol-
lowing month by not more than 20 cents per pound. 
(6) NONFAT DRY MILK INVENTORIES IN EXCESS 
OF 600 MILLION POUNDS.—If net removals for a pe-
riod of 12 consecutive months exceed 600 million 
pounds of nonfat dry milk, but do not exceed 800 mil-
lion pounds, the Secretary may reduce the purchase 
price under subsection (b)(4) during the immediately 
following month by not more than 5 cents per pound. 
(7) NONFAT DRY MILK INVENTORIES IN EXCESS 
OF 800 MILLION POUNDS.—If net removals for a pe-
riod of 12 consecutive months exceed 800 million 
pounds of nonfat dry milk, the Secretary may reduce 
the purchase price under subsection (b)(4) during the 
immediately following month by not more than 10 
cents per pound. 
(d) UNIFORM PURCHASE PRICE.—The prices that the 
Secretary pays for cheese, butter, or nonfat dry milk, respec-
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tively, under subsection (a) shall be uniform for all regions 
of the United States. 
(e) SALES FROM INVENTORIES.—In the case of each 
commodity specified in subsection (b) that is available for 
unrestricted use in inventories of the Commodity Credit 
Corporation, the Secretary may sell the commodity at the 
market prices prevailing for that commodity at the time 
of sale, except that the sale price may not be less than 110 
percent of the minimum purchase price specified in sub-
section (b) for that commodity. 
(f) NET REMOVALS DEFINED.—In this section, the 
term ‘‘net removals’’ means— 
(1) the sum of the quantity of a product de-
scribed in subsection (a) purchased by the Commodity 
Credit Corporation under this section and the quan-
tity of such product exported under section 153 of the 
Food Security Act of 1985 (15 U.S.C. 713a–14); less 
(2) the amount of such product sold for unre-
stricted use by the Commodity Credit Corporation. 
(g) COMMODITY CREDIT CORPORATION.—The Sec-
retary shall use the funds of the Commodity Credit Corpora-
tion to carry out this section. 
SEC. 1402. DAIRY FORWARD PRICING PROGRAM. 
(a) PROGRAM REQUIRED.—The Secretary of Agri-
culture shall establish a program under which milk pro-
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ducers and cooperative associations of producers are author-
ized to voluntarily enter into forward price contracts with 
milk handlers. 
(b) MINIMUM MILK PRICE REQUIREMENTS.—Pay-
ments made by milk handlers to milk producers and cooper-
ative associations of producers, and prices received by milk 
producers and cooperative associations, in accordance with 
the terms of a forward price contract authorized by sub-
section (a), shall be deemed to satisfy — 
(1) all uniform and minimum milk price re-
quirements of paragraphs (B) and (F) of subsection 
(5) of section 8c of the Agricultural Adjustment Act 
(7 U.S.C. 627), reenacted with amendments by the 
Agricultural Marketing Agreement Act of 1937; and 
(2) the total payment requirement of paragraph 
(C) of such subsection. 
(c) MILK COVERED BY PROGRAM.— 
(1) COVERED MILK.—The program shall apply 
only with respect to the marketing of federally regu-
lated milk that— 
(A) is not classified as Class I milk or oth-
erwise intended for fluid use; and 
(B) is in the current of interstate or foreign 
commerce or directly burdens, obstructs, or af-
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109 
fects interstate or foreign commerce in federally 
regulated milk. 
(2) RELATION TO CLASS I MILK.—To assist milk 
handlers in complying with the limitation in para-
graph (1)(A) without having to segregate or otherwise 
individually track the source and disposition of milk, 
a milk handler may allocate milk receipts from pro-
ducers, cooperatives, and other sources that are not 
subject to a forward contract to satisfy the handler’s 
obligations with regard to Class I milk usage. 
(d) VOLUNTARY PROGRAM.—A milk handler may not 
require participation in a forward pricing contract as a 
condition of the handler receiving milk from a producer or 
cooperative association of producers, and such producer or 
cooperative association may continue to have their milk 
priced under the order’s minimum payment provisions. The 
Secretary shall investigate complaints made by producers 
or cooperative associations of coercion by handlers to enter 
into forward contracts, and if the Secretary finds evidence 
of such coercion, the Secretary shall take appropriate ac-
tion. 
(e) DURATION.—No forward price contract may be en-
tered into under this program after September 30, 2012, 
and no forward contract entered into under the program 
may extend beyond September 30, 2015. 
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SEC. 1403. DAIRY EXPORT INCENTIVE PROGRAM. 
(a) EXTENSION.—Subsection (a) of section 153 of the 
Food Security Act of 1985 (15 U.S.C. 713a–14) is amended 
by striking ‘‘2007’’ and inserting ‘‘2012’’. 
(b) COMPLIANCE WITH TRADE AGREEMENTS.—Sec-
tion 153 of the Food Security Act of 1985 (15 U.S.C. 713a– 
14) is amended— 
(1) in subsection (c), by striking paragraph (3) 
and inserting the following new paragraph: 
‘‘(3) the maximum volume of dairy product ex-
ports allowable consistent with the obligations of the 
United States under the Uruguay Round Agreements 
approved under section 101 of the Uruguay Round 
Agreements Act (19 U.S.C. 3511) is exported under 
the program each year (minus the volume sold under 
section 1163 of this Act (Public Law 99–198; 7 
U.S.C. 1731 note) during that year), except to the ex-
tent that the export of such a volume under the pro-
gram would, in the judgment of the Secretary, exceed 
the limitations on the value set forth in subsection (f); 
and’’; and. 
(2) in subsection (f), by striking paragraph (1) 
and inserting the following new paragraph: 
‘‘(1) FUNDS AND COMMODITIES.—Except as pro-
vided in paragraph (2), the Commodity Credit Cor-
poration shall in each year use money and commod-
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111 
ities for the program under this section in the max-
imum amount consistent with the obligations of the 
United States under the Uruguay Round Agreements 
approved under section 101 of the Uruguay Round 
Agreements Act (19 U.S.C. 3511), minus the amount 
expended under section 1163 of this Act (Public Law 
99–198; 7 U.S.C. 1731 note) during that year.’’. 
SEC. 1404. REVISION OF FEDERAL MARKETING ORDER 
AMENDMENT PROCEDURES. 
Subsection (17) of section 8c of the Agricultural Ad-
justment Act (7 U.S.C. 608c), reenacted with amendments 
by the Agricultural Marketing Agreement Act of 1937, is 
amended to read as follows: 
‘‘(17) PROVISIONS APPLICABLE TO AMENDMENTS.— 
‘‘(A) APPLICABILITY
TO
AMENDMENTS.—The 
provisions of this section and section 8d, applicable to 
orders shall be applicable to amendments to orders. 
‘‘(B) ADVANCE NOTICE OF HEARING.—Notice of 
a hearing upon a proposed amendment to any order 
issued pursuant to this section shall be given not less 
than 3 days before the date fixed for the hearing, and 
such notice shall be deemed to be due notice of the 
hearing. 
‘‘(C) PROMPT
RESPONSE
TO
REQUESTS
FOR 
AMENDMENT
HEARINGS.—Not more than 30 days 
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112 
after receipt of a written request for an amendment 
hearing regarding a milk marketing order, the Sec-
retary shall— 
‘‘(i) issue a denial of the request; or 
‘‘(ii) issue notice of the hearing, which shall 
begin no more than 60 days, and conclude no 
more than 90 days, after receipt of the request. 
‘‘(D) SUBMISSION AND USE OF EVIDENCE.—The 
proponents of any amendment proposed to be made to 
a milk marketing order shall file with the Secretary 
all testimony and other evidence in support of the 
amendment, in written form, at least 7 business days 
before the date fixed for the hearing. The Secretary 
shall make such written testimony and other evidence 
available to interested members of the public. Subject 
to any evidentiary objections and cross examination 
of submitting witness, the written testimony and evi-
dence shall be entered into evidence without being 
read at the hearing. 
‘‘(E) ISSUANCE
OF
DECISION.—The Secretary 
shall issue a recommended decision on a proposed 
amendment to a milk marketing order not later than 
90 days after the date set by the Administrative Law 
Judge for the submission of post-hearing proposed 
findings and conclusions and written arguments or 
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113 
briefs. The final decision shall be issued not later than 
60 days after the date on which the recommended de-
cision was issued. 
‘‘(F) AVOIDING
DUPLICATION.—The Secretary 
shall not be required to call a hearing on any amend-
ment proposed to be made to a milk marketing order 
in response to an application for a hearing on such 
proposed amendment if the application requesting the 
hearing is received by the Secretary within 90 days 
after the date on which the Secretary has announced 
the decision on a previously proposed amendment to 
that order and the two proposed amendments are es-
sentially the same.’’. 
SEC. 1405. DAIRY INDEMNITY PROGRAM. 
Section 3 of Public Law 90–484 (7 U.S.C. 450l) is 
amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 
SEC. 1406. EXTENSION OF MILK INCOME LOSS CONTRACT 
PROGRAM. 
Section 1502(c)(3)(B) of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 7982(c)(3)(B)), as amend-
ed by section 9006(a) of the U.S. Troop Readiness, Veterans’ 
Care, Katrina Recovery, and Iraq Accountability Appro-
priations Act, 2007 (Public Law 110–28, 121 Stat. 217), 
is amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 
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114 
SEC. 1407. DAIRY PROMOTION AND RESEARCH PROGRAM. 
(a) EXTENSION OF PROMOTION AUTHORITY.—Section 
113(e)(2) of the Dairy Production Stabilization Act of 1983 
(7 U.S.C. 4504(e)(2)) is amended by striking ‘‘2007’’ and 
inserting ‘‘2012’’. 
(b) DEFINITION OF UNITED STATES FOR PROMOTION 
PROGRAM.—Section 111 of the Dairy Production Stabiliza-
tion Act of 1983 (7 U.S.C. 4502) is amended— 
(1) by striking subsection (l) and inserting the 
following new subsection: 
‘‘(l) the term ‘United States’, when used in a geo-
graphical sense, means all of the States, the District of Co-
lumbia, and the Commonwealth of Puerto Rico;’’; and 
(2) in subsection (m), by striking ‘‘(as defined in 
subsection (l))’’. 
(c) DEFINITION OF UNITED STATES FOR RESEARCH 
PROGRAM.—Section 130 of the Dairy Production Stabiliza-
tion Act of 1983 (7 U.S.C. 4531)) is amended by striking 
paragraph (12) and inserting the following new paragraph: 
‘‘(12) the term ‘United States’, when used in a 
geographical sense, means all of the States, the Dis-
trict of Columbia, and the Commonwealth of Puerto 
Rico.’’. 
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SEC. 1408. REPORT ON DEPARTMENT OF AGRICULTURE RE-
PORTING PROCEDURES FOR NONFAT DRY 
MILK. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Agriculture shall submit to Con-
gress a report regarding Department of Agriculture report-
ing procedures for nonfat dry milk and the impact of these 
procedures on Federal milk marketing order minimum 
prices during the period beginning on July 1, 2006, and 
ending on the date of the enactment of this Act. 
SEC. 1409. FEDERAL MILK MARKETING ORDER REVIEW COM-
MISSION. 
(a) ESTABLISHMENT.—Subject to the availability of 
appropriations to carry out this section, the Secretary of 
Agriculture shall establish a commission to be known as the 
‘‘Federal Milk Marketing Order Review Commission’’, in 
this section referred to as the ‘‘commission’’, which shall 
conduct a comprehensive review and evaluation of— 
(1) the current Federal milk marketing order 
system; and 
(2) non-Federal milk marketing order systems. 
(b) ELEMENTS
OF REVIEW
AND EVALUATION.—As 
part of the review and evaluation under subsection (a), the 
commission shall consider legislative and regulatory options 
for— 
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(1) ensuring that the competitiveness of dairy 
products with other competing products in the mar-
ketplace is preserved and enhanced; 
(2) enhancing the competitiveness of American 
dairy producers in world markets; 
(3) increasing the responsiveness of the Federal 
milk marketing order system to market forces; 
(4) streamlining and expediting the process by 
which amendments to Federal milk market orders are 
adopted; 
(5) simplifying the Federal milk marketing order 
system; 
(6) evaluating whether the Federal milk mar-
keting order system, established during the Great De-
pression, continues to serve the interests of the public, 
dairy processors, and dairy farmers; 
(7) evaluating whether Federal milk marketing 
orders are operating in a manner to minimize costs 
to taxpayers and consumers; and 
(8) evaluating the nutritional composition of 
milk, including the potential benefits and costs of ad-
justing the milk content standards. 
(c) MEMBERSHIP.— 
(1) COMPOSITION.—The commission shall consist 
of 16 members. 
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(2) MEMBERS.—As soon as practicable after the 
date on which funds are first made available to carry 
out this section, commission members shall be ap-
pointed as follows: 
(A) Two members appointed by the Chair-
man of the Committee on Agriculture of the 
House of Representatives, in consultation with 
the ranking member of the Committee on Agri-
culture of the House of Representatives. 
(B) Two members appointed by the Chair-
man of the Committee on Agriculture, Nutrition, 
and Forestry of the Senate, in consultation with 
the ranking member of the Committee on Agri-
culture, Nutrition and Forestry of the Senate. 
(C) Fourteen members appointed by the 
Secretary of Agriculture. 
(3) SPECIAL APPOINTMENT REQUIREMENTS.—In 
the case of the members to be appointed under para-
graph (2)(E), the Secretary shall comply with the fol-
lowing requirements: 
(A) At least one member shall represent a 
national consumer organization. 
(B) At least four members shall represent 
land-grant universities or ASCARR institution 
with accredited dairy economic programs, with 
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two of these members being experts in the field 
of economics. 
(C) At least one member shall represent the 
food and beverage retail sector. 
(D) Four dairy producer and four dairy 
processors, appointed so as to balance geo-
graphical distribution of milk production and 
dairy processing, reflect all segments of dairy 
processing, and represent all regions of the 
United States equitably, including States that 
operate outside of a Federal milk marketing 
order. 
(4) CHAIR.—The commission shall elect one of 
its appointed members to serve as chairperson for the 
duration of the commission’s proceedings. 
(5) VACANCY.—Any vacancy occurring before the 
termination of the commission shall be filled in the 
same manner as the original appointment. 
(6) COMPENSATION.—Members of the commission 
shall serve without compensation, but shall be reim-
bursed by the Secretary of Agriculture from existing 
budget authority for necessary and reasonable ex-
penses incurred in the performance of the duties of the 
commission. 
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119 
(d) REPORT.—Not later than two years after the date 
of the first meeting of the commission, the commission shall 
submit to the Secretary of Agriculture and Congress a re-
port setting forth the results of the review and evaluation 
conducted under this section, including such recommenda-
tions regarding the legislative and regulatory options con-
sidered under subsection (b) as the commission considers 
to be appropriate. The report findings shall reflect, to the 
extent practicable, a consensus opinion of the commission 
members, but the report may include majority and minor-
ity findings regarding those matters for which consensus 
was not reached. 
(e) ADVISORY NATURE.—The commission is wholly ad-
visory in nature, and the recommendations of the commis-
sion are non-binding. 
(f) NO EFFECT ON EXISTING PROGRAMS.—The Sec-
retary shall not allow the existence of the commission to 
impede, delay, or otherwise affect any decision making 
process of the Department of Agriculture, including any 
rulemaking procedures planned, proposed, or near comple-
tion. 
(g) ADMINISTRATIVE
ASSISTANCE.—The Secretary 
shall provide administrative support to the commission, 
and expend such funds as necessary from existing budget 
authority to carry out this responsibility. 
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(h) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section. 
(i) TERMINATION.—The commission shall terminate 
immediately after submission of the report under subsection 
(d). 
Subtitle E—Administration 
SEC. 1501. ADMINISTRATION GENERALLY. 
(a) USE OF COMMODITY CREDIT CORPORATION.—The 
Secretary shall use the funds, facilities, and authorities of 
the Commodity Credit Corporation to carry out this title. 
(b) DETERMINATIONS BY SECRETARY.—A determina-
tion made by the Secretary under this title shall be final 
and conclusive. 
(c) REGULATIONS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
and the Commodity Credit Corporation, as appro-
priate, shall promulgate such regulations as are nec-
essary to implement this title. 
(2) PROCEDURE.—The promulgation of the regu-
lations and administration of this title shall be made 
without regard to— 
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(A) chapter 35 of title 44, United States 
Code (commonly known as the ‘‘Paperwork Re-
duction Act’’); 
(B) the Statement of Policy of the Secretary 
of Agriculture effective July 24, 1971 (36 Fed. 
Reg. 13804), relating to notices of proposed rule-
making and public participation in rulemaking; 
and 
(C) the notice and comment provisions of 
section 553 of title 5, United States Code. 
(3) CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING.—In carrying out this subsection, the Sec-
retary shall use the authority provided under section 
808 of title 5, United States Code. 
(d) ADJUSTMENT AUTHORITY RELATED TO TRADE 
AGREEMENTS COMPLIANCE.— 
(1) REQUIRED DETERMINATION; ADJUSTMENT.— 
If the Secretary determines that expenditures under 
subtitles A through E that are subject to the total al-
lowable domestic support levels under the Uruguay 
Round Agreements (as defined in section 2 of the 
Uruguay Round Agreements Act (19 U.S.C. 3501)), 
as in effect on the date of enactment of this Act, will 
exceed such allowable levels for any applicable report-
ing period, the Secretary shall, to the maximum ex-
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122 
tent practicable, make adjustments in the amount of 
such expenditures during that period to ensure that 
such expenditures do not exceed such allowable levels. 
(2) 
CONGRESSIONAL
NOTIFICATION.—Before 
making any adjustment under paragraph (1), the 
Secretary shall submit to the Committee on Agri-
culture of the House of Representatives or the Com-
mittee on Agriculture, Nutrition, and Forestry of the 
Senate a report describing the determination made 
under that paragraph and the extent of the adjust-
ment to be made. 
SEC. 1502. SUSPENSION OF PERMANENT PRICE SUPPORT 
AUTHORITY. 
(a) AGRICULTURAL ADJUSTMENT ACT OF 1938.—The 
following provisions of the Agricultural Adjustment Act of 
1938 shall not be applicable to the 2008 through 2012 crops 
of covered commodities, peanuts, and sugar and shall not 
be applicable to milk during the period beginning on the 
date of enactment of this Act through December 31, 2012: 
(1) Parts II through V of subtitle B of title III 
(7 U.S.C. 1326 et seq.). 
(2) In the case of upland cotton, section 377 (7 
U.S.C. 1377). 
(3) Subtitle D of title III (7 U.S.C. 1379a et 
seq.). 
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(4) Title IV (7 U.S.C. 1401 et seq.). 
(b) AGRICULTURAL ACT OF 1949.—The following pro-
visions of the Agricultural Act of 1949 shall not be applica-
ble to the 2008 through 2012 crops of covered commodities, 
peanuts, and sugar and shall not be applicable to milk dur-
ing the period beginning on the date of enactment of this 
Act and through December 31, 2012: 
(1) Section 101 (7 U.S.C. 1441). 
(2) Section 103(a) (7 U.S.C. 1444(a)). 
(3) Section 105 (7 U.S.C. 1444b). 
(4) Section 107 (7 U.S.C. 1445a). 
(5) Section 110 (7 U.S.C. 1445e). 
(6) Section 112 (7 U.S.C. 1445g). 
(7) Section 115 (7 U.S.C. 1445k). 
(8) Section 201 (7 U.S.C. 1446). 
(9) Title III (7 U.S.C. 1447 et seq.). 
(10) Title IV (7 U.S.C. 1421 et seq.), other than 
sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and 
1431). 
(11) Title V (7 U.S.C. 1461 et seq.). 
(12) Title VI (7 U.S.C. 1471 et seq.). 
(c) SUSPENSION OF CERTAIN QUOTA PROVISIONS.— 
The joint resolution entitled ‘‘A joint resolution relating to 
corn and wheat marketing quotas under the Agricultural 
Adjustment Act of 1938, as amended’’, approved May 26, 
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1941 (7 U.S.C. 1330 and 1340), shall not be applicable to 
the crops of wheat planted for harvest in the calendar years 
2008 through 2012. 
SEC. 1503. PAYMENT LIMITATIONS. 
(a) EXTENSION AND REVISION OF LIMITATIONS.— 
(1) EXTENSION.—Sections 1001 and 1001C(a) of 
the Food Security Act of 1985 (7 U.S.C. 1308, 1308– 
3(a)) are amended by striking ‘‘Farm Security and 
Rural Investment Act of 2002’’ each place it appears 
(other than in subsection (d)(1) of section 1001 of 
such Act) and inserting ‘‘Farm, Nutrition, and Bio-
energy Act of 2007’’. 
(2) COMBINATION OF LIMITS.—Section 1001 of 
the Food Security Act of 1985 (7 U.S.C. 1308) is 
amended by striking subsections (b) and (c) and in-
serting the following new subsections: 
‘‘(b) LIMITATION ON DIRECT AND COUNTER-CYCLICAL 
PAYMENTS
FOR COVERED COMMODITIES (OTHER THAN 
PEANUTS).— 
‘‘(1) DIRECT PAYMENTS.—The total amount of 
direct payments received, directly or indirectly, by a 
person or any legal entity (except a joint venture or 
a general partnership) in any crop year under sub-
title A of title I of the Farm, Nutrition, and Bio-
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energy Act of 2007 for 1 or more covered commodities 
(except for peanuts) may not exceed $60,000. 
‘‘(2) COUNTER-CYCLICAL PAYMENTS.—The total 
amount of counter-cyclical payments received, directly 
or indirectly, by a person or any legal entity (except 
a joint venture or a general partnership in any crop 
year under subtitle A of title I of the Farm, Nutri-
tion, and Bioenergy Act of 2007 for one or more cov-
ered commodities (except for peanuts) may not exceed 
$65,000. 
‘‘(c) LIMITATION ON DIRECT AND COUNTER-CYCLICAL 
PAYMENTS FOR PEANUTS.— 
‘‘(1) DIRECT PAYMENTS.—The total amount of 
direct payments received, directly or indirectly, by a 
person or any legal entity (except a joint venture or 
a general partnership) in any crop year under sub-
title A of title I of the Farm, Nutrition, and Bio-
energy Act of 2007 for peanuts may not exceed 
$60,000. 
‘‘(2) COUNTER-CYCLICAL PAYMENTS.—The total 
amount of counter-cyclical payments received, directly 
or indirectly, by a person or any legal entity (except 
a joint venture or a general partnership in any crop 
year under subtitle A of title I of the Farm, Nutri-
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tion, and Bioenergy Act of 2007 for peanuts may not 
exceed $65,000.’’. 
(b) DIRECT ATTRIBUTION.—Section 1001 of the Food 
Security Act of 1985 (7 U.S.C. 1308) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (4) and (5), respectively; and 
(B) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) LEGAL
ENTITY.—The term ‘legal entity’ 
means an entity that is created under Federal or 
State law and that— 
‘‘(A) owns land or an agricultural com-
modity; or 
‘‘(B) produces an agricultural commodity. 
‘‘(3) PERSON.—The term ‘person’ means a nat-
ural person, and does not include a legal entity.’’; 
(2) by striking subsections (d) through (e) and 
inserting the following new subsections: 
‘‘(d) ATTRIBUTION OF PAYMENTS.— 
‘‘(1) IN GENERAL.—In implementing subsections 
(b) and (c), the Secretary shall issue such regulations 
as are necessary to ensure that the total amount of 
payments are attributed to a person by taking into 
account the direct and indirect ownership interests of 
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the person in a legal entity that is eligible to receive 
such payments. 
‘‘(2) PAYMENTS TO A PERSON.—Every payment 
made directly to a person shall be combined with the 
person’s pro rata interest in payments received by a 
legal entity in which the person has a direct or indi-
rect ownership interest. 
‘‘(3) PAYMENTS TO A LEGAL ENTITY.— 
‘‘(A) IN GENERAL.—Every payment made 
to a legal entity shall be attributed to those per-
sons who have a direct or indirect ownership in-
terest in the legal entity. 
‘‘(B) ATTRIBUTION OF PAYMENTS.— 
‘‘(i) PAYMENT LIMITS.—Except as pro-
vided in clause (ii), payments made to a 
legal entity shall not exceed the amounts 
specified in subsections (b) and (c). 
‘‘(ii) EXCEPTION.—Payments made to 
a joint venture or a general partnership 
shall not exceed, for each payment specified 
in subsections (b) and (c), the amount de-
termined by multiplying the maximum 
payment amount specified in subsections 
(b) and (c) by the number of persons and 
legal entities (other than joint ventures and 
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